Author IALC
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!
FIA releases Rs. 400 million cash; Concedes it was wrongly seized
On 16-09-2023, FIA conducted an unlawful raid at the offices of Sheikh Iftikhar Ahmed Adil and Sheikh Sarosh Iftikhar, the owners of Al-Haram City Housing Society and Asia Housing Society, and seized more than Rs. 400 million cash in Pakistani currency without any justification.
Ch. Imran Hassan Ali was engaged to challenge this unlawful seizure of money through a writ petition before the Lahore High Court, Rawalpindi Bench. The High Court heard preliminary arguments on 10-10-2023 and issued notice to FIA.
On 07-11-2023, the High Court expressed its displeasure and dissatisfaction with the inquiry report filed by FIA, and ordered the Director General of FIA to appear in person to offer an explanation.
On 13-11-2023, the DG failed to satisfy the Court about legality of the actions of his agency. The Court made it clear that the seizure of the Petitioner’s money was utterly unlawful and without authority. DG FIA was constrained to concede this legal position and made a statement that the seizure order would be withdrawn immediately. The Court disposed of the petition in view of this statement and ordered immediate release of the illegally seized money.
For media coverage of this matter, please click on the links below. But please be advised that some of the media reports are grossly exaggerated.
High Court appoints Imran amicus curiae in case about Family Courts Act
On 15-11-2023, the Lahore High Court appointed Ch. Imran Hassan Ali ASC as amicus curaie in a case involving interpretation of some provisions of the Family Courts Act, 1964.
It is a great honour for Imran. All praise is for Allah alone!
FWO returns land acquired for a cement plant
Ch. Imran Hassan Ali has represented a large number of petitioners in three petitions before the Supreme Court of Pakistan. The petitioners were seeking leave to appeal against a judgment of the Peshawar High Court whereby their three writ petitions were dismissed on the technical ground of availability of an alternative remedy. They were challenging the compulsory acquisition of more than 160 acres of their land in Haripur by the Government of KPK. The land was being acquired on the request of Frontier Works Organisation (“FWO”) for installation of a cement plant.
One of the main arguments of the Petitioners was that the Constitution of Pakistan, 1973, and the Federal Government Rules of Business, 1973, only empower the Ministry of Defence to acquire land for defence services. FWO being a formation of Pakistan Army cannot acquire land directly through the agency of a provincal government. Furthermore, installation and operation of a cement plant is beyond the purposes for which FWO was established. Imran also argued that multiple provisions of the Land Acquisition Act, 1894, have been violated by the respondents during the acquisition proceedings. Establishment of a cement plant will also be extremely harmful for the environment.
On 02-12-2019, after lengthy arguments, the Supreme Court agreed to issue notice to the respondents. The Court also issued notice to the Attorney General for Pakistan and the Advocate General for Khyber Pakhtukhwa to appear before the Court at the next hearing and explain the legal status of FWO and the ambit of permissible activities it may engage in.
On 12-12-2019, second hearing of this case took place and, being dissatisfied with the reply of the respondents, the Supreme Court decided to grant interim relief to the petitioners by restraining the respondents from constructing a cement factory on the petitioners’ land till final decision of the case.
On 25-11-2021, the Court expressed its dissatisfaction with the documents filed by FWO as well as the Ministry of Defence, and ordered them to produce the orders of the President under which FWO claims to have been formed.
On 02-02-2023, the Supreme Court finally decided the petitions by holding that the acquired land shall not be owned by FWO. Instead, the land shall remain property of the Government of KPK. FWO cannot mortgage or otherwise create any emcumbrance on the project without approval of the Government of KPK. The project shall not be implemented without first obtaining requisite environmental approvals, permissions and NOCs. Moreover, the project in its entirety shall revert to the Government of KPK after a fixed period.
FWO was being represented by the president of the Supreme Court Bar Association and former High Court Judge, Mr. Ahsan Bhoon.
Update: FWO reconsidered its plan in view of the conditions imposed by the Supreme Court. Eventually, FWO decided to give up the plan and returned the land to the original land owners. The Commissioner issued notification dated 25-09-2023 withdrawing from the acquisition. Necessary mutation of entries in the revenue record have also been effected in favour of the land owners.
For media coverage of this case, please click on the links below: