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CJ's NOC now mandatory for SC judges' travel
CJ's NOC now mandatory for SC judges' travel

Express Tribune

time4 days ago

  • Politics
  • Express Tribune

CJ's NOC now mandatory for SC judges' travel

Supreme Court judges are now required to obtain a No Objection Certificate (NOC) from the chief justice of Pakistan (CJP) prior to travelling abroad under newly issued regulations that have prompted concerns within the legal fraternity regarding judicial autonomy. The direction follows a recently promulgated Presidential Order by President Asif Ali Zardari — titled Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Order 2025 — through which paragraph 14 of the President's Order 2 of 1997 has been amended. According to the amended provision, the Chief Justice has been granted explicit authority to approve or deny leave, whether domestic or foreign, as well as revoke or curtail any previously approved leave for judges of the apex court. Following the presidential directive, the Supreme Court Registrar, Muhammad Salim Khan, issued a general standing order outlining Standard Operating Procedures (SOPs) that will now regulate judges' leave and travel. The issuance of these SOPs has raised eyebrows in the legal fraternity. Some lawyers suggest that the new framework appears aimed at controlling judges, particularly those who voice concerns about the judiciary at events held outside the country. "Travel restrictions per se do not conflict with judicial independence provided they are purely administrative, applied fairly and operate within the judiciary's internal framework, not under the executive control. In the instant case, the purpose seems to be supervisory, not administrative," former additional attorney general Tariq Mahmood Khokhar said. "It is potentially a tool for control and, or intimidation. Judicial independence means independence in decision-making, but judges' travel restrictions can violate independence if permission is used selectively or punitively or under executive interference," he added. Khokhar warned that the amendment lacks adequate safeguards against abuse.

FBR recovers Rs600bn as IHC vacates stay orders in 270 cases
FBR recovers Rs600bn as IHC vacates stay orders in 270 cases

Business Recorder

time10-06-2025

  • Business
  • Business Recorder

FBR recovers Rs600bn as IHC vacates stay orders in 270 cases

ISLAMABAD: In the last few months, the Islamabad High Court (IHC) has vacated stay orders in 270 tax-related cases that had incapacitated Federal Board of Revenue (FBR) to recover more than Rs600 billion. These 270 tax-related cases were pending in the IHC for over two decades. According to the details, three IHC division benches decided these tax-related matters. The division bench of Justice Mohammad Azam Khan and Justice Raja Inaam Ameen Minhas decided an overwhelming majority of 173 of tax cases involving Rs424bn. Another IHC bench comprising Justice Babar Sattar and Justice Sardar Ejaz Ishaq Khan cleared 94 cases in which over Rs150bn recoveries were stalled. A bench comprising acting IHC Chief Justice Sardar Mohammad Sarfraz Dogar and Justice Raja Inaam Ameen Minhas lifted the stay orders and decided three petitions that had in 2023 restrained the FBR to collect Rs36bn. A two-member division bench comprising Justice Mohammad Azam Khan and Justice Raja Inaam Ameen Minhas decided 125 cases related to Income Tax References, Sales Tax References and Foreign Exchange Regulations Act. The government's recoverable Rs290.51bn were stuck in 125 cases related to ITR. 36 STR cases involved recovery of Rs131.55bn while Rs3.16bn were recoverable in 12 cases related to FERA. In February this year the Prime Minister met with Chief Justice of Pakistan (CJP) Yahya Afridi to discuss the agenda of the upcoming meeting of the National Judicial Policy Making Committee. During the meeting, the Prime Minister requested the CJP for expeditious disposal of tax-related cases. The IMF Governance and Diagnostic Assessment teams visited Pakistan to examine the governance structure of several ministries related to fiscal policy, tax policy, corruption, procurement, audits, and anti-money laundering. The NJPMC also advised for swift disposal of the tax-related matters, in its meeting held in April, asking the high courts to constitute special benches for expeditious disposal of tax-related cases. Following NJPMC's advice and directions issued by the apex court in the tax matters, the IHC Judicial Registrar put up a note before the acting CJ for consolidation of all the matters. Copyright Business Recorder, 2025

