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Express Tribune
13 hours ago
- Politics
- Express Tribune
CB upholds transfer of judges to IHC
In a majority verdict, a constitutional bench (CB) of the Supreme Court on Thursday upheld the transfer of three provincial high court judges to the Islamabad High Court (IHC), noting that these transfers could not be declared new appointments. However, the majority judges partially remanded the matter to the President of Pakistan to determine the seniority of the transferred judges after examining and vetting their service record "as soon as possible, including the question of whether the transfer is on a permanent or temporary basis". Two of the judges — Justice Naeem Akhtar Afghan and Justice Shakeel Ahmed — however, declared the notification for transfer of the judges "null, void and of no legal effect" in their minority order. On February 1, the Ministry of Law issued a notification for the transfer of Justice Sardar Muhammad Sarfraz Dogar, Justice Khadim Hussain Soomro and Justice Muhammad Asif — respectively from the Lahore High Court, the Sindh High Court and the Balochistan High Court — to the IHC. Following this transfer, endorsed by the president, the IHC issued a new seniority list, ranking Justice Dogar as the senior puisne judge. Five IHC judges filed representations against this seniority list. However, the then IHC chief justice, Aamer Farooq rejected these representations. After elevation of Justice Farooq to the Supreme Court, Justice Dogar was also elevated as the IHC acting chief justice. The IHC judges and some other petitioners including Imran Khan challenged the ministry's notification as well the new seniority list in the Supreme Court, whose five-member CB heard the matter. On Thursday, three members of the CBJustice Muhammad Ali Mazhar, Justice Shahid Bilal Hassan, and Justice Salahuddin Panhwar issued their short order, disposing of the petitions. The order noted that the powers of the president under Sub-article (1) of Article 200 of the Constitution for the transfer of a judge and the provisions contained under Article 175A for appointment of judges by the Judicial Commission of Pakistan (JCP) are two distinct provisions dealing with different situations. "Neither do they overlap nor override each other. The transfer of a judge by the President of Pakistan by means of Article 200 of the Constitution (permanently or temporarily) cannot be construed as a fresh appointment. "Furthermore, the powers of transfer conferred to the President by none other than the framers of the Constitution cannot be questioned on the anvil or ground that if the posts were vacant in the IHC, then why they were not filled up by JCP through fresh appointments. "One more important facet that cannot be lost sight of is that the transfer from one high court to another can only be made within the sanctioned strength, which can only be regarded as a mere transfer and does not amount to raising the sanctioned strength of a particular high court," it said. It noted that if it is presumed that all posts should be filled by the JCP alone through fresh appointments, then such interpretation or state of mind would not only go against the manifest intention of the framers of the Constitution but will also amount to negating or making redundant the substratum and existence of Article 200 of the Constitution. "The article is absolutely not dependent, concomitant, or at the mercy of Article 175A of the Constitution, but is an independent and standalone provision dealing with the transfer of judges of a High Court (permanently or temporarily) and not the appointment of judges, which assignment has been incontrovertibly conferred to the JCP autonomously in terms of Article 175A of the Constitution." The majority judges, however, partially remanded the matter to the president, without upsetting the notification of transfer, to determine the seniority after examining/vetting the service record of the transferred judges, including the question of whether the transfer is on a permanent or temporary basis. "Till such time that the seniority and nature of transfer (permanent or temporary) of the transferee judges is determined by the President of Pakistan by means of notification/order, Mr Justice Sardar Muhammad Sarfraz Dogar, already holding the office of Acting Chief Justice of the IHC, will continue to perform as the acting chief CJ," they added. The dissenting note Justice Naeem Akhtar Afghan and Justice Shakeel Ahmed disagreed with the majority order and declared the notification for transfer of the judge null and void. They stated that Clause (2) of Article 200 of the Constitution is subservient to Clause (1) of Article 200 of the Constitution and both are interconnected. "According to the Doctrine of Harmonious Construction, while interpreting Clause (1) and Clause (2) of Article 200, both the clauses have to be harmonized and, being consistent with each other, have to be read in conjunction with each other for giving effect to both without creating conflict or absurdity" "When Clause (1) and Clause (2) of Article 200 are read in conjunction with each other, it provides that when, in exercise of his discretion, the president transfers a judge from one high court to another, during the period for which he serves as a judge of the high court to which he is transferred, the judge so transferred is entitled to such allowances and privileges, in addition to his salary, as determined by the President." The order said the Attorney General for Pakistan conceded and categorically conveyed to the court on behalf of the Federation of Pakistan that the three Judges have been transferred on permanent basis. It said Clause (1) and Clause (2) of Article 200, read in conjunction with each other, do not provide for permanent transfer of a judge from one high court to another and it provides for transfer of a judge a period — on temporary basis. It said the permanent transfer of three judges to the IHC has been made in the wrong exercise of discretion under Clause (1) of Article 200 of the Constitution and has offended Article 175A of the Constitution, making it redundant. "The process for permanent transfer of three judges to the IHC is suffering from concealment of relevant and material facts from the transferee Judges, from the chief justices of the IHC, LHC, SHC, BHC and from the Hon'ble Chief Justice of Pakistan (CJP) "The process for permanent transfer of three judges to the IHC is also lacking meaningful, purposive and consensus oriented consultation with the chief justices of the IHC, LHC, SHC, BHC and Hon'ble CJP on all the relevant issues," it added. The minority order noted the intelligence agencies, including the ISI, have no role under the Constitution for appointment or transfer of Judges. "Being subordinate to the executive, the intelligence agencies, including the ISI, cannot override the executive, the judiciary, the constitutional bodies and the constitutional office holders," it added.
