Karachi , Pakistan is capital of province Sindh as well as the largest and most populous metropolitan
Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts
Saturday, July 13, 2024
Wednesday, December 16, 2020
June Petroleum Crisis Report made public to PM
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Pakistan's Chief of Army Staff (COAS) General Qamar Javed Bajwa on Tuesday met the Ambassador of the Kingdom of Saudi Arabia (KSA) Nawaf Saeed Al Malkiy to discuss matters of mutual interest.
Wednesday, August 26, 2020
Monday, June 8, 2020
Tuesday, May 19, 2020
Thursday, April 9, 2020
Friday, April 3, 2020
Saturday, March 28, 2020
Monday, December 16, 2019
Thursday, February 21, 2019
Speaker Siraj Durrani Arrested by Corruption Court (NAB)
Search Results
NAB team raids Sindh Assembly Speaker Agha Siraj Durrani's house ...
Samaa Digital-6 hours ago
NAB
has accused him of illegal appointments, misuse of power,
misappropriation of funds and owning assets beyond his known means
of ...
Friday, January 18, 2019
New Chief Justice of the Supreme Court of Pakistan
Justice Asif Saeed Khosa to be sworn in as 26th Chief Justice of ...
The News International-11 hours ago
ISLAMABAD: Justice Asif Saeed Khan Khosa, will take oath as the 26th Chief Justice of Pakistan on Friday (January 18), after the retirement of ...
'Suo motu notices to be taken sparingly,' says Justice Khosa at full ...
In-Depth-DAWN.com-22 hours ago
In-Depth-DAWN.com-22 hours ago
Justice Asif Saeed Khan Khosa
آصف سعید خان کھوسہ | |
|---|---|
| 26th Chief Justice of Pakistan | |
| Assumed office 18 January 2019 | |
| Appointed by | Arif Alvi |
| Preceded by | Mian Saqib Nisar |
| Senior Justice of the Supreme Court of Pakistan | |
| In office 31 December 2016 – 17 January 2019 | |
| Preceded by | Mian Saqib Nisar |
| Succeeded by | Gulzar Ahmed |
| Justice of the Supreme Court of Pakistan | |
| Assumed office 18 February 2010 | |
| Appointed by | Asif Ali Zardari |
| Justice of the Lahore High Court | |
| In office 21 May 1998 – 17 February 2010 | |
| Advocate of the Supreme Court of Pakistan | |
| In office 12 September 1985 – 20 May 1998 | |
| Advocate of the Lahore High Court | |
| In office 13 November 1979 – Unknown date | |
| Personal details | |
| Born | 21 December 1954 (age 64) Dera Ghazi Khan, Punjab, Pakistan |
| Nationality | |
| Relations | Nasim Hasan Shah (father-in-law) Nasir Mahmood Khosa (brother) Tariq Masood Khosa (brother)[1] |
| Alma mater | University of Cambridge (Trips-I, LL.M.) Lincoln’s Inn (Bar at Law) University of Punjab (B.A., M.A.) Government College, Lahore (Inter) [2] |
Saturday, September 22, 2018
Vote of Thanks by the interior Minister of State Mr Shaheryar Khan Afridi
اللہ کا شکر ہے کہ آج یوم عاشورہ خیرو عافیت سے گزرا.
— Govt of Pakistan (@pid_gov) September 21, 2018
میں قانون نافز کرنے والے اداروں کو سلام کرتا ہوں خصوصا ان جوانوں کو جنہوں نے انتھک محنت کی اور یہ ثابت کیا کہ پاکستان امن کا گہوارہ ہے.