Afridi leaves for Hajj: Justice Muneeb sworn in as acting CJP
Afridi leaves for Hajj: Justice Muneeb sworn in as acting CJP

Business Recorder

time31-05-2025

  • Politics
  • Business Recorder

Afridi leaves for Hajj: Justice Muneeb sworn in as acting CJP

ISLAMABAD: Justice Muneeb Akhtar was sworn in as the acting chief justice of Pakistan on Friday, following the departure of CJP Yahya Afridi for the annual Hajj pilgrimage Friday. The oath-taking ceremony was held at the Supreme Court in Islamabad, where Justice Jamal Khan Mandokhel administered the oath to Justice Akhtar. The event was attended by Supreme Court judges, senior lawyers, and officials from the Attorney General's Office. Justice Muneeb Akhtar, currently third in seniority among Supreme Court judges, will serve as the acting chief justice until June 6. Following this, Justice Mansoor Ali Shah is scheduled to assume the role of acting chief justice from June 6 to 10, during the continued absence of the chief justice. According to sources, CJP Yahya Afridi left for Hajj early Friday morning and is expected to return to Pakistan on June 10, which falls on the fourth day of Eid ul Azha. Copyright Business Recorder, 2025

CJP for timely and effective utilisation of funds released to HCs
CJP for timely and effective utilisation of funds released to HCs

Business Recorder

time30-05-2025

  • Business
  • Business Recorder

CJP for timely and effective utilisation of funds released to HCs

ISLAMABAD: Chief Justice of Pakistan (CJP) underscored the need for timely and effective utilisation of the funds released to respective High Courts. CJP Yahya Afridi, who is also the chairman Law and Justice Commission of Pakistan (LJCP), on Thursday, chaired 19th meeting of the Governing Body, Access to Justice Development Fund (AJDF) in the Conference Room of the Supreme Court of Pakistan. The CJs of all High Courts, secretary Ministry of Law and Justice, additional Secretary Finance Division and Secretary Law and Justice Commission of Pakistan attended the meeting. Justice Yahya appreciated the role of funds in capacity building and infrastructural development of the district judiciary throughout Pakistan. The Governing Body approved the suggestion floated by the High Courts for utilisation of the funds under Underdeveloped Regions (UDR) window exclusively for solarisation of courts and establishment of e-libraries for one year in the underdeveloped districts of the country. In addition, the projects of Lahore High Court for provision of missing facilities to female judicial officers and litigants in district courts were also approved. The apex body also approved mechanism for smooth and timely completion of projects funded from AJDF. The Governing Body approved the recommendations of the Technical Evaluation Committee, AJDF regarding projects undertaken through Legal Empowerment, Judicial and Legal Research and Legal Innovation Windows for timely completion. After deliberations, the apex body extended the purview of Free Legal Aid Committees to the High Courts by enhancing the lawyers' professional fee along with increase in funding limit to these Committees. Annual accounts and funds allocation for FY 2023-24 and budget for FY 2025-26 were also approved. Earlier, Syeda Tanzeela Sabahat, Secretary LJCP gave a brief overview of AJDF, its mandate and overall performance with regard to funds released under various AJDF windows specifically for infrastructure development and projects executed in Underdeveloped Regions to bring them at par with other areas of the country. She also updated about the provision of free legal aid to deserving litigants under District Legal Empowerment Committees (DLECs), provision of litigant-oriented conveniences and amenities, projects completed and trainings of justice sector stakeholders through Judicial Academies. Meanwhile, the CJP also presided over the 44th meeting of LJCP. He apprised the participants of a significant shift in the composition of the LJCP. He emphasised the need for regular meetings, wider publicity of the LJCP's mandate to solicit law reform proposals, and augmentation of research capabilities by engaging research associate alongside the existing team of researchers. Copyright Business Recorder, 2025

SC accelerates death penalty case disposals
SC accelerates death penalty case disposals

