Category: Litigation

  • 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.

  • Home Loan Bank Not Charging Reduced Interest Rate in Pakistan: What to Do

    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 SBP announced a reduction in interest rates to stimulate economic growth. The reduced interest rates are as follows:

    • Mera Pakistan Mera Ghar (MPMG) Scheme: Financing rates as low as 3% for the first five years and 5% for the next five years.
    • 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.

    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.

  • CIVIL LITIGATION IN KARACHI & ISLAMABAD PAKISTAN

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    Best Supreme Court Lawyer Karachi Islamabad Pakistan
    • Civil Petition for Leave to Appeal (Civil) under Art. 185 of the Constitution of Islamic Republic of Pakistan
    • Criminal Petition for Leave to Appeal (Criminal) under Art.185 of the constitution of Islamic Republic of Pakistan
    • Transfer Petition (Civil) under Code of Civil Procedure
    • Transfer Petition (Criminal) under Code of Criminal Procedure
    • Public Interest Litigation under the Constitution of Islamic Republic of Pakistan
    • Review Petition under the Constitution of Islamic Republic of Pakistan
    • Contempt Petition (Civil) under the Constitution of Islamic Republic of Pakistan read with Supreme Court Rules
    • Contempt Petition (Criminal) under the Constitution of Islamic Republic of Pakistan read with Supreme Court Rules
    • Civil Appeals (CIVIL) under the constitution of Islamic Republic of Pakistan read with Supreme court rules
    • Criminal Appeal in Criminal matters under the Criminal Procedure Code

    Our firm works in association with many known Senior Advocates who are “the best Supreme Court lawyers in Karachi, Pakistan” and we engage them for the purpose of arguments/ final arguments, on the instructions and requirement of the client, before Supreme Court, in order to serve the needs and preferences of the client in a better manner.

    Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    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

  • Legal Services in Karachi & Islamabad Pakistan for Overseas

    Legal Services in Karachi & Islamabad Pakistan for Overseas

    OUR LAW FIRM provides Special Legal Services to Overseas Pakistanis, Foreign Nationals and Companies, We assist our clients during court litigation and alternate dispute resolution at Karachi & Islamabad Pakistan. If you are looking for comprehensive legal services in Pakistan, we are here to assist you. We are considered as best Law Firm in Karachi Pakistan due to our legal services and online assistance.

    Our services include but no limited to:

    Civil Litigation in Lower Court, High Courts and Supreme Court

    Criminal Litigation, Defense and Prosecution

    Succession Certificates, Stay Orders

    Recovery of Money, Bad Debts, Loans and Mesne Profits

    General and Special Power of Attorney

    Dissolution of Marriages, Divorce and Khula
    International Divorces
    Registration of Marriages and Divorces

    Drafting of Divorce Agreements
    Divorce Effectiveness Certificate
    Court Marriage in Pakistan

    Settlement of Matrimonial Issues
    Drafting of Family Settlements
    Recovery of Abducted Children
    Child Custody and Visitation
    Guardianship of Minors Children
    Adoption of Children
    Legitimacy of Children

    Sale, Purchase and Transfer of Property
    Legal Management of Property Matters
    Recovery of Possession of Properties
    Protection of Intellectual Property
    Dealing with Cyber-Crimes
    Passport and Immigration Offences

    Business Set-Up in Pakistan
    Registration of Company and Partnership
    Legal Management of Business

    Import and Export Matters

    Excise and Customs Matters

    Rent Matters of Properties
    Drafting of Legal Documents
    Translation of Documents
    Research about Pakistani Laws
    Legal Advice and Opinion about Pakistani Laws
    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Submit Your Query For a Legal Advice

     
     
     

    Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    Irfan Mir Halepota & Associates

    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

    We are also planning to open our branch office at Bahria Town Karachi very soon, for that if you have any suggestion for location please feel free to indicate for better serving our clients.

