DOCSLIB.ORG

Peshawar High Court, Peshawar Judicial

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Peshawar High Court, Peshawar Judicial JUDGMENT SHEET PESHAWAR HIGH COURT, PESHAWAR JUDICIAL DEPARTMENT Cr.Misc.(COC)No.313/2014 in Cr.R.No.87/2013 JUDGMENT Date of hearing……………..29-12-2014....………… Petitioner Mr. Shahid Orakzai, in person…………. Respondent(s)(Mian Muhammad Nawaz Sharif (Prime Minister of Pakistan) and Mazhar Alam Khan Miankhel, Chief Justice, Peshawar High Court, Peshawar)..By Mr. Abdul Latif Yousafzai, Advocte-Geheral, Khyber Pakhtunkhwa, and Barrister Waqar Ahmed Khan, Friend of the Court. YAHYA AFRIDI,J.- Mr. Shahid Orakzai has, through the instant Cr.Misc.(COC) No.313/2014, moved this Court seeking to convict Muhammad Nawaz Sharif, the Prime Minister of Islamic Republic of Pakistan and Mr.Justice Mazhar Alam Khan Miankhel, the Chief Justice, Peshawar High Court, Peshawar, for contempt of Court. 2. The brief and essential facts, leading to filing of the instant petition, are that the present petitioner had earlier moved Cr.R.No.87/2013 (Shahid Orakzai..Vs..Bahader Khan ), against the order of the Worthy Additional Sessions Judge-V, Kohat dated 2 2.7.2013 (“Criminal Revision Petition”) , wherein it was observed that: “By applying this touch stone it would transpire that Mr.Shahid Orakzai has no locus standi to appear on behalf of the complainant. He is not even included in the definition of legal heirs given at section 305 Cr.P.C. In presence of the widow and issues of the deceased. Therefore, the application so moved by him cannot be considered as being part and parcel of the judicial record. In these circumstances, henceforth Mr.Shahid Orakzai cannot appear on behalf of the complainant.” 3. In order to appreciate the alleged contempt agitated in the instant petition, it would be appropriate to enumerate the sequence of events as they unfolded during the proceedings in the Criminal Revision Petition. The same are as follows:- 22.7.2013. Hon’ble Mr.Justice Qaiser Rashid first heard the petition and passed the following order:- “Notice be issued to the learned Advocate General, Khyber Pakhtunkhwa, Peshawar to assist this Court on the legal issues raised by the petitioner in the instant revision petition. The office is directed to fix the petition in the 3 rd week of August, 2013.” 15.8.2013. Hon’ble Mr.Justice Ikramullah Khan made the following observations:- “As I remained associated in this case in capacity of AAG of Khyber Pakhtunkhwa before the Hon’ble Supreme Court of Pakistan, therefore, this case may not be fixed before this Bench. As the respondent has not been summoned in this case. Propriety demands that respondent/accused may also be given notice of this petition alongwith legal heir of the deceased Major Khalid Saeed Orakzai on the given address. Adjourned to a date to be fixed by the office.” 3 30.9.2013. Hon’ble Mr.Justice Yahya Afridi after hearing the submissions of the parties observed:- “Before this Court proceeds with this case, it would be appropriate that respondent No.1 be served through Supdt: Bannu Jail for 7.10.2013.” Muhammad, son of deceased Major Khalid Saeed Orakzai, present in Court, states that he represents his mother, brother and sister and would request that they should not be served with any notice in the present case, as they did not want to associate in any manner with the case in hand. Office is directed to ensure that no notices are sent to, (1) Mst.Zahida Rasoon, (Wife), (2) Muhammad (Son), (3) Major Yasoo Maseehullah (son) and (4) Mst.Laila Khalid (daughter), of deceased Major Khalid Saeed Orakzai. Muhammad, produced some documents in Court, which have been placed on file. However, the learned counsel for the petitioner is advised to ensure that the certified copies of all relevant documents, which he intends to refer in the present petition, be annexed with the petition before the next date of hearing. This Court, at this stage, is not going to call the record, as it has been stated by the worthy Court of Sessions to be an old case.” 7.10.2013. Ms.Justice Musarrat Hilali adjourned the case on the ground: “Latter wants time to file power of attorney on the next date. Allowed. Adjourned to 21.10.2013. 21.10.2013. Hon’ble Mr.Justice Asadullah Chamkani observed: “Despite date by Court, the petitioner and respondent No.1 are not in attendance. Office is directed to issue fresh notice to them for a date in office.” 