PESHAWAR: Women lawyers and litigants in the NWFP have expressed concern over gender discrimination in the judicial system and demanded federal and provincial governments provide them basic facilities in courts.
“There are no separate toilets, water coolers and shelters for women litigants in lower and districts courts and the Peshawar High Court (PHC). The government can provide these facilities under the ‘Access to Justice Programme’ of the Asian Development Bank,” women lawyers told Daily Times on Wednesday.
Under the programme the PHC has approved worth Rs 1,400 million 19 projects. Out of them eight projects have been completed, one abandoned and 10 projects are under way but there is no project to provide basic facilities to women lawyers.
Advocate Tehmina Mohibullah, the Pakistan Jurists Association vice president, said that on the one side the judiciary had given the benefit of tradition to accused in some cases, while on the other hand it had ignored basic facilities for women. She said separate toilets, washrooms and shelters for women even existed in non-Muslim countries, but in Pakistan being a Muslim state such facilities were not available.
Opposing male judges in family courts, she said women litigants did not feel comfortable in front of a male judge and would not openly discuss their problems. She condemned the attitude of senior lawyers towards young women graduates. She said because of their harsh treatment and lack of support only a few women could get licenses. Advocate Neelam A Khan said there was no library for them where they could study their cases comfortably. She demanded the provincial and central governments provide them a separate library. She demanded equal opportunities for women in appointments of judges in lower, sessions, higher and apex courts.
Advocate Mussarat Hilali, the Human Rights Commission of Pakistan (HRCP) member, said that women lawyers time and again demanded the PHC chief justice provide them basic rights under the ADB sponsored programme and involve them in the programme to address litigants’ problems. She said that despite their repeated demands, they had not received any response from the chief justice. She said in family courts appointment of female judges was necessary because women who had filed their cases of khula and divorce could not openly explain their problems to male judges. She said women judges should not be restricted only to female cases but be given a chance in civil cases and other matters to maintain their higher positions in the country’s judicial system, she added.
PESHAWAR: Four members of the provincial assembly (MPAs) of NWFP, who were expelled from the Jamiat Ulema-e-Islam-Fazl (JUI-F) for violating party discipline during the senate elections have challenged their resignations from parliament issued by the NWFP assembly speaker at the Peshawar High Court.
Maulana Dildar Ahmed, Gor Saran Lal, Rukhsana Raz and Yasmeen Khalid submitted their petitions on Tuesday, through Advocate Muhibullah Kakakhel at the PHC, wherein they made the NWFP assembly speaker, provincial assembly secretary, the chief election commissioner of Pakistan, the NWFP election commissioner and the secretary of Election Commission of Pakistan respondents.
In their petitions, they stated that the resignations issued from the NWFP assembly secretariat were fake and were not in accordance with Article 64 of the constitution because they were not in the handwriting of the petitioners. The issued resignations were neither signed nor handed over by them to the speaker themselves, the expelled MPAs stated in their petitions. The issued resignations, they claimed, were also against Article 50 of the NWFP assembly’s Procedure and Conduct of Business Rules 1988 in which a procedure was stated for rendering and acceptance of resignations of MPAs. Thus, the impugned resignations and notification of March 25 were a fraud with the petitioners and the constitution, they stated.
The petitioners said that it was an established norm that a resignation had to be voluntary, genuine and intended to vacate the seat. It must be a voluntary act by the person submitted with the intentions to relinquish, relieve or quit. The petitioners claimed that the probe committee, after recording their statements, asked them to write their names on a blank paper at the bottom so that the grievances of each member could be written over their names and sent to the chief minister.
The Supreme Court of Pakistan had also ruled that resignations obtained by any person, politically or officially in authority, and not from the members and delivered to a third party could not be justified by any principle of law, morality or ethics, they said in their petitions. They said that party chief Maulana Fazlur Rehman and JUI-F secretary, Maulana Gul Naseeb, after the elections, stated on the record that all the 39 JUI-F MPAs voted in favour of the MMA panel in the Senate elections and none of the votes was sold out.
Date:
2006-03-29
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Member Provincial Assembly bringing her child to the Provincial Assembly
20 Dec,2008
Geo News
http://www.geo.tv/12-20-2008/u51957.htm
Date:
2008-12-20
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Court admits pleas of former MPAs: Controversial resignations
PESHAWAR, April 26: The Peshawar High Court on Wednesday admitted writ petitions of four former MPAs of the Muttahida Majlis-i-Amal challenging contentions about their resignations and their acceptance by the NWFP Assembly speaker.
A two-member bench, comprising Chief Justice Tariq Pervez Khan and Justice Raj Mohammad Khan, extended the interim relief earlier granted to two of the petitioners, Maulana Dildar Ahmad and Gorsaran Lal, and restrained the respondents, including the chief election commissioner, from taking any action against them.
The bench, however, declined to grant any interim relief to the other two petitioners, Rukhsana Raz and Yasmeen Khalid, as the CEC had notified two other women as MPAs on the two seats fallen vacant after the resignations.
