SC FULL COURT UPHOLDS LAW CLIPPING CJP’S SUO MOTU POWERS In partnership with
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thursday, 12 October, 2023 I 25 rabi ul awal, 1445
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Majority of 10 members declare SC Practice and Procedure Act 2023 as Constitutional
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Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Ali Naqvi, Justice Ayesha Malik and Justice Shahid Waheed write dissenting note
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ISLAMABAD
Staff repOrt
HE Supreme Court, in a full court session on Wednesday, ruled that the SC (Practice & Procedure) Act, 2023 — which requires a committee of senior judges to form benches for constitutional matters and suo motu notices — was “sustained as being constitutional” and rejected petitions against the law in a majority verdict. Reading the reserved verdict, Chief Justice of Pakistan (CJP) Qazi Faez Isa said that “a majority of 10-5 (Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Ali Akbar Naqvi, Justice Ayesha A. Malik and Justice Shahid Waheed dissenting), the SC Practice and Procedure Act 2023 is sustained
as being in accordance with the Constitution of the Islamic Republic of Pakistan and to this extent, the petitions are dismissed”. “By majority of 9-6 (Justice Ahsan, Justice Akhtar, Justice Afridi, Justice Naqvi, Justice Ayesha and Justice Waheed dissenting) sub-section 1 of Section 5 of the Act (granting a right of appeal prospectively) is declared to be in accordance with the Constitution and to this extent, the petitions are dismissed,” he ruled. Sub-section 1 of Section 5 of the Act says: “An appeal shall lie within thirty days from an order of a bench of the Supreme Court who exercised jurisdiction under clause (3) of Article 184 of the Constitution to a larger bench of the Supreme Court and such appeal shall, for hearing, be fixed within a period not exceeding fourteen days”. “By a majority of 8-7 (CJP Isa, Justice
Section 5 of Act (granting right of appeal retrospectively) is declared to be ultra vires to Constitution
Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Musarrat Hilali dissenting) sub-section (2) of Section 5 of the Act (granting a right of appeal retrospectively) is declared to be ultra vires the Constitution and to this extent the petitions are allowed,” the verdict added. Sub-section (2) of Section 5 of the practice and procedure law says: “The right of appeal under sub-section (1) shall also be available to an aggrieved person against whom an order has been made under clause (3) of Article 184 of the Constitution, prior to the commencement of this Act.” The practice and procedure law, which was passed by Parliament in April, states that a three-member bench, comprising the CJP and the two senior-most judges of the apex court, will decide whether or not to take up a matter suo motu. Previously, this was solely the prerogative of the CJP. Additionally, it adds to the review jurisdiction of the Supreme Court, giving the right to file an appeal within 30 days of the judgement in suo motu cases. The law was seen by the petitioners as an attempt by the government to curtail the chief justice’s powers. In April, the Supreme Court, then led by former chief justice Umar Ata Bandial, barred the government from implementing the law until the petitions challenging it were decided. The decision was taken by an eightmember bench consisting ex-CJP Bandial, Justice Ahsan, Justice Akhtar, Justice Sayyed
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PML-N, PPP and PTI hail SC verdict as to ‘democratises’ apex court’s workings ISLAMABAD
Staff repOrt
Political parties, including Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party (PPP), and Pakistan Tehreek-i-Insaf (PTI), have welcomed the Supreme Court’s (SC) verdict on the SC (Practice & Procedure) Act, 2023, saying that the decision not only enhances transparency but also democratises the apex court’s workings. The SC’s full court — comprising all 15 judges — sustained the Supreme Court (Practice and Procedure) Act 2023, which deals with the chief justice’s powers, as “constitutional” with a 10-5 majority. The verdict acknowledges the parliament’s right to legislation under Article 191, which states that the SC rules are subject to the Constitution. Terming today’s verdict as a “welcome step” PML-N President Shehbaz Sharif said that the development reflects’s judiciary’s respect for the parliament. “The Supreme Court’s verdict regarding the Practice and Procedure Act 2023 is a welcome step. It not only democratizes the workings of the Supreme Court itself but also shows due respect to the Parliament, which represents the people of Pakistan,” the former Punjab chief minister said on X. However, Shehbaz — addressing the possible effect of the verdict on party supremo Nawaz Sharif — said: “It is important to mention that, according to legal experts, the specific clause under discussion concerning appeals against past judgments does not affect Mian Nawaz Sharif.” Meanwhile, PPP senator Sherry Rehman termed the decision as an “important step for parliament’s supremacy”.
