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Reference for ‘serious misconduct’ filed against CJP Bandial-led larger bench hearing SC bill

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  • 10-page reference filed by Lawyer Mian Dawood.
  • Says these judges acted in violation of Article 209 of Constitution.
  • Lawyer urges SJC tp “urgently” inquire actions of CJP Bandial.

ISLAMABAD: A day after an eight-member larger bench of the Supreme Court began hearing the petitions challenging a bill seeking to curtail the powers of the chief justice of Pakistan (CJP), Lawyer Mian Dawood filed a reference against the judges.

The reference was filed by the same lawyer who earlier registered a complaint against Justice Mazahar Ali Akbar Naqvi.

In a 10-page reference filed before the Supreme Judicial Council, the complainant accused CJP Umar Ata Bandial and seven other judges of being guilty of “serious misconduct” under Articles III, IV, V VI, and IX of the code of conduct.

It should be noted that the eight-member SC bench has been facing constant criticism since its formation two days ago with the coalition government rejecting the larger bench, claiming it to be “controversial” as it is a “testament to the division of the apex court”.

He wrote: “I am placing before the Council the misconduct on part of the following 8 Judges of the Supreme Court of Pakistan”:

  • Justice Umar Ata Bandial
  • Justice Ijaz ul Ahsan
  • Justice Munib Akhtar
  • Justice Sayyed Mazahar Ali Akbar Naqvi
  • Justice Muhammad Ali Mazhar
  • Justice Ayesha Malik
  • Justice Syed Hasan Azhar Rizvi
  • Justice Shahid Waheed

He claimed that these judges have consistently acted in violation of Article 209 of the Constitution and the Code of Conduct to be observed by judges of the Supreme Court and of the high courts, as issued by the Supreme Judicial Council.

Advocate Dawood wrote that CJP and the seven judges have “consistently and blatantly” violated the following “golden rules” of judicial conduct:

  • Article III — Keeping a judge’s conduct in all things, official and private, free from impropriety;
  • Article IV — enshrine the rule against bias and conflict of interest either direct or indirect;
  • Article V — ensuring that justice is not only done but is also seen to be done;
  • Article VI — counsel against engaging in public controversy, least of all on a political question
  • Article IX — non-employment of the influence of a judge’s position to gain undue advantage, whether immediate or future and maintenance of harmony within his own court, as well as among all courts and for the integrity of the institution of justice.

“They have violated Article 209 (5) of the Constitution, ie, when a judge becomes incapable of performing his judicial function or is found to be guilty of misconduct,” the complainant wrote.

Lawyer Dawood alleged that Justice Bandial’s misconduct is three-fold, that is:

  • Firstly, he fixed the petition in his self-interest the bill was aimed to structure his own absolute powers
  • Secondly, he himself presided over the bench hearing the matters; thereby, violating all rules of propriety and administration of justice
  • Thirdly, the chief justice-led bench passed an “obviously glaring illegal, unconstitutional and mala fide order and anticipatory order.”

Lawyer Dawood accused the “four future chief justice”, including Justice Ahsan, Justice Akhtar, Justice Malik, and Justice Waheed, of the same charges pressed against CJP Bandial.

Meanwhile, he alleged that the “3rd category of justices” — including Justice Naqvi, Justice Mazhar, and Justice Rizvi — are also guilty of the same offence along with “being incompetent and for making themselves part of a partisan power grab by the Chief Justices and for being part of quid pro quo arrangement with the Chief Justice. They all were elevated out of turn, in violation of seniority principles.”

Dawood further claimed that CJP Bandial has engaged in “judicial and administrative misconduct” by refusing to probe allegations against Justice Naqvi and also by announcing in open court that “he was giving a ‘silent message’, by including Justice Naqvi on the bench with him, instead of initiating proceedings against the judge.”

Last month the Pakistan Bar Council (PBC) filed a reference against Justice Naqvi in the Supreme Judicial Council for “misconduct” after his name surfaced in connection with the audio leaks purportedly involving him, former Punjab chief minister Parvez Elahi and others.

“CJ pre-judges the references, declared Justice Naqvi to be innocent and impliedly threatened to proceed against the complainant(s),” he wrote, adding that the “bias of CJP is quite evident”.

The lawyer accused CJP Bandial of being involved in “bench-fixing, in order to favour certain political parties”.

“Chief Justice Bandial has been actively involved disregarding the seniority principle in elevation of the judges of the High Court to the Supreme Court in violation of the Constitution and well-established constitutional convention/practice as well as the law laid down by the apex court in the 1996 Al Jehad Trust and the 1998 Malik Asad Ali case. It is imperative that the actions of the Chief Justice Mr. Justice Umar Ata Bandial be inquired into urgently, as justice being dispensed in such a partisan and authoritarian manner leaves no room for public trust in the judiciary,” he wrote.

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Pakistan

4 dead, 12 injured as sucide blast rips through Hangu mosque

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  • Incident takes place within parameters of Police Station Doaba. 
  • Two suicide bombers were involved in attack, says Hangu DPO.
  • 12 people, rescued from rubble, shifted to nearby hospital. 

