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Latest Judgments (All Jurisdictions within Pakistan)
MUHAMMAD ASHRAF TIWANA VS PAKISTAN
Summary: Summary pending.
GHULAM MUSTAFA WASEEM THROUGH BASHIR AHMED VS THE STATE
Summary: Summary pending.
Muhammad Ashraf Tiwana v. Pakistan through Secretary M/o Finance, etc
Summary: The selection and appointment of respondent no. 4, Muhammad Ali Ghulam Muhammad, as Commissioner and Chairman Securities and Exchange Commission of Pakistan ("SECP") does not meet the requirements of the Securities and Exchange Commission of Pakistan Act 1997 ("the Act") and the Federal Government shall, without delay, make appointments to statutory positions in SECP which meet the requirements of the Act; the insertion of section 5(5) in the Act through the Finance Act 2003 was violative of the Constitution and in particular Article 73 thereof; and Clause 3(1) of Chapter 11 of the SECP Service Rules (HR Handbook), which allow for termination simpliciter (without cause) of employees of SECP, is ultra vires the Constitution and inter alia, the Act, and must be replaced appropriately by provisions ensuring due process and adherence, inter alia to Articles 9, 10A, 14, 18 and 25 of the Constitution and which are consistent with the provisions of the Act ensuring independent and objective decision making without fear or favour, required of an independent regulator. --- The court, in response to a petition challenging the termination of the petitioner's employment at the Securities and Exchange Commission of Pakistan (SECP), examined the legal basis for such terminations. The court emphasized that the SECP, as a regulatory body, holds discretionary powers for hiring and firing its employees, as outlined in Section 8 of the SECP Act. The court scrutinized the delegation of authority, stating that certain decisions, particularly those related to the termination of employees, should be made by the SECP as a collective and deliberative body.The court also analyzed the SECP's HR Handbook, pointing out that the term "competent authority" in termination orders did not refer to the SECP itself. It emphasized that the power to terminate employees, being a discretionary function, cannot be delegated to individuals or authorities other than the SECP.Furthermore, the court delved into specific cases of high-profile inquiries conducted by the SECP, expressing concerns about the SECP's failure to pursue these investigations diligently. It highlighted instances where legal opinions recommended criminal prosecutions but were not acted upon, raising questions about the SECP's performance of its regulatory duties. The court also criticized the termination clause in the HR Handbook, declaring it ultra vires the Constitution and the SECP Act, urging the replacement of such clauses with provisions ensuring due process and adherence to constitutional rights.The court directed the Securities and Exchange Policy Board to conduct an inquiry into the SECP's performance and submit a report within 45 days. Additionally, it suggested the need for transparent and fair processes in senior appointments within public bodies to eliminate arbitrariness and nepotism.
NASIR GULZAR vs Mst NABEELA GULZAR and 3 others
Summary: Summary pending
COMMISSIONER INLAND REVENUE vs AMEER ABDULLAH KHAN ROKHARI
Summary: Summary pending
COMMISSIONER INLAND REVENUE MULTAN vs Messrs BANK ALHABIB LTD
Summary: Summary pending
AHMAD GULAPPCLLANT VS THE STATE
Summary: Summary pending.
MUHAMMAD QASIM ALIAS UMAIR VS THE STATE
Summary: Summary pending.
QAISAR SHAH VS THE STATE
Summary: Summary pending.
AHSAAN AZEEM TWO VS THE STATE ETC
Summary: Summary pending.