29.11.2013, 2.12.2013. Hon’ble Mr.Justice Yahya Afridi, adjourned the case. 4 16.12.2013. Hon’ble Mr.Justice Yahya Afridi, adjourned the case: “Learned counsel for the respondent seeks adjournment, which is resisted by the petitioner. Let it be the last chance. Adjourned to 20.1.2014.” 20.1.2014. Hon’ble Mr.Justice Roohul Amin passed the following order:- “Former states that this case has been heard partly by his lordship Mr.Justice Yahya Afridi, therefore, be placed before the same Bench. Perusal of order sheets reveals that no doubt on various dates the case has been fixed before his lordship Mr.Justice Yahya Afridi, but no such order is available to show that it is a part heard case, however, the petitioner is insisting for adjournment. The other side has no objection. Adjourned to a date in office.” 24.2.2014. Hon’ble Mr.Justice Qaiser Rashid observed: “On the strike call of the KPK Bar Council, lawyers are not in attendance. However, the petitioner states that the present case was heard at length by his lordship Mr.Justice Yahya Khan Afridi, therefore, requests that it be placed before the same bench. Being so, the office is directed to place this petition before his lordship for hearing. Adjourned to a date in office.” 23.5.2014. Hon’ble Mr.Justice Yahya Afridi observed: “Let this case be heard by any Bench. Adjourned to 16.6.2014.” 16.6.2014. Hon’ble Mr.Justice Afsar Shah adjourned the case: “In view of the request made by the learned AAG, it is adjourned to a date in office. 1.9.2014. Hon’ble Mr.Justice Qaiser Rashid adjourned the Criminal Revision Petition to 5.9.2014 with the observations: “In view of the strike call given by the Pakistan Bar Council the learned counsel 5 for respondent No.1 is not in attendance. Adjourned to 05.09.2014 with directions to the office to ensure the service of the learned counsel for respondent No.1. 5.9.2014. Mr.Justice Mazhar Alam Miankhel, the Hon’ble Chief Justice, observed:- “Former (Shahid Orakzai), doesn’t want to argue this petition before this Bench. Adjourned to a date in office.” 8.9.2014. The instant Cr.Misc.(COC) No.313/2014, was filed, wherein Mr. Shahid Orakzai prayed that: “Therefore, in view of the above, the High Court may initiate contempt proceedings against the prime minister and the chief justice of the high Court.” 4. The worthy Chief Justice was pleased to mark the contempt petition before this single Bench for adjudication thereof. 5. On reviewing the contents of the instant contempt petition, this Court framed three legal issues, which warranted determination; (i) Whether after filing the instant petition, the informer, Mr.Mr. Shahid Orakzai, has any “locus standi” to pursue the instant petition. (ii) Whether a High Court can initiate any proceedings of contempt against another Judge of the same Court. (iii) Whether the assertions made in the instant petition constitute the offence of contempt as enumerated in Contempt of Court Ordinance 2003 and Article 204 of the Constitution of Islamic Republic of Pakistan, 1973, and if so , whether there is sufficient evidence to support the assertion so made in the petition. 6 6. Keeping in view the sensitivity and seriousness of the aforementioned issues, this Court deemed it pertinent to put the worthy Advocate- General Khyber Pakhtunkhwa and Barrister Waqar Ahmad Khan, to assist the Court, as friends of the Court . 7. Mr. Shahid Orakzai submitted his submission on the three legal queries, in writing, the particulars thereof were; that the petitioner is not an informer in the eyes of law, as he had not laid any information before the Court in terms of section-11 of the Contempt of Court Ordinance, 2003 (“Ordinance”); that he was a person connected with the proceedings, of the Criminal Revision Petition, wherein the alleged contempt had been committed; that as far as the proceedings against the worthy Chief Justice in contempt proceedings are concerned, he sought reliance upon Articles 195, 196, 200, ,206, 207 and 209, of the Constitution of Islamic Republic of Pakistan, 1973 , (“Constitution”), and contended that contempt proceedings can be initiated against all, including the worthy Chief Justice; and that finally, the main factual basis of the petitioner’s complaint was that 7 the very act of fixing the main Criminal Revision before the worthy Chief Justice, was on direction of the Prime Minister and intended for its dismissal and thereby resulted in diverting the course of justice and contempt of Court, as envisaged under section 6 of the Ordinance. 