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  • Supreme Court Judgment: Elections in Pakistan to be Held

    IN THE SUPREME COURT OF PAKISTAN
    (Original/Appellate Jurisdiction)
    Present:
    Justice Qazi Faez Isa, CJ
    Justice Amin-ud-Din Khan
    Justice Athar Minallah
    Constitution Petition Nos. 32 and 36 of 2023
    Supreme Court Bar Association of Pakistan through
    its Secretary, Islamabad and others.
    (in Const. P. No. 32/23)
    Munir Ahmed.
    (in Const. P. No. 36/23)
    … Petitioners
    Versus
    Federation of Pakistan through Secretary,
    Cabinet Division, Islamabad and others.
    (in both Constitution Petitions)
    … Respondents
    And
    Civil Misc. Appeal Nos. 118 and 119 of 2023 in Const.P.NIL/2023
    Pakistan Tehreek-e-Insaf (PTI), Islamabad through
    its Secretary General and another.
    (in CM Appeal No. 118/23)
    Ibad-ur-Rehman Lodhi, ASC.
    (in CM Appeal No. 119/23)
    … Appellants
    Versus
    Election Commission of Pakistan through Chief
    Election Commissioner, Islamabad and others.
    (in CM Appeal No. 118/23)
    The Registrar, Supreme Court of Pakistan,
    Islamabad and others.
    (in CM Appeal No. 119/23)
    … Respondents
    For the Petitioners: Mr. Abid S. Zuberi, ASC.
    (In Const.P.No.32/23) assisted by Miss Amna Khalili, Adv.
    and Agha Ali Durrani, Adv.
    Mr. Muqtadir Akhtar Shabbir, ASC.
    Mr. Shakeel-ur-Rehman, ASC.
    Ms. Bushra Qamar, ASC.
    Mr. Saim Chaudhry, ASC.
    Mr. Irfan Mir Halepota, ASC.
    (Through video-link from Karachi)
    For the Petitioner: Mr. Anwar Mansoor Khan, Sr. ASC.
    (In Const.P.No.36/23)
    Constitution Petition No. 32/2023 etc. 2
    For the Appellant: Syed Ali Zafar, ASC.
    (In CM Appeal 118/23) assisted by
    Syed Haider Ali Zafar, Adv.
    For the Appellant: Mr. Ibad-ur-Rehman Lodhi, ASC.
    (In CM Appeal 119/23)
    For the Federation: Mr. Mansoor Usman Awan,
    Attorney-General for Pakistan.
    assisted by
    Maryam Ali Abbasi, Adv.,
    Mr. Ahmed-ur-Rehman, Adv. and
    Mr. Saad Javid Satti, Adv.
    Ch. Aamir Rehman,
    Additional Attorney General for Pakistan.
    For Govt. of Punjab: Mr. Waseem Mumtaz Malik,
    Additional Advocate-General, Punjab.
    For Govt. of Sindh: Mr. Saulat Rizvi,
    Additional Advocate-General, Sindh.
    For Govt. of
    Khyber Pakhtunkhwa: Mr. Sultan Mazher Sher Khan,
    Additional Advocate-General, KP.
    For Govt. of Balochistan: Mr. Ayaz Khan Swati,
    Additional Advocate-General, Balochistan.
    For Islamabad
    Capital Territory: Mr. Ayaz Shaukat,
    Advocate-General, Islamabad.
    For the ECP: Mr. Sajeel Sheryar Swati, ASC.
    Mr. M. Arshad, DG (Law) ECP.
    Mr. Khurram Shehzad, Addl. DG (Law) ECP.
    Mr. Falak Sher, Legal Consultant, ECP.
    Date of Hearing: 03.11.2023.
    JUDGMENT
    Qazi Faez Isa, CJ. Constitution Petition No. 32 of 2023 was filed by the
    Supreme Court Bar Association of Pakistan by its Secretary and three
    Members, on 16 August 2023, and was represented by the learned Mr. Abid
    S. Zuberi. Constitution Petition No. 36 of 2023 was filed by Mr. Munir
    Ahmed, an Advocate of the High Court, on 13 September 2023, but he
    remained absent throughout and replaced his counsel with learned Mr.
    Anwar Mansoor Khan today, when matters stood almost concluded. The
    petitioners want early elections but surprisingly did not seek their petitions’
    early hearing.
    Constitution Petition No. 32/2023 etc. 3

