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Islamabad (NA)
Court Proceedings:2013
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Date
Incidents
January - 7 
Hearing a petition by Senator Haji Adeel for reviewing the progress on the judgement on Karachi (Sindh) law and order passed by the Supreme Court in October 2011, the court on January 7 directed the Sindh Chief Secretary and Advocate General to submit a comprehensive reply by January 22 with regard
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Hearing a petition by Senator Haji Adeel for reviewing the progress on the judgement on Karachi (Sindh) law and order passed by the Supreme Court in October 2011, the court on January 7 directed the Sindh Chief Secretary and Advocate General to submit a comprehensive reply by January 22 with regard to implementation of its orders. The court expressed its dissatisfaction with non-implementation of the judgement even after more than a year and directed Advocate General Fateh Malik to present a comprehensive report with detailed progress against each point of the judgement at the next hearing. The bench warned that contempt of court proceedings would be started against the authorities concerned if they fail to provide details of steps that have been taken in this regard. During the hearing, the court expressed its concern to know that Karachi Police is controlled and run by a gambler, Wasim Beater, and postings and promotions of Police Officers are made on his recommendations. Sindh Police Inspector General (IGP) Fayyaz Leghari, Chief Secretary Raja Muhammad Abbas and Additional Chief Secretary Wasim Ahmed expressed their ignorance on the issue. But Hyderabad Deputy Inspector General (DIG) Sannaullah Abbasi and Sindh Additional IG Bashir Memon admitted before the court in the presence of their seniors that Wasim Beater is a junior Police Officer and run a ‘gambling den’ in Karachi and have great influence in the Police Department.
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January - 14 
Hearing the Balochistan target killings case, the Supreme Court (SC) observed that it never wanted the dismissal of the Balochistan Assembly and that there is a difference between legislative business and authority of executive. The Court sought the notification dismissing the Provincial Government
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Hearing the Balochistan target killings case, the Supreme Court (SC) observed that it never wanted the dismissal of the Balochistan Assembly and that there is a difference between legislative business and authority of executive. The Court sought the notification dismissing the Provincial Government and imposing Governor’s rule in the province. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhary, and comprising Justice Gulzar Ahmed and Justice Azmat Saeed, has also sought a report over steps taken to resolve the worsening law and order situation in the province.
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May - 3 
Two suspected terrorists, picked up by intelligence agencies from Butkhela area of Malakand District in Khyber Pakhtunkhwa (KP) in 2009 and 2010, were produced before the Supreme Court on May 3, reports Dawn. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry had ordered the Khy
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Two suspected terrorists, picked up by intelligence agencies from Butkhela area of Malakand District in Khyber Pakhtunkhwa (KP) in 2009 and 2010, were produced before the Supreme Court on May 3, reports Dawn. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry had ordered the Khyber Pakhtunkhwa (KP) Government on May 2, to produce the two before the court. Mohammad Ibrahim was picked up on Eid day on Sept 11, 2010 and Hidayat Shah on Dec 23, 2009. According to the prosecution, both the suspects belong to Butkhela in the Provincially Administered Tribal Areas (PATA).
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May - 15 
A man detained by intelligence agencies since 2011 told the Islamabad High Court (IHC) on May 15 that over 500 terror suspects had been kept in an internment centre in Lakki Marwat town of same District in Khyber Pakhtunkhwa (KP), reports Dawn. Rana Amir, who went missing in 2011, also was detained
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A man detained by intelligence agencies since 2011 told the Islamabad High Court (IHC) on May 15 that over 500 terror suspects had been kept in an internment centre in Lakki Marwat town of same District in Khyber Pakhtunkhwa (KP), reports Dawn. Rana Amir, who went missing in 2011, also was detained at the centre. This was confirmed by a Defence Ministry Official who told the court on May 2 to ask the KP Government to produce him before it. On the directive of Justice Shaukat Aziz Siddiqui, the Interior Ministry and the KP Government produced Amir during the hearing of a petition filed by his wife Rashida Amir. Responding to the court’s questions, Amir said that intelligence personnel had picked him up from his dairy farm in Rahim Yar Khan on February 10, 2011. According to him, the agencies initially kept him in solitary confinement for five months somewhere in Bahawalpur. From there he was taken to Lahore and Peshawar and subsequently to Lakki Marwat. He told the court that the Lakki Marwat centre housed more than 500 suspects in about 20 barracks.
