Ch. Imran Hassan Ali, ASC, had initial success at the Supreme Court on 01-11-2019 at the preliminary hearing of a Constitution Petition that challenges the National Command Authority (Amendment) Act, 2016, as being unconstitutional. After hearing preliminary submissions, the Court issued notice to the Attorney General for Pakistan.
The amendment Act was promulgated to nullify a judgment of the Supreme Court in Shafique Ahmed Khan and others vs. NESCOM etc (PLD 2016 SC 377), which had declared that the rules governing terms and conditions of service of NCA employees were statutory. The Act declares that these rules are non-statutory. It is aimed at creating a Master and Sevant relationship between NCA and its employees, including employees of the 13 strategic organisations that are controlled by NCA. If allowed to stand, this amendment will oust the jurisdiction of the High Courts in cases of wrongful dismissal or removal from service and other grievances of NCA employees.
Update: On 23-01-2020, a differently constituted bench of the Supreme Court disposed of this Constitution Petition after allowing the Petitioner to amend his Writ Petition already pending before the Lahore High Court and directed the High Court to decide the question of vires of the NCA (Amendment) Act, 2016.
Ch. Imran Hassan Ali, ASC, enjoyed double success while representing SKB-KNK Joint Venture before the Supreme Court of Pakistan. SKB-KNK Joint Venture (“the contractor”) built the Rainee Canal for the Water and Power Development Authorirty (“WAPDA”). A dispute arose as to the amount due to the contractor in respect of a certain category of work. The contractor invoked arbitration clause of the agreement. The arbitrators found in favour of the contractor and awarded Rs. 250 million. WAPDA filed an appeal. The Honourable Lahore High Court initially dismissed the appeal in default but then re-admitted it by allowing WAPDA’s time-barred application. The contractor engaged Ch. Imran Hassan Ali, Advocate Supreme Court, to file a Civil Petition for Leave to Appeal in the Honourable Supreme Court of Pakistan. The Court granted leave to appeal. Eventually, the appeal was also allowed after a detailed hearing and the order of the Lahore High Court was set aside on 13-02-2018 with the consequence that the award of Rs. 250 million in favour of the contractor was upheld.
WAPDA filed a Review Petition and was initially successful in convincing the Court to issue notice to the contractor. Once again Ch. Imran Hassan Ali was instructed by the contractor. After two lengthy hearings, WAPDA’s Review Petition was also dismissed. The Honourable Supreme Court upheld the award of Rs. 250 Million in favour of our client, SKB-KNK Joint Venture.
Ch. Imran Hassan Ali represented the Respondents in four appeals in the Honourable Lahore High Court, Rawalpindi Bench. The case pertains to the ownership and partition dispute between family members over the famous property, 1 Old Jail Road, Rawalpindi. Gatemells Motel is also a part of this property. The property, worth billions, is situated between the District Judicial Complex and the Rawalpindi Golf Club. After hearing both sides, the Court came to the conclusion that it lacked pecuniary jurisdiction to hear the appeals. The cases were transferred to the District Judge for decision on merits.
Ch. Imran Hassan Ali successfully represented Pakistan Mineral Development Corporation (“PMDC”) before the Honourable Supreme Court of Pakistan, first in a Civil Petition for Leave to Appeal and then in the consequent appeal.
PMDC has been involved in a long-drawn-out legal battle with the Government of the Punjab. The dispute concerns ownership of the surface land of Khewra Salt Mine – the second largest salt mine in the world. The area of land involved is more than 18606 Kanals (2325 Acres approx.). The Trial Court had decreed PMDC’s suit and declared that PMDC was the owner of the said land. On appeal, that judgment was reversed in favour of the Government. PMDC filed a Revision Petition before the Honourable Lahore High Court, Rawalpindi Bench. Unfortunately, instead of deciding the case on merits, the High Court dismissed the petition solely on the technical ground that no resolution of the Board of Directors of PMDC authorising institution of the case on its behalf had been filed at any stage.
PMDC filed a petition for leave to appeal in the Honourable Supreme Court of Pakistan. Ch. Imran Hassan Ali, ASC, represented PMDC and submitted that there is no statutory provision specifically requiring filing of a board resolution along with the plaint or petition, and the need to file one would have arisen only if and when a specific objection had been taken by the Defendant (Government), which should have been taken at the earliest stage possible. However, the Government had never taken this objection at any stage before the Trial Court or the Appellate Court, therefore, it should not have been allowed at such an advanced stage. He also submitted that the High Court had misapplied some judgments of the Supreme Court while failing to apply some other more relevant ones. After a very lengthy hearing, the Supreme Court granted leave to appeal.
At final hearing of the appeal, the Additional Advocate General for Punjab appearing on behalf of the Government of the Punjab, after an initial attempt to defend the High Court’s order, conceded that PMDC’s petition had been wrongly dismissed on technical grounds. Consequently, the Supreme Court allowed PMDC’s appeal and remitted the case to the High Court for decision on merits.
