NEWS

 

 

 

IN THE MEDIA

 

Contempt of court

In a contempt of court filed by Advocate Saifullah Muhib Kakakhel requesting the high court to take action against the chief executive of the Khyber Pakhtunkhwa Health Care Commission and high-ups of the health department for non-uniformity in rates of health facilities, including laboratories and clinics, in accordance with an earlier order of the court. Justice Qaiser Rashid observed that the Drap had even increased the prices of lifesaving drugs, including those meant for diabetes, many times. The bench also reprimanded Drap chief executive officer Asim Rauf for his statement in the court that the prices of only 94 medicines were increased and they were of low-cost drugs. It observed...

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2006 P Cr. L J 998

2006 P Cr. L J 998 [Peshawar] Before TalaatQayum Qureshi and Ijaz-ul-Hassan Khan, JJ ISMAIL----Appellant Versus THE STATE and another----Respondents Criminal Appeal No.937 of 2004, decided on 7thFebruary, 2006. (a) Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Matter wasreported to the police with promptitude which had ruled out element offabrication---Oral testimony of complainant and his son remained sufficientlyconsistent---No material discrepancy could be brought on record during fairlylengthy cross-examination---Testimony was fully supported by Medico-legal andpost-mortem report in addition to the recovery of blood stained earth, bloodstained stick, spade and...

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2005 Y L R 2645

2005 Y L R 2645 [Lahore] Before Muhammad Jehangir Arshad, J KHUSHI MUHAMMADand others---Petitioners Versus NOOR BIBI and others---Respondents C.R. No. 130 of 2005/BWP, decided on 16th June, 2005. (a) Civil Procedure Code (V of 1908)--- ----O.XIV, R.1 & S. 99---Framing ofissues---Objection with regard to non-framing of issues---Proceduralirregularity, curability of---Objection with regard to non framing of issues,framing of wrong issues or placing a wrong onus of issues, should be raised atthe very early stage---In case no such objection was raised, same would bedeemed to have been abandoned or despite nonframing of issues, framing of wrong issues or wrong onus of issues, if theparties...

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Peshawar High Court directed NADRA to proceed with the nationality of 7 Afghan families

Peshawar High Court directed NADRA to proceed with the nationality of 7 Afghan families after following SOPs provided in the notification passed in 2017 A writ petition jointly filed by 7 families was heard by a division bench comprised of Justice Rooh ul Amin Khan and Justice Ishtiaq Ibrahim who decided to give nationality of Pakistan to the family on basis of their migration and residence on this land since time immemorial. Mian Muhibullah Kakakhel KLA Managing Partner & Saifullah Muhib Kakakhel Senior Partner, represented the petitioners. The lawyers argued that petitioners are residing in Pakistan since time immemorial, and their documented history proves their residence in...

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Citizenship ordered by Peshawar High Court for resident’s Afghan wife

PESHAWAR: The Peshawar High Court has ordered the interior ministry to grant Pakistan’s citizenship to a Pakistani man’s Afghan wife and process her case within three months. A bench consisting of Justice Roohul Amin Khan and Justice Ishtiaq Ibrahim accepted a petition filed by Pakistani national Mohammad Ilyas seeking the court’s orders to the interior ministry to grant Pakistani citizenship to her Afghan wife on the basis of the Pakistan Citizenship Act, 1951. It directed the interior secretary to process the grant of the Afghan woman’s citizenship within three months so that the petitioner should not face further inconvenience. The petitioner’s lawyer, Saifullah Muhib Kakakhel, said his...

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K-P govt urged to take steps against dengue

PESHAWAR:  An application was submitted to the Peshawar High Court (PHC) on Saturday requesting the court to direct the provincial government to take steps for eradication of dengue virus in the province. The application also pleaded the court for speedy hearing of the case related to government’s anti-dengue measures. The court was also requested to direct the government for carrying out anti-dengue spray in the province. The application has been submitted through Counsel Saifullah Muhib. The application read that the health department’s counsel in the previous cases has accepted that this year the dengue cases would increase and an outbreak situation is expected in the province. The...

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Peshawar High Court suspended transfer order of a Doctor serving in District Khyber to District Mohmand

A bench of Peshawar High Court suspended transfer order of a Doctor serving in District Khyber to District Mohmand. The petitioner was represented by Advocate Saifullah Muhib Kakakhel. The lawyer argued that the doctor was serving in Khyber District along with his wife who is a teacher in district khyber. He argued that the said transfer was against Spouse policy which clearly provides that spouses working in the same district should not be disturbed. He put forth that the transfer is being done in wake of COVID-19, whereby all inter district travelling has been banned. He said Service Tribunal is no actively working, therefore a writ petition was moved in this regard. The court after...

