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IN THE MEDIA

 

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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PHC seeks govt’s comments in detention case

PESHAWAR: A Peshawar High Court bench on Monday sought comments from federal ministry of defence and provincial home department in a petition filed by father of a detainee, kept in an internment centre without any trial for two years. The petitioner, Sahibullah, a resident of Swabi, requested the court to issue directives to the federal and provincial governments either to conduct trial of his son, Waqasullah, if he was charged for any offence or set him free. A single bench of PHC Chief Justice Waqar Ahmad Seth after preliminary hearing ordered that the respondents including federal ministry of defence and home department should reply to the petition and put forward their point of view....

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PUBLICATIONS

 

P L D 2006 Peshawar 176

P L D 2006 Peshawar 176 BeforeIjaz-ul-Hassan Khan and Muhammad Raza Khan, JJ MAQSOOD AKBAR---Appellant Versus THE STATE---Respondent Criminal Appeal No.64 of 2006, decided on 11th May,2006. Control of Narcotic Substances Act (XXV of1997)--- ----Ss. 9(c) & 25---Appreciation ofevidence---Both complainant and prosecution witness had supported recovery of1900 grams of opium from possession of accused at the given date, time andplace---Both said witnesses had demonstrated complete unanimity on materialpoints and accused had failed to point out any discrepancy in theirstatements---Contradictions highlighted by accused were so minor that on thebasis of those, it could not be said that trial...

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...

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...

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...

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....

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...

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...

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...

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....

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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Saifullah Muhib Kakakhel, Senior Partner KLA spoke on independence of judiciary in light of the present case wherein 6 judges of Islamabad High court have sent letters to the Chief Justice of Pakistan whereafter Suo Motu notice was taken of the matter and heard.

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