Author IALC

The Gatmells Motel Litigation Finally Draws Close to The End

Ch. Imran Hassan ALi, ASC, has successfully resisted a petition arising out of the Gatmells Motel litigation in the High Court.

The case pertains to the ownership and partition dispute between family members over the famous property, 1 Old Jail Road, Rawalpindi, which has been going on for almost 25 years, having started in the Civil Court in the year 2000. The property, worth billions, is situated between the District Judicial Complex and the Rawalpindi Golf Club. It also includes the famous Gatells Motel. Imran has been representing four out of the six siblings involved in the dispute before the High Court. Over time, numerous appeals and petitions have arisen out of this litigation, some of which even reached the Supreme Court.

On 09-12-2024, the Lahore High Court, Rawalpindi Bench, dismissed one of the last civil revision petitions brought by one of the siblings to challenge the dismissal of her appeal against the final decree of the Civil Court. Imran represented the Respondents in this petition.

Finally, the end appears to be in sight. But it is not quite “The End” yet. Multiple applications remain pending before the High Court and the unsuccessful petitioner might take the matter to the Supreme Court yet again.

Watch this space for updates on this litigation.

Tags,

Imran Successfully Mediates a 19-Year-Old Property Dispute

On 11-12-2024, Chaudhary Imran Hassan Ali, ASC, was appointed as the mediator by the Lahore High Court, Rawalpindi Bench, to resolve a longstanding property dispute that has been ongoing for nearly two decades. The case involved multiple parties and required complex mathematical calculations to determine shares in inherited property over many generations.

Imran facilitated discussions between the disputing parties with the aim of reaching a mutually agreeable settlement. Imran’s intervention led to a constructive dialogue and the parties were able to reach an agreement. The agreement has already been signed and filed in Court. The case is scheduled to come up before the Court in February 2025 when it is expected to be disposed of in terms of the agreement, thus bringing a long-drawn-out legal battle to an amicable end.

The Court’s decision to appoint a mediator underscores its commitment to finding a timely and amicable resolution to the matter, avoiding further prolonged litigation. Such initiatives can help decongest court dockets and offer a more efficient resolution process for complex disputes. It could set a precedent for future property-related disputes.

Tags,

Imran appears as amicus in case about Shia Jurisprudence

On 21-09-2022, the Honourable Lahore High Court, Rawalpindi Bench, was pleased to appoint Imran Hassan Ali as amicus curiae in a case involving a dispute about the proper procedure for khula under Shia Jurisprudence (Fiqh-e-Jafria). More specifically, the extent of jurisdiction of the Family Court in such matters was to be determined by the High Court.

Arguments were heard on multiple dates. Eventually, the Court rendered its detailed judgment in November 2024, agreeing with the submissions of the amicus curiae and the Advocate General Punjab.

The citation for the judgment is 2024 LHC 5108 (Syed Shouzab Imran Kazmi vs. Syeda Iffat Bukhari etc.). It can be downloaded from the Lahore High Court website by clicking here.

It is a great honour for Imran. All praise is for Allah alone!

Tags, , , , , ,

Supreme Court orders closure of three stone crushing plants in KPK; Wants NEQS updated within three months

Ch. Imran Hassan Ali is representing the Petitioners in a Constitution Petition challenging the Khyber Pakhtunkhwa Power Crusher Rules, 2020. Through these rules, the Government of KPK has reduced the safe distance for power crushers from places of human habitation from 1000 metres to 500 metres in urban areas and 300 metres in rural areas, which has created an environmentally disastrous situation for hundreds of thousands of people in the province of KPK.

On 15-06-2021, the Supreme Court accepted preliminary arguments of the Petitioners and issued notice to the Government of KPK. The Court also directed the relevant authorities to inspect the power crushers near Petitioners’ village to make sure that they are complying with the current national environmental quality standards. The Court also added the power crusher owners as respondents in the Constitution Petition.

On 06-04-2022, Imran submitted on behalf of the petitioners that the power crusher owners are harassing and intimidating the locals to make them sell their lands to them. He requested the Court to make an interim order to curb such coerced sales of land. The Court allowed the Petitioners’ request to place a moratorium on transfer of land around stone crushers in the area until further orders. This order will save the locals from undue harassment and pressure at the hands of unscrupulous power crusher owners.

On 25-04-2022, the Court decided to adopt an inquisitorial approach and appointed a special commission headed by the renowned environmental lawyer, Dr. Parvez Hassan, to inspect the operation of power crushers in KPK and to ensure compliance of environmental standards. The order can be downloaded by clicking here.