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Law students seek enrolment as apprentice

PESHAWAR: Students of the University of Peshawar law degree programme, who await the announcement of exam results, have moved the Peshawar High Court seeking orders to declare them eligible for enrolment as trainee lawyers or apprentices on the basis of course completion in line with a past practice. In the joint petition, 33 students of the Law College, University of Peshawar, also requested the court to declare the rules, which prohibit their enrollment on the basis of course completion, arbitrary and discriminatory. They pleaded that the court should declare the rules especially Rule 108-C of the Pakistan Legal Practitioners and Bar Council Rules, 1976, illegal and that it is not...

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Housing society rules challenged in Peshawar high court

PESHAWAR: Three businessmen have challenged the housing society rules in the province claiming the minimum 160 kanals land requirement for developing a housing scheme is discriminatory as that requirement is 100 kanals in other provinces. Petitioners Minhaj Ali, Irfan Ahmad and Aftab Ahmad, all from Nowshera area, have requested the court to declare discriminatory and illegal the KP Local Government (Site Development Scheme) Rules, 2015, wherein the minimum land required for developing a housing scheme is 160 kanals. The petitioners, who own the Khattak Allied Construction Company, have also challenged the demolition of their office in Jalozai area by an additional deputy commissioner....

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Peshawar High Court restrained local courts of Peshawar from taking any action against a senior citizen

A bench of Peshawar High Court restrained local courts of Peshawar from taking any action against a senior citizen aged 80 through a stay order. KLA Partner Saifullah Muhib Kakakhel represented the petitioner, Lehaz Ullah, an 80 years old citizen. The lawyer argued that petitioner was working as a power consultant for Askari 6 Housing Society, and was not paid for his services. He moved Civil Courts, Peshawar against Askari authorities for releasing of payment, however, they brought a counter claim against petitioner to harass him. While the case was pending he moved to Islamabad from Peshawar and due to his old age and health complications could not attend court hearings. While the case...

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PUBLICATIONS

 

2004 S C M R 553

2004 S C M R 553 [Supreme Court of Pakistan] Present: Rana Bhagwandas and Javed Iqbal, JJ MUHAMMAD ASHFAQ‑‑‑Petitioner versus MUHAMMAD SHER KHAN and 11 others‑‑‑Respondents Civil Petition No.408‑P of2002, decided on 7th October, 2003. (On appeal from the judgmentdated 20‑6‑2002 of the Peshawar High Court, Peshawar, passed inWrit Petition No.923 of 2001). North‑West Frontier Province LocalGovernment Elections Rules, 2000‑‑‑ ‑‑‑‑Rr.71& 73(3)‑‑‑Civil Procedure Code (V of 1908), O.VI, R.15‑‑ Constitutionof Pakistan (1973), Art.185 (3)‑‑‑Corrupt practices,allegations of‑‑‑Presentation of election petition‑‑‑ElectionTribunal dismissed the election petition on the ground that the same was...

2019 P L C (C.S.) 238

2019 P L C (C.S.) 238 [Sindh High Court] Before Syed Hassan Azhar Rizvi and Khadim Hussain Tunio, JJ ABDUL HALEEM SIDDIQUI and others Versus FEDERATION OF PAKISTAN through the Law Secretary, Ministry of Law andJustice, Pakistan Secretariat, Islamabad and others C.Ps. Nos. D-3460, D-3366 of 2011, D-1053, D-1524, D-1657, D-3644 of 2013and D-1268 of 2016, decided on 4th September, 2018. (a) Constitution of Pakistan--- ----Arts. 212 & 199----Constitutional jurisdiction of HighCourt---Civil Service---Constitutional petition seeking relief for framing ofservice rules and seniority list----Relief seeking framing of rules andseniority list, prima facie, cannot be legally entertained by High...

2009 S C M R954

2009 S C M R954 [Supreme Court of Pakistan] Present: Abdul Hameed Dogar, C. J., Ijaz-ul-HassanKhan and Ch. Ejaz Yousaf, JJ MUHAMMAD ULLAH----Petitioner Versus THE STATE----Respondent Criminal Petition No.352 of 2008, decided on 14thNovember, 2008. (On appeal from the judgment, dated 22-9-2008 of thePeshawar High Court, D.I. Khan Bench passed in Criminal Miscellaneous No. 119of 2008). Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXVof 1997), S.9(c)---Constitution of Pakistan (1973), Art.185(3)---Bail, grantof--Contrabands were not recovered directly from the possession of accused,rather the same were recovered from the cabin made on the root of...