Hindustan Times
27-05-2025
- Entertainment
- Hindustan Times
Sidhu Moosewala is more than an artist, he is a movement: Rapper Emiway Bantai as he pays musical tribute to late singer
Ahead of the death anniversary of Punjabi singer Sidhu Moosewala, rapper Emiway Bantai paid a musical tribute to him. He came up with a special release titled Tribute to Sidhu Moosewala. (Also Read | Sidhu Moosewala's brother's first birthday bash sees former Punjab CM Charanjit Singh Channi in attendance. Watch) This emotional homage honours the legacy of the late Punjabi music icon, whose fearless voice and cultural influence continue to inspire artists and audiences worldwide. The track is a reimagining of Sidhu's iconic song Dogar. Talking about it, Emiway Bantai in a press note shared, 'Sidhu Moosewala is more than an artist--he's a movement. His voice, his message, and his spirit continue to inspire me and so many others every single day." A post shared by Emiway Bantai (@emiwaybantai) "Tribute to Sidhu Moosewala is my way of showing love and respect to someone who changed the game in his own way. Sidhu and I had actually spoken about collaborating. It was something we both wanted. This tribute is my way of making that dream a reality,' he added. Sidhu, 28, was shot dead on May 29, 2022, in Mansa. The Punjabi singer was shot at point-blank range and declared dead on arrival at the Mansa Civil Hospital. Sidhu joined Congress in 2021 and later contested the 2022 Punjab Legislative Assembly election. Prior to that, in 2018, he actively campaigned for his mother Charan Kaur, who won the sarpanch election from Moosa village in December of the same year.
Time of India
27-05-2025
- Entertainment
- Time of India
Rapper Emiway Bantai pays musical tribute to Sidhu Moosewala
Ahead of death anniversary of Punjabi singer Sidhu Moosewala , rapper Emiway Bantai paid a musical tribute to him. He came up with a special release titled "Tribute to Sidhu Moosewala". This emotional homage honours the legacy of the late Punjabi music icon, whose fearless voice and cultural influence continue to inspire artists and audiences worldwide. The track is a reimagining of Moosewala's iconic song "Dogar". Talking about it, Emiway Bantai in a press note shared, "Sidhu Moosewala is more than an artist--he's a movement. His voice, his message, and his spirit continue to inspire me and so many others every single day. 'Tribute to Sidhu Moosewala' is my way of showing love and respect to someone who changed the game in his own way. Sidhu and I had actually spoken about collaborating. It was something we both wanted. This tribute is my way of making that dream a reality. " Sidhu Moosewala, 28, was shot dead on May 29, 2022, in Mansa. The Punjabi singer was shot at point-blank range and declared dead on arrival at the Mansa Civil Hospital. Moosewala joined Congress in 2021 and later contested the 2022 Punjab Legislative Assembly election. Prior to that, in 2018, he actively campaigned for his mother Charan Kaur, who won the sarpanch election from Moosa village in December of the same year. Rapper-singer Drake launches T-shirts in memory of late Sidhu Moosewala, says 'We celebrate your life...' Check out our list of the latest Hindi , English , Tamil , Telugu , Malayalam , and Kannada movies . Don't miss our picks for the best Hindi movies , best Tamil movies, and best Telugu films .
