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India-Pakistan
SC dismisses review appeal against acquittal of accused in Mukhtaran Mai gang-rape case
2019-06-16
[TRIBUNE.PK] The Supreme Court on Thursday dismissed a review appeal filed by Mukhtaran Mai against the acquittal of 13 people accused in the gang-rape case.

A three-member bench headed by Justice Gulzar Ahmed announced the decision. The court also stated that the points raised in the petition may be looked at in another case.

Justice Ahmed advised that the petition should be shortened and said: "Shorten the review petition or it will drag on for 10 years."

Mai’s lawyer, Aitizaz Ahsan, informed the court that the Lahore High Court (LHC) in its 2005 verdict had stated that no injuries resulting from a sexual assault were visible even though witness statements said otherwise.

In June 2002, Mai was gang-raped on orders of a ’panchayat’ as punishment after her younger brother was accused of illicit relations with a girl from a rival tribe.

In August 2002, an anti-terrorism court awarded death penalty
to six out of 14 identified by Mai ‐ four were sentenced for rape while two were awarded capital punishment for being part of the village council. The ATC released eight others.

In March 2005, five convicts were acquitted by a Lahore High Court bench while one’s sentence was converted into life imprisonment.

The acquittal was challenged in the apex court. A three-judge bench headed by Justice Mian Shakirullah Jan and comprising former CJPs Nasirul Mulk and Mian Saqib Nisar upheld LHC decision and rejected the appeal in its April 2011 verdict.

Mai filed a review petition against the judgment in May 2011. In her review petition, Mai has pleaded that the court should review and recall the judgment and grant relief as prayed in the appeal. She had also requested the court to constitute a larger bench to hear her petition, contending that she is aggrieved of and dissatisfied with the findings of the court.

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India-Pakistan
Military courts cannot try civilians except charges of sedition: SC
2009-05-15
ISLAMABAD: A three-member bench of the Supreme Court on Thursday ruled that the Court Martial could try civilians only if they are guilty of or attempt to commit sedition and mutiny.
This is Pakistain, buddy, don't tell the military what they can't do ...
The SC gave the judgement in response to two appeals filed by Ghulam Abbas and Muhammad Saleem, who were sentenced and convicted by the Field General Court Martial (FGCM), Rawalpindi on charges of petrol theft. A single bench of the Lahore High Court had dismissed the writ petitions against the decision on March 29, 2006.

The appellants had signed a contract with the Pakistan Air Force officials for the carriage of jet petroleum (JP-4) from Karachi to various PAF bases. With the passage of time, it was found that the seals of the tankers were broken and the fuel was sold with the connivance of some PAF officers. The PAF officers were also tried for the theft under Section 52 of the PAF Act 1953, while the appellants were tried under Section 37 (e) of the Act for “endeavouring to seduce the officers of the PAF from their duty”.

On September 30, 2002, Saleem was sentenced to 25 years of rigorous imprisonment, subsequently reduced to 20 years. Abbas was sentenced to 23 years of rigorous imprisonment on February 8, 2003. The SC bench consisting of Justice Sardar Raza Khan, Justice Mian Shakirullah Jan and Justice Nasirul Mulk set aside the sentence against the appellants, holding that the sentence was awarded coram non judice and a nullity.
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India-Pakistan
Supreme Court orders school on Jamia Hafsa site
2007-08-29
The Supreme Court (SC) on Tuesday told the government to build an educational institution on the site of the demolished Jamia Hafsa, and questioned as to why the government had tolerated a madrassa built on encroached land for years.

A four-member bench of the SC comprising Justice Javed Iqbal, Justice Fakir Muhammad Khokhar, Justice Mian Shakirullah Jan and Justice M Javed Buttar heard the suo motu case of the Lal Masjid and Jamia Hafsa operation.

Interior Secretary Syed Kamal, Islamabad Deputy Commissioner Chaudhry Muhammad Ali, and the Interior Ministry’s National Crisis Management Cell Director General Brigadier (r) Javed Iqbal Cheema appeared in court. “Why did the Capital Development Authority (CDA) turn a blind eye [to the madrassa] despite having a huge army of employees?” asked Justice Javed Iqbal in response to the arguments of respondents, who contended that a sizable portion of the madrassa was built on encroached state land.

The court told the authorities to address the grievances of the families of those killed in the operation. The Interior Ministry was also directed to speed up the process of DNA testing to identify the dead.

Kamal told the court that all those arrested during the Lal Masjid operation had been released except for head cleric Maulana Abdul Aziz and his daughter Tayyaba Dua. He also told the court that Dua would be released as well. He said 42 bodies had so far been identified by DNA testing and 20 remained.
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India-Pakistan
SC dismisses former ISI chief's petition
2007-03-06
The Supreme Court on Monday dismissed a constitutional petition filed by former Inter Services Intelligence chief Gen (r) Hameed Gul asking the court to order an inquiry into an attack by US-led forces in Afghanistan in the Shawal area in North Waziristan Agency.

The petition, filed under Article 184(3) of the Constitution, also asked the court to order the government to give compensation to the family of the Pakistani soldier killed in the incident, and to halt military operations “against the people of the tribal areas”. However, a five-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Abdul Hameed Dogar, Justice Khalilur Rehman Ramday, Justice Muhammad Nawaz Abbasi and Justice Mian Shakirullah Jan, unanimously dismissed the petition on the grounds that the tribal areas do not come under the jurisdiction of the Supreme Court. The bench also objected that Gen Gul had no locus standi to file the petition, as he is not a resident of the tribal areas.

