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Legal Bulletin Page 1-16 1 ©Copyright 2014 ISSN 2312-136X ALHASAN SYSTEMS PRIVATE LIMITED 205-C 2nd Floor, Evacuee Trust Complex, Sector F-5/1, Islamabad, 44000 Pakistan 95-1st Floor, Deans Trade Center, Peshawar Cantt; Peshawar, 25000 Pakistan For information: Landline: +92.51.282.0449, +92.91.525.3347 Email: [email protected] Facebook: http://www.facebook.com/alhasan.com Twitter: @alhasansystems Website: www.alhasan.com ALHASAN SYSTEMS is registered with the Security & Exchange Commission of Pakistan under section 32 of the Companies Ordinance 1984 (XL VII of 1984). ALHASAN is issuing this Legal Bulletin free of cost for general public benefit and informational purposes only. Should you have any feedback or require for further details and Metadata information please call us at Landline: +92 51 2820449, Fax: +92 51 835 9287 or email at [email protected]. LEGAL NOTICES The information in this publication, including text, images, and links, are provided "AS IS" by ALHASAN SYSTEMS solely as a convenience to its clients and general public without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. ALHASAN SYSTEMS assumes no responsibility for errors or omissions in this publication or other documents which are referenced by or linked to this publication. This publication could include technical or other inaccuracies, and not all information/ services referenced herein are available in all areas. Changes are periodically added to the publication, and ALHASAN may change the information or services described in this publication at any time. Should you choose to respond directly to ALHASAN SYSTEMS with comments, questions, suggestions, ideas or the like relating to this publication and ALHASAN SYSTEMS other services and products, you agree that such information shall be deemed as non-confidential and ALHASAN SYSTEMS shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information. For further explanation of these legal notices please contact [email protected]. ©2014 www.alhasan.com 2 NEWS HEADLINES DETAILS IHC directs PTI, PAT to ISLAMABAD: Justice Athar Minallah of the Islamabad High Court (IHC) on Monday directed the keep elderly, minors away Pakistan Tehreek-i-Insaf (PTI) and Pakistan Awami Tehreek (PAT) to keep the elderly people and from sit-ins minors away from the hazardous environment of sit-ins and also observed that prima facie the th permission granted to the protesters to protest in the Red Zone was unlawful. The bench was The News, 30 Sep, 2014 hearing the PTI’s petition against the imposition of Section 144 in the Islamabad Capital Territory (ICT) and a petition of the Aabpara Traders Association President Ajmal Baloch against the PAT sit-in. The bench observed that children and elderly people could not be exposed to the harmful environment at the sit-in venue and both the parties should remove them from the protest venue at least voluntarily. The legal counsel for the PAT argued that children were accompanying their parents.Justice Athar observed that the act of parents to bring their children to such a harmful environment was itself unlawful. “It is the court’s duty to protect the rights of minors, as there are laws for the protection of children through guardian courts; therefore, being a judge one cannot overlook this aspect at all,” the judge further observed. PTI MNA Asad Umar assured the court that he would do his best to comply with the court orders and would request the parents not to bring the minors to the sit-in.In the last hearing, the bench had asked lawyers from all the sides whether the prime minister and minister for interior were competent to grant permission for holding of protest or a district magistrate had the authority in this respect. The bench said if the prime minister and minister for interior were not competent, then under what pretext they announced on the media that they had allowed the protests on the Constitution Avenue. Justice Athar Minallah said if the prime minister and minister for interior unlawfully allowed the protesters, the cost the national exchequer suffered through all this may be imposed on them. The PTI and PAT also had to explain if they knew while protesting on the Constitution Avenue that the prime minister and minister for interior had no authority to permit the protests and they needed the permission of district magistrate. If it is proved, then the cost will that the national exchequer suffered will also be imposed on the PTI and PAT, the IHC bench said. The bench further observed that a protest no longer remained peaceful if its participants carried sticks and clubs in their hands.In Monday’s hearing, Justice Athar Minallah observed that prima facie the permission granted to the parties for staging the sit-ins in the Red Zone was unlawful. The district magistrate was the authorised person to allow the protest in the Red Zone but he categorically denied giving any such permission, the judge added. The bench further observed that as per the media record, the interior minister, on the advice of the prime minister, allowed the protesters and the court had to look into the question if the prime minister or any other minister was competent to grant such permission without involving the district magistracy. The bench observed if it was proved that the permission granted to the protesters for holding the sit-in in the Red Zone was illegal, then the prime minister will have to bear the cost.The court has also appointed Babar Sattar, Ijaz Sandhu and Saad Rasool amicus curie (friends or assistants of the court) with an addition of Yousaf Khosa on the last date of hearing. Advocate Babar Sattar argued that the prime minister and federal ministers should be asked whether or not they permitted any protest. The court cannot deal with a question that is political in nature, he also said. Advocate Yousaf Khosa argued that the court has also to examine whether the issues raised in the petition of the Aabpara traders needed a judicial forum.The bench observed that political questions should have been put before parliament but the court had to protect the fundamental rights of citizens. The judge pointed out that the Article 16 of the Constitution says, “Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.” He added as per the said article, the right of assembly was not the absolute right as it entailed certain restrictions to protect the rights of other citizens.The bench also directed the police to submit a report on the use of force since the marchers arrived in the federal capital. FIR registered against PM, ISLAMABAD: An FIR was registered against Prime Minister Nawaz Sharif and 11 others on 10 others over death of PTI Monday on charges of murder, attempt to murder and terrorism over the alleged killing of three protesters Pakistan Tehreek-e-Insaf (PTI) workers, Express News reported. PTI had filed a petition in th a district and session’s court for the registration of the FIR against the PM and 10 others after three Express Tribune,29 Sep, 2014 PTI protesters were killed during clashes between the police and protesters in Islamabad on August 31. On September 27, an additional session’s judge ordered the Secretariat police to register a case against the PM and 10 others while disposing of the petition filed by PTI. The FIR, whose number is 221/14, includes sections 302, 324, 109 of the Pakistan Penal Code as well as Section 7 of the Anti-Terrorism Act, and has been registered in the Secretariat police station — thereby charging the people included with acts of terrorism and murder. Aside from the prime minister, the FIR has also been registered against Interior Minister Chaudhry Nisar, Punjab Chief Minister Shahbaz Sharif, and Minister for Railways Khawaja Saad Rafique and Defence Minister Khawaja Asif. The order has been issued by the Additional District and Sessions Court ©2014 www.alhasan.com 3 Judge Shahrukh Arjumand. This is the second FIR that has been lodged against the premier and other cabinet members. The first one was registered on August 29 by the Pakistan Awami Tehreek (PAT) — for the Model Town incident — as ordered by the Lahore High Court (LHC). Court orders FIR against ISLAMABAD: An additional sessions judge on Saturday ordered the Secretariat police to register a PM, 10 others case against Prime Minister Nawaz Sharif and 10 others while disposing of a petition filed by the Pakistan Tehreek-e-Insaf (PTI) over the alleged killing of three political activists on August 30. The The News 28th Sep, 2014 , PTI had approached the Secretariat Police Station to register a First Information Report (FIR) on the matter against Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif, Interior Minister Chaudhry Nisar, Defence Minister Khawaja Asif, Railways Minister Saad Rafique, Islamabad IG, deputy commissioner, IG Railways and three others over the incidents of August 30 that led to the deaths of three people during the protests by the PTI and Pakistan Awami Tehreek (PAT) in the federal capital. The PTI had filed the request days after the August 30 violence but following the police’s failure to register a case, the party approached the sessions court under clause 22-A of the Criminal Procedure Code (CrPC) for redress. Additional Sessions Judge Shahrukh Arjumand issued the order, directing the police to register the FIR against the prime minister and others.
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