Business Recorder
15-05-2025
- Business
- Business Recorder
Opposition in NA blocks govt's Income Tax bill
ISLAMABAD: The opposition in the National Assembly blocked the government's 'The Income Tax (Amendment) Bill, 2024' just a moment near the passage by pointing out the lack of quorum in the house. As Finance Minister Muhammad Aurangzeb moved a motion to table the bill to amend the Income Tax Ordinance, 2001 in the house for passage, the opposition members loudly raised the voice voting for 'No' to defeat the motion as compare to the voice voting for 'Yes'. Deputy Speaker National Assembly Ghulam Mustafa Shah who was presiding the house once again repeat for voice voting. In the voice voting, the opposition defeated the motion, now the Deputy Speaker asked for head counting of the members of the house in favour and of those against the motion. After the counting was done, there were 67 government members in the favour of the motion and 32 were against it. The motion was passed with a majority. Tax law: NA body says govt has bypassed Parliament After it, the Deputy Speaker took up the bill for clause by clause reading. There were only three clauses of the bill. The house passed the three clauses of the bill and now the finance minister stood for presenting the bill for passage but the opposition members sought floor of the house to speak on the bill. The deputy speaker gave the floor to Malik Amir Dogar of PTI to speak on the bill. Dogar said that the committee had agreed to focus the session on discussions about India-Pakistan tensions and national security, not legislation. Dogar opposed the bill and pointed out the quorum in the House. The Deputy Speaker asked for a count; the quorum of the house was not complete after the counting was done. The deputy speaker suspended the house till the completion of the quorum. After 15 minutes, the house met again but the speaker adjourned the house due to a lack of quorum. Copyright Business Recorder, 2025
The Guardian
29-04-2025
- Politics
- The Guardian
‘India can starve us': farmers in Pakistan decry suspension of crucial water treaty
In July 2023, Ali Haider Dogar was one of tens of thousands of farmers in central-eastern Pakistan whose crops were submerged after India released water from the Sutlej River into Pakistan in an attempt to mitigate flash floods in its own northern regions. Dogar, whose family's losses in 2023 ran to tens of thousands of pounds, said every farmer in his village in Punjab was fearing the worst in the comings months after India suspended the Indus waters treaty, following a deadly attack on tourists in India-administered Kashmir that India has pinned on Pakistan. Islamabad denies any involvement in the attack, in which 26 people were killed. As well as suspending the treaty, Delhi has suspended trade with Pakistan, summoned and expelled its diplomats, and suspended visas for Pakistanis. Pakistan has also suspended all trade with India and closed its airspace to Indian airlines. The Indus treaty governs the distribution and use of waters from the Indus River and its tributaries, which feed 80% of Pakistan's irrigated agriculture and its hydropower. Dogar said the its suspension had 'sent shivers down our spines'. 'We fear India can cause flash floods or stop water destined for our crops,' he said. 'India can starve us. Because now India won't be responsible to share any data about flash floods or dam projects with Pakistan.' For decades, India has accused Pakistan of backing the violent separatist insurgency in Indian-administered Kashmir. Islamabad condemned the recent attack and called allegations of its involvement 'baseless'. Authorities in Islamabad have described the suspension of the water treaty as 'an act of war'. When both countries came into being as a result of partition in 1947, the source rivers of the Indus basin were all in India. Years of negotiation followed, before the treaty was brokered by the World Bank in 1960, giving control of the eastern tributaries to India and the western tributaries to Pakistan. The treaty has survived three wars between the nuclear rivals and is considered one of the world's most successful water-sharing endeavours. Pakistan has an agrarian economy and a breadbasket that is dependent on the treaty. 'Water is our life. We can't compromise on it,' said Khalid Khokhar, president of the Farmers' Association. 'If they do it, this is a war. 'My ancestors were farmers as well. In times of crises the farmers sell the family's jewellery, borrow money and do anything possible for farming. The water level is already low because of less rain and we are already very worried. There should be no politics on water. It is our lifeline.' Government officials and experts on both sides say India cannot stop water flows immediately, because the treaty has allowed it to build only hydropower plants without significant storage or dams on the three rivers allocated to Pakistan. 'In the short term, there may not be any direct practical implication,' Himanshu Thakkar, coordinator of the India-based South Asia Network on Dams, Rivers and People, told Agence France-Presse at the weekend. 'Any safe infrastructure to divert water, beyond what is happening now, takes years, mostly more than a decade'. India's existing dams do not have the capacity to block or divert water. 'India cannot immediately stop the flow of these rivers, as it is technically unfeasible and economically not viable,' said Naseer Memon, a Pakistani water expert. But Memon warned of 'disastrous' consequences if Delhi started to ignore its obligations to inform authorities in Pakistan about development on the rivers in the future. 'This would be a humanitarian crisis. Millions of lives would be at stake.' India's suspension letter sent to Pakistan said there had been 'fundamental changes to the circumstances' since the deal was signed, including 'population dynamics' as well as a 'need to accelerate the development of clean energy'. The precious resource is being sucked up by increasing populations and surging agricultural requirements, as well as hydropower projects fuelled by rising energy needs. A senior Pakistani security official, requesting anonymity, claimed that India had been planning for some time to withdraw from the treaty and was using the Kashmir attack as an excuse. 'We can't sit and allow India to do it,' the official said. 'The international community must play its role.'