    1. Civil Miscellaneous Appeal No. 118 of 2023 was filed by the Pakistan
      Tehreek-e-Insaf (‘PTI’) through its Secretary General, Mr. Omer Ayub, on 28
      August 2023, and PTI was represented by the learned Mr. Ali Zafar and
      Civil Miscellaneous Appeal No. 119 of 2023 was filed by Mr. Ibad-urRehman Lodhi, an Advocate of the Supreme Court, against objections to
      their maintainability. Such appeals are usually heard by a Judge-inChambers, but since the same relief was sought in the petitions these
      appeals too were ordered to be fixed in Court.
    2. The National Assembly was dissolved on the advice of the Prime
      Minister on 9 August 2023, and the Chief Ministers of the provinces
      advised the dissolution of the provincial assemblies. The President of
      Pakistan was required to ‘appoint a date, not later than ninety days from the
      date of the dissolution, for the holding of a general election to the Assembly.
      1
      And, the Elections Act, 2017 requires the notification of the Election
      Programme, including the date of the general election, as under:
      ‘57. Notification of Election Programme. (1) Subject to
      the Constitution, the Commission shall by notification in the
      official Gazette announce the date or dates, as the case may
      be, of the general elections.’
    3. However, general election is not being held within the stipulated
      period because of the belated conduct of the ‘7th Population and Housing
      Census, 2023’ (‘the 7th Census’). Census is held pursuant to section 31 of
      the General Statistics (Re-organization) Act, 2011. After a census is held
      the Council of Common Interest (‘CCI’) approves it, pursuant to Article
      154(1) of the Constitution read with the ninth entry of Part-II of the Federal
      Legislative List.2
    4. The CCI had approved the previous census, the ‘6th Population and
      Housing Census, 2017’ (‘the 6th Census’), on 12 April 2021, that is after a
      period of about four years, and directed that the process of the next census
      be commenced:
      ‘The CCI decided to approve the Final Results of the 6th
      Population and Housing Census, 2017 in the larger national
      interest. The Decision was taken by majority vote, in terms of
      Rule 5(10) of the Rules of Procedure of the Council of
      Common Interests, 2010, as seven members supported the
      approval of Final Census Result while the Chief Minster
      Sindh opposed it. The CCI directed that the process of next

    1 Constitution of the Islamic Republic of Pakistan, Article 48(5)(a).
    2 Constitution of the Islamic Republic of Pakistan, Fourth Schedule.
    Constitution Petition No. 32/2023 etc. 4
    Census should start as early as possible according to
    international best practices by using latest technology.’
    A proviso to Article 51(5) of the Constitution was added on 22 December
    2017,3 stating:
    ‘(5) The seats in the National Assembly shall be allocated
    to each province and the Federal Capital on the basis of
    population in accordance with the last preceding census
    officially published:
    ‘Provided that for purposes of the next general elections to be
    held in 2018 and bye-elections related thereto, the allocation
    shall be made on the basis of provisional results of the 2017
    census which shall be published by the Federal
    Government.’

    1. Pursuant to the decision of CCI taken on 5 August 2023 the 7th
      Census was carried out. However, since the proviso to Article 51(5) of the
      Constitution had restricted the application of the 6th Census to the ‘general
      elections to be held in 2018 and bye-elections related thereto’, it necessitated
      that another census be undertaken for the next general election, that is,
      the 7th Census.
    2. A census is followed by delimitation. Article 222(b) of the Constitution
      empowers Parliament to make laws providing for the ‘delimitation of
      constituencies’, and Delimitation of Constituencies is provided in Chapter III
      of the Elections Act, 2017. The Election Commission of Pakistan (‘ECP’)
      issued notification dated 17 August 20234 setting out the ‘schedule for
      carrying out of delimitation of constituencies afresh in accordance with the
      official result of 7th Population and Housing Census, 2023’. As per the ECP’s
      said notification, the first step towards delimitation was taken on 17
      August 2023 and the last action was the ‘Final Publication of Delimitation’
      which is to take place on 14 December 2023; but, we were informed that an
      amendment was made on 1 September 2023 which brought forward the
      date of ‘Final Publication of Delimitation’ to 30 November 2023.
    3. Article 224(2) of the Constitution also requires that general election
      ‘shall be held within a period of ninety days after the dissolution’. However,
      CCI took almost four years to approve the 6th Census, which delayed the 7th
      Census and in turn delayed delimitation. Section 57(2) of the Elections Act,
      2017 stipulates that within ‘seven days of the announcement under sub-

    3 Constitution (Twenty-Fourth Amendment) Act, 2017.
    4 No.F.9(1)/2021-Elec-I.
    Constitution Petition No. 32/2023 etc. 5
    section (1)’ of section 57, the election programme is announced, which, we
    were told, requires a minimum period of 54 days.

    1. All the learned counsel are of the unanimous view that it is no longer
      possible to hold elections within ninety days of the dissolution of the
      assemblies. The learned Syed Ali Zafar by referring to Article 254 of the
      Constitution stated that if for the doing of any act a particular period is
      prescribed but it was not done within such period it would not render the
      act invalid or ineffective. Article 254 of the Constitution is reproduced
      hereunder:
      ‘When any act or thing is required by the Constitution to be
      done within a particular period and it is not done within that
      period, the doing of the act or thing shall not be invalid or
      other-wise ineffective by reason only that it was not done
      within that period.’
    2. In three of the cases before us the President is arrayed as a
      respondent. Constitution Petition No. 36/2023 attaches a message of the
      President, conveyed through social media (X, formerly Twitter) calling for
      the views of the ECP on the announcement of a date for holding elections. If
      the said message was that of the President, it leads one to question
      whether the country can be run on the basis of messaging on social media.
    3. The President of Pakistan and the ECP subsequently reached an
      impasse. The correspondence between the two ended with the President’s
      letter of 13 September 2023, which concluded:
      ‘THEREFORE, taking into account all the above, the Election
      Commission of Pakistan in consultation with Provincial
      Governments and political parties under the relevant
      provisions of the Constitution and in view that some of these
      matters are already subjudice, may seek guidance from the
      Superior Judiciary for announcement of a single date for
      general election to the National and Provincial Assemblies.’5
      ECP confirms the receipt of the above letter, which we are informed it
      did not reply to.
    4. We pointed out to the learned counsel, that if their contentions
      required the interpretation of the constitutional provision it would attract
      section 4 of the Supreme Court (Practice and Procedure) Act, 2023, and a
      larger bench in terms thereof would have to be constituted. But, all the
      learned counsel stated that at this juncture they only want general election

