Latest news with #MohsinAkhtarKayani
Business Recorder
10-07-2025
- Politics
- Business Recorder
SC decision on transfer of judges to IHC challenged
ISLAMABAD: The judgment of the constitutional bench of the Supreme Court on transfer of judges to the Islamabad High Court (IHC) has been challenged. The Lahore Bar Association, Lahore High Court Bar Association on Wednesday filed intra court appeals (ICA) against the five-judge verdict under Section 5 of the Supreme Court (Practice and Procedure) Act, 2023, read with Article 184(3) of the Constitution. The petitioners prayed that the impugned order passed by the constitutional bench dated 19-06-2025 be set aside and allow the constitution petition No27/2025. The Constitution Bench on June 19, 2025 by majority of 3 to 2 held that transfer of judges under Article 200 is within the framework of the Constitution, and transfer (permanently or temporarily) cannot be construed as a fresh appointment. The IHC five judges – Justice Mohsin Akhtar Kayani, Justice Tariq Mahmood Jahangri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Rafat Imtiaz, Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, Karachi, Lahore and Islamabad High Court Bar Associations had filed the petitions against the transfer of three judges namely, Justice Sardar Muhammad Sarfraz Dogar from Lahore High Court (LHC), Justice Khadim Hussain Soomro from Sindh High Court (SHC), and Justice Muhammad Asif from Balochistan High Court (BHC) under Article 200 (1) of the Constitution. The apex court without upsetting the notification of transfer of judges in the IHC remanded the matter of seniority to the President of Pakistan to determine the seniority after examining/vetting the service record of the transferee judges as soon as possible, including the question of whether the transfer is on a permanent or temporary basis. The petitioners contended that the impugned order is against the constitution, law and all rules of fairness and thus void, without jurisdiction, coram non judice, having been passed without lawful authority and is thus of no legal effect. They submitted that all orders passed, actions taken, notifications issued, including the determination of seniority of judges and subsequent proceedings of the Judicial Commission of Pakistan (JCP) in relation to the appointment of the Chief Justice of the IHC are all void and unconstitutional and of no legal effect. The said order and the notifications and the appointments were purportedly made in pursuance of the directions given the impugned order. It is the case of the Appellant that the impugned order is unconstitutional and void and thus all orders and actions taken in pursuance thereof are also void and unconstitutional and of no legal effect. They stated that a constitutional document is to be read as a whole to understand the underlying constitutional values, principles and objectives. Copyright Business Recorder, 2025
Express Tribune
09-07-2025
- Politics
- Express Tribune
IHC orders girl's Poland visit to meet mother
The Islamabad High Court (IHC) on Wednesday directed a citizen to take his daughter to Poland to meet her mother, in a case involving a custody dispute. Justice Mohsin Akhtar Kayani issued the order while hearing a petition filed by the girl's Polish mother, Anna Monica, who is seeking custody and visitation rights for her daughter. The court also sought records regarding prior attempts to facilitate online meetings between the child and her mother, noting that such contact had been denied. The petitioner's lawyer told the court that despite repeated efforts, the father had not arranged any virtual meeting through WhatsApp or other platforms. In response, the father's counsel argued that a trial court had already dismissed the mother's custody plea and that the father was restricted from travel due to his inclusion on the no-fly list. Justice Kayani, however, made it clear that the child must be allowed to meet her mother and emphasized the court's intention to handle the case impartially. He observed that children are the real victims in parental disputes and reiterated that the court cannot resolve personal matters between spouses, only ensure that the rights of the child are protected. The judge remarked that if the girl spends time with her mother, she would eventually adjust to the situation. He directed the Federal Investigation Agency (FIA) not to obstruct the father's travel to Poland and emphasized that while the father is free to go wherever he wishes, he must not mislead the court. The hearing was adjourned until September.
Express Tribune
01-07-2025
- Express Tribune
Life sentence overturned in child rape case
The Islamabad High Court has overturned a life sentence awarded in a child abduction and rape case, acquitting the convict on the basis of reasonable doubt. Justice Mohsin Akhtar Kayani issued a detailed verdict nullifying the trial court's decision, which had sentenced the accused, Saleem Ghouri, to life imprisonment along with a fine of Rs50,000. According to the judgment, inconsistencies in the handling and custody of forensic evidence undermined the prosecution's credibility. Additionally, the conduct of key prosecution witnesses and the complainant was deemed unreliable.