8. The worthy Advocate-General, Khyber Pakhtunkhwa, at the very outset, submitted that the Criminal Revision Petition was not maintainable, as the petitioner was not a ‘ Wali’, as envisaged under section 305 of Pakistan Penal Code, 1860, (“PPC”) ; that as far as the ‘locus standi’ of the petitioner to file the present petition, the learned Advocate- General emphasized that the petitioner was an informer of the alleged contempt to the Court, and, thereafter, was divested of any legal right to pursue the same; that after the information was rendered to the Court, it was between the Court and the contemnor; that in fact, the State through the Advocate-General was to prosecute the contemnor , in case, the Court was to proceed in contempt proceedings;
Load more

Recommended publications
  • NEWS and EVENTS News and Reports Amnesty Film Festival
    Member Center | Student Center NEWS AND EVENTS Home > News and Events > News and Reports News and Reports PAKISTAN Amnesty Film INSUFFICIENT PROTECTION OF WOMEN Festival government of Pakistan vigorously condemns the p Annual General 1. INTRODUCTION Meeting Regional For years, women in Pakistan have been severely disadvantaged and discriminated against. Conferences They have been denied the enjoyment of a whole range of rights - economic, social, civil and political rights and often deprivation in one of these areas has entailed discrimination in Leadership Summit another. Women who have been denied social rights including the right to education are also Local Events often denied the right to decide in matters relating to their marriage and divorce, are more easily abused in the family and community and are more likely to be deprived of the right to Nationwide Events legal redress. Often abuses are compounded; poor girls and women are trafficked and subject to forced marriage, forced prostitution or exploitative work situations such as bonded labour. In all of these situations they are likely to be mentally, physically and sexually abused, again without having the wherewithal to obtain justice.(1) Since publishing its 1999 report, Pakistan: Violence against women in the name of honour(2), Amnesty International has found that while few positive changes have taken place in the area of women's rights, the state in Pakistan still by and large fails to provide adequate protection for women against abuses in the custody of the state and in the family and the community. In fact, the number of victims of violence appears to rise.
    [Show full text]
  • Volunteering, Governance and Leadership
    Journal of Public Administration and Governance ISSN 2161-7104 2012, Vol. 2, No. 3 Federalism in Pakistan during Musharraf Regime Ghulam Ali Lecturer Government Degree College Chowk Azam (Layyah) M Phil Scholar, Department of Political Science, The Islamia University of Bahawalpur Prof. Dr. Razia Musarrat (Corresponding author) Chairperson, Department of Political Science, The Islamia University of Bahawalpur Email: [email protected] Muhammad Salman Azhar Department of Management Sciences The Islamia University of Bahawalpur Received:July 07, 2012 Accepted:September 25, 2012 DOI:10.5296/jpag.v2i3.3209 Abstract After eleven years of democratic rule Pakistan once again went under military regime when Pervaiz Musharraf imposed emergency in the state by ousting the then elected Prime Minister Mian Nawaz Sharif from his office and started ruling the country with the help of Military junta. This time military stepped in as an institution due to the wrong deeds of politicians. Pervaiz Musharraf declared himself Chief Executive of the state and tried to fulfill his own agenda. He amended the anti terrorism act to punish Nawaz Sharif. Basic pillar of federalism the judiciary remained under fire throughout his regime and Chief Justice of Pakistan was deposed from the office. Political activities and parties were banned. Powers were centralized in the name of devolution of powers. Constitution was abandoned and LFO was introduced to provide victory to the King’s party in an engineered elections. Musharraf jumped into war against terrorism and the whole country was facing bomb blasts and attacks of militants on official institutions of the state. Keywords: Federalism, constitution, election, terrorism, military 171 www.macrothink.org/jpag Journal of Public Administration and Governance ISSN 2161-7104 2012, Vol.
