LOCATION

4th Floor, 14-C, Street No. 21, Off Khayaban-e-Sehr, Phase 6, DHA, Karachi, Pakistan.

House No. 4-B, Street No. 31, Ground Floor, F- 7/1, Parveen Shakir Road, Islamabad

9-B1, G Block, Gulberg-II, Lahore.

FAISAL SIDDIQI, SAAD MEMON & PARTNERS
ADVOCATES & LEGAL CONSULTANTS

ADVOCATES & LEGAL CONSULTANTS

CONSULTATION

(+92)-21-35172187-88

(+92)-341-2277806

(+92)-51-8441414

LANDMARK JUDGEMENTS

In The Honourable Supreme Court of Pakistan:

Muhammed Jibran Nasir and Others Versus State and Others (2018 PLD 351):

Criminal Appeal No. 1-K of 2018, 2-K of 2018 & 3-K of 2018 [‘Muhammad Jibran Nasir and Others Versus State and Others’]

The case revolves around the brutal murder of Shahzeb Khan which shook the nation. These Criminal Appeals were filed by several members of the Civil Society who were concerned about their safety and the safety of the general public.


The Supreme Court also ordered that the Criminal Appeals shall be deemed to be pending before the High Court of Sindh, Karachi, and the same shall be finally decided on their merits at the Court’s earliest convenience. The Chief Justice of the Sindh High Court was also directed to constitute another bench of High Court to hear these Appeals. The Supreme Court also ordered to retake the accused persons convicted by the Anti-Terrorism Courts into custody, as their admission to bail during the post-remand proceedings was nullity in the eyes of law.

 

The case was disposed of.

 

The following documents are available for viewing online:

 

Judgement dated 01.02.2018

School Fee Case:

2019 SCMR 1753 [Mohammad Imran vs. Province of Sindh & Others] and Other Connected Appeals

The primary questions before the Honourable Supreme Court of Pakistan were if (a) Rules 7 and 10 of the Sindh Private Educational Institutions (Regulation and Control) Rules, passed under The Sindh Private Education Institutions (Regulation and Control) Ordinance were constitutional? and (b) whether Article 18 of the Constitution of Pakistan, 1973, allowed such regulation? The August Court was pleased to decide favorably on both accounts.

In this, we represented the Parents of the students who attend private schools, who sought enforcement of the Sindh Private Educational Institutions (Regulation and Control) Rules, 2005 in four appeals before the Honourable Supreme Court of Pakistan where our (four) appeals were clubbed with 69 proceedings, including 20 other appeals, against two judgements of the Honourable High Court of Sindh, dated 05.03.2018 and 03.09.2018, respectively; and one judgement of the Honourable Lahore High Court Dated 05.04.2018.

Honorable Supreme Court of Pakistan was pleased to uphold the capping of Private School Fees; the August Court directed that all private schools charging a fee above PKR 5000/- must limit any fee increase in the future to the legal maximum, that is 5% and 8% in Sindh and Punjab, respectively, and subject to approval by the Regulator. Previously, Honorable Supreme Court had Ordered and taken note of the Auditor General’s Report, and ordered a further inquiry, through the Federal Investigative Agency(FIA), into the accounts of the listed private schools for the past five years.

The Honourable Supreme Court of Pakistan was pleased to hear this case for final arguments on a day to day basis during the week of 9th April, 2019 and during the week of 6th May, 2019.

The Supreme Court passed the final judgement on 09.05.2019.

The following documents are available for viewing online:

Judgement dated 09.05.2019


The Supreme Court also ordered that the Criminal Appeals shall be deemed to be pending before the High Court of Sindh, Karachi, and the same shall be finally decided on their merits at the Court’s earliest convenience. The Chief Justice of the Sindh High Court was also directed to constitute another bench of High Court to hear these Appeals. The Supreme Court also ordered to retake the accused persons convicted by the Anti-Terrorism Courts into custody, as their admission to bail during the post-remand proceedings was nullity in the eyes of law.

 

The case was disposed of.

