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 While noting that the existing National Environmental Quality Standards (“NEQS”) have become outdated, the Court also directed the Federal Government as well as all the Provincial Governments to update the NEQS/PEQS within a period of three months and submit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.
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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.
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.
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.
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.
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.
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.
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!
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 LHC 1165 (Muhammad Tariq Khan vs. The National Bank of Pakistan). It can be downloaded from the Lahore High Court website by clicking here.
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.