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President Alvi confirms Justice Musarrat Hilali as Peshawar High Court’s CJ

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  • Justice Hilali becomes 2nd Pakistani woman elevated to office of CJ of a high court.
  • The most senior judge of PHC was appointed as acting CJ of high court last month.
  • On April 14, JCP recommended her name for appointment as regular CJ of PHC.

ISLAMABAD: President Dr Arif Alvi on Monday accorded his approval to the appointment of Justice Musarrat Hilali as the regular Chief Justice of the Peshawar High Court (PHC).

Justice Hilali has previously been working as acting chief justice of the PHC.

The president approved her appointment under Article 175A (13) of the Constitution, according to a statement issued by the President’s Secretariat.

After her appointment as the regular CJ, Justice Hilali has become the second female in the country who has been elevated to the office of chief justice of a high court — the first being Justice Syeda Tahir Safdar, the chief justice of the Balochistan High Court.

On April 1, the high court got its first woman chief justice as Justice Hilali took the oath of her office.

Upon the retirement of PHC Chief Justice Qaiser Rashid Khan on March 30, the most senior judge of the court, Justice Noorul Amin Khan was appointed as the acting CJ. But his stint lasted a day only.

After Justice Khan’s retirement on March 31, a day after he took over as the acting CJ, Justice Hilali was appointed as the first woman acting chief justice of the PHC.

The president appointed Justice Hilali as the acting CJ until the appointment of a regular chief justice.

On April 14, the Judicial Commission of Pakistan (JCP) unanimously recommended the name of Justice Mussarat Hilali for appointment as the regular chief justice of the high court during a meeting held under the chairmanship of Chief Justice Umar Ata Bandial. The commission sent its recommendation to the parliamentary committee for approval.

Who is Justice Musarrat Hilali?

Born in Peshawar on August 08, 1961, Justice Hilali received a law degree from Khyber Law College, Peshawar University and enrolled as an Advocate of District Courts in 1983, as an Advocate of the High Court in 1988 and as an Advocate of the Supreme Court of Pakistan in 2006.

Being a female she had several achievements in her career including:

  • First female elected office-bearer in the post of secretary at the bar from 1988-1989
  • Vice president at the bar (twice) from 1992 till 1994
  • General Secretary from 1997 till 1998
  • First female twice elected as an executive member of the Supreme Court Bar Association (SCBA) from 2007-2008 and 2008-2009

She was also the first female Additional Advocate General of Khyber Pakhtunkhwa from November 2001 to March 2004 and was later appointed as the first female Chairperson Khyber Pakhtunkhwa Environmental Protection Tribunal.

Justice Hilali also served as the first female ombudsman for protection against the harassment of women in the workplace.

She was elevated to the bench as an additional judge on March 26, 2013, and confirmed as a permanent judge of the Peshawar High Court on March 13, 2014.

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Today, 190 million pounds in NAB reference cases and cypher will be heard by the IHC.

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The founder of Pakistan, Tehreek e Insaf (PTI), has filed a bail petition against a 190 million-pound NAB reference, and the Islamabad High Court (IHC) is set to hold a hearing today.

Chief Justice Aamer Farooq of the IHC and Justice Tariq Mehmmod Jahangiri, the other member of the two-member bench, will hear the matter promptly at 12 p.m.

Presenting the arguments before the court will be the prosecutor from the National Accountability Bureau (NAB) during the hearings.

In addition, today is scheduled for the hearing of the petitions filed by Shah Mehmood Qureshi and PTI founder Imran Khan opposing indictment in the cypher case.

At precisely 2 pm, the cypher case hearing will be presided over by a second two-member bench made up of CJ Aamer Farooq and Justice Mian Gul Hassan Aurangzeb.

Here, the prosecution’s arguments will be made in front of the bench by the Federal Investigation Agency (FIA) prosecutor.

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Pakistan

To discuss privatisation with the government, Bilawal establishes a committee.

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Chairman of the Pakistan Peoples Party (PPP), Bilawal Bhutto Zardari, has formed a committee to discuss privatisation concerns with the government.

Sherry Rehman, Syed Naveed Qamar, and Saleem Mandviwalla are among the committee members, according to a notification released by the PPP Chairman’s Secretariat.

The coalition administration has already established a panel to actively pursue the privatisation of state-owned firms (SOEs), such as Pakistan Steel Mills and Pakistan International Airlines.

To allow the government to sell PIA’s fifty-one percent of the company, the Privatisation Commission called for bids from interested parties in April.