 

The following documents are available for viewing online:

 

Judgement dated 01.02.2018

Asia Nafeesa vs. The State:

Crl.S.M.R.P. No. 43 of 2015 [Asia Nafeesa vs. The State]

The case revolves around Ms. Asia who was convicted on 20.03.2013 by the Special Judge for Control of Narcotics Substances under Section 9 (c) of the control of Narcotics Substances Act, 1997 and was sentenced to life imprisonment with fine of Rs. 500,000. Thereafter, a criminal appeal was filed before the Honourable Supreme Court of Pakistan which was also dismissed on 23.12.2015.

On 03.01.2019, the Honourable Supreme Court of Pakistan allowed to review the judgement dated 23.12.2015. It was decided by the Honourable Supreme Court in its Order dated 03.01.2019 that the conviction would be maintained but the sentence is to be modified to that which was already served by the Accused and the Accused was ordered to be released.

The following documents are available for viewing online:

Judgement dated 03.01.2019

In the Honourable Islamabad High Court:

Ensuring the Autonomy of Higher Education Commission- Restoration of Tariq Banuri

The writ petition was filed by numerous members of the civil society before the Islamabad High Court and challenged the illegal and unconstitutional removal of Dr. Tariq Banuri as Chairperson of Higher Education Commission through arbitrary and illegal notifications issued under the Higher Education Commission (Amendment) Ordinance, 2021, and Higher Education Commission (Second Amendment) Ordinance, 2021. The abovementioned amendment Ordinances reduced the tenure of the Chairperson of HEC from 4 years to 2 years with retrospective effect.

The petition was reserved for Judgement on 29/9/2021, however, while the judgment was reserved, the Parliament enacted Higher Education Commission (Amendment) Act, 2021, and Higher Education Commission (Second Amendment) Act, 2021. Thus, making the abovementioned Ordinances permanent Legislation. Our team filed an amended petition to incorporate the abovementioned amendment Acts with an amended ground and prayer. The Court heard arguments on the amended petition 18/1/22 and passed a short order the same day. Through the short order, the Honorable Islamabad High Court restored Dr. Tariq Banuri as the Chairperson of the Higher Education Commission, and declared the notifications issued under the amendment Ordinances as without lawful authority. The Respondents (Federation of Pakistan) challenged this decision through an appeal in the Honourable Supreme Court of Pakistan, with an application for suspension of the Order of the Honourable Islamabad High Court. The Honourable Supreme Court of Pakistan was pleased to admit the appeal for hearing, however refused to suspend the effect of the abovementioned Order of the Honourable Islamabad High Court.

 

The following documents are available for viewing online:

In The Honourable High Court of Sindh:

Karamat Ali and Others Versus Federation of Pakistan and Others (2018 PLD 8):

CP No. D-7097 of 2016 and D-131 of 2017 [Karamat Ali and Others Versus Federation of Pakistan and Others]

The Petitions were filed before the Honourable High Court of Sindh to question the unconstitutional repeal of the Police Order, 2002, through the Sindh (Repeal of the Police Order, 2002 & Revival of the Police Act, 1861) Act, 2011, lack of implementation of the Police Order, 2002, which is constitutionally in force and to also oppose the illegal and malafide action of the Sindh Government who kept on interfering with the work of the Inspector General of Police and sent him on a forced leave.

 

On 07.09.2017 the Honourable High Court of Sindh, passed its Judgment.

 

The following documents are available for viewing online:

 

Judgement dated 07.09.2017

Baldia Factory Fire Case:

CP No. D-7097 of 2016 and D-131 of 2017 [Karamat Ali and Others Versus Federation of Pakistan and Others]

Constitutional Petition was filed before the Honoruable High Court of Sindh at Karachi as a result of one of the biggest industrial accident in Pakistan’s history caused by a fire, which erupted inside Ali Enterprises in Baldia Town Karachi, resulting in the death of 255 workers whilst causing injuries to 55 workers. The death toll rose to such a high number because the factory did not meet any fire safety requirements. Furthermore, it was revealed that it was common practice amongst the factory management to lock all exists for the outside during work hours.