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May - 28 
The Supreme Court was petitioned on May 28 for issuance of a declaration that no person, civil or military, can engage in any contact or negotiation with any Tehreek-e-Taliban Pakistan (TTP), an act that is forbidden by Article 256, reports Daily Times. Freelance journalist Shahid Orakzai has filed
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The Supreme Court was petitioned on May 28 for issuance of a declaration that no person, civil or military, can engage in any contact or negotiation with any Tehreek-e-Taliban Pakistan (TTP), an act that is forbidden by Article 256, reports Daily Times. Freelance journalist Shahid Orakzai has filed the petition under Article 184(3) of the constitution, nominating as respondents the Joint Chiefs of Staff Committee (JCSS) through its chairman and Director General (DG) of Inter-Services Intelligence (ISI). He requested the court to instruct the DG, ISI to identify the persons who are in contact with the TTP and their mode of communication. “Instruct respondent Chairman to pre-empt any contact/dialogue/negotiations on the territory of Pakistan between the enemy and any politico-religious person/party advocating peace with the enemy”, the applicant pleaded. He further said that respondent JCSC chairman should be instructed to call a meeting of the committee to identify the areas in Pakistan wherein the rebels are threatening the security of the country and report the action to be taken against them. Orakzai contended that the court needed to prevent any move against the constitution that might undermine the security of the country and the discipline of the armed forces of Pakistan. “The court’s attention is called to the plight of the combatant soldier and his loosening grip on the trigger when he discovers that his blood is now a matter of bargain for the next prime minister of Pakistan. Some judges of this court (who were locked in their homes) may kindly recall their feeling towards their betraying colleagues who joined hands with the military president in November 2007. All betrayals stink alike,” Orakzai remarked. He said that the armed forces had not lost any ground or territory to the rebels nor have they lost the will to fight, and the court could seek their view from JCSC chairman or any other officer mentioned in Article 243. “Having suffered loss of life, they are bewildered by the sudden U-turn in state policy on the war,” he noted. The petitioner also questioned whether the armed forces of Pakistan can propose a truce/ceasefire/end of hostilities to the enemy on the territory of Pakistan. “Whether the armed forces shall uphold the constitution as interpreted by the Supreme Court or by the federal government,” he added
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June - 6 
A Pakistani court on June 6 allowed the trial of former President General (retired) Pervez Musharraf for sacking and detaining dozens of judges in 2007 to be conducted at his farmhouse in the suburb of Chak Shahzad in Islamabad that has been declared a "sub-jail", The Times of India reported. The I
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A Pakistani court on June 6 allowed the trial of former President General (retired) Pervez Musharraf for sacking and detaining dozens of judges in 2007 to be conducted at his farmhouse in the suburb of Chak Shahzad in Islamabad that has been declared a "sub-jail", The Times of India reported. The Islamabad high court said anti-terrorism court Judge Kausar Abbas Zaidi could conduct Musharraf's trial at his farmhouse. The court gave its ruling after its registrar and Zaidi reviewed security arrangements at the farmhouse.
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July - 8 
The Supreme Court on July 8 (Today) will hearing an appeal against the grant of bail to former President General Pervez Musharraf by the Islamabad High Court in a case regarding the 2007 detention of dozens of judges, reports Daily Times. Petitioner Advocate Chaudhry Muhammad Aslam Ghuman challenged
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The Supreme Court on July 8 (Today) will hearing an appeal against the grant of bail to former President General Pervez Musharraf by the Islamabad High Court in a case regarding the 2007 detention of dozens of judges, reports Daily Times. Petitioner Advocate Chaudhry Muhammad Aslam Ghuman challenged the IHC’s June 11 order for granting bail to Musharraf and dropping terrorism charges against him. Though the appeal has been fixed before a three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, it is expected that the CJP will refer the case to another bench because he has already refused to hear the matters related to Musharraf.