  • Civil Suit Legal Practice Karachi

    Civil Suits Law Practice

    It involves following legal services in Karachi, Pakistan namely:

    • Civil Suit for recovery of money, estate, property including (Movable or immovable), debts, dues etc.
    • Civil Suit for specific performances of contacts including agreements; our civil suit lawyers in Karachi ensures proper handling.
    • Civil Suit for partition of properties including movable or immovable properties;
    • Civil Suit for permanent/mandatory/temporary injunctions;
    • Civil Suit for declaration;
    • Civil Suit in City Court Karachi
    • Petitions under guardianship laws
    • Petition for custody of children, wards and appointments of guardians etc.
    • Petition for obtaining probate or letter of administration and succession certificate;
    • Civil Suits under succession and Succession Act;
    • Petition related to election disputes;
    • Accident Claims
    • Defending Recovery of Debts Due to financial institutions. Our Civil suit lawyers in Karachi are skilled in handling such cases effectively.
    • Petitions & Appeal before Service Tribunal under Service Laws,
    • Writs petitions before High Courts and Supreme Courts;
    • Revision, Review, Appeal, Special leave to Appeal etc.
    • Any other petitions permissible by code of civil procedure, 1908.

    We also provide the services related to conveyancing of Following Documents, Notices, Deeds and Agreements:

    • Notices
    • WILL, Gift, Sale Deed etc
    • Tenders
    • Agreements
    • Deeds (Gift Deed, Sale Deed, Trust Deed.. etc.)
    • MOU
    • Settlement or compromise Deed/Agreements.
    • Resolutions;

    Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    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. Our Civil suit lawyers in Karachi are available to provide expert advice on any civil matter.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

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

    We are also planning to open our branch office at Bahria Town Karachi very soon, for that if you have any suggestion for location please feel free to indicate for better serving our clients’ civil suit needs with our experienced lawyers.

  • CRIMINAL LITIGATION IN KARACHI & ISLAMABAD PAKISTAN

    CRIMINAL LITIGATION IN KARACHI PAKISTAN

    OUR LAW FIRM has a highly qualified team of experienced pleaders before the courts in criminal cases. We defend and plead, on behalf of our clients, before all levels of the court in Pakistan in relation to Criminal Cases from the Courts of Magistrates, Sessions Judges, High Courts and Supreme Court of Paksitan.

    OUR legal team have the skills to avoid convictions and achieve acquittals for clients in criminal cases. Generally, we help our clients to navigate all difficulties of criminal proceedings before the criminal courts to create a successful outcome.

    We successfully conduct prosecution and defence in Criminal Cases relating to:

    Our services include but no limited to:

    Murder, Attempted Murder, Hurt of body, Anti-Terrorism, Kidnapping, Abduction for Ransom, Dacoity, Robbery, Theft, Narcotics (Possession and Trafficking) , Spurious Drugs, Fraud, Forgery, Cheating, Embezzlement, Illegal Possession of property and Land Grabbing, Transfer of property by fraudulent manner, Domestic Violence, Acid burning, Criminal Appeals in Higher Courts, Bail Matters and Suspension of Sentences, Private Criminal Complaints, Harassment and Habeas Corpus Petitions, Petitions U/Sec. 22-A, 22-B Cr.PC, Drugs Court Cases, Anti-Narcotics Cases, Passport and Immigration Offences.

    White collar crimes including:

    Accountability Offences, Financial Corruption, Money Laundering, Banking Crimes, Anti-Corruption cases, Cyber-Crimes

    Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our website

    Irfan Mir Halepota & Associates

    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

  • Judicial Commission of Pakistan approves appointments of 3 judges to Supreme Court

    Today Judicial Commission of Pakistan approved appointments of two judges of Lahore High Court and one Judge from Sindh High Court to be elevated to Supreme Court.

    The Judicial Commission of Pakistan (JCP) approved the names of the three judges by a majority of 5 to 4. The Judicial Commission of Pakistan (JCP) has recommended three judges for appointment to the Supreme Court, following a meeting chaired by Chief Justice Qazi Faez Isa.

