ISLAMABAD: The constitutional bench of the Supreme Court dismissed a review petition against the appointment of Qazi Faez Isa as the chief justice of the Balochistan High Court (BHC).
A six-member bench, headed by Justice Aminud Din Khan, on Thursday, heard 18 constitutional cases; some of them were filed more than a decade ago. It dismissed 15 petitions deeming frivolous and imposed fines totaling Rs60,000 to deter further baseless litigation.
The bench heard the pleas seeking rescheduling of the 2024 elections, for the disqualification of lawmakers with foreign business and assets, seeking a ban on government servants contracting marriages with foreign nationals, and suo motu initiated by former CJP Faez regarding the use of Islamabad’s Convention Centre for private events.
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The court postponed hearing in three other cases, including a petition challenging the appointment of Arif Alvi as president. It issued a re-notice to the petitioner after failing to confirm the initial service of notice.
Hearing petition of Advocate Riaz Hanif Rahi, the bench said that the plea has lost its relevance. A three-member bench headed by former Chief Justice of Pakistan Saqib Nisar had dismissed the original petition of Hanif Rahi.
During the proceeding, Rahi requested the bench to give him five minutes so he can present his case.
Justice Mussarat Hilali asked the counsel, “Leave Qazi [Faez Isa, ex-CJP] alone; adding this podium is not meant for political speeches.
Justice Jamal Mandokhel added; “This is a review, and the case cannot be reopened.” Rahi then referred Zulfiqar Ali Bhutto’s case, saying the court took the case after 40 years to decide it. Justice Hilali stated, “The Bhutto reference was a different case with different facts.”
Justice Muhammad Ali Mazhar said; “Counsel, you’re not listening. Why are you getting angry?”
Rahi responded that the court should first review the grounds for the appeal. He stated the chief minister was not consulted when QaziFaez Isa was appointed as chief justice of the BHC.
Justice Mandokhel told him to point out error in the decision and show us where the law states that consultation with the chief minister is mandatory. Justice Amin remarked that the consultation process can be informal as well. “Counsel, this approach isn’t correct; what is the legal question after reading paragraph 8?” He further said; “In my opinion, this baseless petition should be referred to the Pakistan Bar Council to address Hanif Rahi grievances.”
The bench, hearing a public petition against pollution, sought reports from all the four provinces, on measures taken to control air pollution, in three weeks.
The petition was filed by Nazir Ahmed and other residents of I-9 and I-10 in 2007 about environmental degradation causing asthma, respiratory infections, allergies and heart ailments since the establishment of industrial units, especially steel furnaces and marble units, in the Federal Capital Industrial Estate.
At the outset of the hearing, Justice Muhammad Ali Mazhar said the bench would review “all matters related to the environment”.
“Housing societies are being constructed at all places across the country,” Justice Mussarat Hilali lamented.
Justice Jamal Khan Mandokhel remarked that environmental pollution is not just Islamabad’s issue but of the whole country. He noted that the smoke emitted by vehicles was a “major reason” for the pollution. He questioned whether efforts have been made to prevent smoke?
Justice Naeem Akhtar Afghan observed that farms were vanishing “because of housing societies”, and ordered that farmers be provided with protection. “The nature has given us fertile land but everyone is hell bent on destroying it,” he remarked. “What are you leaving behind for your future generations?”
Justice Mandokhel, referring to the ongoing smog crisis in Punjab, said: “Look at Punjab’s situation. It’s visible to everyone.” He further said that there were “similar conditions” in Islamabad as well a few days ago.
Justice Mazhar questioned why is the Environmental Protection Agency not playing its role. He noted that the pollution issue has been ongoing since 1993 and “must be ended now”.
Justice Mandokhel noted that the entire country was facing a “serious environmental issue”. He observed that something is mixed in petrol that causes pollution.
Justice Hilali said there were poultry farms and marble factories at various points in Mansehra, adding a few beautiful locations in Swat have become victims of pollution too. The case was adjourned for three weeks.
Copyright Business Recorder, 2024
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