NEWS

 

 

 

IN THE MEDIA

 

PHC upholds conviction of militant

PESHAWAR: The Peshawar High Court has upheld the conviction of a militant by an assistant political agent for waging war against the state and attacking security forces. It, however, reduced the convict’s prison sentence from 28 years to 14 years. A bench consisting of Justice Qaiser Rasheed Khan and Justice Ijaz Anwar partially allowed appeal of the convict, Sahib Khan, who was sentenced by the APA in Kurram Agency, now Kurram tribal district, in 2017. It ruled that the benefit of Section 382-B of the Code of Criminal Procedure should be extended to him under which his period of detention prior to conviction should also be counted in his prison term. The court added that the sentences of...

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Court stays recovery of fine from women bus service’s contractor

PESHAWAR: A civil court here on Saturday temporarily suspended recovery of certain penalties imposed by TransPeshawar (the urban mobility company) on a contractor operating the much publicised pink bus service for women in Mardan and Abbottabad. Judge Rabia Yousaf ordered suspension of two letters issued by the company on Dec 24, 2019, and Feb 26 for 14 days and directed the defendants including TransPeshawar to maintain status quo. The court issued the order while hearing a civil suit filed by a joint venture of Bizitech, New Khyber Car Rental Services and Frontier Organisation for Reforms and Transformation, which is operating the pink bus project, challenging the imposition of penalties...

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Official summoned in child protection case

PESHAWAR: The Peshawar High Court on Thursday directed the district social welfare officer of Peshawar to appear before it to highlight the steps taken for the protection of the vulnerable children and the establishment of a child welfare home. A bench consisting of Justice Qaiser Rashid Khan and Justice Abdul Shakoor issued the directions during the hearing into a petition of lawyer Saifullah Muhib Kakakhel against the involvement of poor children in begging and labour and their sexual exploitation. The petitioner requested the court to order the handing over of such minors to the child protection and welfare institutions. He also sought the court’s orders for different officials of the...

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Women lawyers pledge to forge unity

PESHAWAR: Women lawyers at a gathering here on Thursday resolved to improve coordination to jointly address problems faced by them in courts and to guide new female entrants in the field of law. The women lawyers gathered to celebrate fourth year of “Women in Law Network”, headed by Mehwish Muhib Kakakhel, an advocate of high court. The network works for equality of opportunities for women lawyers and their connectivity in Khyber Pakhtunkhwa and other provinces of the country. Various issues were discussed in the gathering and all the participants actively put forward their views. The organisers shared the agenda for the year 2020 followed by open discussion by the participants. Senior...

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Health Care Commission told to fix lab rates in three months

PESHAWAR: The Peshawar High Court has directed the Khyber Pakhtunkhwa Health Care Commission to fix service rates for public and private sector laboratories in consultation with the health department within three months. A bench consisting of Chief Justice Waqar Ahmad Seth and Justice Ahmad Ali observed that the lab fees should be in accordance with the quality of healthcare services. “For this purpose, the Health Department and Health Care Commission, both are heavily responsible to provide a mechanism to bring uniformity in the fee structure and standards of health services in the public and private sector healthcare establishments and stop healthcare service providers from charging...

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PHC requested to declare gas outages unconstitutional

PESHAWAR: A lawyer on Monday moved the Peshawar High Court against gas outages in the province, especially Peshawar, requesting it declare the suspension of the supply of natural gas illegal and unconstitutional. In the petition, Saifullah Muhib Kakakhel said KP produced natural gas more than its needs and under Article 158 of the Constitution, its needs should be met before the gas was supplied to other provinces. He requested the court to declare gas suspension and loadshedding in KP illegal and a violation of Article 158 of the Constitution. The petitioner requested the court to direct the respondents, including the federal government, to immediately restore uninterrupted gas supply to...

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KLA Partner Saifullah Muhib Kakakhel’s legal perspective of review filed in extension of tenure case of COAS Qamar Javed Bajwa by Federal Government

https://www.youtube.com/watch?v=jHfgPCckfVQ&feature=youtu.be Senior Partner KLA Saifullah Muhib Kakakhel Advocate High Court was live on Mashriq TV, sharing legal perspective of review filed in extension of tenure case of COAS Qamar Javed Bajwa by Federal Government, PM Imran Khan, President Arif Alvi & Chief of Army Staff, in the Supreme Court of Pakistan. Sophie yousafzai and Senator Zahid Khan also shared their views on the same. whereas, Advocate Shabbir Hussain Gigyani along with KLA Senior Partner, Mr Kakakhel also shed light on contempt of court petition filed in Supreme Court against Govt Officials and Media personals for mocking and degrading Chief Justice Peshawar High...