2009 S C M R 1202

2009 S C M R 1202 [Supreme Court of Pakistan] Present:Ijaz-ul-Hassan Khan and Muhammad QaimJan Khan, JJ MUHAMMAD AZHAR----Petitioner Versus DILAWAR and another----Respondents Criminal Petition No.20-P of 2009, decided on 17thApril, 2009. (On appeal from the judgment, dated 26-1-2009 of thePeshawar High Court, Peshawar passed in Criminal Miscellaneous No.1667 of2008). (a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860),S.324---Constitution of Pakistan (1973), Art.185(3)---Cancellation of bail,refusal of---High Court while granting bail to accused had assigned sound andvalid reasons, which could not be shown to have suffered from any infirmity orirregularity,...

P L D 2009Supreme Court 707

P L D 2009Supreme Court 707 Present;Ijaz-ul-Hassan Khan and Muhammad Qaim Jan Khan, JJ ZARMUHAMMAD---Petitioner Versus Mian JAFAR SHAHand another---Respondents Criminal PetitionNo.4-P of 2008, decided on 23rd April, 2009. (On appeal from thejudgment dated 15-2-2008, of the Peshawar High Court, Peshawar passed inCr.M.1274 of 2007). CriminalProcedure Code (V of 1898)--- ----S5.497(5)---Penal Code (XLV of 1860), Ss.302/324/34---Constitution of Pakistan(1973), Art.185(3)---Cancellation of bail, refusal of---Medical boardconsisting of four eminent Doctors constituted under the order of High Court,had examined the accused and found him suffering from serious heart disease,which needed...

2006 S C M R1906

2006 S C M R1906 [Supreme Court of Pakistan] Present:Khalil-ur-Rehman Ramday, Nasir-ul-Mulk and Raja Fayyaz Ahmed, JJ Mst. HUSSAN ZARI----Petitioner Versus SHER BAHADUR and others----Respondents Criminal Appeal. No.577 of 2006 in Criminal PetitionNo.106-P of 2002, decided on 16th June, 2006. (On appeal from the judgment, dated 30-4-2002 of thePeshawar High Court, Peshawar, passed in Criminal Appeal No.392 of 2000). Penal Code (XLV of 1860)-- ----Ss. 302(b), 324, 148 & 149---Reappraisal ofevidence---Triple murder--- Cross-fires--Counter-F.I.Rs.--- Aggressor party,non-determination of---Five accused were convicted by Trial Court and sentencedto life imprisonment for murder of three...

2006 S C MR 1692

2006 S C MR 1692 [Supreme Court of Pakistan] Present: Javed Iqbal, Muhammad Nawaz Abbasi andSyed Jamshed Ali, JJ ARBAB JEHANGIR KHAN and others----Appellants Versus INAYATULLAH KHAN and others----Respondents Civil Appeal No. 187 of 2002, decided on 30th March,2006. (On appeal against the judgment, dated 16-3-2001passed by Peshawar High Court, Peshawar, in Civil Revision No. 131 of 2000). (a) Land Reforms Regulation, 1972 (M.L.R.115)--- ----Paras. 13 & 26---Civil Procedure Code (V of1908), S.9 & O.VII, R. 11--- Constitution of Pakistan (1973), Art. 185(3)--- Surrender of Shamilat Land under Land Reforms Regulation, 1972(M.L.R.115)---Suit challenging validity of surrender---Rejection...

2019 P L C (C.S.) 238

2019 P L C (C.S.) 238 [Sindh High Court] Before Syed Hassan Azhar Rizvi and Khadim Hussain Tunio, JJ ABDUL HALEEM SIDDIQUI and others Versus FEDERATION OF PAKISTAN through the Law Secretary, Ministry of Law andJustice, Pakistan Secretariat, Islamabad and others C.Ps. Nos. D-3460, D-3366 of 2011, D-1053, D-1524, D-1657, D-3644 of 2013and D-1268 of 2016, decided on 4th September, 2018. (a) Constitution of Pakistan--- ----Arts. 212 & 199----Constitutional jurisdiction of HighCourt---Civil Service---Constitutional petition seeking relief for framing ofservice rules and seniority list----Relief seeking framing of rules andseniority list, prima facie, cannot be legally entertained by High...