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July - 12 
Justice Noorul Haq of the Islamabad High Court (IHC) on July 12 ordered Police to register a murder case against former President General (retired) Pervez Musharraf over the killing of Ghazi Abdul Rasheed during the 2007 military operation in Lal Masjid (Red Mosque), reports Daily Times. Justice Noo
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Justice Noorul Haq of the Islamabad High Court (IHC) on July 12 ordered Police to register a murder case against former President General (retired) Pervez Musharraf over the killing of Ghazi Abdul Rasheed during the 2007 military operation in Lal Masjid (Red Mosque), reports Daily Times. Justice Noorul Haq issued the order on a petition filed by Haroon Rasheed, son of Ghazi Abdul Rashid, through his counsel Tariq Asad, against the murder of his father and grandmother during the operation. The complainant said Lal Masjid Commission report reveals that Musharraf had ordered the operation, in which his father was killed. However, Musharraf’s counsel Ilyas Siddiqui said that since Musharraf has served as President and Army Chief, he enjoys immunity in a criminal case.
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July - 12 
Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) disposed of a petition filed for the recovery of a missing person, Qazi Muhammad Ibrahim, with the direction to Margalla Police to trace him and submit a compliance report, reports Dawn. The judge directed Station House Officer (SHO) Ma
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Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) disposed of a petition filed for the recovery of a missing person, Qazi Muhammad Ibrahim, with the direction to Margalla Police to trace him and submit a compliance report, reports Dawn. The judge directed Station House Officer (SHO) Margalla Tanveer Abbasi to make personal efforts for the recovery of the missing man. Justice Siddiqui also directed the SHO to inform the court whether the man was in custody of any Intelligence Agency or had been kidnapped-for-ransom. Qazi Mohammad Ibrahim went missing on June 12, 2013, after leaving his residence to visit his new house at PWD Colony in Islamabad. The petition for his recovery was filed by his mother Aamira Riaz Qazi. She nominated Directors General Inter Services Intelligence (ISI), Intelligence Bureau (IB), the Federal Investigation Agency (FIA), the Secretary Interior, Inspector General of Police (IGP) Islamabad and SHO Margalla as respondents.
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July - 31 
Hearing the case of missing persons, the Supreme Court (SC) on July 31 directed the Rawalpindi Police to proceed against Military Intelligence (MI) Major Haider in accordance with law, reports Daily Times. A three-member bench of the court, headed by Chief Justice of Pakistan (CJP) Iftikhar Muhammad
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Hearing the case of missing persons, the Supreme Court (SC) on July 31 directed the Rawalpindi Police to proceed against Military Intelligence (MI) Major Haider in accordance with law, reports Daily Times. A three-member bench of the court, headed by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, was hearing an application by Abida Malik whose husband Tasif Ali went missing on November 23, 2011, from the Sadiqabad Police precincts in Rawalpindi. Earlier, the father-in-law of Tasif had told the bench that he had met with the MI officer, Major Haider, in Mirpur (Azad Kashmir) who said that Tasif would return home very soon. The court observed that the case was of “individual nature” and does not involve the institution. “Therefore, police should proceed against the army officer (Major Haider) in accordance with law.” On the other hand, Ibrahim Satti, the counsel for MI, raised objection to the court’s order, and said that Police have no jurisdiction to proceed against any serving Army Officer under the Army Act, 1952. He also made it clear that the army would not hand over its officer to Police. But Justice Jawwad S Khawaja told the lawyer that the MI could not probe the matter itself as only Police had the authority to investigate the Army Officer.
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August - 15 
The Anti Terrorism Court (ATC) on August 15 sent five suspects arrested in connection with the August 9, 2013, suicide attack on Bara Kahu mosque in Islamabad on a three-day physical remand on Police request, reports The News.
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The Anti Terrorism Court (ATC) on August 15 sent five suspects arrested in connection with the August 9, 2013, suicide attack on Bara Kahu mosque in Islamabad on a three-day physical remand on Police request, reports The News.