CONTINUED ON PAGE 03 Naqvi, Justice Mohammad Ali Mazhar, Justice Ayesha, Justice Syed Hasan Azhar Rizvi and Justice Waheed. A day after he was sworn in, on September 19, incumbent CJP Qazi Faez Isa resumed hearing the petitions with a full court and ordered live-streaming of the entire proceedings. Today’s judgment comes after five proceedings were conducted on the matter. At the previous hearing, an exchange between judges and counsel hinted at the disquiet among judges over the court’s workings. THE HEARING At the outset of the hearing today, Attorney General for Pakistan (AGP) Mansoor Usman Awan presented his submissions. He said his arguments would be based on the
No possibility of delay in polls, says PM Kakar g
Says cypher is state’s property, exposing it for other than prescribed purpose unjustified
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ISLAMABAD
Asked if Nawaz Sharif was victimised, PM said questions were raised about judicial interventions
Staff repOrt
Caretaker Prime Minister Anwaar-ul-Haq Kakar on Wednesday ruled out the possibility of any delay in general elections, saying that the polls would be announced and conducted on time. “I don’t see any possibility (of delay in elections). I don’t have any confusion at all. I feel the elections will be announced and conducted on time,” the prime minister said in an interview with a private television channel. Commenting to the cypher case against former premier Imran Khan, Kakar said cypher was state’s property, and exposing it for other than the prescribed usage was unjustified, though the court has yet to ascertain its illegality. The prime minister said in the 2013 and 2018 elections, he had voted for PTI to seek solutions for the country’s issues like infrastructure, economy, foreign policy and branding of Pakistan, not for attacking the GHQ. Reiterating his government’s resolve to hold free and fair elections, he said all the registered political parties
had legal and constitutional rights to canvass, mobilise people and attract public support. However, he said the government would not be responsible if someone was legally barred from the political process. To a question, he emphasized effective law enforcement saying that his gov-
NAB gets new deputy chairman, prosecutor general g
Sohail Nasir appointed Dy Chairman NAB ISLAMABAD
Staff repOrt
National Accountability Bureau (NAB) on Wednesday got new Deputy Chairman and Prosecutor General (PG) as both appointments were made the same day. Former judge Lahore High Court (LHC), Sohail Nasir has been appointed as Deputy Chairman while Syed Ihtesham Qadir Shah has been appointed Prosecutor General of the National Accountability Bureau (NAB). The Ministry of Law and Justice issued a formal notification to this effect here Wednesday. Meanwhile, Advocate Syed Ihtesham Qadir Shah has been appointed as the prosecutor general of the National Accountability Bureau (NAB) for the next three years. A notification issued in this regard stated that the federal government appointed the lawyer as per the NAB chairman’s recommendation. Having a career spanning over three decades, Shah as an advocate has broad experience in criminal and allied matters, including financial crimes. He was enrolled as an advocate at a high court in 1982, to be later upgraded to an advocate of the Supreme Court in 1991. In the year 2007, he was appointed as a senior prosecutor for the Anti-Narcotics Force and later elevated as a judge of Lahore High Court in 2009. Besides that, Shah has also worked as a regional prosecutor general under the Protection of Pakistan Act, of 2014, and as Punjab prosecutor general from 2014 to 2019. He also contributed to justice by providing complete assistance to special military courts for the conviction and sentence of heinous cases of jet-black terrorists.
ernment, with the cooperation from military leadership, had implemented the existing laws to crack down the illegal currency businesses and hoarders. He also called for the capacity building of the civilian institutions for the implementation of the law. The prime minister said the estab-
lishment of the democratic system within the political parties was essential for democracy in the country. To a question, he said being a political player, he had interacted with all political leaders before assuming the office but never thought of joining any party, though being a citizen, he had the right to join a party or form his own. Rubbishing the allegations of the caretaker government’s tilt towards the PML-N, he said the political parties usually create such impressions before the elections with a view to attracting public support. Prime Minister Kakar appreciated the leadership qualities of Chief of Army Staff General Syed Asim Munir and said that Pakistan’s future was in capable and committed hands. To a question, Kakar said he was comfortable with the military leadership and that the caretaker government had the final say in the decision-making. Asked whether Nawaz Sharif was victimised, the prime minister said the questions were always raised about the judicial interventions as different parties had varying views on the respective subjects.
government’s written response submitted in court. “You are saying you not repeat the arguments but will highlight them,” the CJP said here, to which Awan stated that he would talk about the independence of the judiciary and Article 191 of the Constitution. Article 191 (Rules of procedure) states: “Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.” The AGP added that three questions were raised during the proceedings on the matter in discussion and he would respond to them. He said Article 191 did not take away the Parliament’s right to legislate.