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No dengue case reported in two weeks, PHC told

PESHAWAR: The Peshawar High Court was informed on Friday by representatives of the provincial health department that no new case of dengue fever was reported in Khyber Pakhtunkhwa during last two weeks. The PHC bench of Justice Qaiser Rashid and Justice Abdul Shakoor was told by an assistant director public health, Dr Jamal Akber, that the department had chalked out a plan for ramping up preventive efforts and it would take different steps from Feb 2020 so as to combat any dengue fever outbreak in the province. The bench observed that with start of winter season dengue scare had now ended in parts of the province, but the government should remain careful and ensure taking proper preventive...

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PUBLICATIONS

 

List of Articles Published

Why we should abolish the death penalty, The Muslim, Islamabad 19.1.1990 Women's rights over men, The Frontier Post, 8.8.1990 Need to effect changes in Military Law, The Frontier Post, 30.81990 Newspapers and the Law o f contempt of court, The Frontier Post, 14.5.90 & 15.5.1990 U.S Interference in Pak Affairs, The Frontier Post, 9.12.1990 Main cause of injustice in Courts, The Frontier Post, 23.9.1990 Separation of Judiciary from Executive, The Frontier Post, 23.9.1990 The Law relating to information of offenses, The Frontier Post, 5.1.1991 Freedom and liberty, The Frontier Post, 16.1.1991 The law of war, The Frontier Post, 16.1.1991 Legislators qualifications reviewed, The Frontier...

Damned Before Trial

Enactment of Khyber Pakhtunkhwa Control of Narcotics substances, 2019 overriding Federal law of Narcotic Substances Act, 1997, came as a thunderbolt on Narcotics cartels operating throughout the province being more deterrent in nature due to its inclusion of unnerving penalties like death and up to life imprisonment for a smaller quantum of substance as compared to the overridden law. The act from its inception is being made instrumental against the production, processing, trafficking, and transport of drugs and substances especially Ice. Aimed at eliminating narcotics menace from the society this law is not free from lacunas, the foremost and most important one is lacking a bail clause,...

A Government Prone to Ambiguities

Pakistan Army (Amendment) Act, 2020 regarding re-appointment/ extension of Chief of Army Staff was received with open arms and passed without hurdles by members of both lower and upper house of the parliament and become an act by getting Presidential assent. All this happened after Supreme Court of Pakistan in a case challenging extension of Chief of Army Staff, Qamar Javed Bajwa extended his tenure as COAS for 6 months by the exercise of the buried ‘Doctrine of Necessity’, once again. It was held that there is a lack of statutory provision in the law providing for the extension of the military chief and the parliament should formulate laws and redefine the Army’s Act in order to avoid...

A Dismal Tale of Enactments

2019 was a busy year for lawmakers in Pakistan, having amended and legislated Acts of parliament and temporary laws in shape of Ordinances issued by the President under article 89 and Governors under article 128 of the Constitution of 1973. We are believed to have covered in the legal framework, more or less everything humans are exposed to. Some were enacted for us by the British Parliament while we made the rest and keep making more. Start to the new year witnessed Army (Amendment) Act, 2019, followed by passing a bill like Zainab Alert, Recovery and Response Bill, 2019 in the National Assembly and tabling Vagrancy Restraint Bill, 2020 in the provincial assembly of Khyber Pakhtunkhwa....

Death in Absentia : Death Sentence of General Rtr. Pervez Musharaf

The death sentence awarded to General Rtr. Pervez Musharaf, former military dictator and President of Pakistan was a jolt to the world, and a hot topic for discussion between legal pundits, questioning the legality of the decision in light of Constitution of Islamic Republic of Pakistan, 1973, as amended in 2010 through 18th amendment, which defines High Treason, The Special Court Act, 1976 which establishes and empowers a special court to exclusively try the act and High Treason (Punishment) Act, 1973 which provides for the punishment of the persons convicted of the charges of abrogation and subversion of the constitution or High Treason. The answer we seek is, did Special Court defy...

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پېښور هائيکورټ کښې د بجلۍ ناروا لوډشيډنګ او کم وولټيج په ضد رټ بټيشن جمع کړے شويدے چې پکښې د اوبو او بجلۍ لپاره وفاقي سيکرټري، خيبرپختونخوا حکومت، نيپرا او پيسکو فريق جوړ کړے شويدي

#petition #Against #load-#shedding #submitted in #PHC

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On 8th August 7:00 p.m. KLA Partner Mehwish Muhib Kakakhel will be reprenting lawyers of Khyber Pakhtunkhwa and sharing her success story in first episode of “Next Generation Lawyers – Highlighting the Success” along with other emerging lawyers from different parts of Pakistan. It is purposed to work as guidence for Law students and fresh Law graduates.

Session will be live on: www.facebook.com/PeaceAndJusticeNetworkPakistan
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KLA Senior Partner Saifullah Muhib Kakakhel will be sharing panel with other experts on Digitalising Justice Sector on 6th August 2020. ... See MoreSee Less

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