Adv Abuzar Salman Khatak

Adv Abuzar Salman Khatak Attorney at Law
Criminal and Civil Law

صوبہ پنجاب میں 3/7/024 کو پہلی بار دوسری بیوی سے نکاح نامہ میں پہلی شادی کو چھپا کر کنوارہ لکھوانے پر اسکے شوہر کے خلاف ...
04/07/2024

صوبہ پنجاب میں 3/7/024 کو پہلی بار دوسری بیوی سے نکاح نامہ میں پہلی شادی کو چھپا کر کنوارہ لکھوانے پر اسکے شوہر کے خلاف مقدمہ درج کر لیا گیا ہے ۔ اس کیس میں سوال دوسری شادی کی اجازت یا بغیر اجازت دوسری شادی کرنے کا نہیں بلکہ دوسرے نکاح نامہ میں پہلی شادی کو چھپا کر کنوارہ لکھوانے کا تھا
شوہر کے خلاف تعزیرات پاکستان کے سیکشن، ,465،420 ،495 کے تحت مقدمہ درج کرلیاگیا ہے
مذکورہ دفعات کے تحت شوہر کو 10 سال کی سزا ہو سکے گی جبکہ مذکورہ دفعات کے تحت پنجاب میں پہلی بار کسی شوہر پر اسطرح کی FIR درج ہوئی ہے.

04/07/2024

𝐏𝐚𝐤𝐢𝐬𝐭𝐚𝐧 𝐁𝐚𝐫 𝐂𝐨𝐮𝐧𝐜𝐢𝐥 𝐡𝐚𝐢𝐥𝐬 𝐧𝐞𝐰 𝐜𝐡𝐢𝐞𝐟 𝐣𝐮𝐬𝐭𝐢𝐜𝐞𝐬

𝐈𝐒𝐋𝐀𝐌𝐀𝐁𝐀𝐃: 𝐓𝐡𝐞 𝐕𝐢𝐜𝐞 𝐂𝐡𝐚𝐢𝐫𝐦𝐚𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐏𝐚𝐤𝐢𝐬𝐭𝐚𝐧 𝐁𝐚𝐫 𝐂𝐨𝐮𝐧𝐜𝐢𝐥, 𝐑𝐢𝐚𝐳𝐚𝐭 𝐀𝐥𝐢 𝐒𝐚𝐡𝐚𝐫, 𝐨𝐧 𝐖𝐞𝐝𝐧𝐞𝐬𝐝𝐚𝐲 𝐰𝐞𝐥𝐜𝐨𝐦𝐞𝐝 𝐉𝐮𝐝𝐢𝐜𝐢𝐚𝐥 𝐂𝐨𝐦𝐦𝐢𝐬𝐬𝐢𝐨𝐧 𝐨𝐟 𝐏𝐚𝐤𝐢𝐬𝐭𝐚𝐧’𝐬 (𝐉𝐂𝐏) 𝐫𝐞𝐜𝐨𝐦𝐦𝐞𝐧𝐝𝐚𝐭𝐢𝐨𝐧 𝐭𝐨 𝐮𝐧𝐚𝐧𝐢𝐦𝐨𝐮𝐬𝐥𝐲 𝐞𝐥𝐞𝐯𝐚𝐭𝐞 𝐀𝐜𝐭𝐢𝐧𝐠 𝐂𝐡𝐢𝐞𝐟 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐨𝐟 𝐭𝐡𝐞 𝐒𝐢𝐧𝐝𝐡 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭, 𝐌𝐮𝐡𝐚𝐦𝐦𝐚𝐝 𝐒𝐡𝐚𝐟𝐢 𝐒𝐢𝐝𝐝𝐢𝐪𝐮𝐢, 𝐚𝐧𝐝 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐀𝐚𝐥𝐢𝐚 𝐍𝐞𝐞𝐥𝐮𝐦 𝐨𝐟 𝐭𝐡𝐞 𝐋𝐚𝐡𝐨𝐫𝐞 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭, 𝐚𝐬 𝐭𝐡𝐞 𝐧𝐞𝐰 𝐂𝐡𝐢𝐞𝐟 𝐉𝐮𝐬𝐭𝐢𝐜𝐞𝐬 𝐨𝐟 𝐭𝐡𝐞𝐢𝐫 𝐫𝐞𝐬𝐩𝐞𝐜𝐭𝐢𝐯𝐞 𝐜𝐨𝐮𝐫𝐭𝐬.