 

By filling the said Petition, PILER and other organizations and individuals had sought directions for inter alia, judicial inquiry, compensation, enforcement of labour laws, and lodging of criminal case against the factory owners. It was due to vigorous efforts of PILER , KIK Textilien, a German based company that was the major buyer of the products made in the aforementioned factory, entered into an agreement with PILER on 21.12.2012 and paid immediate relief compensation of USD 1 Million to the affected workers and families.

 

On 21.03.2018, Memorandum of Understanding was signed between Government of Sindh, represented by Sindh Labour and Human Resource Department and ILO, regarding implementation of the Arrangement for settlement of the funding gap for the compensation to be delivered to the victims of the fire at the Ali Enterprises in Baldia. In the light of this Memorandum of Understanding the Sindh Government started disbursing the compensation between the victims of the fire at the Ali Enterprises in Baldia.

 

The following documents are available for viewing online:

SPECIAL CASE

Parveen Rehman Litigation – Trial in the Anti-Terrorism Court

On 13.03.2013, Parveen Rehman, Director of Orangi Pilot Project (OPP), was shot by two unknown persons, at around 7:30 pm, at Pukhton Market, near main Manghopir road. On the same day FIR No. 104/2013, was lodged by Wali Dad, driver of deceased Parveen Rehman. On 14.03.20213, senior commander of TTP, Qari Bilal, was allegedly killed in an encounter within the area of Manghopir and one 9mm pistol was recovered from him. On the same day, approximately three to four hours after the encounter, it was announced in a press conference by senior police officials of Sindh Police, that Parveen Rehman was murdered by Qari Bilal, who has been killed by the police in an encounter. It is pertinent to note that the crime empties recovered from the place of incident and the 9mm pistol recovered from Qari Bilal were not even sent to Forensic Science Laboratory, for matching, when Qari Bilal was declared as the real culprit behind Parveen Rehman’s murder in the press conference. On 05.11.2013, the aforesaid FIR 104/2013 was disposed off as “A” Class. Thereafter, the human rights activist and sister of deceased, Aquila Ismail, filed Constitution Petition No. 50/2013, before the Honourable Supreme Court of Pakistan, for proper investigation into the murder of deceased Parveen Rehman. On 03.02.2014, the Honourable Supreme Court directed District & Sessions Judge (West) Karachi, Mr. Ghulam Mustafa Memon, to inquire into the matter. The inquiry report was submitted, wherein it was held that to reduce the pressure in such a high-profile case, the police seemed to have manipulated the investigations. The matching of crime empties recovered from the place of incident with the weapon recovered from Qari Bilal, was also not free from manipulation. On 10.07.2014, the Honourable Supreme Court directed the formation of a JIT to conduct proper investigation into the murder of Parveen Rehman. Eventually, following five accused persons were arrested:

 

i. Raheem Sawati
ii. Imran Sawati
iii. Ahmed Khan @ Ahmed Ali @ Papu Shah Kashmiri
iv. Amjad Afridi
v. Ayaz Sawati

 

On 24.05.2016, accused Raheem Sawati confession was recorded under Section 21-H, ATA, 1997, by SP Investigation-I, West Zone, Karachi, wherein he admitted that he was the master-mind behind the brutal killing of Parveen Rehman and also specified the role played by each co-accused.

The JIT affirmed the role of the five accused persons played in the murder of deceased Parveen Rehman. Thereafter, on the directions of the Honourable Supreme Court another JIT headed by FIA was constituted on 18.01.2019, which confirmed the finding of the previous JIT and also found the interview of Parveen Rehman which she gave before her death in December 2011, on Land, Politics and Violence in Karachi. It is pertinent to note the real investigation of the present case only began in 2015, three years after the murder of Parveen Rehman and the lapse of time made it very difficult to gather any technical data and other evidence against the accused persons. The Anti-Terrorism Court on 17.12.2021 convicted all four accused persons, except Imran Sawati, for murder of deceased Parveen Rehman and sentence them to life imprisonment, whereas, accused Imran Sawati was only sentenced to seven-year imprisonment for subverting the investigation and trial. The Anti-Terrorism Court based the conviction on the fact that when the confessional statement of accused Raheem Sawati, which he gave in 2016, is read in juxtaposition with the Interview of Parveen Rehman, which gave in 2011, it becomes clear that accused Raheem Sawati was threatening deceased Parveen Rehman to illegally occupy the land in the premises of OPP for establishing a karate club and later on planned to murder the deceased to get rid of her.