    [Show full text]
  • Syed Mansoor Ali Shah, J
    Stereo. H C J D A 38. Judgment Sheet IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT Case No: W.P. 5406/2011 Syed Riaz Ali Zaidi Versus Government of the Punjab, etc. JUDGMENT Dates of hearing: 20.01.2015, 21.01.2015, 09.02.2015 and 10.02.2015 Petitioner by: Mian Bilal Bashir assisted by Raja Tasawer Iqbal, Advocates for the petitioner. Respondents by: Mian Tariq Ahmed, Deputy Attorney General for Pakistan. Mr. Muhammad Hanif Khatana, Advocate General, Punjab. Mr. Anwaar Hussain, Assistant Advocate General, Punjab. Tariq Mirza, Deputy Secretary, Finance Department, Government of the Punjab, Lahore. Nadeem Riaz Malik, Section Officer, Finance Department, Government of the Punjab, Lahore. Amici Curiae: M/s Tanvir Ali Agha, former Auditor General of Pakistan and Waqqas Ahmad Mir, Advocate. Assisted by: M/s. Qaisar Abbas and Mohsin Mumtaz, Civil Judges/Research Officers, Lahore High Court Research Centre (LHCRC). “The judiciary should not be left in a position of seeking financial and administrative sanctions for either the provision of infrastructure, staff and facilities for the judges from the Executive and the State, which happens W.P. No.5406/2011 2 to be one of the largest litigants….autonomy is required for an independent and vibrant judiciary, to strengthen and improve the justice delivery system, for enforcing the rule of law1.” Syed Mansoor Ali Shah, J:- This case explores the constitutionalism of financial autonomy and budgetary independence of the superior judiciary on the touchstone of the ageless constitutional values of independence of judiciary and separation of powers. 2. Additional Registrar of this High Court has knocked at the constitutional jurisdiction of this Court, raising the question of non-compliance of the executive authority of the Federation by the Provincial Government, as the direction of the Prime Minister to the Provincial Government to enhance the allowances of the staff of the superior judiciary goes unheeded.
    [Show full text]
  • Mainstreaming Pakistan's Federally Administered Tribal Areas
    UNITED STATES INSTITUTE OF PEACE www.usip.org SPECIAL REPORT 2301 Constitution Ave., NW • Washington, DC 20037 • 202.457.1700 • fax 202.429.6063 ABOUT THE REPORT Imtiaz Ali This report concerns the evolving status of Pakistan’s Federally Administered Tribal Areas, a region that has been a hotbed of militancy and insurgency since 2002. Integrating this volatile region into mainstream Pakistan is vital to Pakistan’s peace and security and to overall regional stability. This report Mainstreaming Pakistan’s is based on in-country interviews with tribal and Pakistani government officials and research reports.The United States Institute of Peace (USIP) has been working in Pakistan on various peacebuilding initiatives. Federally Administered ABOUT THE AUTHOR Tribal Areas Imtiaz Ali is a writer and consultant whose work focuses on political, development, media, and security issues in Pakistan and adjoining areas. Formerly he reported for Pakistan-based Reform Initiatives and Roadblocks and other media organizations, including the Washington Post, BBC, and London’s Daily Telegraph. He was a Jennings Randolph Fellow at USIP in 2009–10. Summary • FATA—Pakistan’s Federally Administered Tribal Areas—is widely considered one of the most volatile regions in the world. • Pakistan inherited FATA’s “special status” from the British colonial empire in 1947, and the region is still ruled under the British-era Frontier Crimes Regulations, which differs significantly from the legal system that applies to the rest of the country. • In the wake of 9/11, FATA became a haven for militants of all hues and thus of major © 2018 by the United States Institute of Peace.