    5
    President’s letter dated 13 September 2023 to the ECP filed with CMA No. 9293/2023.
    Constitution Petition No. 32/2023 etc. 6
    to be held and have no objection to this three-member Bench hearing the
    cases to achieve this objective.

    1. Therefore, in order to ascertain how soon the general elections could
      be held, notices were issued, and 2 November 2023 was fixed as the next
      date of hearing on which date the following order was passed:
      ‘… the Election Commission of Pakistan’s (‘ECP’) counsel
      states that the process of delimitation is underway, which
      will conclude on 30 November 2023, and publication of the
      final result of the delimitation will be by 5 December 2023.
      Thereafter, the election programme is to be announced in
      terms of section 57(2) of the Elections Act, 2017, which
      provides certain timeframes and will conclude on 29 January
      2024.’
      ‘ECP’s counsel further states that to maximize public
      participation elections should ideally be held on a Sunday,
      and the first Sunday after the above timeframe would be 4
      February 2024. However, to enable political parties to convey
      their respective programmes and manifestoes it would be
      appropriate to hold elections on Sunday, 11 February 2024.’
      ‘Let the ECP meet with the President of Pakistan today and
      the date for holding general elections in Pakistan be
      appointed. In this regard, the Attorney-General for Pakistan
      will arrange such meeting and shall provide to the President
      this Court’s order of 23 October 2023 and today’s order, and
      be available to render assistance.’
      ‘We expect that the matter of appointing a date for holding
      general elections shall be settled, and this Court will be
      informed tomorrow, that is, 3 November 2023.’
    2. The President in his letter (of 13 September 2023) had sought
      guidance from Superior Judiciary. The only possible avenue for the
      President to seek the Supreme Court’s opinion was by invoking Article 186
      of the Constitution, reproduced hereunder:
      ‘186. (1) If, at any time, the President considers that it is
      desirable to obtain the opinion of the Supreme Court on any
      question of law which he considers of public importance, he
      may refer the question to the Supreme Court for
      consideration.
      (2) The Supreme Court shall consider a question so referred
      and report its opinion on the question to the President.’
    3. However, the President did not seek recourse to Article 186 requiring
      the Supreme Court to give its opinion. Needless to state, this was the only
      constitutionally permissible manner for the Supreme Court to provide
      guidance. The Supreme Court and the holder of every constitutional office
      Constitution Petition No. 32/2023 etc. 7
      and every constitutional body, including the President and the ECP, must
      act in accordance with the mandate of the Constitution. Abiding by the
      Constitution is not optional. It is equally important that no institution
      transgresses into the constitutional jurisdiction of another. A matter which
      should have been dealt with by the President and the ECP was quite
      unnecessarily brought to this Court. Cognizant of the constitutional
      scheme and fully aware of the limit of our constitutional jurisdiction, we
      were careful not to encroach on the jurisdiction of the President, nor that of
      the ECP.
    4. Since the election date was not announced, concerns were rising
      amongst the people of Pakistan, where many of them apprehended that
      elections may be indefinitely postponed or not take place, which
      undoubtedly would cause irreparable damage to democracy and the
      country. Conscious of the Supreme Court’s lack of jurisdiction and careful
      not trespass on the jurisdiction of the President and of the ECP, we
      encouraged them to meet and determine that which was within their
      constitutional domain. They met yesterday (2 November 2023) and the
      meeting proved to be a success.
    5. Mr. Mansoor Usman Awan, the learned Attorney-General for
      Pakistan, brought a letter issued by the Secretary to the President,6 which
      states that, ‘after a briefing by Election Commission of Pakistan followed by
      due deliberation, there was an agreement to announce the date of Thursday,
      8th February, 2024 for holding General Elections’. The ECP has also filed
      documents,7 including the minutes signed by the Chief Election
      Commissioner and the four Members of the ECP, which state, ‘The
      Commission and the Honourable President during meeting in the President
      House agreed to appoint 8th February, 2024 as a poll date for General
      Election 2024.’ The ECP has also issued a notification dated 3 November
      2023, which states that 8 February 2024 is the poll date for general election
      to the National Assembly and the provincial assemblies. The learned
      Attorney-General, on behalf of the Federal Government, and the respective
      law officers, on behalf of the four provinces and the Islamabad Capital
      Territory, have also expressed their concurrence for the holding of general
      election on the said date.

