ALC - Ahmed Abdul Rehman & Legal Consultants

04/05/2024

Govt notifies new cybercrime investigation agency to tackle PECA offences.

The federal government on Friday established the National Cyber Crimes Investigation Agency (NCCIA), rendering the Federal Investigation Agency’s (FIA) Cybercrime Wing as “defunct”.

The federal cabinet under the caretaker government had approved the NCCIA in December to take over cybercrime investigations from the FIA.

According to a notification in The Gazette of Pakistan from the information ministry, the NCCIA was formed under Section 51 of the Prevention of Electronic Crimes Act 2016 (Peca) and the FIA would now cease to perform functions as the designated investigation agency under the act.

It added that all existing personnel, assets, liabilities, rights, obligations, privileges, inquiries and investigations related to the FIA’s “defunct” Cybercrime Wing would now stand transferred to the NCCIA.

However, it said that existing personnel of the FIA Cybercrime Wing would continue to perform their duties for another year until the appointment of staff in the NCCIA.

The NCCIA will be headed by a director-general, chosen by the federal government to serve a two-year term. It pointed out that the candidate would have to have “not less than 15 years of experience” in the fields of computer science, digital forensics, cyber technology, law, public administration, information technology, telecommunication or related fields to enable him to deal with offences under the Peca act.

The notification said the NCCIA chief would exercise the powers of an inspector general of police while the agency’s affairs related to the federal government’s business would be allocated to the Interior Division.

It added that the NCCIA would also be the designated agency in respect of international cooperation.

14/11/2023

In the midst of the rekindled Israel-Palestine Conflict , a devastating wave of collateral damage has swept across the Gaza region, witnessing an unprecedented death toll that has now surpassed 11,204 martyrs. The United Nations grimly Labels Gaza as a , "Graveyard for Children", underscoring the dire humanitarian crisis.

The following article delves into a comprehensive analysis, shining a spotlight on the State of Israel's persistent and Belligerent actions that amount to war crimes under multiple statutory regimes of International Law and the Geneva Conventions. The urgent call resonates for an immediate ceasefire , emphasizing the critical need for humanitarian assistance to reach the beleaguered population of Gaza.

Authors: Advocate Ahmed Abdul Rehman Shah (CEO ALC) and Miss Ayesha Ahmed (Legal Associate ALC)

AS stated by the United Nations, no single document in international law codifies all war crimes. Lists of what can be classified under the umbrella of “war crimes” are found within various branches of international law including humanitarian, criminal and customary laws. The UN asserts that a w...

09/12/2022

ALC is proud to present its very own guide to post incorporation and annual compliances for private limited companies in Pakistan. As a law company, we are dedicated to helping local and foreign businesses navigate the complex legal landscape and ensure compliance with all relevant laws and regulations. Download our guide now to learn more about the steps your company should take to maintain its legal status and avoid penalties and fines.

Private limited companies in Pakistan are required to comply with a range of laws and regulations in order to operate legally and maintain their status as a registered company. This includes the Companies Act, 2017 and regulations from the Securities and Exchange Commission of Pakistan (SECP). Failure to comply with these laws and regulations can result in penalties, fines, and even the dissolution of the company.

It is therefore essential for private limited companies in Pakistan to ensure that they are fully compliant with all relevant laws and regulations. This is not only important for avoiding legal consequences, but also for maintaining the credibility and reputation of the company.

At ALC, we are a law company that provides a range of services to help companies in Pakistan comply with the relevant laws and regulations, including the Companies Act, 2017 and SECP regulations. We can assist with everything from the initial registration of a company to ongoing compliance and other legal matters related to company law. Contact us today to learn more about how we can help your company meet its compliance obligations in Pakistan.

To view the guide, please visit: https://www.linkedin.com/posts/alc-ahmed-abdul-rehman-legal-consultants-pvt-ltd_compliance-requirement-for-pvt-companies-activity-7006997875742117889-9_C1?utm_source=share&utm_medium=member_desktop

Or leave a comment below with your email if you would like a free version of this guide.