On 14-03-2018, Ch. Imran Hassan Ali, ASC, successfully represented Sunni Tehreek, a polictical party, before the Honourable Supreme Court of Pakistan. The Election Commission of Pakistan had cancelled registration of the party ahead of General Elections, 2018, without giving it adequate opportunity to fulfil certain statutory requirements. The Court allowed the appeal and gave the Appellant further time to fulfil the statory requirements for extension of its registration with the Election Commission.
The case is titled Sunni Tehreek vs. Election Commission of Pakistan thr. its Secy. & another (C.A. 199/2018). Further details about the case can bee seen on the Supreme Court website by clicking here.
Ch. Imran Hassan Ali represented the successful 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. Finding prima facie merit in Imran’s submissions, the Court decided to grant leave in order to revisit its own earlier judgments.
Ch. Imran Hassan Ali, ASC, has been engaged as counsel for Nawabzada Abdul Qadir Khan Hoti in a Revision Petition before the Honourable Lahore High Court, Rawalpindi Bench. The case pertains to a dispute among family members over partition of the famous Hoti House situated just off the Mall in the mountain resort town of Murree. It is a prime property worth tens of millions. It was used as a holiday home by the Hoti family of Mardan for decades. It was briefly requisitioned by the Government during General Ayub Khan’s regime and housed the Indian High Commission at one point prior to 1965 war. It was returned to the Hotis later on.
The Government of the Punjab initiated compulsory land acquisition proceedings on behalf of Lucky Cement (Pvt.) Ltd. for setting up of a cement plant and limestone quarry in village Buchal Kalan, Tehsil and District Chakwal. The project would have dispossessed a large number of villagers of their ancestral agricultural land. It would have stripped them of their identity, which is inextricable linked with their land. It would also have created unbearable environmental hazards for the population of surrounding villages. They would have been deprived of their right to life guaranteed by Article 9 of the Constitution of Pakistan, 1973. The villagers instructed Ch. Imran Hassan Ali, Advocate Supreme Court, to challenge the compulsoy acquisition of their land through a Constitution Petition before the Honourable Lahore High Court, Rawalpindi Bench. The Court accepted Ch. Imran Hassan Ali’s arguments at preliminary hearing of the case and issued an injunction restraining the Respondents from dispossessing the villagers. The Respondents instructed Barrister Syed Ali Zafar, the President Supreme Court Bar Association, to seek vacation of the injunction. However, the Court refused to vacate the injunction. Litigation continues. However, the villagers are safe for now.
For media coverage of this case, please click on the following links:
Ch. Imran Hassan Ali, ASC, has been engaged as counsel for Raja Shaukat Aziz Bhatti – a member of the Provincial Assembly of the Punjab – in W.P. No. 2604/2017 before the Honourable Islamabad High Court. It is a petition seeking judicial review of an order of disqualification passed by the Election Commission of Pakistan. Mr. Bhatti belongs to the ruling Pakistan Muslim Leage (N). He served as MPA for PP-4 (Rawalpindi-IV).
More information regarding Raja Shaukat Aziz Bhatti can be found on the Punjab Assembly website by clicking here.
On 05-07-2017, Ch. Imran Hassan Ali represented the successful Appellant before the Supreme Court in an appeal against a judgment of the Lahore High Court.
The Respondent, M/s Lahore Poultry Services, had filed a suit against the Appellant, Dr. Mazhar Hussain Cheema, for recovery of money on the basis of a cheque issued in the course of business. The suit was filed under the special procedure provided in Order XXXVII of the Code of Civil Procedure. The suit was decreed ex parte in favour of the Respondent by the District Judge. The Appellant filed an application to set aside the ex parte judgment and decree. The District Judge allowed this application and granted the Appellant ten days to file an application for leave to defend the suit. The Appellant filed an application within this period. However, at this stage the Respondent raised an objection that the application for leave to defend had become time-barred as it had not been filed along with the application to set aside ex parte decree and within ten days of getting knowledge of the ex parte decree. The District Judge agreed and dismissed the application for leave to defend. Consequently, the suit was once again decreed in favour of the Respondent. The Appellant’s appeal to the Lahore High Court also failed.
Ch. Imran Hassan Ali represented the Appellant before the Supreme Court. The Respondent was represented by Senior Advocate and former High Court Judge, Syed Qalb-e-Hassan Shah.
After a very lengthy hearing, the Supreme Court granted leave to appeal. Eventually, on 05-07-2017, the appeal was also allowed and judgments of the High Court as well as the District Judge were set aside. The Supreme Court declared that the Appellant’s application for leave to appear and defend the suit had been validly filed and it was not time-barred. The case was then remanded to the District Judge for trial.