Tag Archives: court

The Islamabad High Court upheld the government’s decision to dismiss the head of the CCP | Instant News


The IHC ruled out the decision of one councilor who returned Khalil, two other members

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    Set aside the single member bench verdicts that returned Khalil, the other two members

PHOTO: IHC Website

Set aside the verdict from the bench of the single member who returned Khalil, the other two members

PHOTO: IHC Website

ISLAMABAD: The Islamabad High Court (IHC) on Thursday overruled the previous decision of one councilor and upheld the government’s decision to dismiss the chairman of the Pakistan Competition Commission (PKC) Vadiyya Khalil and two other members.

Khalil and members Dr Mohammad Saleem and Shahzad Ansar were fired by the federal government in October 2018.

The Finance Division moved a summary stating that the cabinet had not yet approved their appointment so it cannot be claimed that the decision was made by the federal government as determined by the high court in the Mustafa Impex case which he said could not be issued by the prime minister. every order without cabinet approval.

It was further stated that the appointment was made by the finance minister in consultation with the prime minister and was therefore illegal.

Later, Khalil and two other members moved the IHC against the termination of their services.

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Their lawyer Jahanzeb Sukhera believes that the federal government has authorized the finance minister and prime minister through decisions November 2, 2016 and February 7, 2017 to make appointments with heads of legal entities. He added that this authorization did not mean delegation of power but rather a permit.

He pointed out that the Finance Division in its summary had stated that the performance of the chairman and the two members was satisfactory.

In February this year, a single IHC bench consisting of Judge Miangul Hassan Aurangzeb canceled their termination orders and returned them.

The federal government then filed an intra-court appeal against the IHC’s single seat decision.

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On April 21, Prime Minister’s Special Assistant for Information and Broadcasting Dr Firdous Ashiq Awan said the cabinet had approved the commission’s reconstitution.

“In the past, the Competition Commission has protected certain people who submitted 27 petitions,” he added. “The CCP stakeholders must return Rs27 billion.”

Khalil previously served as a CCP member from 2010 to 2013 overseeing the merger and acquisition functions as well as commission advocacy.

The PTI government has decided to strengthen the CCP in an effort to tighten the noose around the cartels to recover the sentences imposed on them.

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The court is seeking Mahar retaliation for the illegal detention of lawyers | Instant News


The applicant seeks legal action against SHO, subordinates for abuse of power

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PHOTO: EXPRESS

KARACHI: The local court issued a notice on Monday to Inspector General of Police (IGP) Sindh Mushtaq Mahar, South DIG and the SSP complaint cell for requests relating to the illegal detention of a lawyer and abuse of power.

The Southern court session listened to a request filed by Advocate Liaquat Ali Khan, in which he stated that he would return from court on April 15 when police officers at a picket near Punjab Chowrangi stopped him.

He claimed that although he told them that he was a lawyer, showing his card as evidence, they did not listen and took him to the police station in SHO Agha Aslam’s car.

Claiming that he was detained, Khan moved to court to give an order for registering a case against SHO Aslam and his subordinate officials, while asking for security.

The court requested a reply from Sindh IGP Mahar, DIG South, and the CNS complaint cell when issuing a notice for April 25.

Robbers sent back

Meanwhile, another local court handed three defendants to the police for physical detention for four days in cases related to robbing the mobile market.

Pirabad police present robber suspects, namely Amir Ali, Saleem Khan, and Ehsaan, before Western court judge Asif Ali Abbasi in the city court of Karachi.

Investigation officials alleged that the suspects had committed robberies worth thousands of rupees, asking the court to approve the detention of suspects for further investigation. The court accepted the request and gave physical detention for four days to the defendant.

Judge Abbasi also asked for reports of items seized from the possession of the accused and directed the police to arrest other suspects.

Residents released

Separately, the local court ordered the release of detained citizens for breach of the lock on collateral of Rp. 5,000 each.

More than 100 residents were presented by police at the Karachi City Court.

There are no methods designed to propose guarantees for lock breaches. Residents have gathered outside the bank to hand over the collateral amount, while no security measures are followed during the procedure.

At least 1,500 residents have been arrested for lock violations so far.

Published in The Express Tribune, 21 Aprilst, 2020.

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Indonesian courts will be virtual as long as Covid-19 is locked | Instant News


JAKARTA (The Jakarta Post / ANN): Because the Covid-19 epidemic in Indonesia shows no signs of easing, the two highest courts in the country, the Supreme Court (MA) and the Constitutional Court (MK), have turned to virtual trials to safeguard justice system continues.

The Supreme Court has ruled in an unprecedented decision that all lower courts will use the Zoom video conferencing platform to conduct their trials fully online starting April 13.

The court issued a joint agreement with the Attorney General’s Office (Attorney General) and the Ministry of Law and Human Rights at the end of last month to conduct criminal trials through video conferencing.

On March 23, weeks before the transition took effect, the court adjourned most trials throughout the country due to the Covid-19 outbreak.

However, it still allows lower courts to conduct selected trials offline with limited attendance at hearings and temperature checks for all participants before they are allowed to enter.

Under the new policy on virtual trials, judges and prosecutors must be physically present in the courtroom, while the defendants will sit in a special room in their detention facility for trial. The prosecutor will then use the video link to question the defendants.

“We need to continue the judicial process during the outbreak, so we have now decided not to postpone the trial and instead move it online,” Supreme Court spokesman Abdullah said Saturday (April 18).