30/11/2022

Federal Shariat Court Gives Green Light to Punjab Women Protection Bill

In its judgement released yesterday, the Federal Shariat Court (FSC) rejected a challenge to the Punjab Protection of Women Against Violence Act, 2016. The Act was challenged on the basis of Islamic law, with the petitioners arguing that it went against Islamic injunctions.

Specifically, the argument of the petitioners was that the Act sought to bring under the ambit of the government what should remain within households. Any matter between a husband and wife, they argued, should be solved within themselves only. Further, the petitioners asserted that the Act is discriminatory against males and attacks their dignity.

The FSC rejected all arguments of the petitioners. In a nutshell, the Court was of the opinion that the petitioners' challenge was based on cultural norms rather than on any legal grounds. It ruled that the Act is a special law with the purpose to protect women against violence in the household, the violence being from the husband or from any other household member.

The Court differentiated between violence and mere reprimanding, emphasizing that Islam gives the husband the right to reprimand his wife for valid reasons, but forbids violence against her.

Further, declining the argument that certain provisions of the Act attacked the dignity of men, the Court pointed out that according to Shariah, 'the protection of life...has priority over any other right including the likelihood or risk of causing indignity to any alleged criminal person.'

15/11/2022

UK Court Fines PM Shehbaz Sharif: Lessons for the Pakistani Legal Community

In an order relating to Prime Minister Shehbaz Sharif’s defamation case against the Daily Mail, the High Court of England and Wales imposed a hefty fine on the premier for irregularities in the judicial process.

In 2020, current Prime Minister Shehbaz Sharif filed a claim against the British newspaper Daily Mail, alleging that it had published a defamatory article about him. In October this year, Prime Minister Shehbaz Sharif requested the court to adjourn the proceedings, before abruptly withdrawing the stay application this month.

The High Court ordered Shehbaz Sharif to pay the defendant £30,000 (Rs. 7.8 Million) for the costs incurred by the latter in relation to the stay proceedings. Further, the Court asked Shehbaz Sharif to submit an amended written reply to the defendant’s submissions. The original reply was deemed to be inadequate for not conforming to the relevant civil procedure rules. The Court instructed Shehbaz Sharif that in the case the amended reply did not conform to the prescribed rules, he would be struck out as a party in the case.

The High Court’s order should serve as an example for the Pakistan judiciary, as it shows that the court did not give any preferential treatment to Shehbaz Sharif due to him being a nation’s Prime Minister. Instead, the Court abided by the relevant rules and fined Shehbaz Sharif for the costs incurred by the defendant due to the former’s initiation and abrupt withdrawal of a stay application and deficient reply to the defendant’s written submissions. The Court’s action teaches us that all persons are to be treated equally before the court, and that no one should be given preferential treatment because of their status.

In Pakistan, courts are all too willing to grant adjournments to cases, even though it is well known that adjournments are often used as delaying tactics by parties. Delaying cases not only causes distress to parties seeking justice, but also lowers people’s trust in the judicial system. As the famous adage goes, ‘justice delayed is just denied’. So, we urge the Pakistani legal community to follow the example set by England’s High Court by granting equal treatment to all parties and by foregoing unjust delaying tactics.

12/11/2022

Pakistan Pledges to Adopt Islamic Banking System

The Minister of Finance, Ishaq Dar, recently made an announcement to shift Pakistan to an interest free banking system by 2027.

The Federal Shariat Court originally gave its judgment declaring the interest based banking system in Pakistan to be unlawful in 1991. The court ordered the government to abolish the system and replace it with a banking system established on Islamic principles.

The decision was upheld by the Supreme Court in 1999, following which the government requested the court to review the decision. The Supreme Court referred the decision back to the Federal Shariat Court, which finally gave its judgement on the issue in April this year. In June, the government once again appealed the decision.

