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 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 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.
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 could the Supreme Court’s focus on environmental governance influence future legislation in Pakistan?
**Interview with Legal Expert, Dr. Sarah Khan, on Recent Supreme Court Developments**
**Interviewer:** Thank you for joining us today, Dr. Khan. Let’s start with the recent remarks by Justice Musarat Hilali regarding the petition challenging Qazi Faiz Isa’s appointment as Chief Justice of the Balochistan High Court. What were the key takeaways from her comments?
**Dr. Sarah Khan:** Thank you for having me. Justice Hilali’s remarks underscore a significant point regarding the need to separate personal sentiments from legal proceedings. By asking not to make the case personal against a retired judge, she highlighted the importance of maintaining professional decorum in the judiciary. Her statement resonated with the bench’s decision to dismiss the review petition, emphasizing the principle that once someone has retired, they should be allowed to move on without ongoing scrutiny.
**Interviewer:** The Supreme Court’s bench dismissed 15 out of 18 cases on the same day. What does this indicate about the current workload and efficiency of the court?
**Dr. Sarah Khan:** It indicates that the court is actively trying to manage its docket in a timely manner. Dismissing cases labeled as ineffective suggests that the judiciary is keen on prioritizing substantive issues over frivolous litigation. The imposition of fines for baseless petitions also sends a clear message discouraging misuse of the judicial system, which is crucial for maintaining its integrity.
**Interviewer:** The court has sought a report on environmental pollution measures from provinces. Given the ruling’s emphasis on practical steps, what do you think are the implications for environmental governance in Pakistan?
**Dr. Sarah Khan:** This is a pivotal move towards holding provincial authorities accountable for environmental management. The justices expressed concern over the decades-long struggle with pollution, emphasizing that paperwork isn’t enough. This shift towards seeking actionable reports could prompt provinces to take more serious and practical preventive measures against environmental degradation. It may also resurrect discussions on appointing relevant authorities to ensure active governance in this area.
**Interviewer:** Justice Muhammad Ali Mazhar raised concerns about following SOPs reported by the Environmental Agency. Could this indicate a broader trend in which the judiciary is becoming more involved in environmental issues?
**Dr. Sarah Khan:** Absolutely. The judiciary is increasingly recognizing the importance of environmental justice. By scrutinizing compliance with established norms, the court is taking a proactive approach in addressing environmental concerns. This trend reflects a growing awareness of how environmental issues impact public health and safety, encouraging the government to prioritize this in their policies.
**Interviewer:** Lastly, the discussions around foreign assets and electoral candidates were also contentious. What role do you see legislation playing in this context?
**Dr. Sarah Khan:** Legislation is crucial in establishing clear guidelines about what is permissible in terms of foreign assets and bank accounts for election candidates. As Justice Muhammad Ali Mazhar mentioned, it’s ultimately the Parliament’s responsibility to legislate on these matters. This highlights the need for a coherent legal framework that not only addresses concerns of transparency and accountability but also aligns with democratic principles.
**Interviewer:** Thank you, Dr. Khan, for sharing your insights on these important legal developments. We appreciate your time.
**Dr. Sarah Khan:** Thank you for having me. It’s always a pleasure to discuss such pressing issues affecting our legal system.
