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!
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:
On 25-10-2023, the Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali, ASC, as amicus curiae in a case regarding ownership of the famous Lal Haveli in Rawalpindi. The case involves interpretation and application of sections 8 and 10 of the Evacuee Trust Properties (Management and Disposal) Act, 1975.
On 30-10-2023, after hearing arguments of the amicus curiae and the counsel for the parties, the Honourable Mr. Justice Mirza Viqas Rauf allowed the petition and ordered immediate desealing of Lal Haveli, while remanding the matter to the Chairman, Evacuee Trust Property Board, for decision afresh on merits.
The judgment has been approved for reporting. It can also be accessed on the official website of the Lahore High Court by clicking here.
The Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali, ASC, as amicus curiae in a case pertaining to the Punjab Technical Education and Vocational Training Authority. The precise question before the Court is whether the Punjab TEVTA Employees Service Regulations, 2011, are statutory or non-statutory. The Court’s answer to this question will determine the maintainability of a writ petition before the High Court by TEVTA employees in respect of their employement related grievances. It will also determine the status of TEVTA employees and whether they are governed by the Master and Servant principle or not.
It is an honour form Imran. All praise is for Allah alone!
Ch. Imran Hassan Ali had the honour of representing the widow of an Honourable Judge, Lahore High Court, who died while still in service. Under the Constitution and the Law, the widow is entitled to certain financial assistance from the state after her husband’s death. However, the Government failed to pay a major portion of the grant to her, citing an opinion of the Ministry of Law and Justice that the widow is not entitled to receive the grant. This opinion contradicts an earlier opinion of the same ministry on the subject.
On 24-05-2021, the High Court heard preliminary arguments on a petition for writs of certiorari and mandamus filed by the widow. After noting that the petition raises important questions involving interpretation of some provisions of the Constitution of Pakistan, the Court issued notice to the Attorney General for Pakistan as well as the Advocate General, Punjab.
On 27-04-2022, the Court gave its final judgment in favour of the Petitioner and declared that she is entitled to the claimed benefits.
The judgment has been reported at PLD 2023 Lahore 324 and 2022 LHC 4171. It can also be dowloaded from the Lahore High Court website by clicking here.
Both the Federal Government and the Punjab Government sought leave to appeal to the Supreme Court. However, on 13-10-2023, the Supreme Court dismissed both petitions and upheld the judgment of the High Court.
On 21-09-2023, the Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali, ASC, as amicus curiae in a winding up petition filed by the Additional Registrar of Companies against a company accused of engaging in multi-level marketing (“MLM”). The questions before the Court are: What is meant by MLM, which is not defined in the Companies Act, 2017, and whether the Securities and Exchange Commission of Pakistan (“SECP”) has gathered and presented enough evidence to substantiate the allegation of MLM and, therefore, a winding up order against the respondent company?
It is an honour for Imran. All praise is for Allah alone!
The building of a famous hotel chain in Murree is the subject of a contractual dispute between partners in a joint venture business agreement (“JV”). One party (“the claimant”), who is the sleeping partner, sought damages as well as cancellation and rescission of the JV alleging certain breaches of the agreement. The second party, who is actively managing the property/business, denied the claim. The matter went to arbitration. The arbitrator, a former High Court judge, gave an award in favour of the claimant, declaring the agreement null and void, and directing the second party to give up possession of the building. The award was made rule of the court by the Civil Judge who dismissed the second party’s objections. The second party’s appeal to the High Court was also unsuccessful.
Ch. Imran Hassan Ali was instructed by the second party for a petition seeking leave to appeal to the Supreme Court of Pakistan. On 06-07-2023, after hearing Imran in support of the petition, the Supreme Court granted ex parte ad interim injunction protecting possession of the second party. The case was heard again on 10-08-2023 in the presence of counsel for the other side by a bench headed by the Honourable Chief Justice Umer Ata Bandial, and the interim injunction in respect of possession was extended till further orders.
The case raises some interesting questions of contract law.
Ch. Imran Hassan Ali is advising the committee representing the traders and businessmen of Rawalpindi Cantonment seeking revision of policy for conversion of Old Grants and Cantonment Code Leases into regular leases. The proposals drafted by Imran are being used by the committee in its negotiations with the Cantonment Chief Executive, the Director General, Military Land and Cantonments, and the Secretary, Ministry of Defence.
For media coverage of this matter, click on the following links:
Imran successfully represented some landowners in the High Court whose land had been illegally expropriated by the Punjab Government for construction of a so-called sports stadium in Chakwal. Instead of following the due process for acquisition of land, the government officials simply made certain mutation entries in land record without consent of the landowners. The landowners successfully challenged this illegal expropriation of their land before the Civil Court. Government’s appeal to the District Judge failed. The government challenged decisions of the lower courts in the Lahore High Court, Rawalpindi Bench, and then delayed the matter on various flimsy excuses for almost ten years. However, eventually, on 09-01-2023, the High Court dismissed the governent’s petition despite government’s plea to further adjourn the matter.
It is of great concern, however, that almost all of the original landowners died during this long drawn out legal battle. The case was being pursued by the second generation. If the government appeals to the Supreme Court, the matter might drag on for years still.
On 28-09-2022, the Honourable Lahore High Court, Rawalpindi Bench, was pleased to appoint Imran Hassan Ali as amicus curiae in a case under labour laws. The question before the High Court pertains to the proper definition and scope of the term “workman” in the context of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.
It is a great honour for Imran. All praise is for Allah alone!