IHC declares Section 7 of Finance Act null and void
Justice Arbab Muhammad Tahir issued a detailed verdict on a petition challenging the amendment made to the Auditor General Ordinance 2001 through the Finance Act.
The ruling stated that the Constitution is the supreme law of the land and all legislation derives its authority from it. If any law exceeds its given powers or contradicts a constitutional provision, it is deemed beyond legal authority (ultra vires) and unconstitutional.
The judgment further stated that parliament enacts laws within the constitutional framework and that any legislation conflicting with the Constitution or its Parent Act is rendered ineffective.
For a law to be valid, it must be logical and clear and must not contradict general legal principles or Constitution.
The ¬court ruled that by-laws could be annulled if they are enacted in violation of legal procedures, contradict other laws or go against their parent legislation. By-laws that are ambiguous, unclear, unreasonable or illogical can also be declared void.
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Express Tribune
8 hours ago
- Express Tribune
Opposition alliance urges CJP to act on Rs300bn sugar scandal
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Express Tribune
16 hours ago
- Express Tribune
PTI alliance mobilises for August 5 'power show'
Listen to article The PTI under the auspices of an opposition parties' alliancethe Tehreek Tahaffuz Ain-e-Pakistan (TTAP)is going to launch its much touted protest movement against the "illegal" detention of PTI founder Imran Khan from tomorrow — Tuesday. According to the protest plan, August 5 — the day when Imran Khan was arrested from Lahore two years back in a corruption case — will be observed as a Black Day across the country. "On August 5 (tomorrow), a nationwide protest will be held under the flags of Pakistan, the PTI, and the white flag of peace," announced TTAP Secretary General Asad Qaiser in an emergency press conference held on Sunday at the PTI District Secretariat in Swabi. He said August 5 marks the completion of two years since Imran Khan's "illegal" arrest and the opposition will hold peaceful protests throughout Pakistan. Qaiser emphasized that the movement would remain entirely within the constitutional and legal framework and would be conducted in a peaceful manner. He said if there is any evidence against Imran Khan then it should be presented in an open court on merit so the nation can learn the truth. He claimed the judiciary is no longer independent, and that court decisions are now influenced by the executive. "Imran Khan is the most popular and dignified leader of this nation, who not only elevated Pakistan's image internationally but also gave the nation a vision," he added. "His legal and constitutional rights are being violated, which is a direct attack on democracy, the Constitution, and the rule of law." PTI's Shahram Khan Tarakai, who also spoke at the press conference, said on August 5, provincial organizations and elected assembly members will stage protests in various cities, adding that both the TTAP and the PTI are fully prepared. He stressed that the movement is not a temporary reaction but a sustained democratic struggle that will continue until its objectives are achieved. "Our movement is peaceful and we will once again prove that Imran Khan's supporters are law-abiding citizens who respect the Constitution." He further stated that their struggle is for the supremacy of the Constitution, protection of fundamental human rights, and judicial independence. "Every individual must raise their own voice for their rights — only then will they be heard." Asad Qaiser, who served as the National Assembly speaker during the PTI's rule, demanded that judges ensure justice by delivering verdicts on merit in open courts with media presence. He called for the formation of a judicial commission to investigate the events of May 9 thoroughly, and for those found responsible to be punished in accordance with the law. He also questioned the weakening state of parliament, noting that now a government official deletes words from members' speeches, "which reflects the degradation of the speaker's role". Qaiser said the party would soon decide whether or not to remain part of the current parliamentary system. He demanded transparent judicial proceedings in all pending cases in the Islamabad High Court concerning Imran, his wife Bushra Bibi, and other party leaders, with full protection of their legal and constitutional rights. Speaking at a rally in Buner as part of the protest movement, PTI Chairman Gohar Ali Khan said political tensions escalated nationwide after the events of May 9 and have yet to subside. "Our members have been subjected to legal cases, punishments, and disqualifications. PTI's MPAs, MNAs, and Senators are being declared ineligible, which is only adding fuel to the fire," he added. He said the demand for the release of Imran is the voice of 70% of the people, the voice of 170 million citizens. "This voice cannot be suppressed any longer because the voice of the people is the voice of democracy," he said. The PTI has finalized its plan of action for the August 5 protest, according to the instruction of Imran Khan. Instead of marching toward Islamabad or holding a central rally, it has been decided that protests will be held in every district. In Peshawar, a rally will be taken out from Hayatabad Toll Plaza to Qila Bala Hisar, which will continue into the night. In Peshawar and Khyber districts, a rally will begin at 3:30pm from Hayatabad Toll Plaza on Ring Road and proceed to Qila Bala Hisar, led by Chief Minister Ali Amin Gandapur. In Swabi, participants will gather at the Ambar Interchange, and a one-day protest will be held. The protest will start at 3:30 pm and continue until Isha prayers. In Nowshera, party workers will gather at Khairabad, Nowshera and also hold a one-day protest, beginning at 3:30pm and continuing until Isha prayers. All members of the National Assembly and the K-P Assembly and ticket holders have been instructed to record videos of their gatherings from their Hujras, Deras, or starting points and submit these to their respective district organizations, which will then forward them to the regional leadership.
Business Recorder
a day ago
- Business Recorder
Police arrest former AJK premier Abdul Qayyum Niazi
Former Prime Minister of Azad Jammu and Kashmir (AJK) and a leader of Pakistan Tehreek-e-Insaf (PTI), Sardar Abdul Qayyum Niazi, has been arrested by police from the Samahni area of Bhimber. He was 'illegally taken into custody' while he was heading to address a public rally in AJK on Sunday, the PTI said in a statement on its Facebook page. AJK Police arrested the former PM near Jhandi Juntra while he was travelling from Samahni to attend a rally in Bhimber. On this occasion, a scuffle also broke out between police and PTI workers. PTI launches 90-day 'do or die' movement Aaj News cited sources as saying that Niazi was participating in a public contact campaign to mobilise support for a rally to be held in Lahore on August 5, aimed at securing the release of PTI founding chairman Imran Khan. Sources said that after being taken into custody, the former AJK premier was transferred to Mirpur. The arrest of the PTI AJK President has increased concerns about the potential for further arrests of party leaders and the possibility of police blocking PTI convoys from travelling to Lahore. Police said arrest warrants were issued against Niazi two days ago in connection with the May 9 riots. The PTI leader was facing more than 11 cases, they added. Jailed Imran Khan's sons likely to join rally demanding his release On July 31, in a post on X, the ex-AJK PM wrote: 'The issuance of arrest warrants against the central and provincial leadership of Pakistan Tehreek-e-Insaf before the August 5 protest is apparently a planned political revenge. 'Targeting dozens of leaders is a blatant insult to the Constitution, law, and democracy. This approach is a moment of reflection for the credibility of state institutions and public trust.' Niazi has served as the 13th prime minister of AJK from August 4, 2021, to April 14, 2022.