HANGU: A blast ripped through a mosque in Khyber Pakhtunkhwa’s Hangu, local officials confirmed Friday, leaving three dead — including a policeman — and 12 injured.

The incident took place within the parametres of Police Station Doaba during the Friday sermon — a time when scores of believers are gathered at a mosque for their weekly prayer. 

Hangu District Police Officer Nisar Ahmed said 30-40 people were under the rubble — as the mosque’s roof caved in — and an operation was underway to rescue them.

Ahmed said two suicide bombers were involved in the attack — one targeted the gate of the police station, and the other blew himself up inside the mosque.

The 12 people, rescued from the rubble, have been shifted to a nearby hospital, he said.

Caretaker Khyber Pakhtunkhwa Chief Minister Azam Khan, taking notice, directed officials to enforce an emergency in all hospitals of the city as he sought a report on the blast from law enforcers.

The police officials said that two militants tried entering the police station and started firing at the gate. They added that one of the terrorists was killed at the gate by the police in retaliatory fire.

Moreover, two policemen were also injured during the firing, officials of the law enforcement agency said, adding that the other militant blew himself up inside the mosque.

The timely action by the police resulted in fewer casualties following the blast, they added. 

This was the second terror attack to hit Pakistan in a single day as earlier today, a suicide blast in Balochistan’s Mastung district killed at least 35 people including a police officer while injuring over 45.

The explosion took place near the mosque where people were gathering to mark Eid Miladun Nabi — the birth anniversary of Prophet Muhammad (PBUH).

For the past year now, Pakistan has been gripped by a spate of terror attacks, with Balochistan and Khyber Pakhtunkhwa particularly being under the radar of militants targeting security forces and civilians to deteriorate peace.

Security forces, however, continue to conduct operations against terrorists to eliminate terrorism from the country in its resolve to strengthen the sacrifices of its soldiers.

Earlier this month, a report compiled by the Pakistan Institute for Conflict and Security Studies (PICSS) stated a sharp increase recorded in militant attacks across the country in the month of August with 99 terror incidents reported.

This, according to the report, was the highest number recorded in any single month since November 2014. These attacks have resulted in 112 deaths and 87 injuries, mostly targeting security forces personnel and civilians.

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Pakistan

One-month deadline for illegal foreign nationals to be announced soon

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  • Major countrywide crackdown to be launched by LEAs.
  • Around 1.1 million Afghan refugees illegally reside in Pakistan.
  • Surge in street crime in capital linked with illegal Afghans.

ISLAMABAD: The government will soon announce a one-month deadline for all illegal foreign immigrants, including Afghans, to leave the country or face the music.

After the one-month deadline, a major countrywide crackdown will be launched by the law-enforcement agencies to identify and deport such illegal immigrants, the vast majority of whom are said to be Afghans.

Interior Minister Sarfraz Bugti will announce the policy in a few days time, an informed source said. 

The decision at the highest level has already been taken not to let Pakistan become a haven for illegal immigrants, many of whom are not only involved in criminal activities but are also part of the smuggling mafia, the source added.

It is said the authorities have already arrested many illegal Afghan immigrants who were doing illegal dollar trade at the cost of the country’s economy. A large number of such illegal foreign nationals are also doing different businesses in several major cities including the federal capital. The surge in street crime in Islamabad is also linked with the influx of illegal Afghans.

There are said to be around 1.1 million Afghan refugees residing in Pakistan illegally. 

It is said as many as 400,000 Afghans entered Pakistan illegally since the return of the Afghan Taliban to Afghanistan in August 2021. There are another 700,000 Afghans identified who have been living in the country illegally.

Media reports suggest that 1.1 million Afghan refugees neither possess any visa nor any valid documents, allowing them to stay in the country. Most of these illegal refugees were involved in anti-state and criminal activities.

Therefore, they would be sent back at the earliest, said a report, adding the Afghan Taliban government was also informed about Pakistan’s decision.

Islamabad has hosted millions of refugees for decades, and at one point five million Afghan refugees were residing in Pakistan. 

Some estimates suggest there are still close to four million Afghan refugees living in Pakistan. However, the count of individuals possessing valid refugee cards, as per official records, is considerably lower.

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Pakistan

HEC announces Commonwealth Scholarships for masters, PhD

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In a positive development for students, the Higher Education Commission (HEC) has announced Commonwealth Scholarships for masters and PhD programmes for the year 2023. 

The Commonwealth Scholarship Commission in the UK (CSC) provides the UK government’s Commonwealth scholarship scheme led by international development objectives. 

The CSC has funded over 30,000 individuals to study in the UK and gain skills, acquire knowledge, and build networks to tackle global development challenges

Pakistan and Azad Jammu and Kashmir (AJK) students can apply for the scholarships till October 17 (Tuesday) on the CSC portal.

The HEC’s website said that 26 nominations are available for masters, 30 for PhD and 10 for teaching faculty PhD.

Applicants are advised to visit the links to apply for the masters, PhD and teaching faculty (PhD) scholarships. 

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