However, the Finance Minister’s recent announcement that the government would withdraw all appeals against the decision seems to have finally put the matter to an end. The Finance Minister has pledged to transition Pakistan to an interest-free banking system.

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09/11/2022

State Bank of Pakistan Revises Foreign Currency Carrying and Transaction Limits

In a notification released on 8th November, the State Bank of Pakistan has drastically reduced foreign currency cash carrying limits for travelers. Under the revised rules, adults (18 years of age and above) can only take foreign currency worth USD 5000 per visit while traveling abroad. Meanwhile, minors (those aged less than 18) may take foreign currency worth USD 2500 per visit abroad only. Additionally, adults can only take USD 30,000 worth of foreign currency abroad in a single year, while minors can take foreign currency worth USD 15,000 per year only.

The State Bank has also imposed limits on debit and credit card holders. Under the new limits, individuals may only make international transactions using their debit or credit card up to a limit of USD 30,000 per year. The State Bank has instructed debit and credit holders to observe these limits and has also advised banks to monitor the limits for each user. Banks have been advised to strengthen their monitoring systems to ensure that these limits are observed. They have also been advised to ensure that cross border debit or credit card transactions are only for the personal needs of users and not for commercial purposes.

08/11/2022

Reko Diq - A Short Summary and Latest Developments

A presidential reference filed by President Alvi in the Supreme Court of Pakistan seeks the apex court’s advice on the revised Reko Diq deal. Reko Diq is a copper and gold mine in Balochistan that has been the subject of dispute between the Pakistan government and foreign investors. Tethyan Copper, an international mining company, had signed an agreement with Pakistan under which it was awarded a lease for the Reko Diq mines. However, the agreement was declared void by the Supreme Court in 2013. Following this decision, Tethyan Copper approached the International Centre for Settlement of Investment Disputes (ICSID), which ruled in favour of the company and imposed a $6.5 billion penalty on Pakistan in 2017.

In 2022, however, the Pakistan government reached an out-of-court settlement under which it would avoid the penalty imposed by ICSID. Under the new deal, one of Tethyan Copper’s controllers, Barrick Gold, would invest ten billion dollars in the Reko Diq project and would keep a 50% share in the project, as opposed to its previous 37.5% share.

Now, under the present Presidential reference filed in the Supreme Court, the President seeks the court’s advice on the legality of the new deal. Specifically, the question is whether the Supreme Court’s 2013 judgement declaring the Reko Diq deal invalid would preempt the new deal. Further, the President seeks the court’s opinion on whether proposed Foreign Investment (Protection and Promotion) Bill 2022 would be constitutionally valid.

Commenting on the Presidential reference, Chief Justice Umar Bandial pointed out that the basis on which the deal was declared void by the 2013 Supreme Court – allegations of corruption on the investors – was not supported by any evidence in the judgement. This means that the ICSID judgement against Pakistan could still potentially be enforced anywhere in the world, and thus is a potential ticking ‘nuclear bomb.’ These comments suggest that the new deal between Pakistan and Barrick Gold does not mean that the penalty against Pakistan awarded by ICSID has been waived. Instead, the penalty still exists and could be enforced anytime. For more clarification on this issue, we await the Supreme Court’s final opinion in this reference.

24/09/2022

28/04/2022

FEDERAL SHARIAT COURT DECLARES INTEREST-BASED BANKING SYSTEM AS AGAINST SHARIA

The Federal Shariat Court (FSC) on Thursday announced a verdict in a long-pending case on Riba (interest), declaring the prevailing interest-based banking system as against the Sharia and directed the government to facilitate all loans under an interest-free system.

In its long-awaited verdict, the court ruled that the federal government and provincial governments must amend relevant laws and issued directives that the country's banking system should be free of interest by December 2027.

