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 review 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 frivolous 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 so far 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 the importance of this case has increased in the present circumstances.
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, then 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 review 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.
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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 issue. 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.’
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How does Justice Musarat Hilali see the role of the Supreme Court in addressing environmental issues and holding provinces accountable for pollution management?
**Interview with Justice Musarat Hilali on Recent Supreme Court Proceedings**
**Interviewer**: Thank you for joining us today, Justice Hilali. Recently, the Constitutional Bench addressed several pressing issues, including the review petition regarding the appointment of former Chief Justice Qazi Faiz Isa. Can you elaborate on your remarks during the proceedings?
**Justice Musarat Hilali**: Thank you for having me. Yes, during the hearings, I emphasized the need to refrain from personal attacks in legal matters. Justice Qazi has retired, and it is important to respect his legacy and focus on the legal principles rather than personal grievances. In the case we discussed, I felt it was crucial to remind the petitioner to keep the legal arguments professional.
**Interviewer**: That was a significant moment in the courtroom. The bench dismissed the review petition from lawyer Riyaz Hanif. Can you share your thoughts on the criteria for adjudicating such petitions?
**Justice Musarat Hilali**: Certainly. In our process, we evaluate petitions based on their merits, relevance, and the legal framework. If a case lacks substantial legal grounding or does not bring forward a legitimate issue, it is dismissed. We take this responsibility seriously, as frivolous litigation can clog our judicial system and impede justice for other cases.
**Interviewer**: It was reported that the bench imposed fines on petitioners for frivolous litigation. How do you ensure that the legal system is not abused in this manner?
**Justice Musarat Hilali**: Imposing fines is one way to deter frivolous cases. It’s important for all parties involved to understand that the court should not be a battleground for personal disputes. We believe that when petitioners face financial consequences for pursuing unfounded cases, it encourages a more responsible approach to litigation and respects the limited time and resources of our judiciary.
**Interviewer**: Moving on to environmental concerns, the Supreme Court is requesting reports from provinces about measures taken against pollution. Why is this issue particularly pressing?
**Justice Musarat Hilali**: Environmental issues are critical not only for our present but also for future generations. As we heard in the recent proceedings, pollution affects public health and our quality of life. By demanding accountability from provinces, we aim to influence effective governance and sustainable practices in environmental management. It’s vital that countries take proactive steps, rather than waiting for crises to highlight these challenges.
**Interviewer**: As a member of the bench, how do you view the importance of practical action in addition to legal discourse?
**Justice Musarat Hilali**: Legal documents and discussions are essential, but they must translate into tangible action. Our courts must ensure that governmental bodies act upon their obligations. We constantly encourage comprehensive reports and real-world implementations of policies to address these pressing issues. If we see inaction, we have a responsibility to call it out.
**Interviewer**: Thank you for sharing your insights, Justice Hilali. Your dedication to upholding the integrity of the legal process and addressing societal issues is commendable.
**Justice Musarat Hilali**: Thank you for having me. It’s been a pleasure discussing these critical topics.