    [Show full text]
  • IN the SUPREME COURT of PAKISTAN (Original Jurisdiction)
    IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction). PRESENT: Mr. Justice Iftikhar Muhammad Chaudhry, CJ. Mr. Justice Javed Iqbal Mr. Justice Sardar Muhammad Raza Khan Mr. Justice Khalil-ur-Rehman Ramday Mr. Justice Mian Shakirullah Jan Mr. Justice Tassaduq Hussain Jillani Mr. Justice Nasir-ul-Mulk Mr. Justice Raja Fayyaz Ahmed Mr. Justice Ch. Ijaz Ahmed Mr. Justice Ghulam Rabbani Mr. Justice Sarmad Jalal Osmany Mr. Justice Muhammad Sair Ali Mr. Justice Mahmood Akhtar Shahid Siddiqui Mr. Justice Jawwad S. Khawaja. CONSTITUTION PETITION NO. 09 OF 2009 Sindh High Court Bar Association through its Secretary. ….PETITIONER CONSTITUTION PETITION NO. 08 OF 2009 Nadeem Ahmed Advocate ….PETITIONER VERSUS Federation of Pakistan through Secretary, Ministry of Law and Justice, Islamabad and others. ….RESPONDENTS For the petitioner: Mr. Hamid Khan, Sr. ASC. (Const.P.09/2009) Mr. Rashid A. Razvi, ASC. Mr. M. S. Khattak, AOR Assisted by M/s Waqar Rana, Waheed Khalid Khan & Haq Nawaz Talpur, Advocates. For the petitioner: Mr. Muhammad Akram Sheikh, Sr. ASC. (Const.P.08/2009) Assisted by Barristers Ms Natalya Kamal & Syed Shehryar, Advocates 2 For respondent No.1 Sardar Muhammad Latif Khan Khosa Attorney General for Pakistan. Agha Tariq Mehmood Khan, DAG Mr. Shah Khawar, DAG. Ch. Akhtar Ali, AOR. For respondent No.2. Mr. Muhammad Yousaf Leghari, A.G.Sindh. Raja Abdul Ghafoor, AOR. For respondent Nos.3 & 4. Nemo. Respondent No.5. Not represented. Dates of hearing: 20th to 24th and 27th to 31st July, 2009. JUDGEMENT IFTIKHAR MUHAMMAD CHAUDHRY, CJ.- The above Constitutional Petitions bearing Nos. 9 of 2009 and 8 of 2009 involve common questions of facts and law and are disposed of by this single judgment.
    [Show full text]
  • Downloads/Annual-Report-2014.Pdf Corruption Perception Survey 2011
    U4 Expert Answer Pakistan: Overview of corruption and anti-­corruption efforts Query Please provide an overview of corruption, including the sectors/areas of government which have the highest corruption risks, and anti-corruption efforts in Pakistan. Purpose Summary Preparation for an upcoming in-­country workshop Pakistan has regularly featured near the bottom of in Pakistan. international indices for corruption. Despite relatively strong egislation l , the country is currently lack ing in key areas,in particular Content regarding whistleblower protection and freedom of 1. Overview of corruption in Pakistan information. There is also a large gap between the legislative framework and the implementation, 2. Governance structure and anti-­corruption with a poorly funded policeforce and an anti -­ efforts in Pakistan corruption agency struggling with a lack of 3. References competent staff. The newly democratically elected government has pledged to make fighting corruption one of its priorities. Recent anti-­corruption efforts have included setting up new regional offices for the national anti-­corruption agency and proposing draft laws on whistleblowing in government departments. However, political interference in public institutions prevents independent and effective investigations into corruption. There is little indication of a firm political will to address and challenge undue influence across the public sector. Author(s): Ben Wheatland, Transparency International, bwheatland @transparency.org Reviewed by: Saad Rashid, Transparency International Pakistan, Marie Chêne, Transparency International Date: 2 9 June 2015 Number: 2015:15 U4 is a resource centre for development practitioners who wish to effectively address corruption challenges in their work. Expert Answers are produced by the U4 Helpdesk – operated by Transparency International– as quick responses to operational and policy questions from U4 Partner Agency staff.