Express Tribune

time21-05-2025

  • Politics
  • Express Tribune

SC accelerates death penalty case disposals

While the performance of constitutional benches at the Supreme Court remains underwhelming, the top court under Chief Justice of Pakistan (CJP) Yahya Afridi has achieved unprecedented acceleration in disposing of criminal cases, particularly those involving death sentences. According to the SC statement, 238 death sentence appeals have been decided during CJP Afridi's tenure. When he assumed office, 59,435 cases were pending in the apex court, which then comprised 16 permanent and two ad hoc judges. As of May 20, the number of working judges has risen to 25, and the case pendency has been reduced to 56,715. Since October 28, 2024, the court has disposed of 238 death sentence appeals, over 52% of the 454 total cases. At the start of Afridi's tenure, 410 death sentence appeals were pending. With 44 new appeals instituted since then, the number rose to 454, but rapid fixation and disposal have brought it down to 216. By comparison, only 26 such appeals were resolved during the corresponding period a year earlier. The SC statement credits this turnaround to the CJP's strategic focus on long-pending cases and the extension of working hours to hear them. Three dedicated benches were constituted and worked on over several consecutive weeks. The first bench, headed by Justice Athar Minallah and comprising Justice Irfan Saadat Khan and Justice Malik Shahzad Ahmad Khan, is learnt to have decided 125 appeals in April alone. The second bench was led by Justice Muhammad Hashim Kakar, with Justice Ishtiaq Ibrahim and Justice Ali Baqar Najafi. The third bench, chaired by Justice Naeem Afghan, included Justice Salahuddin Panhwar and Justice Aamer Farooq. "The judges comprising these benches convened prolonged sittings, frequently extending beyond normal court working hours. The unwavering commitment of Hon'ble Judges has culminated in the huge disposal of all death appeals instituted up to 2024. The Court will now proceed as next phase to the cases of life-imprisonment appeals, preferential hearing such cases where the convict has already served two-thirds of the sentence—an approach designed to afford prompt relief to deserving appellants while reinforcing public confidence in the even-handed administration of criminal justice." The apex court acknowledged the cooperation of counsel, prosecutors, prison officials and families. "Their patience and professionalism resulted in this progress. Their combined commitment demonstrates that, with focused and collaborative resolve, the justice system can translate in commendable output," the statement said. Report on CBs demanded However, lawyers argue that it is essential to release a performance report on the constitutional benches (CBs), functioning after the 26th Constitutional Amendment. The judges serving on these CBs have yet to evolve any rules or procedures for their operation. Notably, even a CB judge, Justice Jamal Khan Mandokhail, has raised concerns about the absence of regulations. At the same time, the superior judiciary under CJP Afridi is confronting what many call its most significant challenge: executive influence over the nomination of CB judges and judicial appointments. Although CJP Afridi has prioritised the reduction of case pendency, he has so far been unable to devise a strategy to counter the executive's role in appointments. According to some legal observers, around 90% of judicial appointments are currently backed by executive authorities. Commenting on the performance of SC judges, Advocate Abdul Moiz Jaferii noted: "These are great numbers. But the only number that counts is the majority of the executive in the judicial commission.' 'It is with this number that the meaning of justice has been reduced in our country. There is no independent judicial organ. The challenge to this usurpation of a pillar of the state remains pending. Until the question of the sanctity of the constitution is settled, these numbers are meaningless." As for the performance of the constitutional bench, he added, 'As far as the constitutional bench is concerned, the less said the better'. 'We were told they were assembled to give us efficient and competent adjudication. After six months of doing almost nothing, we have only the military courts decision being overturned as proof of their mastery. Even that decision comes without any details yet afforded.' 'We are on our way to reviewing the reserved seats case without asking why the petitioner seeking review has decided not to implement it. With a bench which lacks the author judge and is headed by the author of a dissenting opinion which the majority had censured,' he added. 'When the lawyers of today tell their stories tomorrow, the period in which the 26th amendment was in vogue and these constitutional benches were functioning will be remembered as little more than a bad joke." Lawyers stress that the time has come for SC judges to unite in defence of judicial independence, instead of prioritising personal objectives.

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