REPORTED CASES

FAISAL SIDDIQI:
Serial No.CITATIONTITLECOURT
12020 PLD 611KAINAT VERSUS STATE (SHAHZAIB KHAN MURDER CASE, JUDGEMENT ON RCCHR)KARACHI-HIGH-COURT-SINDH
22019 CLC 93MUHAMMAD SOHAIL TABBA VERSUS PAKISTAN THROUGH SECRETARY MINISTRY OF WATER AND POWERKARACHI-HIGH-COURT-SINDH
32018 PTD 1419HAJI IHSAN ULLAH VERSUS FEDERATION OF PAKISTAN THROUGH SECRETARYKARACHI-HIGH-COURT-SINDH
42018 CLCN 82INDEPENDENT MEDIA CORPORATION (PVT.) LTD. VERSUS PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITYKARACHI-HIGH-COURT-SINDH
52018 PLD 8KARAMAT ALI VERSUS FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INTERIOR (JUDGEMENT IS ON RCCHR)KARACHI-HIGH-COURT-SINDH
62018 PLD 222ROCHE PAKISTAN LIMITED VERSUS PAKISTAN THROUGH SECRETARYKARACHI-HIGH-COURT-SINDH
7Civil Appeals No. 1095 of 2018MOHAMMAD IMRAN VS. PROVINCE OF SINDH & OTHERSSUPREME COURT
82017 CLCN 208MST. SUGHRABHAI VERSUS PROVINCE OF SINDH THROUGH CHIEF SECRETARYKARACHI-HIGH-COURT-SINDH
92017 PLC(CS) 1393MST. SUGHRABHAI VERSUS PROVINCE OF SINDH THROUGH CHIEF SECRETARYKARACHI-HIGH-COURT-SINDH
102017 PLD 157GETZ PHARMA (PVT) LTD. VERSUS FEDERATION OF PAKISTAN, THROUGH SECRETARY, MINISTRY OF NATIONAL REGULATION AND SERVICESKARACHI-HIGH-COURT-SINDH
112017 CLCN 211GUL-E-NASREEN VERSUS MAJ. LALA RUKH (RETD.)KARACHI-HIGH-COURT-SINDH
122017 PLD 157GETZ PHARMA (PVT) LTD. VERSUS FEDERATION OF PAKISTAN, THROUGH SECRETARY, MINISTRY OF NATIONAL REGULATION AND SERVICESKARACHI-HIGH-COURT-SINDH
132016 CLD 461GHUFRAN ATTA KHAN VERSUS SUMMIT BANK LIMITEDKARACHI-HIGH-COURT-SINDH
142016 PLD 479GETZ PHARMA (PVT.) LIMITED VERSUS PROVINCE OF SINDH THROUGH CHIEF SECRETARY, GOVERNMENT OF SINDHKARACHI-HIGH-COURT-SINDH
152016 YLR 1730KANIYA LAL VERSUS PROVINCE OF SINDH THROUGH SECRETARYKARACHI-HIGH-COURT-SINDH
162016 CLC 1152RAMESH KUMAR UKRANI VERSUS FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF PETROLEUM AND NATURAL RESOURCESKARACHI-HIGH-COURT-SINDH
172016 YLRN 37ZEESHAN MUSTAFA LASHARI VERSUS PROVINCE OF SINDHKARACHI-HIGH-COURT-SINDH
182016 CLD 1535GUJRANWALA ENERGY LIMITED VERSUS PRIVATE POWER AND INFRASTRUCTURE BOARD (PPIB)KARACHI-HIGH-COURT-SINDH
192016 CLC 1442GUJRANWALA ENERGY LIMITED VERSUS PRIVATE POWER AND INFRASTRUCTURE BOARD (PPIB)KARACHI-HIGH-COURT-SINDH
202015 PTD 438RAZA FECTO TRACTORS (PVT.) LTD. VERSUS FEDERATION OF PAKISTANKARACHI-HIGH-COURT-SINDH