    [Show full text]
  • Legal and Theoretical Foundation of the Qisas and Diyat Law in Pakistan
    CHAPTER TWO LEGAL AND THEORETICAL FOUNDATION OF THE QISAS AND DIYAT LAW IN PAKISTAN Introduction Intriguingly, the foundation of the new law of murder and culpable homicide, allegedly based on the Sharia principles of qisas and diyat, was not laid in the Legislative Assembly of Pakistan. Instead, from 1980 to 1989 the law was pondered over, discussed, dissented, weighed and finally approved by judges of the Shariat courts, on whose insistence it was ordained by the State in 1990. It was only enacted by the Parlia- ment in 1997.1 The Islamic law of murder and homicide, i.e., the law of qisas and diyat, was initially discussed in the Shariat Bench of the Peshawar High Court in the case of Gul Hassan Khan v. the Govern- ment of Pakistan.2 This was the first case wherein the court held that the penalties prescribed in chapter XVI of the Pakistan Penal Code (henceforth ‘PPC’) with respect to offences against the human body (in particular, under section 302 of the code) are un-Islamic inasmuch as such offences were not made excusable by pardon or on the payment of ‘diyat’; a non-pubert can be subjected to ‘qisas’.3 The Islamic and secular versions of the two laws of murder and homicide were reviewed by the Federal Shariat Court (henceforth FSC) of Pakistan in the case of Mohammad Riaz etc. v. The Federal Govern- ment of Pakistan.4 In a majority judgment, the Full Bench reiterated the decision rendered in Gul Hassan’s case and further explicated the reasons as to why the law contained in the PPC pertaining to homicide, murder and bodily injuries was against the injunctions of Islam.
    [Show full text]
  • "***Jrji?W,,,Forregistrar ('T'lt't''
    Pesxawln Hrex Counr. Pesxnwan NOTIFICATION Dated Peshawar the 14th June, 2021 Ir{o. tgi-.I Hon'ble the Chief Justice & Judges of this Court are pleased to notify that the Peshawar High court, Peshawar and its Benches shall remain closed for civil business on account of summer vacations with efFect from os.07.20 2l to 04.09.2021. During vacations, cases, appeals, petitions etc shall be received, from such person as may chose to present them, daily except Sundays and public holidays, at the principal seat as well as at Benches. By order of Hon'ble tfle Chief lu$i@ & Judges ADDITIONAL (ADMN) FORREGISTRAR rndst : No. _4.[!r_dij__ / admn : Dated Pesh the - L].lg.6-lzozr Copy forwarded to: - 1 The Registrar, Supreme Court of Pakistan, Islamabad. 2 The Registrars of Lahore, Sindh, Baluchistan & Islamabad High Courts. 3 The Secretary, Government of Pakistan, Law, Justice & Human Rights Division, Islamabad. 4. The Advocate General, Khyber Pakhtunkhwa, Peshawar. 5. The Chief Secretary, Government of Khyber Pakhtunkhwa, Peshawar. 5. The Secretary, Govt. of Khyber Pakhtunkhwa, Law Department, Peshawar. 7. The Secretary, Govt. of Khyber Pakhtunkhwa, Home Department, Peshawar. L All the Principal Officers in Peshawar High Court, Peshawar. 9. All the Directors in SJD. Peshawar High Court, Peshawar. 10. All the Additional Registrars of Peshawar High Court Benches. 11. All the District & Sessions Judges/Zilla Qazis in the Khyber Pakhtunkhwa, for circulation amongst all the Courts within their respective districts. 12. All the Judicial Officers (Ex-Cadre) in the Khyber Pakhtunkhwa. 13. The Deputy Attorney General for Pakistan at Peshawar. 74. The SCS to Hon'ble Chief Justice, Peshawar High Court, Peshawar.