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September - 11 
Additional Attorney General (AAG) Tariq Khokhar on September 11 told a three-judge bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry that missing person Masood Janjua and one Faisal Faraz were killed in an attack by al Qaeda in South Waziristan Agency of Federally Adminis
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Additional Attorney General (AAG) Tariq Khokhar on September 11 told a three-judge bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry that missing person Masood Janjua and one Faisal Faraz were killed in an attack by al Qaeda in South Waziristan Agency of Federally Administered Tribal Areas (FATA), reports Daily Times. The court was further informed that there were evidences that the deceased Janjua and Faraz had links with al Qaeda. The AAG told the court that Masood Janjua was not in the custody of Intelligence Agencies. He said that a former Inter Services Intelligence top officer had, in his statement before the inquiry commission probing the missing persons’ case, said that Masood Janjua had links with al Qaeda and had been killed in an attack in Waziristan. Chief Justice Iftikhar Muhammad Chaudhry directed the AAG to present credible evidences to prove this claim. Amna Janjua, wife of Masood Janjua, also appeared before the court and stated that the missing persons’ commission had taken a U-turn after the statements of the Intelligence Agencies. The court directed the AAG to submit a detailed report about the evidences in the case in the next hearing and adjourned the case until September 13 (tomorrow). Khokhar told the three-member bench that according to a statement of former Deputy ISI Director General (DG) Major General (retired) Nusrat Naeem, which he gave on 30 June, 2011, Masood Janjua and Faisal Faraz were in contact with a Pakistani named Tariq, who was working with the United States (US) as an agent of Central Intelligence Agency (CIA). He said that Tariq had arranged a meeting with al Qaeda leader Sheikh Saad Al Misri, who was on the hit list of the CIA. The AAG also said that through Masood Janjua and Faisal Faraz a laptop fitted with a satellite chip was delivered to the al Qaeda leader. When the al Qaeda came to know about the chip they killed Masood Janjua and Faisal Faraz. However, Amina Janjua, who is also chairperson of the Defence of Human Rights, rejected General Naeem’s statement.
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September - 19 
Anti-Terrorism Court in Islamabad sent suspected terrorists Hammad Adil and Shaukat Zaman on a 14-day judicial remand on September 19, reports The Express Tribune. Adil was arrested on September 16, 2013, during a raid in the Sabzi Mandi area. The police believe Adil was plotting a car bombing in Is
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Anti-Terrorism Court in Islamabad sent suspected terrorists Hammad Adil and Shaukat Zaman on a 14-day judicial remand on September 19, reports The Express Tribune. Adil was arrested on September 16, 2013, during a raid in the Sabzi Mandi area. The police believe Adil was plotting a car bombing in Islamabad. It was revealed that Adil’s next target was former President General (retired) Pervez Musharraf’s farmhouse in Chak Shahzad. The Police had seized his car in Bhara Kahu in which they found a CNG container filled with 120 kilogrammes of explosive material. Zaman was also allegedly helping a man named Tanveer who is associated with al Qaeda.
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September - 23 
Maulana Abdul Aziz, the chief cleric of Lal Masjid (Red Mosque), was acquitted from his last case on September 23 by a judicial magistrate of Islamabad, Mohammad Naveed Khan, reports Dawn. Since 2001, 27 different cases had been registered against Maulana Aziz, and the last one was registered on Apr
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Maulana Abdul Aziz, the chief cleric of Lal Masjid (Red Mosque), was acquitted from his last case on September 23 by a judicial magistrate of Islamabad, Mohammad Naveed Khan, reports Dawn. Since 2001, 27 different cases had been registered against Maulana Aziz, and the last one was registered on April 1, 2007 by the Kohsar Police because he had threatened shopkeepers of Aabpara and Jinnah Super Market for selling movies containing indecent content. The first of the 27 cases against Maulana Abdul Aziz and his associates was registered on September 28, 2001, for delivering fiery speeches. Between 2001 and 2005, the Police registered 10 cases of which five were registered under different sections of the Anti Terrorism Act 1997. The remaining five were withdrawn before 2007. However, 22 cases were later registered against the cleric between January and July, 2007. In this regard, the prosecution produced 60 witnesses against Maulana Aziz. However, when the relevant witnesses, including the shopkeepers, were produced before the court, they disowned the prosecution’s story and claimed that Maulana Aziz had never threatened them or visited their shops. Maulana Wajihullah advocate, counsel of Maulana Aziz, after the cleric’s acquittal told Dawn that former President General (retired) Pervez Musharraf had forced the Police to register fake cases against the cleric and his family members. He said Maulana Aziz and his family members had now been acquitted from all fake cases but General Musharraf himself was still facing trials.