    6
    President Sectt. (Public)’s u.o. No. 7/3/2023/FA&PA dated 3rd November, 2023.
    7 CMA No. 9391/2023.
    Constitution Petition No. 32/2023 etc. 8

    1. The President of Pakistan and the ECP have announced the date for
      holding of general election to the National Assembly and to the provincial
      assemblies. The Federal Government, the Provincial Governments and the
      Islamabad Capital Territory have concurred. The matter of the holding of
      general election on 8 February 2024 stands resolved. No one should now
      put forward any pretext to derail democracy.
    2. The higher the constitutional office or body the greater is the
      responsibility. Obedience to the Constitution and law is an inviolable
      obligation of every citizen,8 however, an added responsibility and obligation
      is placed on all those who assume their office by taking an oath.9 The
      President takes the prescribed oath10 and so too the Chief Election
      Commissioner and Members of the ECP.11 The Constitution has subsisted
      for fifty years; there is no longer any excuse to remain ignorant of the
      Constitution. Incidentally, on this very day (3 November 2007) a grave
      constitutional transgression took place sixteen years ago, and like it every
      constitutional deviation has long lasting effects. We must abide by the
      Constitution and realise mistakes which have had a calamitous effect on
      the people and the territory of Pakistan. It is about time that courts cease
      to be involved in political disputes, which take up considerable court time;
      time which would be better spent doing what this Court is required to do.
    3. This President had earlier dissolved the National Assembly when the
      Prime Minister faced a vote of no confidence. Despite the fact that the
      Constitution clearly mandated that once the requisite number of members
      had given a notice of a resolution for a vote of no confidence in the National
      Assembly, the power to advise dissolution of the National Assembly no
      longer remained with the Prime Minister. Therefore, the President could not
      dissolve the National Assembly. But the Constitution was disregarded,
      triggering a constitutional crisis, which then had to be redressed by this
      Court, in the case reported as Pakistan Peoples Party Parliamentarians v
      Federation of Pakistan.
      12 It was pointed out by the Chief Justice and four
      Judges of this Court what was manifestly clear, that a Prime Minister
      facing a vote of no confidence could not advise the dissolution of the
      National Assembly. The purported dissolution of the National Assembly was
      declared unconstitutional and held to be of no legal effect. One of the

    8 Constitution of the Islamic Republic of Pakistan, Article 5.
    9
    Ibid., Third Schedule.
    10 Ibid, Article 42.
    11 Ibid, Article 214.
    12 PLD 2022 Supreme Court 574.
    Constitution Petition No. 32/2023 etc. 9
    learned Judges opined that there should be consequences for such a
    blatant transgression of the Constitution:
    ‘… the Constitution opens by stating that the exercise of
    authority “is a sacred trust” and can only be exercised
    through “the chosen representatives of the people.” However,
    this sacred trust was violated amongst others by the
    President, PM, the Speaker, the Deputy Speaker and the Law
    Minister as the elected representatives of the people were
    prevented from voting on the resolution and for such blatant
    transgression of the Constitution there must be
    consequences and the law must take its course.’13
    And that for such an unconstitutional act Article 6 of the Constitution may
    be invoked:
    ‘… acts attract Article 6 of the Constitution is also left open
    to be determined by the Parliamentarians as to whether they
    leave open the doors for such unconstitutional acts or take
    suitable measures to stop such like mess in future.’

    1. On that occasion (3 April 2022) the President had dissolved the
      National Assembly by using a power not vesting in him, while in the
      present case he did not use a power which he did possess. Constitutional
      office holders must adhere to the Constitution; fulfil the duties assigned to
      them as a sacred trust, and divest themselves from all that is outside their
      constitutional domain; only then do they serve the people of Pakistan.
      Pakistan was established democratically, is a democracy and must remain
      one. When general elections are due they have to be held. We are humbled
      in facilitating the President and the ECP to do right by the people of
      Pakistan.
    2. In conclusion, we want to acknowledge the role of the media. Article
      19 of the Constitution decrees that: ‘there shall be freedom of the press’,
      subject to the stated reasonable restrictions. But some have construed this
      freedom as a license to disinform and build a false narrative, and do so to
      undermine democracy. The Pakistan Electronic Media Regulatory Authority
      (‘PEMRA’) prohibits content which ‘incites or condones dislodgment of
      democratic setup against the command of the Constitution of Pakistan,
      provided that discussions on improvement of democracy shall constitute a
      fair comment’.14

    13 Ibid., per Mazhar Alam Khan Miankhel, J.
    14 PEMRA’s Electronic Media Code of Conduct 2015, section 3(1).
    Constitution Petition No. 32/2023 etc. 10

    1. A decreased confidence in democracy diminishes people’s engagement
      with it and suppresses voter turnout. A study conducted by the European
      Parliament found, that:
      ‘Disinformation also has far-reaching implications for human
      rights and democratic norms worldwide. It threatens freedom
      of thought, the right to privacy and the right to democratic
      participation, as well as endangering a range of economic,
      social and cultural rights. It also diminishes broader
      indicators of democratic quality, unsettling citizens’ faith in
      democratic institutions not only by distorting free and fair
      elections, but also fomenting digital violence and
      repression.’15
      However, this Court appreciates those in the media who perform their
      duties professionally and truthfully.
    2. We would like to commend the learned Attorney-General for
      Pakistan, the learned law officers and the learned counsel for their positive
      assistance and facilitation for the quick disposal of these cases.16
    3. These matters are allowed in the aforesaid terms.
    4. In view of the public importance of this matter, this judgment is to be
      translated into Urdu. However, the English version shall be treated as this
      Court’s decision.
      Chief Justice
      Judge
      Judge
      Islamabad:
      03.11.2023
      (M. Tauseef)
      Approved for Reporting

