The ironic world

The ironic world

The Kakakhel Law Associates is the best law firm in Pakistan. They ought to be the best in various manners. They are explicit in their manners promoting and justifying rules at its best.  Their ideas are represented in their actions. They ensure good work and prosperity of the nation in their conduct and fundamental views. They are highly equipped with all the details of their respective field. They acquire a complete knowledge of what is going on now and then.  They believe in change, but they do not give it all away. The main idea is to maintain justice and prevail it  in society . The Kakakhels discuss the importance of laws and their implementation as their utmost priority but they do...

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Being staunch with Social Justice

Being staunch with Social Justice

Be staunch in justice, witnesses for Allah, even though it be against yourselves or your parents or your kindred, whether the case of a rich or poor man, for Allah is nearer unto both. So, follow the truth over passion. Social injustice’ is the perceived unfairness of a society in its divisions of rewards and burdens. Social justice arrives when there is an unequal distribution of wealth and other resources. A welfare state acquires equal distribution of wealth and resources. If we look at the United Nations Declaration on Human Rights, we can see that it resembles the last sermon of the Holy Prophet PBUH. The emphasis is put on the weak and social justice is preferred for the people. Are...

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Making you believe in justice

Making you believe in justice

Why do we believe in law? We believe in law because it provides us with justice. What justice does it give you? Equality equity and harmony prevail in a society when it has laws. It is difficult for a society to prevail without laws or its enforcement. We listen to people whining over the media channels that there is no justice for the poor. In some cases, or sometime before it was the case in Pakistan, and for so many reasons we didn’t pay any heed towards it. But the question arises is that are we ready for justice?  When it comes to reporting cybercrimes or other crimes like a hit and run, harassment or our consumer rights, are we concerned with it are we acting as responsible citizens....

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A Step ahead with Justice

A Step ahead with Justice

WE must not be afraid of anything. It is essential for us to remain determined in our convictions. There is a great deal of hypocrisy, injustice, and foul play in the world, it is absurd to give us away by getting dominated by such acts. It will only cause us unhappiness. The Supreme law of Allah is without any falsehood. Therefore, one should devote itself to Him as He is the wisest possible existence. Aristotle says that knowledge is virtue and virtue is justice. He proved the idea through experiences. The truth turned into good experiences whereas, the false became bad experiences. The one who follows virtue will do justice to the society. The Kakakhel Law Associates firmly believe in...

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PTI’s unhealthy habit of legislating through ordinances

On January 30, the Khyber-Pakhtunkhwa (K-P) Bar Council conditionally called off a 23 day long strike being held in protest against an amendment to the Civil Procedure Code 1908 along with the enactment of a provincial anti-narcotics law.  The strike was called off after the government deferred the proposed amendment through the K-P Civil Law Amendment Ordinance, 2020 till April 15. This decision, albeit a welcome one for the lawyers, should be enough to cause alarm for those who hold the parliamentary process in high esteem. One such individual who is concerned at the government’s constant promulgation of ordinances is Member National Assembly (MNA) Barrister Mohsin Nawaz Ranjha who...

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Aurat March: A historical and legal perspective

Pakistani activists take part in a rally to mark International Women's Day on March 8, 2018. PHOTO: GETTY International women’s day and by extension, the Aurat March can trace its history to a parade held on March 3, 1913 when 5000 women marched from United State Capitol towards the Treasury Building in Washington DC to fight for the right to vote. The parade itself was spearheaded by Alice Paul under the banner of the National American Woman Suffrage Association. At the time, the behaviour of the men spectating the march  was extremely unruly who continually tripped and grabbed the protesters and jeered at them while they proceeded through the streets and the police did little to stop the...

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The Murder of Innocence : Sexual Abuse of Children

Sexual abuse of children has been an ever-rising issue yet it is largely kept in stealth. The developed countries have had their war against it, now is the time for the developing countries to wage war against this menace. The most significant achievement against it was by The Boston Globe’s editor, Marty Boron, who assigned a team of investigative journalists to bring the culprits to justice. Powerful clerics like John Geoghan and other unfrocked pedophile priests of American Clergy were accused of sexually assaulting around 80 boys. However, in recent times, media and other pillars of the state, in developing countries like Pakistan seem to have initiated their own crusade against it....