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Pakistan, OIC reiterate support for Kashmiris’ right to self-determination ISLAMABAD
Staff repOrt
Foreign Secretary Muhammad Syrus Sajjad Qazi on Wednesday stated that the current Indian leadership is bent upon perpetuating Delhi’s occupation of Jammu and Kashmir, crushing “fundamental rights” of Kashmiri people. Addressing a press conference along with Organisation of Islamic Cooperation (OIC) Secretary General and Special Envoy on Jammu and Kashmir Yousef Aldobeay after a meeting here in Islamabad, Syrus Sajjad Qazi highlighted Indian excesses in Illegally Occupied Jammu and Kashmir, which have seen significantly rise under the Modi regime. “The curbs on the fundamental rights and freedoms of the Kashmiri people remain persistent,” said Jilani. “The total number of detained political activists and human rights defenders comes to around 4,000,” he said, adding that members of the Hurriyat leadership have been “incarcerated arbitrarily”. The dignitaries drew attention to the death penalty sought by the Indian authorities on Kashmiri leader Yasin Malik, who was awarded life imprisonment last year, and Shabbir Ahmed Shah as well as the increase in atrocities by the state since 2019. “India’s unilateral and illegal actions of August 5, 2019, have opened a new chapter of oppression. The ultimate aim of these steps is to convert the Kashmiri people into a disempowered minority in their own land,” said Syrus Sajjad Qazi, adding that the OIC has affirmed its resolute support to the Kashmiri people for their just struggle.
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Did Pakistan just record one of its biggest ever corporate real estate sales?
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Sale of Regent Plaza to SIUT would be biggest real estate purchase in Pakistan but only in terms of rupee PROFIT
Shahab Omer
One of the largest ever real estate transactions to take place in Pakistan’s listed, corporate sector is unfolding as the Sindh Institute of Urology and Transplantation (SIUT) is set to buy the once swanky and fashionable Regent Plaza in uptown Karachi. Valued at Rs 14.5 billion the transaction is the single largest real estate transaction in the country’s history in absolute rupee terms. In dollar terms the hotel is worth just over $52 million. While it is still among one of the biggest transactions in the country’s history, it will still not be the largest ever when it comes to how property valuations work.
THE BUYER AND THE SELLER The current transaction is taking place between SIUT and Pakistan Hotels Developers Limited (PHDL). The PHDL is a publicly listed company that owns and operates the Regent Plaza Hotel which has been a mainstay in Karachi for many decades. According to notifications posted on the PSX, the offer for Rs 14.5 billion has been extended in person through a letter sent on Tuesday the 10th of October. One of the largest healthcare organisations in Pakistan, the SIUT depends on donations for its mission to provide healthcare to Pakistanis at their many facilities across the Sindh province. While many charitable organisations run side businesses which become steady revenue streams for them to operate their
charitable activities, SIUT is reportedly thinking of a more direct use for the Regent Plaza. According to well placed sources the plaza is designed in a way that it can easily be converted into a hospital, which is what the institute plans on doing. READ MORE: Can the miracle called SIUT ever be replicated? The biggest property sale ever? In rupee terms this really will be the biggest transaction for listed real estate in Pakistan’s history. However, there have been other transactions in the country’s history that are bigger in real terms. Back in 2017, Habib Bank Ltd, paid Rs 14.4 billion for the new HBL Tower in Clifton Karachi They bought this form Mega and Forbes, the shipping conglomerate owned by the reclusive billionaire Habibullah
Khan. Back in 2017 however this transaction’s value in dollar terms was a whopping $137 million. When comparing the transactions of HBL and Regent Plaza, a slight price difference is noticeable in rupee terms. However, when evaluated in dollar terms, HBL’s deal is significantly larger, being approximately 62 percent higher than that of Regent Plaza. Another mega real estate transaction took place more recently in 2021 Bank Al Habib bought Centrepoint from TPL Properties for nearly $50 million. Companies regularly update property valuations in their financial statements so they reflect the current value of the property which increases their assets on their balance sheet. Going by their financial statements from that year, the rupee value of the building was listed at just over Rs 7 billion.
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