Six-judge bench rejects plea against legislation during previous regime.  Dismisses review petition against Justice Isa’s appointment as CJ BHC.  Disposes of several cases due to being ineffective.

ISLAMABAD  -  The Constitutional Bench of the Supreme Court of Pakistan on Thursday dismissed a petition seeking ban on government servants for marrying with foreign nationals. The court also imposed fine on the petitioner for unnecessary litigation.

A six-member constitutional bench of the top court headed by Justice Amin ud Din Khan and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan heard the cases. Petitioner Mehmood Akhtar appeared before the court through the video link. Justice Jamal Khan Mandokhail said that how the court could ban the marriages as making laws was the prerogative of the Parliament.

Justice Muhammad Ali Mazhar asked the petitioner to mention if any law is there to stop the marriages with foreign nationality holders. Justice Musarrat Hilali said that how a ban could be imposed on marriages. She said that the petition should be dismissed with a fine.

Also, the bench while hearing a public petition against pollution caused by industrial units in Islamabad’s Sectors I-9 and I-10, sought reports from all the four provinces, on measures taken to control air pollution, in three weeks.

A public petition against pollution caused by industrial units in Islamabad’s Sectors I-9 and I-10 were filed by Nazir Ahmed and other residents of I-9 and I-10 about environmental degradation causing asthma, respiratory infections, allergies and heart ailments since the establishment of industrial units, especially steel furnaces and marble units, in the Federal Capital Industrial Estate.

At the outset of the hearing, Justice Muhammad Ali Mazhar said the bench would review “all matters related to the environment”. “Housing societies are being constructed at all places across the country,” Justice Musarrat Hilali lamented.

Justice Jamal Khan Mandokhail remarked that environmental pollution is not just Islamabad’s issue but of the whole country. He noted that the smoke emitted by vehicles was a “major reason” for the pollution. He questioned whether efforts have been made to prevent smoke?

Justice Naeem Akhtar Afghan observed that farms were vanishing “because of housing societies”, and ordered that farmers be provided with protection. “The nature has given us a fertile land but everyone is hellbent on destroying it,” he remarked. He added,  “What are you leaving behind for your future generations?”

Justice Mandokhail, referring to ongoing smog crisis in Punjab, said: “Look at Punjab’s situation. It’s visible to everyone.” He further said that there were “similar conditions” in Islamabad as well a few days ago.

Justice Mazhar questioned why is the Environmental Protection Agency not playing its role? He noted that the pollution issue has been ongoing since 1993 and “must be ended now”.

Justice Mandokhail noted that the entire country was facing a “serious environmental issue”. He observed that something is mixed in petrol that causes pollution.

Justice Hilali said there were poultry farms and marble factories at various points in Mansehra, adding a few beautiful locations in Swat have become victims of pollution too. The case was adjourned for three weeks.

A constitutional bench of the Supreme Court on Thursday dismissed a petition against legislations introduced in tenure of previous Pakistan Democratic Movement (PDM) led government.     

The court declared the petition non-serious and imposed fine of Rs20,000 on the petitioner for unnecessary litigation.

A six-member constitutional bench presided by Justice Amin ud Din Khan heard the case. Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan were also part of the bench.

During the course of proceeding, the petitioner’s lawyer prayed the court to grant time for case preparation. However, Additional Attorney General Aamer Rehman prayed the court to dismiss the case with a fine on the petitioner.

The court rejected the request of petitioner’s lawyer and dismissed the case.

A constitutional bench of Supreme Court of Pakistan on Thursday disposed off several constitutional cases which have become ineffective.

A six-member constitutional bench of the top court headed by Justice Amin ud Din Khan and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan heard the cases.

The bench disposed off case related to appointment of Director General Malir Development Authority Muhammad Sohail. Justice Mandokhail remarked that it was the policy matter in which the court couldn’t interfere.

The bench also disposed off the case due to becoming ineffective regarding rescheduling of general elections 2024. Additional Attorney General said that this petition had become ineffective as the general elections have already taken place. The petitioner had prayed the court that general elections should be held in May 2024 instead of February due to weather issue.

Similarly, the bench disposed off the review appeal regarding review of judgments and orders. Justice Mandokhail remarked that this matter has become ineffective.

Justice Amin ud Din Khan said that the right of Parliament for legislation has been admitted in case of practice and procedure act and principle on it is settled.

The Constitutional Bench of the Supreme Court on Thursday dismissed the petition seeking a ban on those holding foreign bank accounts and assets from contesting elections.

A six-member constitutional bench headed by Justice Amin ud Din Khan heard the case.

During the proceeding, Justice Jamal Khan Mandokhail said that it was the right of Parliament to introduce legislation. How the election commission could introduce a law on foreign accounts and assets, he said.

He remarked that the court couldn’t ask the Parliament to introduce legislation. Justice Muhammad Ali Mazhar said that the petitioner neither gave a legal reference in the case nor mentioned the names of people.

The petitioner’s lawyer said that the people holding foreign bank accounts and assets shouldn’t be allowed to contest elections.    

Justice Amin ud Din Khan remarked that the petitioner could approach the elected representative of his constituency for legislation in the Parliament. The bench, subsequently, dismissed the case.

The constitution bench of Supreme Court on Thursday dismissed the review petition filed against the former chief justice Qazi Faez Isa.

A six-member constitutional bench headed by Justice Amin ud Din khan heard a review petition regarding the appointment of Justice Qazi Faez Isa as Chief Justice Balochistan High Court (BHC).

During the course of proceeding, Justice Jamal Khan Mandokhail remarked that this is a review petition, the case cannot be reopened.

Justice Musarrat Hilali said that this forum is not for political speeches and back talking, they cannot deviate from the law. Justice Amin ud Din asked the petitioner’s lawyer to give reference from law that how consultation with the Chief Minister was necessary regarding the appointment.

Justice Jamal Khan Mandokhail said that he would request the head of the bench to refer the matter to the Pakistan Bar Council (PBC).

The court, however, dismissed the review petition filed against Justice Qazi Faez Isa.

Justice Jamal Khan Mandokhail, Justice Mohammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan are also included in the constitution bench.