Showing posts with label Legal News. Show all posts
Showing posts with label Legal News. Show all posts

Friday, April 21, 2023

Stripping Away Suo Motu Powers: The Battle for Judiciary Independence in Pakistan

April 21, 2023 0




The National Assembly of Pakistan has passed a bill known as the Supreme Court (Practice and Procedure) Act 2023, which aims to curb the powers of the chief justice of Pakistan in taking suo motu notice. The bill proposes that a three-member committee consisting of senior judges will have the power to take suo motu notice instead of the chief justice alone. This committee will also ensure transparent proceedings in the apex court and give the right to appeal.


However, President Dr Arif Alvi has refused to give his assent to the bill twice, stating that the matter is sub judice before the apex court. The Supreme Court has also barred the government from implementing the bill, citing interference with and intrusion into the independence of the judiciary.






Suo motu notice refers to the power of the chief justice of Pakistan to take notice of a matter on their own accord, without the need for a formal complaint or petition. This power has been a subject of debate in Pakistan for several years, with some arguing that it gives too much power to the chief justice and can be misused.


The passage of this bill has been controversial, with some arguing that it is an attempt to curtail the independence of the judiciary and weaken the power of the chief justice. Others argue that it is a necessary step to ensure transparency and accountability in the apex court.


Overall, this is a significant development in the ongoing debate over the powers of the chief justice of Pakistan and the role of the judiciary in the country. It remains to be seen how this issue will be resolved, and what impact it will have on the future of Pakistan's judiciary.


Insights of Article


1. The National Assembly in Pakistan has converted the Supreme Court (Practice and Procedure) Bill 2023 into an act.

2. The President has refused to sign it into law, and the Supreme Court has ordered that it should not be implemented.

3. The bill aims to limit the suo motu powers of the Chief Justice of Pakistan.

4. The bill proposes to establish a three-member committee that will have the power to take suo motu notice, instead of the Chief Justice alone.

5. The Supreme Court has termed the bill as an interference in the independence of the judiciary.

6. The power of suo motu notice has been a crucial tool for the court to ensure that justice is served in cases where the fundamental rights of the citizens are violated.

7. The bill seeks to take away this power from the Chief Justice and give it to a committee, which many believe will compromise the independence and integrity of the judiciary.

8. The Supreme Court's objection to the bill aims to protect the independence of the judiciary and maintain its role as the ultimate arbiter of justice in the country.

9. The conversion of the bill into an act despite opposition from the President and the Supreme Court is a concerning development.

10. This highlights the need for a robust and independent judiciary to safeguard the rule of law and protect the fundamental rights of the citizens.





Thursday, April 20, 2023

"Supreme Court Orders Negotiations and Funding for Elections in Pakistan"

April 20, 2023 0


The Supreme Court of Pakistan recently considered a petition requesting for the national and provincial assemblies to hold general elections simultaneously. The court ordered the federal coalition and PTI to negotiate an agreement on the elections before 4pm on the same day. However, the proceedings did not resume as the three-judge bench did not appear in the courtroom. The coalition parties informed the court that they had planned to hold a dialogue with the opposition after Eid, but Justice Bandial instructed them to hold the talks immediately.






Representatives of the PPP and the Attorney General for Pakistan (AGP) Mansoor Usman Awan met with CJP Bandial in his chambers. Farooq H. Naek, who represented the PPP, told reporters that the CJP had been informed that the dialogue had been initiated with the PTI. The court adjourned until April 27, but a written order has not yet been issued. Meanwhile, JUI-F chief Maulana Fazlur Rehman rejected the idea of talks with PTI chairman Imran Khan.