According to Abdullah, all 382 lower courts in the country had begun turning to online courts a few days before the policy was issued.

The court has won in conducting a virtual trial, although there are various technical problems ranging from poor video and audio quality to unstable internet connections that interfere with the examination of witnesses and defendants.

Abdullah could not provide the exact number of virtual trials that have been held to date, but said that around 25,000 criminal cases had been tried online between March 23 and April 17.

He added that the Supreme Court would improve technology and install appropriate equipment.

However, the court has no plans to revive the trial for public view, Abdullah said, including trials that are normally open to the public.

The statement sparked criticism at the transparency of the court, which is notorious for opposing external oversight. In his defense, the court said it wanted to protect the identities of all judges, prosecutors and witnesses, regardless of the nature of the court case.

“In criminal courts, we also deal with crimes related to drugs, terrorism, and corruption cases that often involve criminal organizations. If the defendant is a member of such groups, their associates could endanger witnesses, judges and prosecutors if their identities are revealed, “Abdullah said.

Meanwhile, civil cases were tried in administrative, civil and religious courts under the jurisdiction of the Supreme Court – including at lower levels and appealed – were transferred to the e-litigation system on 1 January. In this system, litigation documents are submitted electronically for examination by the trial judge.

Unlike the Supreme Court and all courts under its jurisdiction, the Constitutional Court has used video conferencing facilities for witnesses, forensic witnesses and petitioners to submit remarks and long-distance testimony, years before the pandemic appeared. It also streams live all the congregations on its website.

The Constitutional Court has suspended all examinations until April 21 to comply with the government’s Covid-19 mitigation effort. After the end of this suspension period, the court intends to adopt a more inclusive video conferencing method that will allow applicants to file their cases remotely in a judicial hearing.

The court is now preparing a series of guidelines on conducting virtual trials for its nine judges.

“We have not yet decided whether judges must comply with the social distance policy in the courtroom, or whether they can work from home but are obliged to wear their robes,” said Constitutional Court spokesman Fajar Laksono.

Julius Hebrew from the Indonesian Legal Aid and Human Rights Institute (PBHI) said that all courts, especially the Supreme Court, need to maintain transparency because virtual courts tend to limit public access to court proceedings. He said that the decision not to revive the trial was a real effort to limit transparency.

Julius also urged the Supreme Court to standardize video conferencing technology in lower courts to maintain the quality of trials to assist judges in issuing fair decisions.

He said that he had found that some online courts in the lower courts were focusing cameras on the faces of the defendants, who did not offer bird’s-eye view of the defendants’ environment in detention centers.

This made it difficult for judges and prosecutors to determine whether the defendants were intimidated, manipulated, or intervened by giving their statements during the trial.

“In such a setting [at detention centres], we never know whether they are under pressure or not. False statements tend to influence decisions, “said Julius.

Meanwhile, the Indonesian Anti-Corruption Community (Maki) has petitioned the Constitutional Court to oppose controversial regulations that provide law immunity to lawmakers in taking extraordinary measures to protect the economy from the effects of the Covid-19 pandemic.

Coordinator Maki Boyamin Saiman said that his experience in the 2013 challenge regarding the provisions in the Criminal Law Procedure (KUHAP), where fellow petitioners submitted their arguments via video link, had convinced him that court decisions would not be affected by holding virtual trials.

The Constitutional Court has so far received seven petitions regarding temporary locking up. – The Jakarta Post / Asia News Network

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JUI-F leader moves to court against refusal of bail | Instant News


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The court extended the arrest of Mir Shakil until the 28th | Instant News


LAHORE – The accountability court on Saturday has extended the physical arrest of Group Chief Editor Jang Mir Shakil-ur-Rahman (MSR) for 10 days in the case of illegal plot rationing.

Mir Shakil has appeared before an accountability court today after her previous detention ended. Accountability Court Judge Syed Jawadul Hassan conducted the case. The NAB Prosecutor requested the court to extend the physical detention of the suspect to complete the investigation. He stated that the investigation process remained slow because it was locked to prevent the spread of coronavirus. He told the court about the investigation carried out so far, adding that the bureau took note of the statement of the then Director General of Lahore, Humayun Development Authority Faiz Rasool.

For court questions, the NAB investigative officer said that two roads were also included in the block / plot given to Mir Shakil. The prosecutor told me about the two-minute video that aired on Geo TV, saying that it was an attempt to influence the trial process.

At this time, the court is observing that the bureau must submit a separate application for this purpose, if there are objections. Advocate Amjad Pervaiz on behalf of Mir Shakil opposed the detention.

He said that all records were available with the bureau and no further requests were needed. MSR’s advisor reminded the court that international media followed what happened to the senior editors of Pakistan’s largest media group.

The court, after hearing detailed arguments from the parties, extended Mir Shakil’s physical detention for another 10 days and ordered it to be produced again on April 28.

Mir Shakil-ur-Rahman was arrested after his appearance at the anti-corruption watchdog’s office in Lahore on March 12 after he failed to give satisfactory answers during interrogation.

NAB has alleged that the defendant obtained illegal release of 54 one-channel plots each in Johar Town Lahore, with the help of Nawaz Sharif, the then chief minister of Punjab, who violated the liberation policy. It is important to mention here that the LHC has rejected two petitions submitted by Mir Shakil and his wife who oppose Mir Shakil’s physical arrest and detention.

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