    15 ‘The impact of disinformation on democratic processes and human rights in the world’ Carne Colomina,
    Hector Sanchez Margalef, Richard Youngs, European Parliament, Directorate-General for External Policies.
    16 These cases were fixed for hearing in Court on 23 October, heard on 2 and 3 November and decided on 3
    November 2023, that is, within 12 days.

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    Get Professional Help
    If you need help resolving the issue with your bank, consider consulting a financial advisor or a lawyer specializing in banking laws. They can guide you through the process and ensure you’re getting the best deal on your home loan.

    Are you facing issues with your bank not charging the reduced interest rate on your home loan in Pakistan? You’re not alone. Many homeowners are struggling to get their banks to implement the reduced interest rates announced by the State Bank of Pakistan (SBP).

    In this post, we’ll guide you through the steps to take if your bank is not charging the reduced interest rate on your home loan in Pakistan.

    Understanding the Reduced Interest Rate
    The State Bnak of Pakistan announced a reduction in interest rates to stimulate economic growth. The reduced interest rates are as follows:

    • Conventional Home Loans: Reduced interest rates ranging from 11% to 12% per annum.

    Why Banks May Not Be Charging Reduced Interest Rates
    There could be several reasons why your bank is not charging the reduced interest rate on your home loan:

    • Lack of Awareness: Your bank may not be aware of the reduced interest rates or may not have implemented them yet.
    • Technical Issues: Technical issues with your bank’s system may be preventing them from charging the reduced interest rate.
    • Eligibility Criteria: You may not meet the eligibility criteria for the reduced interest rate.

    Steps to Take
    If your bank is not charging the reduced interest rate on your home loan, follow these steps:

    1. Review Your Loan Agreement: Check your loan agreement to ensure you’re eligible for the reduced interest rate.
    2. Contact Your Bank: Reach out to your bank’s customer service department to inquire about the issue.
    3. File a Complaint: If the issue persists, file a complaint with the SBP’s complaint resolution mechanism.
    4. Seek Professional Help: Consult with a financial advisor or a lawyer specializing in banking laws to help you resolve the issue.

    Conclusion
    Don’t let your bank’s inaction prevent you from benefiting from the reduced interest rates. Take proactive steps to resolve the issue and ensure you’re getting the best deal on your home loan.

    Share Your Experience
    Have you faced issues with your bank not charging the reduced interest rate on your home loan? Share your experience in the comments below.

    Get Professional Help
    If you need help resolving the issue with your bank, consider consulting a financial advisor or a lawyer specializing in banking laws. They can guide you through the process and ensure you’re getting the best deal on your home loan.

  • The Dark Side of Business: Understanding Corporate Corruption

    Corporate corruption is a pervasive issue that affects businesses, governments, and individuals worldwide. It involves the misuse of power and resources for personal gain, and can take many forms, including bribery, embezzlement, and fraud. In this post, we will explore the different types of corporate corruption, its consequences, and what can be done to prevent it.

    Types of Corporate Corruption
    Corporate corruption can take many forms, including:

    • Bribery: Offering or receiving bribes to influence business decisions or secure contracts.
    • Embezzlement: Misusing company funds or assets for personal gain.
    • Fraud: Misrepresenting financial information or engaging in other deceptive practices to deceive investors, customers, or regulators.
    • Nepotism: Favoring family members or friends in business decisions, such as hiring or contracting.
    • Kickbacks: Paying or receiving kickbacks in exchange for favorable treatment or business opportunities.

    Consequences of Corporate Corruption
    Corporate corruption can have severe consequences, including:

    • Financial Losses: Corruption can lead to significant financial losses for businesses, investors, and individuals.
    • Damage to Reputation: Corruption scandals can damage a company’s reputation and erode public trust.
    • Legal Consequences: Companies and individuals involved in corruption can face legal consequences, including fines, penalties, and imprisonment.
    • Social Consequences: Corruption can have negative social consequences, including perpetuating inequality and undermining economic development.

    Preventing Corporate Corruption
    Preventing corporate corruption requires a multi-faceted approach, including:

    • Strong Governance: Establishing strong governance structures, including independent boards and audit committees.
    • Clear Policies: Developing clear policies and procedures for preventing corruption, including codes of conduct and whistleblower protection policies.
    • Training and Awareness: Providing regular training and awareness programs for employees on corruption prevention and ethics.
    • Monitoring and Enforcement: Establishing effective monitoring and enforcement mechanisms to detect and prevent corruption.

    Reporting Corporate Corruption
    If you suspect corporate corruption, it is essential to report it to the relevant authorities. In Pakistan, you can report corruption to:

    • National Accountability Bureau (NAB): A federal agency responsible for investigating and prosecuting corruption cases.
    • Federal Investigation Agency (FIA): A federal agency responsible for investigating and prosecuting financial crimes, including corruption.
    • Securities and Exchange Commission of Pakistan (SECP): A regulatory agency responsible for overseeing corporate governance and enforcing securities laws.


