Stories about Supreme Court

Why are you celebrating, Nawaz Sharif? It’s not over as yet!

The long wait is finally over. The honorable judges have announced the verdict in the Panama Leaks case, and the overjoyed followers of Prime Minister Nawaz Sharif are distributing sweets under the assumption that their leader has been exonerated and declared innocent of any wrongdoing. Dear Nawaz Sharif, they are wrong. It was a split verdict, and you escaped by the skin of your teeth. Two out of the five judges ruled that you should be disqualified, because you are not “sadiq” (honest) and “ameen” (upright) as required by the Constitution. The other three judges stated that further investigation is ...

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Justice Hani: A goodbye to the harbinger of justice

In the year 2007, a 10-year-old boy sat within the stuffy walls of the Hyderabad prison, charged with his father’s murder. One can only imagine his frame of mind as he spent his days therein, surrounded by offenders averaging three times his age and boasting allegedly dark pasts. Little did he know that a surprise visit to the prisons was to shortly change his destiny. Alarmed at the little boy’s presence in what should have been a cell confined to male adults, Justice Amir Hani Muslim immediately ordered for the child’s transfer to the women’s prison alongside his mother, a ...

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Moving towards a trans-friendly Pakistan, finally

What a feeling it is when you just be yourself without having to be self-conscious about it. There’s not an iota of concern there. “I am who I am, I wear whatever I please and I express myself however I chose to,” thinks the person. I am not going to be shamed or persecuted by anyone, or entertain any fears about that happening. For many, a transgender, man or woman, it is but an idealised notion that is not always realised but is perhaps trending in the right direction now. In Peshawar, Pakistan, there was a birthday party for a 40-year-old transgender woman by the ...

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Panamagate: Why are offshore companies such a big deal?

So it has finally come to this; a new five-judge larger bench, daily hearings and two adversaries baying for each other’s blood. Back in December, after a flurry of preliminary hearings of Panama Papers, the larger bench of the Supreme Court of Pakistan had hinted that the formation of an inquiry commission was now a real prospect. The new larger bench announced that the proceedings would be held on a daily basis, after the court’s annual winter vacations have come to an end. With the ex-Chief Justice gone, having reached superannuation in December, there has been a new bench, with ...

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The 24th amendment does not benefit anyone but Nawaz Sharif

A few days ago, a blog published on this website argued that the proposed 24th amendment by the government was the correct political and legal step in the current environment. Firstly, the author claimed that due to the exceptionally high stakes in the current Panama leaks proceedings, it is necessary that Prime Minister Nawaz Sharif is allowed a chance to appeal in the case of an unfavourable decision. Secondly, it was asserted that the 24th amendment, all political considerations aside, was a legal necessity to ensure that the requirements of justice and a fair trial were guaranteed. I respectfully disagree on both accounts. It is pertinent ...

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Did the Supreme Court have the power to declare Schizophrenia a “recoverable disease”?

Soon after the release of the Supreme Court’s order on September 27th, 2016, the internet has been flooded with articles criticising the judgment in Imdad Ali’s case mainly on the grounds that the Court has declared schizophrenia to fall outside the scope of mental disorders and as a recoverable disease. While this may offer good news to schizophrenic patients stigmatised as mentally ill, it severely curtails their rights which they might otherwise have been given on account of their illness. On October 28th, Ali’s wife, Safia Bano filed a review petition in Supreme Court. While, the petition has been dismissed, Ali’s execution has been stayed ...

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In Pakistan, mental illness is diagnosed by a legal expert not a doctor

Every psych unit in the world teems with patients who confess a desire to do the morally unthinkable, or legally dubious. What separates them from the garden-variety criminal is their lack of control over their own thoughts and behaviours. Imdad Ali, a 50-year-old citizen convicted of murdering a cleric many years ago, is a known schizophrenic. His condition has been verified by a government psychiatrist, Dr Tahir Feroze, among others – who, reportedly, has also demanded pardon for Mr Ali on medical grounds. Schizophrenia is a condition characterised by hallucinations, illogical thoughts, and bizarre or even aggressive behaviour. The sub-type of ‘paranoid ...

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Of dirty politics, Cyril Almeida, Lal Masjid and Asia Bibi

The Supreme Court’s adjournment of Asia Bibi’s final hearing, the Lal Masjid warning of dire consequences of her release and Cyril Almeida, Dawn’s prominent columnist and purported inheritor of Ardeshir Cowasjee’s mantle, figuring on the Exit Control List, have all converged to test Pakistan’s status as a civil society based on the rule of law, equal protection of minorities, free speech and an independent press. The issue of Asia Bibi has no doubt inserted the government of Pakistan between a rock and a hard place, but it is precisely from where the present government can emerge with credibility or merely ...

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National Accountability Bureau: Accountable to nobody

On August 11, 1947, the father of our nation , called corruption “poison” in his speech to the constituent assembly. He said, “One of the biggest curses from which India is suffering, I do not say that other countries are free from it, but, I think our condition is worse – is bribery and corruption. That really is a poison. We must put that down with an iron hand.” He went on to say, “Along with many other things, good and bad, has arrived the great evil – the evil of nepotism and jobbery.” Unfortunately, we all have to agree, that in our country, corruption and bribery is ...

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Philippine’s Rodrigo Duterte: An effective leader or a despotic one?

Philippine’s President Rodrigo Duterte has been in the news for all the wrong reasons.  First, he has been accused of large scale human rights violation, where tens and thousands of people have lost their lives due to extra judicial killings, drug trafficking, rape, murder, arson and other related criminal activities. The second incident relates to an interview he had given, where, when asked how he would react if Barack Obama were to criticise him for extra judicial killings of over 1,000 persons involved in drug trafficking and other acts of crime, he responded with cuss words against the president. Although Duterte realised his faux pas and expressed regret over his ...

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