On 02-12-2021, Imran Hassan Ali appeared as amicus curiae before a Division Bench of the Honourable Lahore High Court, Rawalpindi Bench, to assist the court in respect of some questions of first impression about Order XXVII-A of the Code of Civil Procedure, 1908. He had been specially invited by the court to assist the court in the matter.
The Honourable Chief Justice of the Lahore High Court constituted a special division bench to resolve the conflict of opinions between various benches in respect of interpretation of certain provisions of the Police Order, 2002. On 12-10-2021, the specially constituted division bench was pleased to appoint Ch. Imran Hassan Ali as amicus curiae to assist the Court in the matter.
On 08-12-2021, after hearing the parties’ counsel as well as the amici curiae, the Court held that offences by police officers under Article 155 of the Police Order are cognizale and that ex-officio Justices of the Peace have the power to order registration of FIR against such police officers.
The judgment has been reported at 2022 YLR 1131 Lahore and 2021 LHC 8399 and can also be accessed on the Lahore High Court website by clicking here.
For media coverage of this case, please click on the following button:
On 28-09-2021, Ch. Imran Hassan Ali had the honour of being appointed amicus curiae by the Lahore High Court, Rawalpindi Bench, to assist the Court in a case raising questions of first impression regarding proper interpretation of various provisions of Orders IX and XXXVII of the Code of Civil Procedure.
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.
On 29-09-2021, the petition was heard by a Division Bench of the Lahore High Court, Rawalpindi Bench. After lengthy arguments, Deputy Prosecutor NAB conceded that the notice had been issued in violation of law and stated that the notice under challenge was being withdrawn. Consequently, the High Court disposed of the petition in light of the said conceding statement.
On 02-07-2021, the Honourable Lahore High Court, Rawalpindi Bench, directed the concerned Union Council to lodge a criminal complaint against a man who had forcibly married a minor girl as well as against the Nikahkhwan and the witnesses of Nikah.
A man, with the help of his friends, abducted the minor niece of his former wife and managed to register a so-called Nikah (marriage) with her in the Union Council. It is an offence under the Child Marriage Restraint Act, 1929, to marry or to facilitate marriage of a minor. However, under the 1929 Act, prosecution of the accused could only take place if the concerned Union Council made a complaint to the relevant court. In this case, despite repeated requests of the mother of the minor, the Union Council refused to lodge a complaint against the accused.
Ch. Imran Hassan Ali represented the minor girl and her mother before the High Court in a petition seeking a direction to the Union Council to make the complaint.
On behalf of the accused and the Union Council, it was argued that the Union Council had a discretion in the matter. However, the Court disagreed and held that it was obligatory for the Union Council to lodge a complaint before the relevant court for prosecution of the persons accused of violating provisions of the 1929 Act.
The judgment has since been reported at PLD 2021 Lahore 783.
Ch. Imran Hassan Ali is representing the Petitioners in a Constitution Petition before the Supreme Court of Pakistan challenging the Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulation) Rules, 2020, as being ultra vires of the Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulation) Act, 2020 (KPK Act No. 1 of 2020) as well as the Constitution of the Islamic Republic of Pakistan, 1973.
On 15-01-2021, the Registrar of the Supreme Court refused to register the Constitution Petition and declared that under the Cosntitution such a petition could not be filed directly before the Supreme Court. He observed that the Petitioners should first approach the relevant High Court with their grievance.
The Petitioners challenged the said order of the Registrar through a Miscellaneous Appeal. On 12-04-2021, Ch. Imran Hassan Ali was heard in support of the appeal by the Honourable Justice Mushir Alam in chambers who allowed the appeal and overruled the objections of the Registrar and directed him to register the Constitution Petition so that it may be taken up by the Court on the judicial side.
To follow further progress of this case, click here.
Ch. Imran Hassan Ali is representing a hapless father in an international parental child abduction case. Both father and mother are British nationals of Pakistani heritage.
During a legal battle over custody of their daughter – at present about 7 years old – the mother removed the child from the United Kingdom in violation of a Prohibited Steps Order by a Family Court in England. She married a Pakistani man and brought the child to Pakistan. The father instituted legal proceedings in Pakistan but the mother removed the child from Pakistan and took her to the UAE. The father pursued the matter before UAE authorities. In the meantime, the child’s British passport expired and the Family Court in England restrained the Passport Office from issuing her a new British passport. However, the mother procured a Pakistani passport for the child and brought her to Pakistan. The father again filed a petition before a Sessions Judge in Pakistan but it was dismissed.
Ch. Imran Hassan Ali was engaged to represent the father in the High Court. He filed a habeas corpus petition in the Lahore High Court, Rawalpindi Bench, on behalf of the father. However, once again the mother removed the child from Pakistan and this time took her to Brunei. On 09-02-2021, the High Court took a serious view of this evasive attitude of the mother and ordered the Interior Ministry of Pakistan to cancel the Pakistani passport of the child. It also directed the Ministry of Foreign Affairs to write to the British High Commission in Pakistan to cancel the British Passport of the mother.
The father’s quest to have contact with his daughter is not over yet. But the mother seems to be running out of options. The High Court’s orders will help to pin her down.
On 02-11-2020, Ch. Imran Hassan Ali appeared before the Supreme Court to represent the Respondents in a Petition for Leave to Appeal. The case pertained to a valuable commercial property at a prime location. The Respondents are the original owners and bona fide purchasers. The Petitioner was aggrieved of a judgment of the Lahore High Court whereby his claim for specific performance of an alleged agreement to sell the property in his favour had been declined. The Supreme Court dismissed his petition.
The Government of the Punjab, School Education Department, made gross violations of merit in respect of appointment of Educators by misinterpreting the qualifications criteria prescribed by the relevant rules. Some candidates who had been wrongly deprived of appointment despite being fully qualified challenged the rejection of their candidature through a Writ Petition before the Lahore High Court. They were represented by Ch. Imran Hassan Ali. Their Petition was allowed and the High Court declared that they were fully qualified and their candidature had been wrongly rejected.
The Government filed an Intra-Court Appeal before a Division Bench of the Lahore High Court. Once again, Ch. Imran Hassan Ali successfully represented the candidates. The Government’s appeal was dismissed.
The Government then appealed to the Supreme Court of Pakistan. However, on 01-06-2020, the Supreme Court dismissed the appeal and upheld the judgment of the High Court.
The Government has already issued appointment letters to the aggrieved candidates. They have joined service.
We have been engaged to advise Fauji Electric Power Company Ltd. in respect of a dispute with the Government of Balochistan. The dispute involves a vast area of land in Lasbela, Balochistan. It includes legal issues surrounding installation of an oil pipeline by Fauji Foundation’s partner, BYCO/Universal Terminal Ltd., as well as a mining lease.