    Corporate corruption is a serious issue that requires a collective effort to prevent and eradicate. By understanding the types of corruption, its consequences, and the measures to prevent it, we can work towards creating a more transparent and accountable business environment.

  • Husband Living Abroad: Challenges Faced by Wives in Pakistan and How a Lawyer Can Help

    Marriage is a sacred institution that brings two people together, but it can also lead to complications, especially when one spouse is living abroad. In Pakistan, wives often face significant challenges when their husbands are living outside the country. In this post, we will explore some of the common problems faced by wives in such situations and how a lawyer can provide guidance and support.

    A worried Pakistani wife sitting alone at home, facing problems due to her husband living abroad
    The emotional struggle is real: Pakistani wives face numerous challenges when their husbands live abroad.

    Challenges Faced by Wives
    When a husband is living abroad and Civil Servant posted in other cities, his wife in Pakistan may face several challenges, including:

    1. Financial Support: One of the most significant challenges is financial support. Wives may struggle to make ends meet, especially if their husbands are not providing adequate financial support.
    2. Lack of Communication: Poor communication can lead to misunderstandings and mistrust. Wives may feel isolated and disconnected from their husbands.
    3. Visa and Immigration Issues: Wives may face difficulties in obtaining visas or immigrating to their husband’s country of residence.
    4. Property and Asset Management: Wives may struggle to manage property and assets in Pakistan, especially if their husbands are not available to provide guidance.
    5. Child Custody and Support: In cases where there are children involved, wives may face challenges in obtaining child custody and support.

    Role of a Lawyer
    A lawyer can play a crucial role in helping wives navigate these challenges. Here are some ways a lawyer can provide guidance and support:

    1. Financial Support: A lawyer can help wives negotiate financial support from their husbands, including child support and spousal maintenance.
    2. Communication and Mediation: A lawyer can facilitate communication between the husband and wife, helping to resolve disputes and misunderstandings.
    3. Visa and Immigration: A lawyer can provide guidance on visa and immigration procedures, helping wives to navigate the complex process.
    4. Property and Asset Management: A lawyer can assist wives in managing property and assets in Pakistan, including drafting powers of attorney and other legal documents.
    5. Child Custody and Support: A lawyer can help wives obtain child custody and support, including negotiating agreements with their husbands.
    6. Khula and Divorce : The lawyers at Irfan Mir Halepota & Associates can assist the woman to get legal divorce by way of Khula. The woman has to file law suit for Khula in the Family Court with our assistance.

    How to Choose a Lawyer
    Choosing the right lawyer is crucial in helping wives navigate the challenges of having a husband living abroad. Here are some tips to consider:

    1. Experience: Look for a lawyer with experience in family law, particularly in cases involving international marriages.
    2. Communication: Choose a lawyer who is responsive and communicative, keeping you informed about the progress of your case.
    3. Empathy: Select a lawyer who is empathetic and understanding, recognizing the emotional challenges you may be facing.


    Having a husband living abroad can be challenging for wives in Pakistan. However, with the right guidance and support, wives can navigate these challenges and protect their rights. A lawyer can play a crucial role in providing this support, helping wives to negotiate financial support, communicate with their husbands, and manage property and assets. If you are a wife facing these challenges, consider seeking the advice of a qualified Family lawyers.

    Frequently Asked Questions (FAQs)
    Q: What are the most common challenges faced by wives in Pakistan when their husbands are living abroad?
    A: Financial support, lack of communication, visa and immigration issues, property and asset management, and child custody and support are some of the most common challenges faced by wives in Pakistan. We also assist clients, who need assistance relating to Hindu and Christian Laws.

    Q: How can a lawyer help wives in Pakistan who have husbands living abroad?
    A: A lawyer can help wives negotiate financial support, communicate with their husbands, manage property and assets, and obtain child custody and support.

    Q: What should I look for when choosing a lawyer to help me with my case?
    A: Experience, communication, empathy, and fees are some of the key factors to consider when choosing a lawyer.

  • Transfer of Civil Suits from High Court to District Courts Karachi: Sindh Civil Courts Amendment Act 2025

    The Sindh Civil Courts Amendment Act 2025 has introduced a significant reform in the civil justice system of Sindh, Pakistan. One of the key provisions of this amendment act is the transfer of civil suits from the High Court to the District Courts Karachi. In this blog post, we will explore the implications of this transfer, its benefits, and the challenges that may arise during the implementation process.

    Background and Objectives
    The objective of this study is to explore the procedures involved in the transfer of civil suits to high district civil courts and analyze their implications.