On behalf of the Pakistan Bar Council, he congratulated the judges for their nominations and said that both were competent, upright, and independent, with unquestionable integrity and enjoy high respect within society and the legal fraternity as well.

The vice chairman paid tribute to the Judicial Commission for nominating Justice Aalia Neelum as the first female Chief Justice of the Lahore High Court, marking a historic milestone in the Lahore High Court.

He also expressed the hope that relations between the bench and the bar during their tenure would be cordial.

On Tuesday, JCP had recommended elevation of Justice Aalia Neelum to become the first woman chief justice of LHC. The JCP had approved her elevation after considering nominations of three judges for the position of LHC chief justice, including Acting Chief Justice Shujaat Ali Khan and Justice Ali Baqar Najafi.

The JCP had also unanimously reco­mmended the elevation of Justice Shafi Siddiqui as chief justice of the Sindh High Court to fill the vacant seat created by the elevation of Justice Aqeel Ahmed Abbasi to the Supreme Court.

The office of LHC chief justice became vacant after the elevation of Justice Malik Shahzad Ahmad Khan to the Supreme Court on June 7, following which Justice Shujaat Ali Khan was appointed as the acting chief justice of LHC.

Published in Dawn, July 4th, 2024

لاہور ہائی کورٹ کے 2 سنیر ججز کو چھوڑ کر تیسرے نمبر والی عالیہ نیلم صاحبہ کو انکی زمانہ شناس خدمات پرچیف بنانا اور طاقتو...
03/07/2024

لاہور ہائی کورٹ کے 2 سنیر ججز کو چھوڑ کر تیسرے نمبر والی عالیہ نیلم صاحبہ کو انکی زمانہ شناس خدمات پرچیف بنانا اور طاقتور لابنگ کی بنا پر اس انتخاب کا طریقہ کار بھی سیٹ کرنا ، عدلیہ کے نظام پر سیاہ دھبہ ہے۔ پس ثابت ہوا کہ ہائی کورٹ کا جج بن کر اگر آپکی لابنگ ،سیاسی و عسکری خدمات میں کمی ہے تو آپ کھڈے لائن ہیں کیونکہ پاکستان کے مقتدر اداروں کا کام صرف سیاست ہے نہ کہ پروفیشنلزم۔ لہذا وہی رہے گا جو تابعداری کرے گا۔آئندہ ججز انصاف پر دھیان کرنے کی بجائے سیاسی زور آزمائی پر توجہ کریں۔