In another order, the Supreme Court directed the government to provide funds to the Election Commission of Pakistan (ECP) to hold elections in Punjab and Khyber Pakhtunkhwa. However, the government refused to comply with the order, and the ECP, defence ministry, and finance ministry submitted their reports to the court in a sealed envelope. The court ordered the SBP to release funds worth Rs21bn for elections from Account No I, a component of the Federal Consolidated Fund worth Rs1.39 trillion, and send an “appropriate communication” to this effect to the finance ministry by April 17. The coalition government rejected its own demand for the provision of Rs21bn as a supplementary grant to the ECP for holding polls in the two provinces.


Insights of Article


1. The Supreme Court of Pakistan is involved in decisions related to national and provincial elections.

2. The court ordered the federal coalition and PTI to negotiate an agreement on the elections before a specific deadline, but the proceedings did not resume as expected.

3. The PPP and AGP met with CJP Bandial to inform him about the dialogue they initiated with PTI.

4. JUI-F chief Maulana Fazlur Rehman rejected the idea of talks with PTI chairman Imran Khan.

5. The Supreme Court directed the government to provide funds for the Election Commission of Pakistan to hold elections in Punjab and Khyber Pakhtunkhwa, but the government refused to comply with the order.

6. The SBP was ordered to release funds for elections from the Federal Consolidated Fund worth Rs1.39 trillion.

Saturday, April 15, 2023

Supreme Court Orders Rs21bn for Fair Elections in Punjab and Khyber Pakhtunkhwa

April 15, 2023 0




The Supreme Court of Pakistan has issued an order to the State Bank of Pakistan to allocate Rs21bn ($127m) for the purpose of conducting the general elections in Punjab and Khyber Pakhtunkhwa assemblies by 17th April. This directive was issued to ensure that the election process is carried out smoothly and without any hindrances. 


The court has also instructed the Election Commission of Pakistan to verify that the funds have been made available to it so that they can be used for the election process. This step is crucial in ensuring that the election process is carried out in a transparent and fair manner. 




Moreover, the State Bank and the Finance Ministry have been ordered to submit a compliance report by 23rd April, stating that they have followed the court's order and that the funds have been allocated to the Election Commission of Pakistan. 


>Overall, this directive from the Supreme Court of Pakistan is a positive step towards ensuring that the general elections in Punjab and Khyber Pakhtunkhwa take place without any issues and that they are conducted in a fair and transparent manner.


Insights of Article


1. The Supreme Court of Pakistan has issued an order to allocate funds for conducting general elections in Punjab and Khyber Pakhtunkhwa assemblies by 17th April.

2. The directive was issued to ensure that the election process is carried out smoothly and without any hindrances.

3. The Election Commission of Pakistan has been instructed to verify that the funds have been made available to it so that they can be used for the election process.

4. The step is crucial in ensuring that the election process is carried out in a transparent and fair manner.

5. The State Bank and the Finance Ministry have been ordered to submit a compliance report by 23rd April, stating that they have followed the court's order and that the funds have been allocated to the Election Commission of Pakistan.

6. This directive is a positive step towards ensuring that the general elections in Punjab and Khyber Pakhtunkhwa take place without any issues and that they are conducted in a fair and transparent manner.




Friday, April 14, 2023

UAE Offers $1 Billion in Financial Support to Pakistan Amid IMF Deadlock

April 14, 2023 0



The United Arab Emirates (UAE) has pledged to offer financial support worth $1 billion to Pakistan, as announced by the country's finance minister, Ishaq Dar. This announcement comes after a visit by a delegation from the International Monetary Fund (IMF) in January of this year, which failed to resolve a deadlock over fiscal policy adjustments. However, experts have raised doubts over the effectiveness of such promises, as similar pledges have been made in the past without being fully realized.


The IMF has set forth a list of conditions that must be met for any loan package to be approved, including the removal of subsidies, increasing taxes, and eliminating an artificial cap on the value of the Pakistani rupee. Pakistan had previously entered into a $6 billion IMF programme in 2019, which was subsequently increased to $6.5 billion last year. 