    The Sindh Civil Courts Amendment Act 2025 was enacted to address the growing need for judicial reform in Sindh. The primary objectives of this legislation are:

    • To streamline the civil justice system
    • To reduce the backlog of cases
    • To increase the efficiency and productivity of civil courts
    • To improve access to justice for litigants

    Transfer of Civil Suits: Key Provisions


    The Sindh Civil Courts Amendment Act 2025 provides for the transfer of civil suits from the High Court to the District Courts Karachi. The key provisions related to this transfer are:

    1. Eligibility Criteria: The act specifies the eligibility criteria for cases to be transferred, including civil suits valued up to a certain amount, property disputes, contract disputes, and torts.
    2. Transfer Procedure: The act outlines the procedure for transferring cases, including the issuance of notices to parties as transfer of Civil Suits to District Court Karachi.
    3. Jurisdiction of District Courts: The act clarifies the jurisdiction of District Courts, empowering them to try transferred cases.

    Benefits of Transfer
    The transfer of civil suits from the High Court to the District Courts is expected to bring several benefits:

    • Reduced Backlog: The transfer of cases will help reduce the backlog at the High Court, enabling it to focus on more complex and high-priority matters.
    • Increased Efficiency: The Civil Courts and District Courts, with their expanded jurisdiction, can operate more efficiently, leading to faster disposal of cases.
    • Improved Access to Justice: The transfer of cases will increase access to justice for litigants, as Civil Court and District Courts are more accessible and convenient for parties.

    Challenges and Opportunities
    While the transfer of civil suits presents several opportunities for improving the civil justice system in Sindh, it also poses some challenges:

    • Infrastructure and Resources: The District Courts may require additional infrastructure and resources to handle the increased workload and complex cases.
    • Public Awareness: Raising public awareness about the transfer of civil suits and its benefits will be crucial for its successful implementation.

    Conclusion
    The transfer of civil suits from the High Court to the District Courts under the Sindh Civil Courts Amendment Act 2025 is a significant step towards reforming the civil justice system in Sindh. While there are challenges to be addressed, the benefits of this transfer are expected to outweigh the costs. As the civil justice system in Sindh continues to evolve, it is essential for legal practitioners, litigants, and stakeholders to stay informed about these developments.

    Frequently Asked Questions (FAQs)
    Q: What is the primary objective of transferring civil suits from the High Court to the District Courts?
    A: The primary objective is to reduce the backlog at the High Court, increase efficiency, and improve access to justice for litigants.

    Q: What types of cases are eligible for transfer?
    A: Civil suits valued up to unlimited, property disputes, contract disputes, and torts are eligible for transfer.

    Q: How will the transfer of cases affect the parties involved?
    A: The parties will be notified and may be required to submit their consent or objections to the transfer. Once transferred, the District Courts will proceed with the case as per the relevant laws and procedures.

  • Empowering Women in Law: Top Female Lawyer of Karachi


    Karachi, the financial hub of Pakistan, is home to a growing community of female professionals in various fields including doctors, engineers, Civil Services, Teachers, Nurses and other occupations, who are breaking barriers and shattering glass ceilings. In this post, we’ll introduce you to the most inspiring female lawyer in Karachi, who are making a difference in the field of law. Additionally, we’ll discuss how these trailblazing female lawyer woman law professionals are paving the way for future generations.

    Mrs. Nusrat Irfan is a dedicated lawyer who specializes in women’s rights, divorce, and family law in Karachi, Pakistan. Here’s a more detailed overview of her expertise:



    Practice Areas
    1. Divorce Law: Nusrat Irfan handles divorce cases, including contested and uncontested divorces, khula, and talaq.
    2. Family Law: She specializes in family law matters, such as child custody, maintenance, guardianship, and inheritance.
    3. Family Dispute Resolution: Nusrat Irfan also provides mediation and arbitration services to help resolve family disputes amicably. She stands out as a female lawyer in handling family law cases. The landscape of Female Lawyer Woman Law in Karachi is significantly influenced by her work.

    Women’s Rights

    Pakistani woman lawyer Karachi advocating for women's rights in Karachi, Pakistan for Divorce Khula domestic violence harassment at work place child custody cases
    1. Domestic Violence: Nusrat Irfan provides legal assistance to women who are victims of domestic violence, helping them to obtain protection orders and other relief as a prominent female lawyer woman rights defender.
    2. Harassment: She also handles cases of harassment, including workplace harassment and cyber harassment.
    3. Inheritance and Property Rights: Nusrat Irfan helps women to assert their rights to inheritance and property, ensuring that they receive their rightful share. She is a significant figure in Female Lawyer Woman Law representation.

    Divorce and Family Law

    1. Divorce: Nusrat Irfan handles divorce cases, including contested and uncontested divorces, khula, and talaq. She is also well experienced related Hindu Family Law and assisted may woman for successful divorce case outcome.
    2. Child Custody: She specializes in child custody cases, ensuring that the best interests of the child are protected.
    3. Maintenance and Support: Nusrat Irfan helps women to obtain maintenance and support from their former husbands, ensuring that they receive financial support.

    Expertise
    1. Family Courts Act: She has expertise in the West Pakistan Family Courts Act, 1964, and its application in family law cases.
    2. Islamic Law: Nusrat Irfan is well-versed in Islamic law and its application in family law matters. As a female lawyer, woman law knowledge is integral to her practice.
    3. Pakistan’s Legal System: She has a deep understanding of Pakistan’s legal system and the procedures involved in family law cases.

