Justice Musarat Hilali, a member of the Constitutional Bench, remarked on the request to challenge the appointment of former Chief Justice Qazi Faiz Isa as the Chief Justice of Balochistan High Court that ‘Do not get personal in the cases, Justice Qazi has now retired, leave the Qazi. Sahib’s life.’ Thereafter, the Constitution Bench dismissed the revision petition of the petitioner lawyer Riyaz Hanif.
The Supreme Court On the first day of the Constitution Bench today, a six-member bench headed by Justice Aminuddin Khan, 18 Cases Hearings out of which 15 were dismissed as ineffective.
A total of Rs 60,000 fines were imposed on the petitioners for baseless litigation while three cases were adjourned by the Constitution Bench.
After the 26th Constitutional Amendment, the Constitutional Bench heard the cases on Thursday. Along with Justice Aminuddin Khan, other judges on the bench include Justice Jamal Mandukhel, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan and Justice Musrat Hilali. Justice Ayesha Malik was not part of the bench today.
All on measures taken against environmental pollution The provinces Request report from
The Constitution Bench of the Supreme Court sought a report from the provinces on all the measures taken till now related to environmental pollution since 1993. Justice Jamal Mandukhel remarked that ‘Look what has happened in Punjab and Islamabad.’ The additional attorney general said that ‘in the present circumstances, the importance of this case has increased.’
Justice Naeem Afghan said that this case has been going on since 1993, Lahore city has spread from Wagah border to Sheikhupura on one side, DHA and other societies are being built on agricultural lands, which are affected by the earthquake. I don’t want high-rise buildings to be built there, how are we treating future generations, promote flat culture, it is not necessary to build 6-6 kanal bungalows.’
Justice Muhammad Ali Mazhar remarked that ‘according to the report of the Environmental Agency of Islamabad, everything is good, according to the report of the year 2021, all the steel mills are following the SOPs. Is this case to be heard? Institutions will work only if the court keeps asking for reports. Why could not the Chairman of Environmental Change Authority be appointed? The authority will be active only when the chairman is appointed.
Justice Jamal Mandukhel remarked that ‘Also pay attention to the fact that pollution is spreading due to the adulteration of petrol, pollution is also among the diseases affecting the country, there is a need to know the cause of the disease and treatment.’
Justice Aminuddin Khan said that ‘only paperwork will not work, take practical steps, if detailed reports come in the next hearing, the case will be settled.’ The court adjourned the hearing for three weeks on the request of the Additional Attorney General.
Case of appointment of Qazi Faiz Isa as Chief Justice of Balochistan High Court
The appointment of Qazi Faiz Isa as the Chief Justice of Balochistan High Court was challenged by petitioner Riaz Hanif Rahi. A six-member constitution bench headed by Justice Aminuddin heard the case. The Constitution Bench dismissed the revision petition filed against Qazi Faiz Isa.
Justice Jamal Mandukhel remarked that ‘this is a review application, on such an application I will request the head of the bench to refer the matter to the Pakistan Bar Council, the case cannot be reopened. Do you want to reopen the case?’
Petitioner lawyer Riyaz Hanif told the court that the Supreme Court heard the Bhutto case after 40 years. I am telling the facts to the court, I don’t have the record but the record can be called from Balochistan. The appointment of Qazi Faiz Isa did not include the consultation of the Chief Minister at that time.
On behalf of the petitioner, Justice Aminuddin said, ‘Why are you not answering the questions that the court is asking you? Tell the law how consultation with the Chief Minister is necessary?’ Justice Muhammad Ali Mazhar said to the petitioner on this occasion, ‘Why are you getting angry? Listen to the court.’
Justice Musrat Hilali remarked that ‘Don’t get personal in the cases, Justice Qazi has now retired, leave Qazi Sahib’s life.’ Thereafter, the Constitution Bench dismissed the revision petition of the petitioner lawyer Riyaz Hanif.
Three applications dismissed with a fine of 60,000
The constitution bench of the Supreme Court dismissed the petition against the foreign assets and bank accounts with a fine of 20,000.
This section contains related reference points (Related Nodes field).
