Author IALC
High Court appoints Imran amicus curiae in a case about Islamic Jurisprudence
On 09-05-2024, the Lahore High Court appointed Ch. Imran Hassan Ali, ASC, amicus curiae in a case involving application of principle of Islamic Jurisprudence regarding entitlement of a divorced adult woman to claim maintenance from her father. The case will also involve discussion of the liablity of the state in such cases.
It is a great honour for Imran. All praise is for Allah alone!
High Court quashes dismissal from service of a National Bank employee
Ch. Imran Hassan Ali, ASC, has successfully represented a National Bank employee before the Lahore High Court, Rawalpindi Bench, in the matter of his wrongful dismissal from employment. The petitioner was serving as an Officer Grade-II of the National Bank of Pakistan when he was dismissed from service on the basis of false allegations of abetment and facilitation of an armed robbery at Rawat branch of the bank. His appeal was dismissed by the appellate authority of the bank.
The petitioner then challenged his dismissal before the Lahore High Court through a writ petition in which he was represented by Ch. Imran Hassan Ali. The case involved intricate questions of territorial jurisdiction, labour law, employment law, and statutory or non-statutory nature of service rules. Detailed arguments were heard by the Honourable Mr. Justice Mirza Viqas Rauf on 14-12-2023, 25-01-2024, 07-02-2024 and 16-02-2024 after which judgment was reserved.
The Honourable Mr. Justice Mirza Viqas Rauf announced the judgment on 27-03-2024, allowing the writ petition and ordering reinstatement of the petitioner in bank employment. The court also ordered the bank to pay the arrears of pay and other emoluments to the petitioner since his wrongful dismissal from service.
The judgment has been reported at 2024 CLD 1350 Lahore (Muhammad Tariq Khan vs. The National Bank of Pakistan). It can be downloaded from the Lahore High Court website by clicking here.
Supreme Court quashes penalty of a civil servant; Lays down far-reaching legal principles
Ch. Afrasiab Khan, ASC, has successfully represented a civil servant (Deputy District Education Officer) before the Supreme Court of Pakistan. He had appealed from a decision of the Punjab Service Tribunal upholding the penalty imposed on him by the competent authority. On, 17-08-2023, the Supreme Court allowed the appeal and quashed the penalty. In its detailed judgment, the Court has laid down some important and far-reaching legal principles.
The Court has held that the Law intends that a show cause notice must conform to at least seven essential elements:
- It should be in writing and should be worded appropriately
- It should clearly state the nature of charge(s), date and place of the commission or omission of acts, along with apportionment of responsibility
- It should clearly quote the relevant clause under which the delinquent is liable to be punished
- It should also indicate the proposed penalty in case the charge is proved
- It should specify the date and time by which explanation should be submitted
- It should be issued under the signatures of the competent authority
- It should contain the time, date and place of the inquiry and the name of the inquiry officer
Secondly, the Court has held that a judicial order must be a speaking order manifesting by itself hat the court or tribunal has made an effort to resolve the questions involved for their proper adjudication. If the final order does not bear an imprint of such effort and, on the contrary, discloses arbitrariness of thought and action, the inescapable result would be that justice had neither been done nor seemed to have been done.
The title of the case is Sanaullah Sani vs. Secretary Education Schools etc. The Judgment has been reported at 2024 SCMR 80 and 2024 PLC (C.S.) 161 SC. It can also be downloaded from the Supreme Court website by clicking here.
Imran acts as Court-appointed mediator in a high stakes commercial dispute
Recently, Ch. Imran Hassan Ali, ASC, was appointed by the Lahore High Court, Rawalpindi Bench, as a mediator in a commercial dispute pertaining to a commercial and residential plaza in Bahria Town, Rawalpindi, which is worth Rs. 490 million at the base price. The current market value of the building is much higher. The dispute is between the builder/owner and the marketing agency/buyer. Each side is alleging breach of contract by the other.
It is the second court-annexed mediation in Rawalpindi but the first ever involving a commercial dispute. It represents a new trend of alternative dispute resolution which is being spearheaded by the famous commercial judge of the Lahore High Court, the Honourable Mr. Justice Jawad Hassan.
Supreme Court sets aside judgment of a Division Bench of the High Court; Remits case for decision on merits
On 15-02-2024, Ch. Imran Hassan Ali, ASC, successfully represented an appellant before the Supreme Court of Pakistan. He had appealed from a judgment of a division bench of the Lahore High Court whereby the appellant’s intra-court appeal had been dismissed as not being maintainable. Originally, the appellant had challenged an order of the Punjab Board of Revenue refusing to return his land situated on main G.T. Road in Jhelum City that had been acquired by the Post War Reconstruction Fund (predecessor of the Fauji Foundation) to establish textile mills but which was no longer needed for the said purpose and was being auctioned by the government.
The Division Bench of the High Court was of the opinion that the appellant had a right of appeal under the Land Acquisition Act, 1984, as well as the remedy of review under S. 8 of the Board of Revenue Act, 1958, therefore, the intra-court appeal was not maintainable in view of S. 3 of the Law Reforms Ordinance, 1972. That judgment is reported at 2024 CLC 114 Lahore and can also be downloaded from the Lahore High Court website by clicking here.