Advocate Muhammad Ikram Chaudhry, Gen Gul’s lawyer, told reporters after the hearing that former MNA from FATA Haroon Rashid would now move a similar petition on behalf of the people of the tribal areas. The counsel in his preliminary arguments submitted that the people of FATA were citizens of Pakistan and it was the government’s responsibility to protect their lives and property.
Ah, there was the trap the court avoided. If the people of FATA are citizens of Pakistan, it means the government is responsible for a lot of stuff that happens there.
Besides Gen Gul, MMA leader Qazi Hussain Ahmed and MNAs from the tribal areas also attended the hearing.
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India-Pakistan
Petition against Qazi dismissed
2007-01-13
The Supreme Court on Friday dismissed a petition against Muttahida Majlis-e-Amal President Qazi Hussain Ahmed. The petition accused Qazi of selling party tickets for the last Senate election and approving disproportional nominations, leaving room for horse-trading in the NWFP Assembly. A three-member bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan and Justice Saiyed Saeed Ashhad rejected the arguments of the petitioner, Shahid Orakzai, and dismissed the case.
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India-Pakistan
Pak SC seeks legal avenues to ban blasphemous cartoons worldwide
2006-03-14
The government has blocked all websites that carry caricatures of the Prophet Muhammad (ptui pbuh) on the Internet, and the attorney general has been asked to explore legal avenues for implementing a global ban on these sites. A three-member bench, consisting of Chief Justice Iftikhar Mohammad Chaudhry, Justice Javed Buttar and Justice Mian Shakirullah Jan, issued notices and directed the attorney general to inform the court next Monday as to how it could prevent access to such objectionable material on the internet worldwide.
At which point were Pak primitives put in charge of the internet? Did we miss something?
The bench was jointly hearing the petition of Dr Mohammad Imran Uppal and Maulvi Iqbal Haider, seeking a complete blockage of sites carrying the cartoons and their depictions.
It's their country. They can be as stoopid as they want within their own borders. The caliphate doesn't own the rest of the world, though, regardless of how much they covet it.
Iftikhar Rashid, chairman of the Pakistan Electronic Media and Regulatory Authority (PEMRA) and Pakistan Telecommunication Authority (PTA) Chairman Shahzada Alam Malik were also present in court. The federal government, the Telecommunications ministry, PEMRA, PTA, Yahoo Incorporated USA and 1&1 Co, the host of websites carrying the cartoons, are respondents in Imran Uppal’s petition. Advocate Qamar Afzal stated in his arguments that the availability of the caricatures on the Internet, which have hurt the religious sentiments of Muslims worldwide, should be declared “intellectual terrorism”.
Not unless it causes people's heads to explode. Everybody with a turban is just as eager as can be to redefine terrorism to suit their own preferences, it seems...
Maulvi Iqbal Haider stated that though the site had been blocked, the sacrilegious cartoons could still be accessed through various search engines. Advocate Ibrahim Satti, counsel for Iqbal Haider, also stated that an FIR on the availability of the sacrilegious material under blasphemy laws had not been registered by the concerned police station, despite the court’s orders.
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India-Pakistan
Top Pak Court Orders Blocking of Blasphemous Websites
2006-03-04
The Supreme Court of Pakistan has ordered complete blocking of all websites that displayed caricatures depicting the Prophet Muhammad (peace be upon him) and directed the government to ensure the Internet providers strictly comply with the verdict of the highest court.
That'd be us, I guess. Goodbye, any readers we have in Pakland...
The verdict came in response to a petition filed by Dr. Imran. The three-judge bench comprising Chief Justice of Pakistan Justice Iftikhar Chaudhry, Justice Faqir Muhammad Khokhar and Justice Mian Shakirullah Jan delivered the verdict. The Supreme Court issued notices to Pakistan Electronic Media Regulatory Authority (PEMRA) and Pakistan Telecommunication Authority as well as the attorney general of Pakistan to ensure that the blasphemous sites are blocked.
I guess you can do that in a dictatorship. It's the way they try to keep the rubes in line.
Meanwhile, a local lawyer, Iqbal Haider, lodged a criminal case with Secretariat Police Station against the editor-in-chief of Jyllands-Posten and the editor-in-chief of France’s Soir newspaper for publishing the blasphemous caricatures.
Right. Go arrest them.
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India-Pakistan
SC directs IGs to stop marriages for compensation
2006-02-25
The Supreme Court on Friday directed the inspectors general of police (IGPs) of the four provinces and the Northern Areas to stop women’s marriages to settle family feuds, declaring the customs of Vani and Swara un-Islamic. A three-member bench consisting of Chief Justice Iftikhar Muhammad Chaudhry, Justice Faqir Muhammad Khokhar and Justice Mian Shakirullah Jan directed the IGPs to protect Vani victims. The court also summoned a report from the IGPs by the last week of April.

The court was moved to abolish the social customs of Vani and Swara (a mode of dispute settlement in which young girls of the offender’s family are wedded to the men of the victim family as compensation). The court also heard the cases of five girls from Mianwali who have appealed to President Pervez Musharraf and the chief justice to save them from Vani, and a petition by freelance anthropologist Samar Minallah against the notorious customs. Five girls – Asiya, 8, Amina, 9, her sisters Abida, 7, Sajida, 5, and Fatima, 7 – were given in verbal Nikah in compensation of a murder to save their elders. Amina, Sajida and Abida have reportedly threatened to commit suicide if not protected from the custom.
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