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October - 10 
Former President General (retired) Pervez Musharraf was rearrested in Lal Masjid (Red Mosque) killing case hours after submitting surety bonds in the Supreme Court on October 10, reports Dawn. The apex court had asked Musharraf to submit two surety bonds of PKR 1 million each to the Supreme Court Re
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Former President General (retired) Pervez Musharraf was rearrested in Lal Masjid (Red Mosque) killing case hours after submitting surety bonds in the Supreme Court on October 10, reports Dawn. The apex court had asked Musharraf to submit two surety bonds of PKR 1 million each to the Supreme Court Registrar. The re-arrest came after he had been granted bail in three other cases and his lawyer said on October 9, 2013 that he was cleared to leave the country. Assassination of former Prime Minister Benazir Bhutto (December 27, 2007), death of Baloch nationalist leader Nawab Akbar Bugti (August 26, 2006) and detention of deposed Supreme Court judges (2007) were the other three major cases registered against the former military strongman. “We have put General Musharraf under house arrest in a case involving a military operation on an Islamabad mosque,” Muhammad Rizwan, a senior official of the Islamabad Police said, adding, “We will present him before a court on Friday (October 12, 2013)”. A spokesman of Musharraf’s All Pakistan Muslim League (APML) party confirmed the arrest saying they will now apply for bail in the latest case. “Yes, Police have officially arrested General Musharraf and put him under house arrest. We will file his bail application soon,” Muhammad Amjad, Secretary General of the APML said.
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October - 21 
The Supreme Court on October 21 rejected an application filed by Shahrukh Jatoi, the main person convicted in the Shahzeb Khan murder case, seeking transfer of the case from an Anti-Terrorism Court (ATC) to a District and Sessions court, reported Dawn. Jatoi’s family members had filed an applicatio
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The Supreme Court on October 21 rejected an application filed by Shahrukh Jatoi, the main person convicted in the Shahzeb Khan murder case, seeking transfer of the case from an Anti-Terrorism Court (ATC) to a District and Sessions court, reported Dawn. Jatoi’s family members had filed an application at the Supreme Court’s Karachi Registry on June 4, 2013. The petition was filed against the decision of the Sindh High Court that had dismissed the application for the transfer of the case. The apex court, however, rejected the appeal. Jatoi’s family members had also submitted an application seeking transfer of the case in the High Court, which had also been dismissed. Shahzeb Khan was shot dead on the night of December 24, 2012 when he was returning home along with his sister after attending a wedding. Shahzeb was murdered reportedly after he had an altercation with one of the convicts’ servant who had given verbal threats to the victim’s sister. Jatoi, Siraj Talpur, his younger brother Sajjad Talpur and their house servant Ghulam Murtaza Lashari were found guilty of killing Shahzeb in Karachi's Defence Housing Authority (DHA). An ATC in Karachi sentenced Jatoi to death in its verdict on June 8, 2013. Moreover, another suspect, Siraj Talpur, was also awarded capital punishment for his role in the crime. Two other suspects in the case, Sajjad Ali Talpur and Ghulam Murtaza Lashari were sentenced to life imprisonment.