03/07/2024

𝐄𝐱𝐩𝐞𝐫𝐭𝐬 𝐰𝐚𝐧𝐭 𝐂𝐫𝐏𝐂 𝐚𝐦𝐞𝐧𝐝𝐞𝐝 𝐭𝐨 𝐢𝐦𝐩𝐫𝐨𝐯𝐞 𝐜𝐫𝐢𝐦𝐢𝐧𝐚𝐥 𝐣𝐮𝐬𝐭𝐢𝐜𝐞 𝐬𝐲𝐬𝐭𝐞𝐦

• 𝐋𝐚𝐜𝐤 𝐨𝐟 𝐜𝐨𝐧𝐬𝐮𝐥𝐭𝐚𝐭𝐢𝐨𝐧 𝐛𝐞𝐭𝐰𝐞𝐞𝐧 𝐩𝐨𝐥𝐢𝐜𝐞 𝐚𝐧𝐝 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐨𝐫𝐬 𝐡𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭𝐞𝐝 𝐛𝐲 𝐭𝐨𝐩 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐨𝐫𝐬 𝐨𝐟 𝐒𝐢𝐧𝐝𝐡, 𝐏𝐮𝐧𝐣𝐚𝐛 𝐚𝐧𝐝 𝐁𝐚𝐥𝐨𝐜𝐡𝐢𝐬𝐭𝐚𝐧
• 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐒𝐚𝐡𝐢𝐭𝐨 𝐜𝐚𝐥𝐥𝐬 𝐟𝐨𝐫 𝐢𝐦𝐩𝐨𝐬𝐢𝐧𝐠 𝐩𝐞𝐧𝐚𝐥𝐭𝐲 𝐭𝐨 𝐝𝐢𝐬𝐜𝐨𝐮𝐫𝐚𝐠𝐞 𝐟𝐫𝐢𝐯𝐨𝐥𝐨𝐮𝐬 𝐥𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧
• 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐀𝐝𝐧𝐚𝐧 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬 𝐰𝐡𝐲 𝐩𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐨𝐫𝐬 𝐨𝐩𝐩𝐨𝐬𝐞 𝐛𝐚𝐢𝐥 𝐩𝐥𝐞𝐚𝐬 𝐢𝐧 𝐜𝐚𝐬𝐞𝐬 𝐨𝐟 𝐛𝐚𝐢𝐥𝐚𝐛𝐥𝐞 𝐨𝐟𝐟𝐞𝐧𝐜𝐞𝐬

KARACHI: Experts at a seminar on Tuesday stressed the need of carrying out substantial amendments to the colonial-era Criminal Procedure Code (CrPC) as that would help bring improvements to the criminal justice system.

They were also of the view that a proactive coordination between the investigating officers and prosecutors was essential during the investigation of the cases in order to curb faulty and defective investigation.

They deplored the traditional method of investigation and recommended the use of modern devices as well as proper collection and examination of forensic evidence.

The judges of Sindh High Court and prosecution officials from Sindh, Punjab, Khyber Pakhtunkhwa and Balochistan were speaking at the 19th meeting of Pakistan Prosecution Forum hosted by the Sindh prosecution department in collaboration with United Nations Office on Drugs and Crime and US government here at a local hotel.

Justice Amjad Ali Sahito of the SHC was of the view that the amendments were necessary to change the old laws, including CrPC, in order to bring improvements to the criminal justice system.

While deploring the poor investigation on the part of police, he said that generally, prosecutors and judges were also reluctant to drop the charges at initial stages in the cases where admissible evidence was not available.

Justice Sahito stated that in order to discourage frivolous and false litigation, there must be some deterrence and penalty/fines must be imposed upon the complainants for lodging fake FIRs.

He also suggested various improvements in investigations and said that a forensic vehicle should be available in every district of Sindh to collect evidence from the crime scene.

It is recently witnessed that accused persons were being produced through video link in courts while law suggested that the physical presence of accused was necessary and thus, the requisite amendments were needed to be put in place, he added.

While responding to a question of a prosecutor, Justice Sahito said that if a magistrate/judge did not entertain the scrutiny note, the prosecution may file an appeal before the appellate forum.

Justice Adnan-ul-Karim Memon of the SHC also recommended changes in the laws and said that such changes would empower the prosecutor in respect of the scrutiny of the charge-sheets/investigation reports.

He also questioned the prosecutors as to why they had mostly been opposing the bail applications before the courts in the cases of bailable offences.

Sindh Prosecutor General Dr Faiz Shah said that the century-old laws needed to be replaced or amended properly.

He added that there were some serious issues related to witness protection and limited resources and budget of prosecution department as well as various other grey areas. The pre-trial scrutiny aimed at judging the admissible evidence, he added.

He also underlined the need for proper and proactive consultation with the prosecutors by police from very initial stages of the investigation. He complained that the prosecution could not get the copy of an FIR even after the passage of 24 hours after its registration.

Punjab Prosecutor General Syed Farhad Ali Shah stated that the Prosecution Act was enacted in Punjab in 2006, but necessary amendments had yet to be made in Section 173 of the CrPC as police used to file charge-sheet after six months and it was almost useless for prosecution to scrutinise the same. The changes in Section 173 would empower the prosecution, he added.

Balochistan Prosecutor General Jahanzeb Khan Nassar was of the view that outdated laws must be amended in accordance with the modern era as latest and advanced tactics and devices were being used in investigating the cases across the globe.

