NEWS

 

 

 

IN THE MEDIA

 

More than 200, 2nd & 3rd Professional MBBS Students moves Court Against Khyber Medical University

KLA Senior Partner Saifullah Muhib Kakakhel moved Constitutional Petitions in Peshawar High Court for more than 200, 2nd and 3rd professional MBBS students belonging to different public and private sector Medical Colleges of Khyber Pakhtunkhwa. These students were discriminated against, and declared fail while blue eyed students were given compensation of 14-20 marks in a revised result declared after final result, which is no where provided in KMU Rules/ Regulations. (details in comments section) Daily Mashriq 19.04.2020

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Singer-journalist couple sues car tracking company

PESHAWAR: Pashto singer Shakeela Naz and her spouse Mian Farooq Firaq, who is a journalist, have served legal notice on a car tracking system company and sought damages to the tune of one billion... PESHAWAR: Pashto singer Shakeela Naz and her spouse Mian Farooq Firaq, who is a journalist, have served legal notice on a car tracking system company and sought damages to the tune of one billion rupees for jamming their vehicle in a deserted place. The legal notice was served on the company, MegaTech, by Advocate Saifullah Muhib Kakakahel. It stated that despite giving prior information to the company to disconnect their vehicle’s tracking device as being its clients they were travelling to a...

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E-courts proposed in KP during Covid-19 outbreak

PESHAWAR: A senior lawyer has proposed the establishment of e-courts in the Peshawar High Court and district courts across the province for the disposal of cases during the outbreak of novel coronavirus (Covid-19). In a letter sent to PHC Chief Justice Waqar Ahmad Seth, Mian Muhibullah Kakakhel said e-courts would save lawyers, judges, litigants and court staff members from contracting the virus. He suggested the development of a mobile app and software for the production of scanned documents related to cases by lawyers and litigants, payment of court fee, and hearing into civil and criminal cases and bail pleas by video link. Lawyer writes to PHC CJ saying facility to benefit both...

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Contempt proceedings sought against health officials

PESHAWAR: A lawyer on Wednesday filed a contempt petition with the Peshawar High Court seeking action against the chief executive of the Khyber Pakhtunkhwa Health Care Commission and high-ups of the health department for not complying with the court’s orders to regulate the rates of laboratories and clinics. Petitioner Saifullah Muhib Kakakhel said following the outbreak of Covid-19, the high court judgment delivered on Nov 13, 2019, had assumed importance as the HCC and health department hadn’t complied with it regarding the fixation of rates for health facilities and bringing of uniformity in those rates. He had earlier filed a petition seeking the court’s orders for the HCC to regulate...

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View from the courtroom: Prison inmates vulnerable to Covid-19 pandemic

With continuous rise in the number of confirmed coronavirus cases, prisons across the country have become the focus of discussion as prisoners are vulnerable to the deadly virus. Different high courts in the country have adopted both judicial and administrative measures in a bid to reduce prison populations in their respective jurisdiction, while civil society groups have been campaigning for taking measures so as to release mostly under-trial prisoners specially those arrested in connection in petty nature cases. In the wake of Covid-19 pandemic two organisations working for the rights of prisoners – Justice Project Pakistan (JPP) and Group Development Pakistan (GDP) – have prepared a...

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Promotion of Medical Students

KLA Senior Partner Saifullah Muhib Kakakhel got promotion orders for students of 2nd professional and 3rd professional MBBS as there was dispute in the result of supplementary examination. Khyber Medical University revised the supplementary result and have passed some students by granting more than 16 marks whereas there was dispute of 26 marks in papers of Pharmacology and Pathology. The revised result has also been challenged on the ground of discrimination and students have prayed that they should also be declared passed by granting them compensatory marks.

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KLA Senior Partner Saifullah Muhib Kakakhel Advocate High Court sharing views on the Petition filed in Peshawar High Court to Free Prisoners to shed the population of inmates and to set free under trial prisoners, women, juveniles and those having health issues. He also sheds light on the number of inmates in prisons in KP and their status

https://www.youtube.com/watch?v=AEif6IFFmM4 KLA Senior Partner Saifullah Muhib Kakakhel Advocate High Court sharing views with Anchor Irfan Khan, Mashriq TV on the Petition filed in Peshawar High Court to Free Prisoners to shed the population of inmates and to set free under trial prisoners, women, juveniles and those having health issues. He also sheds light on the number of inmates in prisons in KP and their status.

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Husband ‘punished’ me for not making TikToks, woman claims in court – Maintenance of Minor & Wife

A woman filed a petition before a local family court in Peshawar on Tuesday against her husband for not giving her custody of their two minor sons and for not providing her maintenance. Filed through her counsels – Saifullah Muhib and Mehwish Muhib, the petitioner claimed that she is the third of four wives of the respondent. The petition further said that the respondent has 13 children, including five from first wife, five from his second wife, and three from her. The respondent has already divorced two women before marrying these four women, she said. The petitioner claimed that her husband provides maintenance to his other wives because they readily make TikTok videos with him. The...

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View From The Courtroom: Amid divisions on women’s rights, least thorny issues need to be addressed

The International Women’s Day was observed across the country amid clear divisions in the society over issues related to women. This division is even visible on government level, where some members of the federal cabinet including human rights minister Ms Shireen Mazari extended support to Aurat March 2020, whereas some others openly criticised organsiers of the said march in different parts of the country. Some of the experts believe that there are several women-related issues over which different schools of thought are in agreement and at least those issues should be addressed instead of outrightly turning down each other’s view point. One such issue is that of women’s right to...

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PUBLICATIONS

 

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...

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...

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...

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...

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...

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...

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...

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...

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...

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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Sessions judge, Peshawar, ordered recovery of children from illegal custody of uncle and grandmother and handed-over the children to their Mother.

The Habeas Corpus petition was filed through KLA Partners, Advocates Zeenat Muhib Kakakhel & Nouman Muhib Kakakhel.

Daily Mashriq 22.10.2020
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KLA Senior Partner Saifullah Muhib Kakakhel Advocate, shared his view on the recent KP Amendment in Civil Procedure Code which became basis for the current 4 days lawyers boycott from appearing in courts and other strikes in initial months of 2020.

Daily Mashriq 20.10.2020
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"EXPLORATION OF HANDLING SEXUAL HARASSMENT INCIDENTS: PARENTS' AND TEACHERS' PERSPECTIVE" ... See MoreSee Less

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Writ petition filed by Registrar, University of Engineering and Technology, Peshawar against Vice Chancellor of the same university for taking away Human Resource powers from him, disposed of;

High Court refused to interfere in the matter after hearing the case for two straight days and asked Registrar, UET to move syndicate for redressal of his grievance.

Vice Chancellor, UET and all official respondents were represented by Mian Muhibullah Kakakhel Senior Advocate, Supreme Court of Pakistan.
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A Public Interest Constitutional Petition filed by KLA Senior Partner Saifullah Muhib Kakakhel regarding illegal deforestation and land mafia constructing houses by removing graves from graveyard of Charsadda which stretches up to Tangi and is the biggest graveyard in Asia (measurement wise), was heard by Justice Qaiser Rasheed and asked the relevant authorities to submit report on the issue on the next date of hearing.

16.10.2020
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