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October - 30 
Chief Justice Iftikhar Muhammad Chaudhry on October 30 grilled the Chief of the Federal Board of Revenue (FBR) for not clarifying facts pertaining to the allegedly missing 19,000 NATO containers before the United States (US) Ambassador to Pakistan, reports The Express Tribune. During a hearing of th
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Chief Justice Iftikhar Muhammad Chaudhry on October 30 grilled the Chief of the Federal Board of Revenue (FBR) for not clarifying facts pertaining to the allegedly missing 19,000 NATO containers before the United States (US) Ambassador to Pakistan, reports The Express Tribune. During a hearing of the Karachi law and order case at the Supreme Court’s Karachi Registry, the bench led by the Chief Justice himself directed FBR Chairman Tariq Bajwa to submit the details of the letter sent to his office by the American envoy, who had denied reports that any containers carrying supplies for NATO and US forces in Afghanistan had gone missing in Pakistan. While giving the directions, the bench members noted that the inquiry of the commission led by Shoaib Suddle had determined 19,000 containers did go missing and asked the FBR chief as to why this information was not shared with the US envoy. “You should have taken him (to US ambassador) to Peshawar’s Karkhano market and shown him how large quantities of smuggled weapons are being sold openly. The whole country has many such markets now,” Justice Chaudhry observed, adding, “We must give a clear impression that our institutions are clear and the judiciary is independent.” The Chief Justice also noted that black money was circulating openly in Karachi and, along with smuggled weapons and contraband, was fuelling violence in the metropolis. He said violence in the city was not ethnically motivated and was instead a turf-war between various mafias. “It is quite surprising for us that while all law enforcement agencies are fully aware that the mafias are responsible for the law and order situation [in Karachi], but instead of taking any preventive measures, they all try to justify why no action has been taken so far,” Justice Chaudhry observed.
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November - 26 
A full bench of the Supreme Court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Amir Hani Muslim on November 26 ordered the Defence Secretary to produce until November 28, 2013 the 35 people who are now in custody but were earlier called as missing persons
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A full bench of the Supreme Court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Amir Hani Muslim on November 26 ordered the Defence Secretary to produce until November 28, 2013 the 35 people who are now in custody but were earlier called as missing persons, reports Daily Times. Hearing the case of one missing person Yasin Shah, the bench ordered the Minister of Defence (a portfolio currently held by Prime Minister Nawaz Sharif) to appear in the court if the defence secretary failed to produce the missing persons. The court had earlier summoned the defence secretary but he did not appear.
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November - 26 
A full bench of the Supreme Court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Amir Hani Muslim on November 26 ordered the Defence Secretary to produce until November 28, 2013 the 35 people who are now in custody but were earlier called as missing persons
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A full bench of the Supreme Court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Amir Hani Muslim on November 26 ordered the Defence Secretary to produce until November 28, 2013 the 35 people who are now in custody but were earlier called as missing persons, reports Daily Times. Hearing the case of one missing person Yasin Shah, the bench ordered the Minister of Defence (a portfolio currently held by Prime Minister Nawaz Sharif) to appear in the court if the defence secretary failed to produce the missing persons. The court had earlier summoned the defence secretary but he did not appear. A full bench of the Supreme Court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Amir Hani Muslim on November 26 ordered the Defence Secretary to produce until November 28, 2013 the 35 people who are now in custody but were earlier called as missing persons, reports Daily Times. Hearing the case of one missing person Yasin Shah, the bench ordered the Minister of Defence (a portfolio currently held by Prime Minister Nawaz Sharif) to appear in the court if the defence secretary failed to produce the missing persons. The court had earlier summoned the defence secretary but he did not appear. Additional Defence Secretary Major General (retired) Arif Nazir told the Court that the Defence Secretary was on medical leave, and requested more time to produce the missing persons. While observing that no document has been produced about the medical leave of the Defence Secretary the court directed the Additional Secretary to produce the leave sanction order. The bench directed the law officer to take up the matter with the Ministry and ensure production of the internees from the custody of the Army. It observed that since sufficient evidence was available to establish the custody of the 35 persons with the army, therefore, the army authorities were bound to produce them before the court, and had no authority to retain their custody unlawfully. The court held that these persons are not missing as their custody has been identified. It observed that they could be prosecuted if found guilty. Later, when the proceedings resumed, Additional Defence Secretary told the Court that the acting charge of the Secretary has been entrusted to him and he again requested some more time to produce these persons. The court turned down his request and directed the Defence Minister and Defence Secretary to produce these persons on November 28, 2013.