The court observed that banks were receiving more than the loan amount when fell under the category of usury. "Islamic banking system is risk-free and against exploitation," Justice Dr Syed Muhammad Anwar remarked.

"Almost two decades have elapsed but the governments have not taken any decisions against the interest system," Justice Anwar said.

The court also declared all the provisions of the Interest Act 1839, which facilitate interest, as unlawful.

The FSC had reserved its verdict in the case on April 12.

The full FSC bench comprising Chief Justice Muhammad Noor Meskanzai, Justice Dr Syed Muhammad Anwar, and Justice Khadim Hussain M Shaikh had heard a number of constitutional petitions filed against the interest-based banking system in the country and reserved the decision of the case after the completion of arguments of the lawyers of the parties.

In the hearing today, Justice Anwar said an interest-free banking system is possible the world over. He emphasised that the elimination of interest from the economic system is a shariah and legal obligation.

"I disagree with the federal government in its reply stating negative effects of interest-free banking," the judge noted.

Meanwhile, Finance Minister Miftah Ismail welcomed the court's decision. He said the government and the central bank would "carefully study this important decision and then seek guidance and clarification from the FSC about the process, steps and timeframe" for its implementation.

HISTORY OF THE CASE:

The first petition for the abolition of the interest-based banking system in the country was filed in the FSC on June 30, 1990.

The then chief justice of the FSC, Dr Tanzeelur Rehman, had constituted a three-member bench that delivered judgment in the case on November 14, 1991, and sought its implementation by April 30, 1992. The then PML-N government had challenged the decision in the apex court.

Years later on December 23, 1999, the Supreme Court upheld the decision of the FSC and directed authorities to ensure its implementation by June 30, 2000.

Subsequently, a review appeal was filed in 2002 with the top court, and on June 24, 2002, the decision of the Shariah Court was suspended and the case was referred back to the FSC for interpretation of Riba.

The case against the interest rate system had been pending in the Shariat Court for the last 19 years. Around nine chief justices of the FSC have completed their terms since then, but the case remained undecided until its verdict was announced today.

28/04/2022

ISLAMABAD HIGH COURT ALL SET TO GO LIVE WITH ITS PROCEEDINGS

In a first, the Islamabad High Court (IHC) has decided to live-stream judicial proceedings for which it ran a trial on last Friday.

The court administration has installed the necessary equipment for live streaming and, according to an official, it will be available to the general public by next month.

The streaming of judicial proceedings is not a new phenomenon, as courts in western countries, the US and even a few high courts in neighbouring India allow streaming of the proceedings. Some courts have even established their YouTube channels for the purpose.

In Pakistan, the concept of streaming the proceedings live for the public is comparatively new, as the superior courts in the recent past introduced the e-court facility, enabling a judge to conduct online proceedings and allowing the lawyers to participate through a video link via a protected password.

While the judiciary believes the decision will ensure accountability of judges, the legal fraternity expects it to strengthen public confidence in courts.

Supreme Court lawyer Kashif Ali Malik said since the public will be able to witness the hearings on important political and other high-profile cases live, they will be in a better position to judge the conduct of the courts. According to him, the openness of court proceedings will show that the institution was fair, transparent and administering justice without any fear and favour.

However, judicial sources are also considering the possible misuse of this attempt at transparency, as habitual litigants could take this as an opportunity to record their ‘sermons’ and reuse them for their vested interests.

Another apprehension is editing the recordings of proceedings out of context to scandalise the judges or manipulate the course of justice.

While the IHC administration can regulate the habitual litigants administratively, IT exp­erts say the misuse of contents of the live stream can be checked through different means.

Wahaj Siraj, an expert in the IT sector, was of the view that the Supreme Courts of UK and California and even the high court of the Indian state of Gujarat live-streamed their proceedings. He said the IHC will possess copyrights of the streaming and any misuse will be dealt with accordingly.

He further said that in order to discourage any manipulation of the editing, the court has all the power to initiate contempt proceedings against those responsible.