On 19-02-2016, Ch. Imran Hassan Ali was interviewed and recommended for enrolment as Advocate Supreme Court of Pakistan by the Enrolment Committee of the Honourable Supreme Court of Pakistan. The committee was headed by the Senior Puisne Judge, Mr. Justice Mian Saqib Nisar, and included two members of Pakistan Bar Council, namely Mr. Shoaib Shaheen, ASC, and Mr. Ghulam Mustafa Kandwal, ASC. Aged 35, Imran has become one of the youngest advocates ever to be admitted as an Advocate Supreme Court. All praise is for Allah Almighty alone.
Ch. Imran Hassan Ali was appointed amicus curiae by the Honourable Lahore High Court to assist the Court as to what would be the appropriate remedy against an order of rejection of plaint passed in exercise of revisional jurisdiction. The said case was fixed before Honourable Mr. Justice Arshad Mahmood Tabassum – may his soul rest in peace – on 02-12-2015 when Ch. Imran Hassan Ali appeared as amicus curiae and addressed the Court on the question of maintainability. Accepting his submissions, the Court held that the only remedy available against such an order would be a constitution petition (writ of certiorari) and that an appeal would not be maintainable. The judgment is reported as “Ghulam Akhtar vs. Naseer Ahmed” (2017 CLC Note 29 Lahore).
On 12-10-2015, Ch. Imran Hassan Ali, successfully defended the nomination papers of Akhtar Hussain Shahbaz. The case was heard by Mr. Justice Mamoon Rashid Sheikh – a judge of the Honourable Lahore High Court – who sits as the Election Appellate Authority. Mr. Shahbaz is a candidate for election in the Local Government Elections. His candidature was challenged by Saeed Akhtar.
Ch. Imran Hassan Ali, Advocate, represented the successful Petitioner in a Petition for Writ of Habeas Corpus before the Honourable Lahore High Court, Rawalpindi Bench. The Petitioner was the hapless mother of a 4-year-old boy. She had been deserted by her husband, the child’s father, who wanted to marry another woman. The child was living with the mother when one day he was forcibly taken away by the father, a serving army commando. The mother had no option but to take recourse to legal proceedings. She filed a Writ Petition in the High Court.
The Court ordered the bailiff to produce the child in Court. The bailiff, along with police, raided the father’s family house. Despite some resistance by the father’s influential family, the child was recovered and brought before Court. Both sides were heard at length. Eventually, the Court found in favour of the mother. It was guided by principles of Shariah/Islamic Jurisprudence, which give a mother priority in matters of custody/guardianship of minor children.
Ch. Imran Hassan Ali, Advocate, represented the successful appellant in a criminal appeal against conviction before the Honourable Lahore High Court, Rawalpindi Bench. The appellant, Muhammad Saleem, had been convicted of rape under S. 376 of the Pakistan Penal Code and sentenced to life imprisonment by the Trial Court. The High Court accepted the appeal and acquitted the appellant of all charges against him.
Ch. Imran Hassan Ali, Advocate, represented the successful Petitioner in a Writ Petition against Pakistan Telecommunication Company Ltd. (“PTCL”) before the Honourable Islamabad High Court. The Petitioner was employee of PTCL. He opted for Voluntary Separation Scheme (“VSS”) launched by PTCL. He was just 22 days short of the period of service required before an employee becomes entitled to pension. PTCL hastened to accept his application for VSS before he completed the said period. He was thus deprived of pension despite having worked at PTCL for more than 19 years. He challenged it before the Islamabad High Court.
The Respondent argued that after its privatisation PTCL is not amenable to Constitutional Jurisdiction of the High Court. The Court rejected this objection by employing the “function test”.
The Court accepted the Writ Petition on merits and declared that the Petitioner was entitled to pension.
Ch. Imran Hassan Ali, Advocate, represented the successful Petitioners in a Writ Petition before the Honourable Lahore High Court, Rawalpindi Bench. The Petitioners held B.Tech (Hons) degrees. They applied for appointment to the posts of Assistant Executive Engineers (B&R/E&M) advertised by Military Engineering Services (“MES”). Their applications were rejected. MES said that they were not qualified. They challenged the rejection of their applications in the High Court.
The Respondents argued that the Writ Petitions were not maintainable because the Petitioners had failed to avail of the remedy of appeal provided by the relevant statute within time. The Court rejected this objection. It held that where a statutory functionary acts with mala fide or in a partial, unjustified and oppressive manner, the High Court has the power to grant relief to the aggrieved party by exercising its Constitutional Jurisdiction.