Justice Mandukhel remarked that it is the Parliament’s job to legislate. How Election Commission can legislate on foreign account assets.’ Justice Muhammad Ali Mazhar said that ‘the petitioner has not made any legal point in the petition.’
Petitioner Mushtaq Awan told the court that ‘I am of the opinion that contesting elections on foreign assets or bank accounts should not be allowed.’ Justice Muhammad Ali Mazhar replied that it is the work of Parliament to legislate on this matter. Whose foreign assets or bank accounts have not been mentioned?’
Justice Aminuddin Khan rejected the request and said that ‘the petitioner should approach the elected representative of his constituency for legislation on the matter.’
The petition to ban the marriages of Pakistanis with foreign women was also dismissed while the court imposed a fine of 20 thousand rupees on the petitioner. Justice Muhammad Ali Mazhar remarked that if such requests are allowed, there will also be requests to stop marriages.
The petition against the legislation during the PDM regime was also dismissed by the constitution bench with a fine of Rs 20,000. Justice Jamal Khan Mandukhel remarked that ’60 thousand cases are pending due to such cases.’
The Constitution Bench rejected the plea to reschedule the 2024 general elections
The Constitution Bench dismissed the petition to reschedule the general elections as ineffective. The Attorney General told the court that ‘Now that the elections have taken place, this application has become ineffective.’ Justice Jamal Khan Mandukhel remarked that ‘lawyers did not come, they should be fined heavily.’
#Justice #Qazi #retired #leave #life #Justice #Musrat #Hilali
How can the judiciary enhance its effectiveness in addressing environmental issues as discussed in the recent court sessions?
**Interview with Justice Musarat Hilali on Recent Supreme Court Proceedings**
**Interviewer:** Thank you, Justice Hilali, for joining us. Recently, the Supreme Court’s Constitution Bench saw discussions surrounding the appointment of former Chief Justice Qazi Faiz Isa as Chief Justice of the Balochistan High Court. Could you share your thoughts on the significance of this case?
**Justice Hilali:** Thank you for having me. This case is essential because it touches upon the principles of justice and respect within our judicial system. When challenges arise, it is crucial to focus on the legal aspects without personal attacks. Justice Faiz Isa has served honorably, and it’s important to recognize that he is now retired—his life post-service deserves respect.
**Interviewer:** It was noted that 15 out of the 18 cases heard were dismissed as ineffective, with fines imposed on petitioners for baseless litigation. What message does this send to the legal community?
**Justice Hilali:** The dismissal of those cases and the imposition of fines underscore the importance of presenting well-founded arguments in court. Our legal system is not a platform for frivolous lawsuits, and we encourage lawyers to adhere to principles of good faith and mutual respect. We must cultivate a judiciary that focuses on substantive legal issues, not personal disputes.
**Interviewer:** The court is also addressing environmental pollution measures taken by provinces since 1993. What challenges do you see in this area?
**Justice Hilali:** Environmental issues are both urgent and complex. Our discussions in court reveal the extensive deterioration of our environment due to negligence and the need for a concerted effort from all stakeholders. We are pressing for practical measures and detailed reports to understand fully how provinces are managing these issues. It’s not just about discussing laws; it’s about implementing them effectively for the benefit of future generations.
**Interviewer:** Regarding the recent engagements, what is your view on the interaction between the judiciary and legislative matters, especially concerning foreign assets?
**Justice Hilali:** The judiciary and the legislature must maintain their respective roles. While the court will ensure that the laws are applied fairly, it is up to Parliament to legislate on matters such as foreign assets and eligibility for elections. Our role is to guide based on the law, not to create it. Each body functions best within its domain, ensuring the rule of law is upheld.
**Interviewer:** Your final thoughts on the importance of these proceedings and their implications for the legal landscape in Pakistan?
**Justice Hilali:** These proceedings reinforce our commitment to justice, accountability, and environmental stewardship. They aim to ensure that the legal framework adapts to contemporary challenges while upholding our constitutional values. We are all stewards of this system, and it’s vital we act accordingly for the betterment of society as a whole. Thank you for this opportunity.
**Interviewer:** Thank you, Justice Hilali, for sharing your insights. It’s been an enlightening discussion.