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Undoing a federation : Undoing 18th Amendment of the Constitution of Pakistan

MAY 12, 2020 Recent developments regarding undoing the 18th Amendment of the Constitution have stirred up a debate between the government and the opposition and caused disturbance among those governed. This is no ordinary question but is something about the long due autonomy to the provinces which was taken away by use of an iron hand by the military dictators, wanting a one-man show in the country. The questions regarding who will benefit from undoing the amendment remains unanswered and a silence prevails over the fact that it is not the provinces they want to clip wings of independent people who should decide who and how to be governed. Federations are formed by independent countries,...

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E-courts — a necessity

MAY 2, 2020 E-courts are in action throughout the world to modernise the manual legal system which is time consuming and ineffective for rising numbers of cases. It is purposed to facilitate and protect both litigants and legal practitioners, saving their time health and resources. Due to a backlog of cases and partial closure of courts due to spread of COVID-19 it has become a necessity in Pakistan to offer e-courts facility to public. While some high courts like the Peshawar High Court remain open in totality, others are either closed completely like the Lahore High Court or hearing emergency matters only. However, district judiciary, including family courts, anti-narcotics courts and...

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A Case for Liberating Prisoners

APRIL 1, 2020 Every person is presumed to be innocent until proven guilty beyond any shadow of doubt, however, 48,008 under trial prisoners in Pakistan are rotting behind the bars from years and at present times exposed to the COVID-19 epidemic, even though their innocence or guilt is yet to be ascertained. Many a times the prosecution fails to prove charges even after the accused has completed term of sentence provided for an offence or die. Blackstone’s ratio of criminal law says, “It is better that ten guilty persons escape than that one innocent suffers.” COVID-19 catastrophe calls for self-Quarantine, isolation and social distancing to subjects of all 198 affected countries. Hostels...

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The fizzers of reference against Justice Seth

MARCH 4, 2020 The government intends to file a reference against Justice Waqar Ahmad Seth to the Supreme Judicial Council, for being ‘mentally unfit and incompetent’, said Federal Law Minister Farogh Naseem. Justice Seth who is author of the judgment of the Special Court’s decision convicting former military ruler of Pakistan, General Retired Pervez Musharraf guilty of High Treason and sentenced him to death under Article 6 of the constitution. The ruling had a hot and cold reaction from the masses, However, Paragraph 66 created dismay amongst the high ranks of government and made subject to unrelenting criticism. Paragraph 66 of the verdict says: “we direct the Law Enforcement Agencies to...

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Constitutional fraud: of the few, by the few and for the few

Constitutional fraud: of the few, by the few and for the few FEBRUARY 9, 2020 Khyber Pakhtunkhwa Bar Council conditionally called off a 23-days-long strike throughout the province against the amendment in Civil Procedure Code on January 30, 2020, when the government, through Khyber Pakhtunkhwa Civil Law Amendment Ordinance, 2020, had pigeonholed the amendments till April 15, 2020. However, it seems that the lawyers were given a wide berth by the PTI government; convincing them to give in most of their demands by fulfilling only one: deferring the commencement date. Even though the amendment was welcomed, the passing of an Ordinance by the governor once again raised eyebrows. There are...

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Threatened Brotherhood of Provinces

“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” Said Marin Luther King Jr. Recently, due to rise of prices of flour in Punjab, Chief Minister Usman Buzdar, in violation of Article 151 3(a) banned flour supply to Khyber Pakhtunkhwa, which was left with 5 days’ supply of it as per the vendors; which was considered an insult by those lightening peoples’ houses and gas stoves throughout Pakistan. Nationalist leaders including Awami National Party’s Provincial President Aimal Wali criticized the act saying “if Punjab has a superior right over...