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Pakistan

Supreme Court halts PHC and ECP decisions regarding reserved seats

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On Monday, the Election Commission of Pakistan (ECP) and the Peshawar High Court (PHC) were suspended by the Supreme Court, even as they accepted the plea of the Sunni Ittehad Council for a hearing. The ECP had decided to award the reserved seats of SIC to other political parties.

Judge Mansoor Ali Shah stated that the people’s mandate should be appropriately represented in the Parliament as the proceedings resumed following a short interim.

Let me explain what the Election Commission has truly done, stated the Council of the ECP. We only dispersed the reserved seats once. No new distribution of them was made.

The court, Justice Shah said, was more interested in following the Constitution than in what the Election Commission had done. Giving other parties more seats isn’t it against the idea of proportionality, Justice Shah questioned.

Seats were unfairly awarded to other parties, according to Justice Athar Minallah. Even after losing the electoral symbol, a party could still run for office, according to his observation.

In order to determine whether the case would be handled by the same bench or a larger bench would be established to hear it, the Supreme Court then forwarded the reserved seat subject to the Judges Committee.

The Pakistani Election Commission received applications from the opposing parties on March 4 and decided to utilise a proportional representation process to assign seats to political parties based on the number of seats each party won. This meant that seats in the National Assembly and provincial assemblies would not remain empty.

The PTI-backed SIC lost 77 reserved seats as a result of the development, including two women’s seats in the Sindh Assembly, twenty women’s seats in the National Assembly, twenty women’s seats in the Khyber Pakhtunkhwa Assembly, and twenty-seven women’s seats in the Punjab Assembly; all totaling twenty-three seats.

Additionally, pleas for women’s and minorities’ reserved seats submitted by the Sunni Ittehad Council (SIC) were denied by the Peshawar High Court.In its challenge, the party said that SIC should not have been granted reserved seats for women and minorities by the Election Commission of Pakistan (ECP).

Previous steps

In a case involving the refusal to provide the Sunni Ittehad Council (SIC) reserved seats, the appeal court had previously dismissed the federal government’s challenge to the three-member bench.

An appeal for reserved seats submitted by the Sunni Ittehad Council is being heard by a three-judge panel led by Justice Mansoor Ali Shah and including Justices Muhammad Ali Mazhar and Athar Minallah.

The federal government asked the court to form a larger bench so that more people could hear the matter when the hearing got underway. Adviser General Aamir Rahman, speaking for the federal government, stated that the appeals could only be heard by a larger bench. But the objection on the bench was dismissed by the court.

Situated on reserved seats, the female parliamentarians expressed disapproval of the bench as well. Under the Practice and Procedures Act, only a five-member bench could hear the issue, according to the attorney for the female parliamentarians. The dispute involved the interpretation of Article 51 of the Constitution.

Under Article 185 of the Constitution, Justice Mansoor Ali Shah noted that the current case was being handled as an appeal. Under Article 184/3, the current case was not filed. Court decisions on the admissibility of appeals were left up to the court, according to Justice Mansoor Ali Shah.

In addition, he said, a larger bench may be assembled to hear the case if it was determined that the case could be maintained.

Arguments made by Faisal Siddiqui the Advocate

Prominent Sunni Ittehad Council lawyer Faisal Siddiqui began putting forth the points. Following the February 8 general elections, Siddiqui announced that PTI’s returned candidates became members of the Sunni Ittehad Council.

There were still seven candidates in the National Assembly who had independent status, according to Justice Mansoor Ali Shah.
If PTI was a registered political party, Justice Athar Minallah questioned.

Siddiqui, the advocate, confirmed that PTI was a legally recognised political party. Although it wasn’t present during the election, Justice Shah noted that it was a registered political party.

Can you tell me how many days independent members have to join a party? said Justice Muhammad Ali Mazhar. A political party must be joined by independent members of the National Assembly within three days, according to Siddiqui. Justice Minallah asked,

“Will candidates of a political party forfeit their right to represent if the party lacks an electoral symbol?” A political party might transform into a parliamentary party by running for office, Siddiqui informed the court.

There is also the case where a political party holds elections yet does not allow its successful candidates to leave. What mechanism is used to allocate reserved seats among political parties, Justice Shah inquired?

Justice Shah enquired, “Will the political party take reserved seats according to the number of seats won or can it take more? According to Siddiqui, no political party is allowed to have more reserved seats than their share.

After upon, the Supreme Court quickly postponed the case hearing till 11:30 while summoning Election Commission representatives with documentation.

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