    [Show full text]
  • [Judicial Department]
    1 IN THE PESHAWAR HIGH COURT, PESHAWAR, [Judicial Department]. Writ Petition No.1584-P/2020 Zarak Arif Shah, Advocate High Court, Peshawar. Petitioner (s) VERSUS The Government of Khyber Pakhtunkhwa, through Chief Secretary Government of Khyber Pakhtunkhwa, Civil Secretariat, Peshawar and others. Respondent (s) For Petitioner :- Mr. Ali Gohar Durrani, Advocate. For Respondents :- Mr. Shumail Ahmad Butt, Advocate General Khyber Pakhtunkhwa. Date of hearing: 06.05.2020 JUDGMENT ROOH-UL-AMIN KHAN, J:- Through the instant constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (“the Constitution”), Zarak Arif Shah, the worthy Advocate, Peshawar High Court Peshawar, the petitioner, seeks issuance of the following writ:- “That insertion of sub-section (4) in section 22 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 (Act No.XXXI of 2019), made through Khyber Pakhtunkhwa Control of Narcotic Substances (Amendment) Ordinance 2020 (Ordinance No.II of 2020), being based on malice, against the 2 Constitution and independence of Judiciary, be declared as ultra vires, therefore, be struck down. Any other relief deemed appropriate in the circumstances of the case, may also be granted in favour of the petitioner, if not specifically asked”. 2. Petitioner is a practicing lawyer by profession. In the writ petition he asserts that initially the control of narcotic substances, narcotic drugs, psychotropic substances, and control substances and the production, procession, trafficking and transportation of such drugs and substances and for matters ancillary thereto, were regulated by a Federal law, namely, the Control of Narcotics Substances Act, 1997 (“the Act of 1997”), applicable across the country.
    [Show full text]
  • Demands for Grants for 2019–20
    DEMANDS FOR GRANTS DEVELOPMENTAL EXPENDITURE FOR 2019–20 VOL-III (PART-K) GOVERNMENT OF KHYBER PAKHTUNKHWA FINANCE DEPARTMENT REFERENCE TO PAGES DFG PART- K GRANT # GRANT NAME PAGE # - SUMMARY 01 – 22 50 DEVELOPMENT 23 – 184 51 RURAL AND URBAN DEVELOPMENT 185 – 230 52 PUBLIC HEALTH ENGINEERING 231 – 247 53 EDUCATION AND TRAINING 248 – 296 54 HEALTH SERVICES 297 – 344 55 CONSTRUCTION OF IRRIGATION 345 – 400 CONSTRUCTION OF ROADS, 56 401 – 479 HIGHWAYS AND BRIDGES 57 SPECIAL PROGRAMME 480 – 490 58 DISTRICT PROGRAMME 491 – 492 59 FOREIGN AIDED PROJECTS 493 – 531 ( i ) GENERAL ABSTRACT OF DISBURSEMENT BUDGET REVISED BUDGET DEMAND MAJOR HEADS ESTIMATES ESTIMATES ESTIMATES NO. 2018-19 2018-19 2019-20 50 DEVELOPMENT 23,464,000,000 22,753,820,000 26,445,000,000 RURAL AND URBAN 51 16,505,000,000 15,802,032,000 30,436,000,000 DEVELOPMENT PUBLIC HEALTH 52 3,327,000,000 3,350,000,000 3,799,000,000 ENGINEERING EDUCATION AND 53 13,152,000,000 14,170,942,000 15,455,000,000 TRAINING 54 HEALTH SERVICES 7,966,000,000 7,548,686,000 10,245,000,000 CONSTRUCTION OF 55 5,937,000,000 8,624,983,000 10,350,000,000 IRRIGATION CONSTRUCTION OF 56 ROADS, HIGHWAYS 9,204,000,000 16,066,931,000 11,270,000,000 AND BRIDGES SPECIAL 57 - 3,498,219,000 - PROGRAMME DISTRICT 58 29,345,000,000 29,345,000,000 46,000,000,000 PROGRAMME FOREIGN AIDED 59 71,100,000,000 54,438,945,000 82,000,000,000 PROJECTS TOTAL 180,000,000,000 175,599,558,000 236,000,000,000 NEWLY MERGED 60 - - 83,000,000,000 AREAS GRAND TOTAL 180,000,000,000 175,599,558,000 319,000,000,000 ( ia ) GENERAL ABSTRACT OF DISBURSEMENT BUDGET REVISED BUDGET DEMAND MAJOR HEADS ESTIMATES ESTIMATES ESTIMATES NO.