It remains to be seen whether the $1 billion in financial support from the UAE will be enough to meet the IMF's conditions and resolve the ongoing fiscal policy deadlock in Pakistan. Nevertheless, this news is likely to be welcomed by the Pakistani government, which has been struggling to secure international support amidst a challenging economic climate.


Insights of Article 


1. The United Arab Emirates (UAE) has pledged $1 billion in financial support to Pakistan.

2. The announcement came after a failed attempt to resolve fiscal policy adjustments by a delegation from the International Monetary Fund (IMF) in January.

3. Experts doubt the effectiveness of such promises as similar pledges have been made in the past without being fully realized.

4. The IMF has set forth a list of conditions that must be met for any loan package to be approved, including the removal of subsidies, increasing taxes, and eliminating an artificial cap on the value of the Pakistani rupee.

5. Pakistan had previously entered into a $6 billion IMF programme in 2019, which was subsequently increased to $6.5 billion last year.

6. It remains to be seen whether the $1 billion in financial support from the UAE will be enough to meet the IMF's conditions and resolve the ongoing fiscal policy deadlock in Pakistan.

7. The news is likely to be welcomed by the Pakistani government, which has been struggling to secure international support amidst a challenging economic climate.

Wednesday, April 12, 2023

Supreme Court of Pakistan Takes Action Against Officials Over Delay in Election Funds Disbursement.

April 12, 2023 0





The Supreme Court of Pakistan has taken action against the government officials responsible for failing to disburse Rs21bn in funds for elections in Punjab and Khyber Pakhtunkhwa. The officials who have been issued notices include those from the finance ministry, State Bank of Pakistan, the Attorney General for Pakistan and the Election Commission of Pakistan. 


This action by the Supreme Court follows a report by the Election Commission which revealed that the government had shown reluctance in releasing the funds required for the election. It is believed that the government is delaying the polls, and Finance Minister Ishaq Dar has tabled a bill in the National Assembly and Senate seeking the release of funds for holding elections in both provinces. 


This delay in the election process has raised concerns over the government's commitment to ensuring free and fair elections. The Supreme Court's intervention is a positive step towards ensuring that the election process is conducted in a transparent manner and that all necessary funds are released timely to ensure that the election process is not compromised. 


Insights of this Article


1. The Supreme Court of Pakistan is taking action against officials responsible for failing to disburse election funds, which suggests a lack of accountability and transparency in the election process.

2. The delay in the election process may raise concerns about the government's commitment to ensuring free and fair elections.

3. The Finance Minister has tabled a bill in the National Assembly and Senate seeking the release of funds for both provinces, which suggests that the government may have been reluctant to release funds for the election.




Tuesday, April 11, 2023

ECP Takes a Stand for Fair and Transparent Elections in Punjab: Proposes Changes to Election Law Amidst Funding Controversy

April 11, 2023 0


The Election Commission of Pakistan (ECP) has recently submitted a report to the Supreme Court regarding the issue of the government funding the upcoming elections in Punjab. The government has not yet provided the necessary funds for the elections, and instead, has referred the matter to Parliament for further discussion and decision-making.


In light of this situation, the ECP has proposed some changes to the election law to prevent any judicial interference and ensure that the elections are conducted fairly and transparently. This move by the ECP is significant, as it aims to promote integrity and impartiality in the election process, which is essential for any democracy to function effectively.


Meanwhile, the Finance Minister, Ishaq Dar, has tabled a bill that seeks the release of funds for the elections. The funds will be charged to the Federal Consolidated Fund, which is a central pool of money that is used to finance various government projects and initiatives.


Overall, this situation highlights the importance of ensuring that elections are conducted fairly and transparently, and that adequate funds are provided to facilitate the process. The proposed changes to the election law and the efforts to secure funding for the elections are positive steps towards achieving this goal, and it is hoped that the government and other stakeholders will work together to ensure that the upcoming elections in Punjab are conducted in a free and fair manner.