On merits the Court held: “It seems that the petitioners have been dealt with in a discriminatory manner. The respondents have failed to explain the rationale behind refusal to entertain the applications of the petitioners whereas it is established that the previous applications of the candidates holding B.Tech (Hons) degree have been entertained and appointments have been made against the posts of Assistant Executive Engineers which fact has not been denied by the Assistant Director (legal) appearing on behalf of Federal Public Service Commission.”
Consequently, the Court allowed the Writ Petitions, set aside letters of rejection and remitted the matter to the relevant Respondent for fresh decision on the Petitioners’ applications.
The judgment is reported as “Aftab Ahmed and another vs. Federation of Pakistan etc.” [2014 PLC (C.S.) 575 Lahore = K.L.R. 2014 Civil Cases 174].
Ch. Imran Hassan Ali, Advocate, represented the successful appellants in an Intra-Court Appeal before a Division Bench of the Honourable Islamabad High Court. Two Appellants were Deputy Secretaries and one was Joint Secretary in the National Assembly Secretariat. They applied for allotment of plots in schemes developed by the Federal Government Employees Housing Foundation (FGEHF). Their applications were rejected. FGEHF was of the view that emloyees of Constitutional Bodies like the National Assembly and Senate of pakistan etc. are not entitled to allotment of plots under FGEHF policy. The Appellants initially filed a Writ Petition, which was dismissed by a judge-in-chambers. They then engaged Ch. Imran Hassan Ali for an Intra-Court Appeal. They had retired in the meanwhile. The appeal was heard by a Division Bench on 30-09-2013, when it was allowed. The Court held that the employees of Constitutional Bodies, inlcuding the appellants, are entitled to allotment of plots in their respective categories.
Ch. Afrasiab Khan, ASC, represented the successful Petitioners and Appellants (all high ranking bureaucrats) in two Constitution Petitions and a Civil Appeal challenging, inter alia, the following pieces of legislation:
The Honourable Supreme Court declared that all these legislations are in violation of the Constitution. The Court also declared illegal all “absorptions” by the Government of Sindh since 1994. The Court futher declared that all out of turn promotions given under section 9-A of the Sindh Civil Servants Act, 1973, by the Government of Sindh to an employee or civil servant with or without antedated seniority since 22-01-2002, when section 9-A was inserted through Ordinance IV of 2002, are ultra vires of the Constitution.
The Honourable Supreme Court then directed: “A copy of this judgment be sent to the Chief Justice, Sindh High Court, through Registrar for circulating it amongst the learned judges. A copy of this judgment be also sent to all the Chief Secretaries of the Provinces as well as Secretary, Establishment Division, Government of Pakistan, with the direction to streamline the service structure of civil servants in line with the principles laid down in this judgment. The Chief Secretary and Secretary, Services, Sindh, are further required to comply with this judgment in letter and spirit and report compliance within three weeks.”
Honourable Mr. Justice Asif Saeed Khan Khosa added a landmark additional note to the judgment, which reads: “It is true that the judicial precedent available thus far declares that mala fide cannot be attributed to the legislature but if a legislature deliberately and repeatedly embarks upon a venture to nullify considered judicial verdicts in an unlawful manner, trample the constitutional mandate and violate the law in the manner it was done in the presentcase then it is difficult to attribute bona fide to it either.”
The Respondents were represented by senior lawyers Dr. Farough Naseem, Anwar Mansoor Khan, Miangul Hassan Aurangzeb, M.M. Aqil Awan and Khalid Javed etc..
The judgment is reported at 2013 SCMR 1752. A copy is also available on the Supreme Court website.
Ch. Afrasiab Khan, ASC, represented the successful Petitioner in a Petition for Writ of Certiorari before the Honourable Islamabad High Court. He was assisted by Ch. Imran Hassan Ali, Advocate. The Petitioner, Muhammad Azhar Chughtai, was employed as Manager (S&FA) in the Oil and Gas Development Company Ltd. (OGDCL). He was wrongfully terminated from service. The High Court set aside the termination by holding that the Deputy Chief HR Officer had wrongly bypassed the the Board of Directors in issuing the termination letter, which was, therefore, without lawful authority. The Court further held that the termination was a mala fide response by OGDCL to Mr. Chughtai’s plea for regularisation in service. Consequently, the Court ordered that the Petitioner would be deemed to have never been terminated. He will also be entitled to full pay and benefits for the period he was kept out of office.