    [Show full text]
  • Table of Contents
    TABLE OF CONTENTS 1. Introduction p. 1 2. The jirga or faislo system p. 7 3. Tribal justice and the state p.18 4. Tribal justice and the official judiciary p.24 5. Principles of tribal justice and official criminal law p.27 6. Tribal justice and gender inequality p.31 7. Reforming or replacing tribal justice? P.32 8. Amnesty International’s concerns and recommendations p.34 PAKISTAN The tribal justice system “The speed with which the jirga system is expanding makes the need for strengthening the justice system all the more pressing”, The State of Human Rights in 2001, Human Rights Commission of Pakistan, 2002. Introduction On 22 June 2002, a tribal council of elders ‘sentenced’ Mukhtaran Bibi, a 30-year-old woman of the Gujjar tribe in village Meerwala, district Muzaffargarh, Punjab province, to being gang raped in ‘punishment’ for her younger brother’s alleged ‘illicit affair’ with a girl from another tribe, the Mastoi, considered higher in the tribal hierarchy. Following a public outcry, the Governor of Punjab, Lieutenant General (retrd.) Khalid Maqbool Ahmed, set up an official enquiry which confirmed assertions made earlier by Mukhtaran Bibi: that the story of the ‘illicit affair’ was itself concocted to cover up another earlier sexual abuse. Three men of the Mastoi tribe were found to have sodomized Shakoor, Mukhtaran Bibi’s 12-year-old brother. When Shakoor threatened to tell his family about the rape - which a later medical examination confirmed - the tribesmen handed him over to the local police station where at least some police officers apparently knew about the antecedents but detained the boy.
    [Show full text]
  • Pakistan Page 1 of 45
    Pakistan Page 1 of 45 Pakistan Country Reports on Human Rights Practices - 2001 Released by the Bureau of Democracy, Human Rights, and Labor March 4, 2002 In October 1999, the elected civilian Government of former Prime Minister Mian Nawaz Sharif was overthrown in a bloodless coup led by Army Chief of Staff General Pervez Musharraf. In consultation with senior military commanders, General Musharraf designated himself Chief Executive, and suspended the Constitution, the Parliament, and the national and provincial assemblies. The office of the President, which mainly is ceremonial, was retained. In 1999 General Musharraf appointed an advisory National Security Council, which included military and civilian advisers, a civilian cabinet, and new governors to all four provinces. The government bureaucracy continued to function; however, at all levels the functioning of the Government after the coup was "monitored" by military commanders. On June 20, General Musharraf was sworn in as the country's President, after the Provisional Constitutional Order (PCO) was amended (the PCO functions in place of the country's suspended Constitution). In 2000 the Supreme Court ruled that the Musharraf Government was constitutional and imposed a 3-year deadline--starting from October 12, 1999--to complete a transition to democratic, civilian rule. Between December 31, 2000, and August 2, local elections were held in five phases on a nonparty basis; on August 14, the Government announced that elections on the national and provincial level are scheduled to take place between October 1 and 11, 2002. The Government subsequently confirmed that political parties are to be permitted to participate. However, President Musharraf announced on several occasions that he intends to remain in office after the elections are held.
    [Show full text]