2016 P L C (C.S.) 1074

2016 P L C (C.S.) 1074 [Lahore High Court] Before Ayesha A. Malik and Faisal Zaman Khan, JJ GOVERNMENT OF THE PUNJAB through Chief Secretary,Civil Secretariat, Lahore and 2 others Versus Syed RIAZ ALI ZAIDI I.C.A. No.565 of 2015 in Writ Petition No.5406 of2011, decided on 9th July, 2015. (a) Constitution of Pakistan--- ----Arts. 199, 208, 120, 121 & 122---High Court(Lahore) Rules and Orders Vol. V, Chapter 10, Rr. 4, 17, 18 & 22---LawReforms Ordinance (XII of 1972), S. 3---Intra-court appeal---Employees of HighCourt (Lahore)---Grant of fifty percent increase in Judicial Allowance and Adhoc Allowance---Independence of judiciary---Scope---Constitutional petition wasfiled for grant of...

2016 P L C (C.S.) 1

2016 P L C (C.S.) 1 [Sindh High Court] Before Muhammad Ali Mazhar and Shahnawaz Tariq, JJ DAWOOD SIGHAR and 5 others Versus PROVINCE OF SINDH through Chief Secretary, Sindhand others C.P. No.D-1637 of 2013, decided on 28th April, 2015. (a) Civil Service Regulations, 1960--- ----Art. 486---Constitution of Pakistan, Arts.199& 208---Constitutional petition---Civil service---Retired employees of HighCourt (Sindh)---Plea for accumulation of judicial allowance in pensioncalculation---Independence of judiciary---Chief Justice, powersof---Scope---Chief Justice of High Court had power to sanction pension providedsame was covered by the rules and certified by the Audit Officer to...

FACEBOOK FEED

 

In a contempt of court filed by Advocate Saifullah Muhib Kakakhel requesting the high court to take action against the chief executive of the Khyber Pakhtunkhwa Health Care Commission and high-ups of the health department for non-uniformity in rates of health facilities, including laboratories and clinics, in accordance with an earlier order of the court.

Justice Qaiser Rashid observed that the Drap had even increased the prices of lifesaving drugs, including those meant for diabetes, many times.

The bench also reprimanded Drap chief executive officer Asim Rauf for his statement in the court that the prices of only 94 medicines were increased and they were of low-cost drugs.

It observed that he had given a misstatement in the court as the situation in the market was all-together different.

“How have you been occupying such an important post? You have no sympathy for the people, who are bearing the brunt of price hike. Now, their miseries have been increased manifold by the excessive increase in drug prices,” Justice Qaiser Rashid observed.

The bench fixed Dec 17 for next hearing asking the Drap to reconsider its decision of excessive increase in drugs prices.

The court ordered the Drap CEO to submit report within a month about development on this issue.

When the bench asked the Drap CEO about reason for price hike, he replied that prices of only 94 drugs were increased.

As directed by the bench, the FIA deputy director produced a list of medicines saying there is a massive increase in prices.

Justice Qaiser Rashid observed that there were reports that the prices were increased due to pressure of multinational pharmaceutical companies.

Asim Rauf said drug prices were regulated by the federal government for which a specific committee had been formed which decided prices in accordance with the prescribed formula.

Earlier, the bench was also informed by the HCC CEO that the board of the commission had been formed and was fully functional in accordance with the court’s orders.

Published in Dawn, November 20th, 2020

www.dawn.com/news/1591282/court-asks-drap-to-reconsider-drug-price-hike
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Report on a PIL filed by KLA Senior Partner Saifullah Muhib Kakakhel on deforestation and encroachments in graveyards throughout the province.

Daily Ajj 19.11.2020
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Profile of KLA Managing Partner, Mian Muhibullah Kakakhel, Senior Advocate by renowned Lawyer and Journalist Saleem Shah Hoti, published in Frontior Post on Sunday 15.11.2020 ... See MoreSee Less

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An International NGO (INGO) Basic Development Need moved Peshawar High Court through KLA Senior Partner Saifullah Muhib Kakakhel for making active a hospital sponsored by Japan Government, which includes expensive infrastructure and heavy medical diagnosis and treatment machinery, for free treatments of patients in Nowshera. However, the Government is neither operating it itself nor allowing the INGO to operate it.

Daily Mashriq 12.11.2020
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