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December - 4 
Islamabad High Court (IHC) on December 4 dismissed a petition challenging the constitution of a special court for treason trial of former President General (retired) Pervez Musharraf under Article 6 of the Constitution, reports The Express Tribune. Justice Noor-ul-Haq N Qureshi was hearing the petit
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Islamabad High Court (IHC) on December 4 dismissed a petition challenging the constitution of a special court for treason trial of former President General (retired) Pervez Musharraf under Article 6 of the Constitution, reports The Express Tribune. Justice Noor-ul-Haq N Qureshi was hearing the petition filed by a local lawyer Riaz Hanif Rahi, who is a member of Islamabad High Court Bar Association. The petitioner had claimed that selection of judges for the special court – comprising Justice Faisal Arab, Justice Tahira Safdar and Justice Yawar Ali – was the prerogative of Prime Minister. However, he contended, in the case of Musharraf the judges for the court had been picked up by Chief Justice Iftikhar Muhammad Chaudhry. During the course of hearing, Justice Qureshi asked the petitioner as to how he could argue despite the objection raised by the IHC registrar office. The petitioner said every citizen had the right to point out if he noticed anything wrong in the bench. He said the judges appointed for treason trial of Musharraf had refused to take oath under the Provisional Constitutional Order (PCO). The petitioner – calling into question the impartiality of the existing judges of the special court – said the judges should have been appointed on the basis of merit. He also contended that Federal Investigation Agency (FIA) had also not investigated the matter in a proper manner. “You want to sabotage the trial by filing the petition while you have failed to remove the objection raised by the registrar,’’ observed Justice Qureshi as he first reserved the judgment on the maintainability of the petition, which was later in the evening dismissed by the court. The treason trial of Pervez Musharraf is likely to start next week. Senior lawyer Sharifuddin Pirzada is going to defend Musharraf along with his team comprising Dr Khalid Ranjha, Ilyas Siddiqui, Ahmed Raza Kasuri and Ibrahim Satti. On the prosecution side, the Government has appointed senior lawyer Akram Sheikh.
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December - 25 
Former President General (retired) Pervez Musharraf on December 25 decided to file an Intra-Court Appeal (ICA) in the Islamabad High Court (IHC) against the dismissal of his plea that he be tried in a military court because he remains subject to the Army Act 1952 even after his retirement, reports D
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Former President General (retired) Pervez Musharraf on December 25 decided to file an Intra-Court Appeal (ICA) in the Islamabad High Court (IHC) against the dismissal of his plea that he be tried in a military court because he remains subject to the Army Act 1952 even after his retirement, reports Daily Times. Mushrraf said that it was essentially a matter falling within the jurisdiction of military court and the enabling laws stipulated in the Pakistan Army Act, 1952. Musharraf’s counsel, Advocate Chaudhry Faisal Hussain said that Musharraf’s legal team has decided to file an ICA this week against the dismissal of three petitions regarding the formation of the special court for his treason trial as well as appointment of a special prosecutor. He said that they would obtain the IHC’s orders on December 26, 2013 (today) on three petitions for filing of ICAs in this regard. The counsel stated that the legal team was very disappointed that the IHC had rejected their petitions without giving proper reasons. Earlier, Musharraf, through his counsel Dr Khalid Ranjha, argued that the alleged acts were committed by him when he was holding an office in the Pakistan Army and “by virtue of Section 92 of the Pakistan Army Act, 1952 he remains the subject of the Army Act even after the retirement”. “If the trial is allowed to be proceeded as it is with the respondent No 1 (Special Court), it would cause gross prejudice to the petitioner and would be violative of the petitioner’s mandatory constitutional right as enshrined under Article 10-A of the constitution of Pakistan 1973,” he said.
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