Supreme Court’s performance in 2015

The Supreme Court in 2015 besides hearing important cases also seen change of command twice. In August Chief Justice Nasir Mulk retired after him Justice Jawwad S Khawaja became the chief justice on August 17 and retired on 10 September on attaining the age of superannuation.


Three new judges – Justice Tariq Masood, Justice Manzoor Akhtar and Justice Faisal Arab – were inducted in the Supreme Court as Justice Sarmad Jalal Osmany and Justice Ijaz Ahmed Chaudhry also laid down their robes after attaining the age of superannuation. Justice Khilji Arif Hussain and Justice Tariq Pervaiz were appointed as ad hoc judges despite the opposition by the Pakistan Bar Council and Supreme Court Bar Association.
A Full Court heard petitions against the 18th and 21st Amendments for two months on daily basis. On 4th August it announced the judgment and declared that the high and apex court have jurisdiction to review the sentence awarded by military courts.


A three-judge judicial commission, constituted by the President of Pakistan in view of the four months sit-in at Constitution Avenue by Pakistan Tehreek Insaf and Pakistan Awami Tehreek against general elections. The commission headed by Chief Justice Nasir-ul-Mulk heard PTI allegation of rigging in the general elections 2013 in the open court.


The commission after hearing the arguments of PTI, PPP, PML-N and Election Commission of Pakistan counsels and recorded the statements of 69 witnesses, including the judicial officers who acted as Returning Officers in elections 2013, journalists, NGOs and the politicians and the Pakistan Printing Corporation officials and the Elections Commissioner office bearers for more than two months prepared report on 22nd July. In its report rejected the charges of rigging, which greatly disappointed Imran Khan.


Besides these the Supreme Court on many important cases passed the judgment.


On March 12 the Supreme Court set aside the agreement for purchase of Armoured Personnel Carriers (APC), worth Rs1.23 billion, by Sindh police from Serbian company. It also restrained the Sindh provincial government from making payment for the purchase of one helicopter and 86 fire-tenders till the decision of the case.


On March 17 dismissed Muttahida Qaumi Movement (MQM) activist Saulat Mirza’s plea challenging his death sentence. He had requested the court to revisit its earlier judgment and asked for additional evidences may be recorded.


On March 24 a three-member bench headed by Justice Anwar Zaheer Jamali disposed of suo moto case on Kot Radha Kishan tragedy and directed the trial court to decide the case as early as possible. In Kot Radha Kishan a Christian couple was burnt alive by a mob in a brick kiln in District Kasur. On 15th April a Full Court granted stay against the death sentence of six persons. Noor Saeed, Haider Ali, Murad Khan, Inayatullah, Israruddin and Qari Zahir were awarded death sentences by the military courts, established under 21st Amendment in the Constitution and Pakistan Army Act 1952.


The same day i.e. on April 15 a three judge bench headed by CJ Nasir ul Mulk dismissed federation’s review petition on Gas Infrastructure Development Cess (GIDC).


April 20 dismissed a constitutional petition for abolition of death penalty in the country. Barrister Zafarullah had filed the petition that hundreds of prisoners were languishing in the jails on a death row and many of them were innocent.


Due to top court pressure the National Accountability Bureau on July 7 presented a report of 150 mega scams. Out of them 50 are financial, 50 land and 50 of abuse of official position by public office-holders. The list contained the cases against Nawaz Sharif, former president Asif Ali Zardari, former caretaker prime minister Chaudhry Shujaat Hussain, ex-chief minister Punjab Chaudhry Pervez Elahi, former chief minister of Balochistan, Nawab Aslam Raisani, PPP Senator Sehar Kamran, and ex-information minister Firdous Ashiq Awan.


July 8 the apex court dismissed Lahore High Court judgment on Signal Free Corridor Project’ and allowed Lahore Development Authority to carry out the project.


In July the Supreme Court had issued direction for the registration of the local and international NGOs.


On 19th August banned the hunting and pouching of globally protected bird, houbara bustard, in the country. Ministry of Foreign Affairs had issued permits to royal visitors from Gulf countries for hunting of houbara bustard


On 27 August it directed the Election Commission of Pakistan to hold Local Government elections in the Punjab and Sindh and issue the schedule for LB polls in Islamabad.


8th September directed the federal and provincial governments to take measures for declaring Urdu as national language in view of Article 251 of constitution. The governments were ordered to coordinate with each other for uniformity in the transcript (rasmulkhat) of the National language and to translate the laws in the National languages within three months.


On 7th October dismissed the appeal of Mumtaz Qadri and upheld death sentence under section 302 of Pakistan Penal Code and section 7 of Anti-Terrorism Act 1997. Qadri, Punjab Elite Force, had murdered ex-governor Salman Taseer, as he had met with Aasia Bibi, a convict of blasphemy, in jail and declared the blasphemy law as ‘black law’.


28 October set aside the Election Tribunal’s decision to disqualify the Pakistan Muslim League-Nawaz legislator Siddique Baloch permanently but upheld tribunal verdict for re-polls in NA-154.


On 4th November order to close the sheesha centers all over the country.


27th November took suo notice of Zain murder case. 11th December stopped the PM advisor of Civil Aviation from work. He later resigned.

ePaper - Nawaiwaqt