While admitting the petitions, the PHC bench observed that the points raised by the petitioners needed to be worked out.
The petitioners’ counsels stated that the comments filed by the respondents did not indicate that the speaker had not inquired into the matter as per rules.
Advocate Yahya Afridi appeared for Maulana Dildar whereas Mian Muhibullah Kakakhel represented three other petitioners.
Mr Kakakhel argued that the speaker had to verify the resignations of an MPA before declaring his seat vacant.
He referred to article 64 read with article 127 of the constitution stating that the resignation tendered by an assembly member should be in his/her handwriting carrying his/her signature.
Justice Pervez inquired whether question of facts was not involved in the petitions as the speaker in his comments had stated that the resignations carried the MPAs’ signatures and he had verified the same with the assembly record.
Mr Kakakhel stated: “In various judgments of superior courts, it was ruled that the speaker should satisfy himself about genuineness of the resignation and has to confirm that it has been submitted by the member voluntarily and not under duress.”
He cited a judgment of the Peshawar High Court delivered in 1992 in the cases of two MPAs, Munawar Khan and Rehmatullah Khan, who were expelled from the Awami National Party and their resignations were accepted by the speaker.
The high court had set aside the notifications of declaring their seats vacant in that case and observed that resignation should be submitted voluntarily.
Mr Kakakhel argued that the case of the present petitioners was identical to that case as the MPAs had stated that they had never submitted resignations.
The bench asked him how it was identical as in the 1992 case, the speaker had clearly stated that the resignations were delivered not by the two MPAs in person but by ANP leaders Fareed Toofan and Abdul Raziq Khan whereas in present case the speaker had not confirmed that the resignations were not personally submitted by the petitioners.
The counsel stated that in the 1991 case, the high court had restored the membership of the ANP MPAs. “Our case is on stronger footings as the four petitioners have never confirmed submitting their resignations,” he added.
http://www.dawn.com/2006/04/27/nat4.htm
Date:
2006-04-27
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Mahtab Khan's detention challenged in Peshawar High Court
PESHAWAR: Former NWFP chief minister Mahtab Ahmed Khan's detention was on Tuesday challenged in Peshawar High Court (PHC) through a writ petition.
Sardar Ishtiaq, brother of the deposed chief minister of the Frontier province, moved the PHC to seek the court's ruling on Mahtab's arrest by the National Accountability Bureau in connection with "corruption charges."
The petitioner stated that his brother was detained for the last 10 days. "His detention is violative of the Constitution," it said.
The petition also claimed that the NAB Ordinance was in conflict with the Article 8 of the Constitution. Ishtiaq prayed the court that his brother be freed.
He alleged that there was no charge against Mahtab "Despite the passage of 10 days, the authorities failed to bring any charge against him."
The petitioner contended that no FIR was lodged against the deposed chief minister and that he was "kept at a police station. Because of strict security measures, nobody including his counsel, as allowed to meet Mahtab, which is violation of the Constitution." Advocate Mian Muhibullah Kakakhel filed the petition on behalf of Sardar Ishtiaq.
Date:
2000-01-05
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Peshawar lawyer to run for president
Staff Report
PESHAWAR: Mohibullah Kakakhel, former president of the Pakistan Jurists Association and senior member of the Peshawar High Court Bar Association (PHCBA), on Tuesday announced that he would contest the presidential election against President General Pervez Musharraf.
Addressing a press conference at the Peshawar High Court Bar Room, Kakakhel said that he was the first person to challenge Musharraf for the presidential election, and claimed that several members of the National and provincial assemblies supported his candidature.
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Peshwar High Court Bar demands FIR against Bugti’s killers
PESHAWAR: The Peshawar High Court Bar Association members on Monday condemned the killing of Nawab Akbar Bugti and his associates and demanded that the Baloch leader’s “killers” be put to trial.
The bar association would observe a 15-day mourning by hoisting a black flag over the building of the Peshawar High Court from today (Tuesday), the association said in a statement issued after their meeting on Monday. Calling Bugti a “national hero” and “shaheed”, the members denounced President General Pervez Musharraf for congratulating the armed forces on their “successful operation”.
Bugti’s murder was unjustified, said Qazi Mohammad Anwar, who had requisitioned the meeting. Pakistan has become a country, Anwar said, “where traitors are made heroes and heroes become traitors at the hands of dictators”. He said that the killing was a “strong blow to the integrity of the country”.
The association demanded that a case be filed against Bugti’s killers.
“It is resolved that an FIR be lodged for the murder of Bugti and his companions against those responsible for the gruesome act so that they can be tried and brought to justice.” Barristers Masood Kauser and Mian Muhibullah Kakakhel said that “the FIR should directly be filed against President Musharraf” in the murder case.