212015 CLC 1223PAKISTAN RAILWAY EMPLOYEES COOPERATIVE HOUSING SOCIETY LTD. VERSUS KARACHI BUILDING CONTROL AUTHORITYKARACHI-HIGH-COURT-SINDH
222015 PTD 2072 (FS and MV)PAKISTAN TELECOMMUNICATION COMPANY LTD. VERSUS PROVINCE OF SINDH THROUGH SECRETARY, MINISTRY OF FINANCEKARACHI-HIGH-COURT-SINDH
23Crl.S.M.R.P. No. 43 of 2015MST. ASIA NAFEESA VS. THE STATE JUDGEMENT ON RCCHRSUPREME COURT
242014 MLD 524TARIQ NAZIR BUKHARI VERSUS PROVINCE OF SINDH THROUGH HOME SECRETARYKARACHI-HIGH-COURT-SINDH
252014 MLD 400SAJJAD HUSSAIN VERSUS STATEKARACHI-HIGH-COURT-SINDH
262014 YLR 2331MRS. SAMINA ZAHEER ABBAS VERSUS HASSAN S. AKHTARKARACHI-HIGH-COURT-SINDH
272013 PTD 2048CIVIL AVIATION AUTHORITY OF PAKISTAN VERSUS SINDH REVENUE BOARDKARACHI-HIGH-COURT-SINDH
282013 MLD 380ABID HUSSAIN VERSUS PROVINCE OF SINDH, THROUGH CHIEF SECRETARYKARACHI-HIGH-COURT-SINDH
292013 CLD 330TILLOTTS PHARMA AG VERSUS GETZ PHARMA (PRIVATE) LIMITEDKARACHI-HIGH-COURT-SINDH
302013 PCrLJ 1002DR. BABAR HUSSAIN VERSUS S.H.O., POLICE STATION CITY COURTS, KARACHIKARACHI-HIGH-COURT-SINDH
312012 PLD 261MUEEN AFTAB SHAIKH VERSUS THE STATE THROUGH FIA KARACHIKARACHI-HIGH-COURT-SINDH
322011 MLD 1339ABU BAKR VERSUS LAL TAJ KHANKARACHI-HIGH-COURT-SINDH
332010 CLC 669MST. NOOR JEHAN VERSUS CITY DISTRICT GOVERNMENT, KARACHI THROUGH DISTRICT COORDINATION OFFICERKARACHI-HIGH-COURT-SINDH
342010 PLD 366MST. SHAHANA ALI VERSUS SYED MUHAMMAD HARIS JAFFARIKARACHI-HIGH-COURT-SINDH
352009 PTD 687KAHOOT INTERNATIONAL VERSUS COLLECTOR OF CUSTOMSKARACHI-HIGH-COURT-SINDH
362008 YLR 2116OXFORD UNIVERSITY PRESS THROUGH MANAGING DIRECTOR VERSUS FEROZESONS (PVT.) LTD. THROUGH MESSRS KHALID ANWER & CO. ADVOCATESKARACHI-HIGH-COURT-SINDH
372007 PTD 161MAPLE LEAF CEMENT FACTORY LTD. THROUGH COMPANY SECRETARY VERSUS FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF FINANCE, ISLAMABAD AND 2 OTHERSKARACHI-HIGH-COURT-SINDH
382007 PTD 60MESSRS MORO TEXTILE MILLS LIMITED THROUGH CHAIRMAN VERSUS CENTRAL BOARD OF REVENUE THROUGH CHAIRMAN, ISLAMABAD AND 2 OTHERSKARACHI-HIGH-COURT-SINDH
392006 PLD 536QUAID-E-AZAM’S MAZAR, MANAGEMENT BOARD, KARACHI VERSUS PROVINCE OF SINDH THROUGH SECRETARY, HOUSING AND TOWN PLANNING KARACHIKARACHI-HIGH-COURT-SINDH
402005 PTD 2582COLLECTOR OF SALES TAX AND CENTRAL EXCISE LARGE TAXPAYERS UNIT, KARACHI VERSUS MESSRS ALLIED ENGINEERING AND SERVICES LTD., KARACHIKARACHI-HIGH-COURT-SINDH