Further hearing of the case took place on 11-07-2024 and 12-07-2024. After lengthy and detailed hearing, the Supreme Court ordered immediate closure of three power crushers in village Suraj Galli, Tehsil Khanpur. The Court also directed the Government of KPK to file a detailed report about the status of almost 900 power crushers operating in the province of KPK. While noting that the existing National Environmental Quality Standards (“NEQS”) have become outdated, the Court also directed the Federal Government as well as all the Provincial Governments to update the NEQS/PEQS within a period of three months and submit their respective updated/revised EQS before the Court. The said order has been approved for reporting. It can be downloaded from the Supreme Court website by clicking here.

The power crusher owners are being represented by senior advocates Barrister Ch. Aitzaz Ahsan, Khawaja Haris Ahmad and Barrister Gohar Ali Khan.

To watch coverage of this case by various TV and YouTube channels, please watch the following YouTube videos:

For print and electronic media coverage of this case, please click on the links below:

Tags, , , ,

Case regarding CAA Regulations referred to five-member bench of Supreme Court

Ch. Imran Hassan Ali represented the petitioner before the Supreme Court of Pakistan in a Civil Petition for Leave to Appeal against a judgment of the Lahore High Court. The High Court had dismissed the petitioner’s Writ Petition by relying upon two judgments of the Supreme Court in which the Civil Aviation Authority Regulations, 2000, had been declared to be non-statutory.

On 01-01-2018, finding prima facie merit in Imran’s submissions, the Court decided to grant leave in order to revisit its own earlier judgments. Consequently, the CPLA was converted into an appeal.

On 05-07-2024, the appeal was heard by a three-member bench of the Supreme Court. In view of the importance of the questions of law involved, the bench referred the case to a five-member bench for futher hearing.

Tags, ,

NAB again withdraws unlawful notice issued to Al-Haram City

Ch. Imran Hassan Ali represented the sponsors and management of Al-Haram City before the Lahore High Court, Rawalpindi Bench, in a Constitution Petition challenging an illegal notice issued by National Accountability Bureau (“NAB”). Al-Haram City is a major private real estate developer of the twin cities. Through the said notice, NAB had summoned the sponsors and management of Al-Haram City in connection with some contractual disputes and regulatory matters that do not fall within jurisdiction of NAB.

The petition was finally heard on 24-06-2024 by a Division Bench of the Lahore High Court, Rawalpindi Bench. The DG NAB Rawalpindi had been summoned by the Court to appear in person on that date to satisfy the court about legality of the notice. However, the Deputy Prosecutor General NAB and DG NAB were unable to satisfy the Court. Therefore, they opted to withdraw the notice with immediate effect. Consequently, the petition was disposed of.

It is important to highlight that it was the second time that NAB had to concede that notice issued by it to Al-Haram City was unlawful. Previously, a similar notice had been issued. The management of Al-Haram City had challenged that notice through Ch. Imran Hassan Ali. On 29-09-2021, that petition was heard by a Division Bench of the Lahore High Court, Rawalpindi Bench. After lengthy arguments, Deputy Prosecutor NAB had conceded that the notice had been issued in violation of law and stated that the notice would be withdrawn immediately. Consequently, the High Court had disposed of the petition in light of the said conceding statement.

Tags, ,

Imran’s lecture on High Court Rules and Orders

On 27-05-2024, Ch. Imran Hassan Ali, ASC, delivered a lecture on the High Court Rules and Orders to members of the Rawalpindi High Court Bar Association in the main auditorium of the bar building. The lecture can be watched online by clicking here.

Tags,

High Court appreciates Imran’s Assistance as amicus curiae

The Lahore High Court appointed Ch. Imran Hassan Ali, ASC, and Agha Muhammad Ali, ASC and former judge Lahore High Court, as amici curiae to assist the court regarding the liability of an uncle to pay maintenance to his niece. The case involved interpretation and application of various principles of Islamic jurisprudence as well as the family law in Pakistan.

Final hearing of the case took place on 22-04-2024. In its judgment, the Court appreciated the amici curiae in the following words: “Before parting, I deem it apt to appreciate the assistance rendered by the amici curiae, which enabled this Court to reach this conclusion.”

It is a tremendous honour for Imran. All praise is for Allah alone!

The judgment has been reported at 2024 LHC 2111. It can be downloaded from the Lahore High Court website by clicking here.

Tags, ,

Imran’s lecture on Court Terminology and Common Errors

On 13-05-2024, Ch. Imran Hassan Ali, ASC, delivered a lecture on Court Terminology and Common Errors to members of the Rawalpindi High Court Bar Association in the main auditorium of the bar building. The lecture can be watched online on the Facebook page of Wooqlaw by clicking here.

Tags,

Imran’s lecture on Judicial Review

On 09-05-2024, Ch. Imran Hassan Ali, ASC, delivered a lecture on Judicial Review to members of the Rawalpindi High Court Bar Association in the main auditorium of the bar building. The lecture can be watched online on the Facebook page of the Rawalpindi High Court Bar Association by clicking here.

Tags,