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.
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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 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.’
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How might the Supreme Court’s recent inquiries into environmental pollution influence future policy changes in Pakistan?
**Title: An In-Depth Conversation on Recent Supreme Court Proceedings**
**Interviewer:** Thank you for joining us today. We’re here to discuss the recent Supreme Court happenings, particularly focusing on Justice Musarat Hilali’s remarks regarding the challenge against former Chief Justice Qazi Faiz Isa’s appointment as Chief Justice of the Balochistan High Court. Can you give us your take on the implications of her statement, ”Do not get personal in the cases, Justice Qazi has now retired, leave Qazi Sahib’s life”?
**Guest:** Certainly! Justice Hilali’s comment underscores the importance of maintaining professional decorum within judicial proceedings. By urging parties not to take matters personally, she emphasizes that the court’s role is to address legal issues rather than attack individuals’ characters. This is crucial, especially in high-profile cases, as personal vendettas can detract from the integrity of the legal process.
**Interviewer:** The Constitutional Bench dismissed the revision petition filed by Riyaz Hanif, asserting the lack of basis for reopening the case regarding Justice Isa. What precedent does this set for future legal challenges against judicial appointments?
**Guest:** Dismissing this petition reinforces the understanding that legal challenges must not only be substantive but also adhere to procedural propriety. The court’s stance suggests that frivolous litigation, particularly when motivated by personal grievances, will not be tolerated. This could set a significant precedent, encouraging potential petitioners to present well-founded cases rather than emotional appeals.
**Interviewer:** During the session, other critical discussions took place regarding environmental pollution and a report from the provinces. What do you believe is the significance of the court’s inquiry into environmental measures since 1993?
**Guest:** The court’s inquiry reflects a growing acknowledgment of environmental issues as pressing matters of public health and welfare. By requesting a comprehensive report on actions taken since 1993, the justices are holding the provinces accountable for their environmental policies. It indicates that the judiciary recognizes its role in not just interpreting the law but also ensuring that governments act in the best interests of citizens, particularly in the face of widespread pollution and its associated risks.
**Interviewer:** Justice Jamal Mandukhel highlighted the need for more practical steps rather than just paperwork. How can this approach affect future legal and environmental frameworks in Pakistan?
**Guest:** Justice Mandukhel’s insistence on practical measures indicates a shift towards actionable outcomes rather than merely theoretical discussions. This may prompt provincial governments to take more tangible steps in addressing environmental challenges. Moreover, it could inspire legislative reforms and a more robust framework for environmental protection, ensuring that institutions take proactive roles in safeguarding public health and the environment.
**Interviewer:** Looking at the overall developments, what message do you think the Supreme Court is conveying through its recent rulings and inquiries?
**Guest:** The recent activities of the Supreme Court convey a strong message about accountability, both within the judiciary and in government actions. It underscores the importance of upholding the rule of law while also advocating for the citizens’ rights concerning environmental issues. The judiciary seems to be positioning itself as an active protector of public interests, ensuring that personal grievances do not cloud judicial processes.
**Interviewer:** Thank you for your insights! It’s clear that these recent court proceedings raise numerous important questions about both legal practices and environmental responsibilities in Pakistan.
**Guest:** Thank you for having me. It’s crucial that we continue to discuss these issues to enhance public awareness and engagement with the legal and environmental challenges our society faces.