The president of the bar association, Attique Shah, said that it was unfortunate that our rulers were making peace with enemies but were not willing to resolve their domestic disputes diplomatically. The meeting was also addressed by Abdul Latif Afridi, Masood Kausar, Muazzam Butt and Qaiser Rashid Khan.
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Lashkar-e-Islam (LI) leader secures release on bail in kidnapping case
PESHAWAR: The Peshawar High Court (PHC) on Friday released a deputy to Lashkar-e-Islam (LI) chief on bail who was charged by rival group Ansarul Islam in kidnapping of its leader some two years ago.
A PHC single bench headed by Chief Justice Tariq Pervez Khan when took up the bail petition of Hashim Khan, his lawyer Mohibullah Kakakhel submitted that Dr Gul Asad of Ansarul Islam had registered First Information Report (FIR) against the petitioner in Pahari Pura police station on May 16, 2006 for kidnapping of their leader Ghulam Nabi.
He contended that Insarul Islam leader was not recovered from LI’s possession. He further submitted that the Ansarul Islam activist lodged FIR against the petitioner after one and a half month of the incident which shows ‘mala fide’ intention of the complainant.
He also contended that Hashim Khan was charged in the case due to clashes between the two groups in Khyber Agency.
After hearing arguments, the court accepted bail petition and ordered Central Prison Peshawar to release him on furnishing two bail bonds worth Rs 200,000 each.
Earlier, the Anti Terrorism Court (ATC) Peshawar had rejected his bail petition. staff report
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A female lawyer is contesting elections for the post of President Peshawar High Court Bar Association
Peshawar: March 22. For the first time in the history of Peshawar High Court Bar Association, a female lawyer is contesting elections for the post of President PHCBA. The elections to the PHCBA are going to be held on 11-04-2009. The nomination papers are to be filed by 01/04/2009.
Tehmina Muhibullah Advocate Supreme Court who is post graduate in International Human Rights Law and a member of Peshawar High Court Bar Association has filed nomination paper for the Presidential slot.
In the backdrop of extremism and Ban on working of women in NWFP Tehmina Muhibullah has taken upon herself that women in NWFP are not made to live in the bounded walls and can practice although Taliban forces are not permitting lawyers much less women lawyers to appear before courts. She has started her election campaign and is being welcomed in the provincial capital and the other Bar Association of the Province.
The lawyers of the province see it as a good change and have expressed their views of a positive change by way of electing a women lawyer as President of Peshawar High Court Bar Association. The elections to the PHCBA are also of the much importance because of the lawyers movement which though has seemingly ended but will continue till total Independence of the Judiciary is achieved.
She is contesting elections despite the fact that Peshawar, Swat and tribal areas adjoining NWFP are hard hit by War Against Terror from U.S. and religious and gender discrimination from within the Province.
ISLAMABAD, Mar 19 (APP): Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry is set to face at least ten huge challenges when he would assume office as top boss of the country’s judiciary. Experts say the newly restored Chief Justice would have to face a number of gigantic tasks which include at least ten huge challenges in the near future.
Commenting on the restoration of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, Muhammad Ikram Chaudhry, former Vice President of the Supreme Court Bar Association, Khawja Naveed, former Vice President of the SCBA and Mian Muhibullah KakaKhel Senior Advocate Supreme Court of Pakistan said the most crucial challenge is implementation of the order of November 3, 2007 issued by a 7-member bench headed by the newly restored Chief Justice.
Following are the challenges pointed out by them,
1. Implementation of order passed by the seven member bench on November 3 against the promulgation of Emergency in the country,
2. Cases of disqualification of Mian Muhammad Nawaz Sharif and Mian Muhammad Shahbaz Sharif, 3. Cases of missing Persons,
4. Petitions against National Reconciliation Ordinance (NRO),
5. Cases of Privatization of Habib Bank Limited (HBL) and Pakistan Telecommunication Company Limited (P.T.C.L),
6. Fate of PCO judges and judges who got reappointments leaving the lawyers movement on the road and issue of appointment of Judges in the High Courts (Some of them have already been confirmed and some are still working as additional judges),
7. Cases of Islamabad Agro Farms, 8. Petitions of Petroleum Prices and pending petitions about food price hike, 9. Cases of Lal Masjid Operation and Jamia Hafsa, 10. implementation of cases sentence awarded to Islamabad Police Officials including the then Inspector General of Police Chaudhry Iftikhar Hussain and other senior officials in manhandling committed with Justice Iftikhar Muhammad Chaudhry committed on March 13, 2007.
A number of other pending cases including cases of clashes between Police-Lawyers-Journalists on September 29, 2007 occurred in front of the Supreme Court Building Islamabad and Election Commission of Pakistan and suo-motu cases already pending with the Supreme Court besides thousands of appeals in criminal and Civil cases especially in murder cases.
It may be recalled here that the Federal Government has already announced to file review petitions in the cases of disqualification of Mian Muhammad Nawaz Sharif and Mian Muhammad Shahbaz Sharif which already been decided by a three-member bench headed by Justice Moosa K. Leghari.
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