    The commission considered nine candidates for the three vacant positions on the apex court.

    These included six judges from the Lahore High Court, including Chief Justice Malik Shahzad Ahmed, and three judges from the Sindh High Court, including Chief Justice Aqil Abbasi.

    CJP Qazi Faez Isa, law minister, Attorney General for Pakistan, Pakistan Bar Council (PBC) representative, and Justice Aminuddin Khan attended the meeting. 

    The Commission has nominated Lahore High Court Chief Justice Malik Shahzad Ahmad Khan for his elevation to the Supreme Court.

    The Judicial Commission recommended Chief Justice of the Sindh High Court Aqeel Abbasi to be made a judge of the Supreme Court.

    Lahore High Court judge Justice Shahid Bilal is also recommended to be made a Supreme Court judge. The Judicial Commission referred the matter to the Parliamentary Committee for final approval.

  • The Illegal dispossession Act, 2005

    The Illegal dispossession Act, 2005

    An Act to cure the activities of the property grabbers
    WHEREAS it is obedient to protect the lawful owners and occupiers of immovable properties from their illegal or forcible dispossession therefrom by the property grabbers;

    It is hereby enacted as follows:-
    1. Short title, extent and commencement.—(1) This Act may be called the illegal Dispossession Act, 2005

    (2) It extends to the whole of Pakistan.
    (3) It shall come into force at once.

    2. Definitions.— In this Act, unless there is anything repugnant in the subject or context:-
    (a) “Court” means the court of Session;
    (b) “Code” Means the Code of Criminal Procedure, 1898 (Act V of 1898)
    (c) “Occupier” means the person who is in lawful possession of a property;
    (d) “Owner” means the person actually owns the property at the time of his dispossession, otherwise than through a process of law, and
    (e) “Property” means immovable property.

    3. Prevention of illegal possession of property, etc.—(1) No one shall enter into or upon any property to dispossess, grab, control of occupy it without having any lawful authority to do so with the intention to dispossess, grab, control or occupy the property from owner or occupier of such property.
    (2) Whoever contravenes the provisions of the sub-section (1) shall, without prejudice to any punishment to which he may be liable under any other law for the time being in force, be punishable with imprisonment which may extend to ten years and with fine and the victim of the offence shall also be compensated in accordance with the provisions of section 544 of the Code.

    4. Cognizance of offence.— (1) Notwithstanding anything contained in the Code or any law for the time being in force, the contravention of section 3 shall be triable by the Court of Session on a complaint.
    (2) The offence under this Act shall be non-cognizable.
    (3) The Court at any stage of the proceedings may direct the police to arrest the accused.

    5. Investigation and procedure.—Upon a complaint the Court may direct the officer-in-charge of a police station to investigate and complete the investigation and forward the same within fifteen days to the Court.
    Provided that Court may extend the time within which such report is to be forwarded in case where good reasons are shown for not doing so within the time specified in this sub-section.
    (2) On taking cognizable of a case, the Court shall proceed with the trial from day to day and shall decide the case within sixty days and for any delay sufficient reasons shall be recorded.
    (3) The Court shall not adjourn the trial for any purpose unless such adjournment is in its opinion, necessary in the interest of justice and no adjournment shall in any case be granted for more than seven days.

    6. Power to attach property.—(1) If the Court is satisfied that none of the persons are in possession immediately before the commission of the offence; the Court may attach the property until final decision of the case.
    (2) In case of attachment, the methods of its management safeguard against natural decay or derioration shall be determined by the Court.

    7. Eviction and mode of recovery as an interim relief.—(1) If during trail the Court is satisfied that a person is found prima facie to be not in lawful possession, the Court shall as an interim relief direct him to put the power or occupier as the case may be, in possession.
    (2) Where the person against whom any such order is passed under sub-section (1) fails to comply with the same, the Court shall, notwithstanding any other law for the time being in force, take such steps and pass such order as may be necessary to put owner or occupier in possession.
    (3) The Court may authorize any official or officer to take possession for securing compliance with it orders under sub-section (1). The person so authorized may use or cause to be used such force as may be necessary.
    (4) If any person, authorized by the Court, under sub-section (3) requires police assistance in the exercise of his power under this Act, he may send a requisition to the officer-in-charge of a police station who shall on such requisition render such assistance as may be required.
    (5) The failure of the officer-in-charge of police station to render assistance under sub-section (4 shall amount to misconduct for which the court may direct departmental action against him.

    8. Delivery of possession of property to owner, etc.— (1) On conclusion of trail, if the Court finds that an owner or occupier of the property was illegally dispossessed or property was grabbed in contravention of section 3, the Court may, at any time of passing order under sub-section (2) of that section direct the accused or any person claiming through him for restoration of the possession of the property to the owner or , as the case may be, the occupier, if not already restored to him under section 7.
    (2) For the purpose of subsection (1), the Court may, where it is required, direct the officer-in-charge of the police station for such assistance as may be required for restoration of the possession of the property to the owner or as the case may be, the occupier.

    9. Application of Code.— Unless otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1898 (v of 1898), shall apply to proceedings under this Act.

    For more information please visit our website

    Website Home page:  https://www.irfanlaw.com

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan

  • Personal Injury

    Work Place Accidents – If you have had a personal injury or an accident at work which was not your fault then you could be entitled to a claim.

    We negotiate hard to make sure you get what you are entitled to.

    Examples of work place accident claims are accidents on a building site, shop, restaurant, warehouse, farm, factory or in an office.

    Slip/Trips Accidents – This is one of the most common types of accident that people have. Even a simple slip can result in very serious injuries to the back, broken bones and head injuries. A lot of the trips and slips can occur in the work environment due to poor health and safety. You may be awarded damages if the slip or trip was not your fault. Whatever the cause of your trip or slip there is a possibility that you may be entitled to compensation. You may contact us for advice.

    Road Traffic Accidents – If you have been involved in a road traffic accident which was not your fault then you may be entitled to make a personal injury claim.

    If you are a passenger in a collision then the claim will be made against the insurance company of the person who is responsible for the accident occurring.

    If the accident occurs when you are out of the country you may also be eligible to a claim.

    We can also help you with:

    • Accidents in public places.
    • Children’s accidents.
    • Head injury claims.
    • Spinal injury claims.
    • Fatal accident claims.
    • Product liability claims.
    • Professional negligence.
    • Public Health claims.
    • Work related upper limb disorders.
    • Industrial accidents and diseases.
    • Work place illnesses.
    • Criminal Injuries Compensation.

    Feel Free to contact us for detailed consultation.

    Regular Website:  www.irfanlaw.com

  • International Law Firm in Karachi Pakistan

    The Firm also provides the services of Negotiation, Mediation, Conciliation, and Arbitration to its clients.

    For more information visit our website

    Website Home page:  www.irfanlaw.com

  • Power Attorney

    Irfan Mir Halepota & Associates provides services in: Registration of Power of Attorney in Pakistan, Drafting General Power of Attorney in Pakistan, Drafting Power of Attorney for partnership firm in Pakistan, Drafting General Power of Attorney for a company to its agent in Pakistan, Drafting of Special Power of Attorney in Tax proceedings in Pakistan, Drafting of Special Power of Attorney to execute sale deed in Pakistan, Drafting of Power of Attorney to present documents for registration in Pakistan, Drafting of Power of Attorney for executing a sale deed and for getting the same registered in Pakistan, Drafting of Special Power of Attorney in favour of two persons to execute sale deed in Pakistan, Drafting of Power of Attorney for a court case in Pakistan, Replacement of Attorney in Pakistan, Drafting of Revocation of the Power of Attorney in Pakistan, Drafting of Irrevocable Power of Attorney in Pakistan, Power of Attorney for sale of property in Pakistan, Abuse of Power of Attorney in Pakistan.