Agreeing with Imran’s submissions, the Supreme Court took the opposite view and held that the said remedies of appeal and review were not applicable to the appellant’s case. Therefore, his intra-court appeal was maintainable before a Division Bench of the High Court. The Supreme Court remitted the case to the Division Bench for decision on merits. The title of the case is Rehm Dad v. Province of Punjab through its Chief Secretary, Lahore and others. The Judgment is reported at PLD 2024 SC 499 and 2024 SCP 93. It can also be downloaded from the Supreme Court website by clicking here.
Imran appears as amicus curiae in case about forest laws
On 06-10-2022, the Honourable Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali as amicus curiae in a case pertaining to the forest laws. The question before the High Court is whether the law empowers the Government to impose any type of restrictions on citizens to cut down or remove trees from their private land.
The case was heard and decided on 26-02-2024. Imran’s assistance was generously appreciated by the Court in its judgment, which is reported at 2024 LHC 839 and can be downloaded from the Lahore High Court website by clicking here.
It is an honour for Imran. All praise is for Allah alone!
Imran addresses a trendsetting seminar on mediation
On 15-02-2024, Ch. Imran Hassan Ali, ASC, addressed a trendsetting seminar on mediation. The theme of the seminar was “The Future of Mediation”. It took place in the auditorium of the Rawalpindi High Court Bar Association building, and was organised by the Mirza Anwar Baig Academy for Lawyers in collaboration with The Chartered Institute of Arbitrators (Pakistan Branch) and the Dispute Resolution Forum of the Institute of Business Administration.
Imran’s speech focused on “Mediation Fundamentals: The Cornerstone of ADR – An introduction to mediation principles and practices, setting the stage for its application in legal disputes.”
Other distinguished speakers included former Senior Puisne Judge of the Supreme Court of Pakistan, the Honourable Justice (R) Mushir Alam, the Honourable Justice Sadaqat Ali Khan, the Honourable Justice Jawad Hassan, the president of HCBA Rawalpindi, Mr. Tanvir Iqbal Khan, Syed Bulent Sohail, Barrister Mian Sheraz Javaid and Barrister Muhammad Usama Qazi. The seminar was moderated by Barrister Talha Ilyas Sheikh and Barrister Minaal Tariq.
To watch the seminar, please click here. Imran’s speech starts at the 11:10 mark.
Lahore High Court Blocks FIR Against Female CEO in Cheque Dispute
In light of a contractual dispute and the dishonor of two cheques, an investor in a dairy company sought to initiate legal action by attempting to lodge a First Information Report (FIR) under section 489-F of the Pakistan Penal Code against the female CEO of the company. However, the Station House Officer (SHO) declined to register the FIR. Subsequently, the investor sought the intervention of the Additional Sessions Judge/Ex-Officio Justice of the Peace, who directed the SHO to register the FIR.
Responding to this development, Ch. Imran Hassan ali was instructed to file a petition on behalf of the company CEO before the Lahore High Court, Rawalpindi Bench, challenging the decision of the Justice of the Peace. On January 10, 2024, the petition was presented before the Honourable Mr. Justice Sadaqat Ali Khan. Following preliminary arguments, Justice Sadaqat Ali Khan suspended the order of the Justice of the Peace and issued an injunction, thereby restraining the SHO from proceeding with the registration of an FIR against the Petitioner.
Update: On 21-03-2024, the court disposed of the petition after observing that the order of the Additional Sessions Judge/Ex-Officio Justice of the Peace would not have any effect and FIR would not be registered on its basis. The matter was then referred to the CPO for fresh decision after taking into account the legal arguments and evidence relied upon by the petitioner.
Appellate Tribunal accepts nomination papers of candidate for PP-09
The Returning Officer for constituency No. PP-09 (Gujar Khan) rejected the nomination papers of a candidate belonging to PML(N) for General Elections 2024. The Returning Officer held that the candidate is disqualified because he has defaulted in payment of gas charges of about 57 million Rupees to SNGPL in connection with a CNG station.
Ch. Imran Hassan Ali was instructed to file an appeal against the rejection order.
On 04-01-2024, the Appellate Tribunal comprising of the Honourable Mr. Justice Mirza Viqas Rauf allowed the appeal and accepted the nomination papers. The tribunal held that the Returning Officer has no authority to declare a candidate defaulter in the absence of a determination of his liability by a court of competent jurisdiction, in this case the Gas Utility Court.
Imran appointed amicus curiae by High Court in cases about Banking Law
On 29-11-2023, the Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali as amicus curiae in some cases about Banking Law. The cases involve interpretation of provisions of the Banking Companies (Recovery of Finances) Ordinance, 2001. Financial facilities of about Five Hundred Million Rupees are involved in these suits, which have been instituted by companies falling under the umbrella of Sadiq Group of Companies against various banks.
It is a tremendous honour for Imran. All praise is for Allah alone!