Express Tribune
29-06-2025
- Politics
- Express Tribune
IHC orders abolition of CDA
The Islamabad High Court (IHC) on Saturday ordered the federal government to dissolve the Capital Development Authority (CDA) and transfer all its powers and assets to the Metropolitan Corporation Islamabad (MCI). In a detailed verdict, Justice Mohsin Akhtar Kayani ruled that the CDA has no legal authority to impose taxes. The court further declared that any amount collected by the Authority from individuals or institutions under the guise of "Right of Way" or direct access charges must be refunded. The federal government was instructed to initiate and complete the process of dissolving the CDA and transfer all its powers and assets to the Metropolitan Corporation Islamabad (MCI). The judgment emphasised that the rights of Islamabad's citizens must be protected under the law. The ruling was issued in response to a petition filed by Taj Residencia Housing Society and its residents. The court also declared SRO dated June 9, 2015 — regarding CDA's right-of-way and access charges — null and void, along with all actions taken under it, labeling them as illegal. Any funds collected under this SRO must be returned. Justice Kayani noted that the CDA Ordinance was originally enacted to establish the federal capital and oversee its development, but due to evolving governance structures and new laws, its practical relevance has ended. The original objectives of the CDA have been fulfilled, and it is now appropriate for the government to formally dissolve the authority. The court also directed that following the transfer of powers, the Islamabad administration must operate in a transparent and accountable manner. The judgment reaffirmed that Islamabad's entire administrative, regulatory, and municipal framework is governed by the Local Government Act, which mandates that no tax could be imposed without the approval of the elected local government. Therefore, CDA lacks any legal authority to levy taxes. It is worth noting that CDA had imposed right-of-access charges on petrol pumps and CNG stations, and direct access taxes on private housing societies for connecting to main roads. These charges were challenged in the IHC, resulting in this significant decision. Rains prompt monsoon action On the other hand, the CDA has finalised a special action plan for the monsoon season and issued a notification outlining the responsibilities of all relevant departments to ensure effective implementation. On the instructions of CDA Chairman, Member Administration Talat Mehmood has been assigned to oversee the plan. According to the notification, special teams will be deployed following a survey of illegal basements and low-lying areas. Flood relief camps and other safety measures will be established to handle any emergency situations. A Flood Relief Cell will remain operational from July 1 to September 30, headed by the Director of Emergency and Disaster Management. A dedicated helpline will also be set up, and assistance will be available via rescue and fire brigade services. Heads of relevant departments will appoint focal persons at the relief camps. The sanitation department will operate under the authority of the relief camps. A special operation will be launched against makeshift houses and illegal constructions.
Business Recorder
28-06-2025
- Business
- Business Recorder
Dissolve CDA, transfer powers to MCI, IHC tells govt
ISLAMABAD: The Islamabad High Court (IHC) on Saturday directed federal government to dissolve Capital Development Authority (CDA) and transfer all of its assets, powers and duties to Metropolitan Corporation Islamabad (MCI). The High Court also declared the CDA's move to impose right-of-way charges in return for providing direct access to petrol pumps and CNG stations from major highways as illegal. Justice Mohsin Akhtar Kayani issued a written judgment. CDA, MCI directed to address issues facing street vendors/stallholders The court declared the CDA's SRO on right-of-way and access charges null and void and said that the federal government should initiate and complete the process of dissolving CDA. All powers and assets should be transferred to MCI. The written decision states that all the steps of the CDA under the SRO are declared illegal, if the CDA has received any money from anyone under the SRO, it should be returned. The Islamabad High Court said that the CDA Ordinance was enacted for the development works, the practical usefulness of the CDA Ordinance has been lost with the new laws and governance. The court said that it should be ensured that after the transfer of powers, the Islamabad administration is transparent and accountable, the protection of the rights of the citizens of Islamabad should be ensured under the law, and all administrative, regulatory and municipal framework of Islamabad works under the Local Government Act. The written decision states that the Islamabad Local Government Act is a special law for governance through elected representatives. According to the law, taxes cannot be imposed without the approval of the local government. The CDA has no legal authority to impose taxes. It should be noted that the CDA had imposed a right of access tax on petrol pumps and CNG stations. In addition, a direct access tax was imposed on housing societies from the main highway.