    Approach and Philosophy

    1. Empathy and Understanding: Nusrat Irfan approaches each case with empathy and understanding, recognizing the emotional and psychological impact of family law disputes on her clients. Her empathy sets her apart in the Female Lawyer Woman Law community.
    2. Strong Advocacy: She is a strong advocate for her clients’ rights, using her expertise and experience to navigate complex legal issues and assert her role as a female lawyer woman law specialist effectively.
    3. Collaborative Approach: Nusrat Irfan believes in a collaborative approach, working with her clients to find solutions that meet their unique needs and goals.




  • Trademark Registration Pakistan

    trademark registration in Pakistan:

    Irfan Mir Halepota & Associates are Primary Keywords to search the best Trademark Registration Law Firm in Karachi, Pakistan :

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    Generally people find on google / internet through searching following keywords to get their trademark registered in Pakistan:

    1. How to register a trademark in Pakistan
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    6. Trademark registration for foreign companies in Pakistan
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    Some Keyword Phrases are also very useful for finding our best legal services on internet:

    1. “Trademark registration services in Pakistan”
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  • How to file a case for Khula in Karachi Pakistan

    To file a case for Khula in Karachi, Pakistan, a wife can consult with a lawyer specializing in family law and file a petition in the Family Court, citing grounds such as irreconcilable differences or cruelty, and providing necessary documents, including the marriage certificate (Nikkahnama) and identification. A step-by-step guide on how to file a Khula case in Karachi :-

    1. Meet the eligibility criteria: Khula is a right granted to Muslim women in Pakistan, allowing them to seek divorce from their husbands. To be eligible, the woman must be a Muslim, married, and have a valid reason for seeking divorce.
    2. Gather required documents:
      1. CNIC (Computerized National Identity Card): Copy of the woman’s CNIC.
      2. Nikah Nama: Copy of the marriage certificate (Nikah Nama).
      3. Proof of marriage: Any other documents that prove the marriage, such as witness statements or photographs.
      4. Reason for Khula: A written statement explaining the reasons for seeking Khula.

    A step-by-step guide on how to file a case Divorce by way of Khula in Karachi:

    Pre-Filing Requirements

    Filing the Khula Case

    1. Choose a family court: In Karachi, Khula cases are filed in the Family Courts. There are several Family Courts in Karachi, including:
      1. Family Court, Karachi: Located at the City Courts, Karachi for cases relating to Districts South, District East, District Central, District West
      2. Family Court Malir, Karachi: Located at the Malir Courts, Karachi relating to Family matters of District Malir including Bahria Town Karachi.
    2. Prepare the Khula petition: The petition should include:
      1. Personal details: Name, address, CNIC number, and other relevant details of the woman.
      2. Marriage details: Date of marriage, name of the husband, and other relevant details.
      3. Reasons for Khula: A clear statement explaining the reasons for seeking Khula.
      4. Relief sought: A statement specifying the relief sought, including the dissolution of the marriage.
    3. Submit the petition: The petition should be submitted to the Family Court, along with the required documents and a court fee.
    4. Court proceedings: The court will issue summons and notices to the husband, who will be required to appear in court. The court will then hear the case and make a decision.

    Post-Filing Requirements

    1. Attend court hearings: The woman should attend all court hearings and provide evidence to support her case.
    2. Follow court orders: The woman should comply with all court orders, including any interim orders or directions.
    3. Receive the Khula decree: If the court grants the Khula, the woman will receive a decree dissolving the marriage.

    Important Notes

    1. Legal representation: It is recommended that the woman seeks the assistance of a lawyer specializing in family law to help with the filing and court proceedings.
    2. Lawyer Fees : We charge very reasonable fees for the Khula offer The court fee for filing a Khula cases, so also we offer fees concession for deserved persons. We have also team of female lawyers to assist woman clients including Family matters and inheritance cases.
    3. Timeframe: The timeframe for the court to decide on a Khula case can vary, but it typically takes 3 to 5 months.
  • Expert Divorce Lawyers in Karachi

    Trustworthy Legal Representation for a Smooth Transition.

    With extensive knowledge of Pakistani family law, our lawyers will handle your case with sensitivity and professionalism. We’ll help you navigate complex legal issues, protect your rights, and ensure a fair settlement in Karachi.

    Our Services:

    – Divorce proceedings and litigation
    – Child custody and visitation rights
    – Alimony and spousal support
    – Property division and asset distribution
    – Post-divorce modifications and enforcement

    Why Choose Us:

    – Expertise in Pakistani family law
    – Compassionate and confidential approach
    – Strong negotiation and litigation skills
    – Personalized attention to every case
    – Competitive fees and flexible payment plans

    Contact Us:

    If you’re considering divorce or need legal guidance, don’t hesitate to reach out. Call us on phone or WhatsApp at 03212057582 , email [email protected] or visit our office in Karachi. Let us help you move forward with confidence.

    You can contact us for Free Legal Consultation from Canada, Toronto, United States of America, New York, Houston, Los Angles, Mississauga, London, UK, USA, UAE, Dubai, Gulf, Qatar, Abu Dhabi, France, Paris, Germany, Japan, Saudi Arabia, Medina, Makkah, Mecca,

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    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com