Insights 
1. The government has not yet provided necessary funds for the upcoming elections in Punjab.
2. The ECP has proposed changes to the election law to promote integrity and impartiality in the election process.
3. The Finance Minister has tabled a bill seeking the release of funds for the elections.
4. The situation highlights the importance of conducting elections fairly and transparently and providing adequate funds for the process.
5. The proposed changes to the election law and efforts to secure funding are positive steps towards achieving free and fair elections.
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Controversy Surrounds Justice Qazi Faez Isa's Attendance at National Constitution Convention in Pakistan

April 11, 2023 0


Justice Qazi Faez Isa, who is the senior most judge of Pakistan's Supreme Court, recently attended the National Constitution Convention to commemorate the 50th anniversary of the 1973 Constitution. However, his attendance has sparked controversy due to the current political turmoil in the country, and the fact that no other top court judges were present at the event.


Critics argue that Justice Isa should not have attended the ceremony where he sat among lawmakers whose cases he once heard in his courtroom. They claim that his presence undermines the impartiality and independence of the judiciary, and raises questions about his own ethical conduct. However, Justice Isa has defended his decision to attend the convention, saying that he did so to support the Constitution and to emphasize the importance of teaching it in schools.


The 1973 Constitution of Pakistan is a landmark document that has been instrumental in shaping the country's political and legal landscape. It lays down the fundamental rights and principles of governance, and provides a framework for the functioning of the state. The Constitution has been amended several times over the years, and there have been debates about its efficacy and relevance in the contemporary context.



Justice Isa's attendance at the National Constitution Convention can be seen as a statement of support for the Constitution and its values. By participating in the event, he has not only demonstrated his commitment to the rule of law but also his belief in the importance of civic education and awareness. His message is clear: the Constitution is a living document that needs to be understood and appreciated by all citizens, regardless of their political affiliations.


In conclusion, Justice Qazi Faez Isa's attendance at the National Constitution Convention has sparked controversy but also highlighted the significance of the Constitution in Pakistan's political and legal discourse. His presence at the event underscores the need for judicial independence, ethical conduct, and civic education, and serves as a reminder that the Constitution is the bedrock of the nation's democratic aspirations.

Sunday, April 9, 2023

Prime Minister Shehbaz Sharif Convenes Emergency Cabinet Meeting to Address Ongoing Political and Judicial Crisis in Pakistan

April 09, 2023 0


Prime Minister Shehbaz Sharif has called a meeting of the federal cabinet to discuss several issues, including the ongoing political, economic, and constitutional crises in the country. The meeting is being held amid a face-off with the judiciary over the Punjab polls case.



One of the topics to be discussed at the meeting is the proposed amendments to the contempt law. The cabinet is expected to discuss making it mandatory to table reports against judges submitted in the Supreme Judicial Council before parliament.


The meeting will be held at 2 pm, and the premier will chair it via video link from Lahore. Additionally, the sources said that the PM would take the cabinet into confidence on the decisions taken in the meeting of the National Security Committee (NSC).



The National Assembly will also commemorate the Golden Jubilee of the Constitution on Monday.


Overall, the meeting of the federal cabinet is an important step towards addressing the various challenges faced by the country. It provides an opportunity for the government to take stock of the situation and chart a course of action for the future.


Insights of the Meeting


1. There are ongoing political, economic, and constitutional crises in the country.

2. The Prime Minister, Shehbaz Sharif, has called a meeting of the federal cabinet to discuss these crises.

3. There is a face-off with the judiciary over the Punjab polls case.

4. The meeting will also discuss amendments to the contempt law and making it mandatory to table reports against judges submitted in the Supreme Judicial Council before parliament.

5. The cabinet meeting will be held at 2pm and the premier will chair it via video link from Lahore.

6. The PM will take the cabinet into confidence on the decisions taken in the meeting of the National Security Committee (NSC).

7. The National Assembly will commemorate the Golden Jubilee of the Constitution on Monday.