He said that the prosecution department of Balochistan had signed a memorandum of understanding with police for coordination in investigations of the cases, but police were functioning only in around 10 per cent areas of the province as the levies forces were operating in the rest of Balochistan and they had yet not inked any such agreement with them.

The secretary of the Punjab public prosecution department, Usman Anwar, stated that while keeping their political interests in view, politicians used to recruit people in police and also responsible for amendments to laws. Therefore, there was a need of judicial reforms as well as to fix the entire system, he added.

The officials of KP prosecution department also spoke on the occasion.

Published in Dawn, July 3rd, 2024

𝐋𝐇𝐂 𝐠𝐞𝐭𝐬 𝐟𝐢𝐫𝐬𝐭 𝐰𝐨𝐦𝐚𝐧 𝐜𝐡𝐢𝐞𝐟 𝐣𝐮𝐬𝐭𝐢𝐜𝐞ISLAMABAD: Justice Aalia Neelum is set to make history as the first woman to rise to t...
03/07/2024

𝐋𝐇𝐂 𝐠𝐞𝐭𝐬 𝐟𝐢𝐫𝐬𝐭 𝐰𝐨𝐦𝐚𝐧 𝐜𝐡𝐢𝐞𝐟 𝐣𝐮𝐬𝐭𝐢𝐜𝐞

ISLAMABAD: Justice Aalia Neelum is set to make history as the first woman to rise to the position of chief justice of the Lahore High Court, after the Judicial Commission of Pakistan (JCP) unanimously approved her elevation, on Tuesday.

The JCP, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, approved her elevation after considering the nominations of three judges for the position of LHC chief justice, including Acting Chief Justice Shujaat Ali Khan and Justice Ali Baqar Najafi.

The JCP also unanimously recommended the elevation of Justice Shafi Siddiqui as chief justice of the Sindh High Court to fill the vacant seat created by the elevation of Justice Aqeel Ahmed Abbasi to the Supreme Court.

The office of LHC chief justice became vacant after the elevation of Justice Malik Shahzad Ahmad Khan to the Supreme Court on June 7, following which Justice Shujaat Ali Khan was appointed as acting chief justice of the LHC.

Justice Aalia Neelum stands third in the seniority list of judges of the LHC. During the June 7 meeting, the JCP had decided to consider her nomination for the office of the LHC chief justice.

In a trailblazing milestone, Justice Syeda Tahira Safdar became the first woman to hold the position of chief justice of the Balochistan High Court in 2018, following the retirement of Justice Mohammad Noor Muskanzai. This was followed by another historic achievement when Justice Ayesha A. Malik became the first woman judge to be appointed to the Supreme Court in 2021.

A well-informed source told Dawn that the JCP had reached the consensus decision to elevate Justice Neelum despite Pakistan Bar Council’s (PBC) opposition and advocacy for adhering to the principle of seniority. The source said the commission thoroughly evaluated the credentials of all judges under consideration, and the feedback from nearly all member judges of the JCP was in favour of Justice Neelum.

When asked about the fate of the two senior judges who were bypassed for the position, the source said it’s up to them to decide, but historically, the judges who have been superseded have opted to continue serving as judges.

The source pointed out that this scenario twice happened in the past, once in the Peshawar High Court and again in the Islamabad High Court.

Before the decision to elevate Justice Neelum, six PBC members had written a letter to CJP Isa on June 28, urging the SJC to uphold the seniority principle and emphasised its importance in maintaining the credibility and integrity of the judiciary system in the country.

“We hope that in the case of the appointment of chief justice in the LHC, seniority principle will be adhered to promote credibility of the judiciary system in the country,” PBC members Shafqat Mehmood Chohan, Abid Shahib Zuberi, Chaudhry Ishtiaq Khan, Munir Ahmad Kakar, Shahab Sarki and Tahir Faraz Abbasi had stated.

Justice Neelum, born on Nov 12, 1966, earned her LLB degree from the University of Punjab in 1995 and was enrolled as an advocate in 1996. She was later enrolled as an advocate of the Supreme Court in 2008 and elevated to the Lahore High Court in 2013.

Published in Dawn, July 3rd, 2024

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02/07/2024

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