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Accountability of the Accountability Judge

After its formation on October 24, 1945, the UN adopted a resolution namely “Basic Principles of Independence of Judiciary, 1985,” which obligated the member states to incorporate the provisions of the resolution in their domestic laws or constitutions and all the governments and other institutions shall observe and respect it. It guided that judges shall give decisions impartially, fairly and without getting influenced by any party. After decades, the UN Convention against Corruption, 2005 (hereinafter called, UNCAC) was passed, and Pakistan was one of its signatories. UNCAC categorically mentioned that there was corruption in higher as well as subordinate judiciary of Pakistan. It also...

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New judicial policy, ‘leftover’

“Justice delayed is justice denied” is a legal maxim commonly knownto general public. Inthe last decade, numerous judicial policies came into existence but not a single was implemented by the judicial officers and a pressure was developed on litigants and lawyer community to wind up cases expeditiously without seeking an adjournment even though it is a genuine one. The policies were made in good faith but are posing a serious threat to the ‘due process’ which is the vehicle for the rule of law. After lawyers’ movement, people developed trust in judiciary and ran toward the courts to get their legal rights but during that period their cases got stuck for years and even now most of them are...

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The Law of Divorce in Pakistan

By: Mian Muhibullah Kakakhel Senior Advocate, Supreme Court of Pakistan It is well settled that marriage amongst Muslims is not a sacrament, but in the nature of a civil contract. Such a contract undoubtedly has spiritual and moral overtones and undertones but legally, in essence, it remains a contract between the parties which can be the subject of dissolution for good cause. Matrimonial laws being the product of civilization of mankind are of paramount importance both to society and the individual. Equally important is the need to know the rules governing the legal wedlock called marriage. It is well settled that marriage amongst Muslims is not a sacrament, but in the nature of a civil...

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The Law of Contempt of Court in Pakistan

By:  Mian Muhibullah Kakakhel Senior Advocate, Supreme Court of Pakistan Although democracy is the hall mark of the political system of our country ensuring freedom of expression, press and publication yet besides many visible and invisible impediments in the path of free reporting and conscious and unconscious slips between the cup of truth and lips of publication, there hangs a democles sword of the Contempt of Court on the effective communication of news. News men have always been found in great jeopardy as to what news of the proceedings of the Court can form a part of what they want to convey through their publication or news channels. Many a beautiful item of news would escape the...

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Rule By Presidential Ordinances in Pakistan

By: Mian Muhibullah Kakakhel, Senior Advocate, Supreme Court of Pakistan President Zardari of Pakistan promulgated an ordinance on 1 March, 2009, creating Mobile Courts and appointing Districts Magistrates to punish certain offenders found any where in the country. The ordinance came in a scenario where a call for Long March had been given by the lawyers, political parties and civil society. The people at large and the Parliamentarians were shocked to hear about the ordinance issued only a day before the session of the National Assembly was scheduled. On the criticism from within and out side the country at the issuance of the ordinance in peculiar situation of Long March, it was thought...

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Hooz Noor: Another reminder that we continue to fail our children

Pakistani activists carry placards as they shout slogans during a protest against child sexual abuse. PHOTO: GETTY The sexual assault and subsequent murder of children in Pakistan has become a pandemic of biblical proportions. It is actively haunting the society and posing a significant challenge for the government. People expect law enforcement agencies to address the situation, but are they themselves ready to take responsibility and actively enact long lasting social measures that will protect our children? Recently, yet another spine chilling and gruesome incident of rape and murder was reported in Khyber Pakhtunkhwa’s (K-P) Nowshera district. This time, the victim was eight-year-old...

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Undoing a federation

Undoing a federation Recent developments regarding undoing the 18th Amendment of the Constitution have stirred up a debate between the government and the opposition and caused disturbance among those governed. This is no ordinary question but is something about the long due autonomy to the provinces which was taken away by use of an iron hand by the military dictators, wanting a one-man show in the country. The questions regarding who will benefit from undoing the amendment remains unanswered and a silence prevails over the fact that it is not the provinces they want to clip wings of independent people who should decide who and how to be governed. Federations are formed by independent...

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