~وزیر مملکت برائے داخلہ شہر یار خان آفریدی pic.twitter.com/7Bh2jaOTng
Friday, June 29, 2018
Karachi Bar Association Resolution condemn the Honerable Chief Justice of Pakistan Mr Nisar
Karachi BAR will get their pots and pans tossed around in the next trip .... pic.twitter.com/T8HsdlZozA
— Muneef Bokhari (@MuneefBokhari) June 29, 2018
Karachi Bar's resolution against CJP's conduct. pic.twitter.com/f5jLKfcwXT
— Hasnaat Malik (@HasnaatMalik) June 29, 2018
Thursday, June 14, 2018
New IGP Sindh
New Chief Secretaries & Inspector Generals of Police. Punjab CS: Akbar Durrani IGP: Kaleem Imam KP CS: Naveed Kamran Baloch IGP: Muhammad Tahir Sindh CS: Azam Sulaiman IGP: Amjad Javed Saleemi Balochistan CS: Dr Akhtar Nazir IGP: Mohsin Butt.Federal government has changed Chief Secretaries & IGP of all four provinces to ensure impartial & transparent elections. Akbar Hussain appointed as Chief Secretary Punjab, Azam Salman Sindh, Akhtar Nazir Balochistan, & Naveed Kamran as chief secretary of KP. pic.twitter.com/T1kqjU8FeS— Govt of Pakistan (@pid_gov) June 13, 2018
Justics Qazi Faez Isa 's Seven Question in Sh Rasheed Disqualification Case
Civil Appeal No. 467 of 2015
25. We therefore request the Hon’ble Chief Justice to constitute a bench, preferably the Full Court, since every judge of this Court has heard election disputes and acquired invaluable knowledge which will undoubtedly better help to decide the following questions of law, which have arisen in this appeal, and which will also arise in other cases:
Q.1. Does every nondisclosure or misdeclaration in the Nomination Form result in the disqualification of a candidate or only those whereby one has circumvented some inherent legal disability to participate in an election?
Q.2. If a petition does not disclose the particular facts, on the basis of which disqualification is sought, can these be considered when subsequently disclosed in the affidavit-in-evidence of the petitioner or which may otherwise be discovered during the hearing before the tribunal/court?
Q.3. Does Article 225 of the Constitution exclude the application of Article 184(3) of the Constitution to election disputes?
Q.4. If the answer to the foregoing question is in the negative, then is an election dispute regarding an individual’s qualification or disqualification a matter of “public importance” which requires the “enforcement” of a Fundamental Right and if so can it be determined under Article 184(3) of the Constitution?
Q.5. If the answer to the foregoing question is in the affirmative, are the procedural and evidentiary rules governing election petitions and appeals under the ROPA the same as those governing petitions under Article 184(3) of the Constitution?
Q.6. Does the “court of law” mentioned in Article 62(1)(f) of the Constitution include the Supreme Court when exercising jurisdiction under Article 184 (3)?
Q.7. If a candidate is disqualified on account of nondisclosure or misdeclaration does such disqualification subsist only till the next elections or is it permanent?
25. We therefore request the Hon’ble Chief Justice to constitute a bench, preferably the Full Court, since every judge of this Court has heard election disputes and acquired invaluable knowledge which will undoubtedly better help to decide the following questions of law, which have arisen in this appeal, and which will also arise in other cases:
Q.1. Does every nondisclosure or misdeclaration in the Nomination Form result in the disqualification of a candidate or only those whereby one has circumvented some inherent legal disability to participate in an election?
Q.2. If a petition does not disclose the particular facts, on the basis of which disqualification is sought, can these be considered when subsequently disclosed in the affidavit-in-evidence of the petitioner or which may otherwise be discovered during the hearing before the tribunal/court?
Q.3. Does Article 225 of the Constitution exclude the application of Article 184(3) of the Constitution to election disputes?
Q.4. If the answer to the foregoing question is in the negative, then is an election dispute regarding an individual’s qualification or disqualification a matter of “public importance” which requires the “enforcement” of a Fundamental Right and if so can it be determined under Article 184(3) of the Constitution?
Q.5. If the answer to the foregoing question is in the affirmative, are the procedural and evidentiary rules governing election petitions and appeals under the ROPA the same as those governing petitions under Article 184(3) of the Constitution?
Q.6. Does the “court of law” mentioned in Article 62(1)(f) of the Constitution include the Supreme Court when exercising jurisdiction under Article 184 (3)?
Q.7. If a candidate is disqualified on account of nondisclosure or misdeclaration does such disqualification subsist only till the next elections or is it permanent?
Friday, April 13, 2018
Friday, April 6, 2018
Salman Khan arrested sent to jodhpur jail
Visuals of #SalmanKhan at Jodhpur Central Jail. #BlackBuckPoachingCase pic.twitter.com/Q3NbMqkxhk
— ANI (@ANI) April 5, 2018
Tuesday, February 27, 2018
Tuesday, February 13, 2018
unexplained wealth orders
Circular 003/2018: unexplained wealth orders
A UWO requires a person who is reasonably suspected of involvement in, or of being connected to a person involved in, serious crime to explain the nature and extent of their interest in particular property, and to explain how the property was obtained, where there are reasonable grounds to suspect that the respondent’s known lawfully obtained income would be insufficient to allow the respondent to obtain the property. The test for involvement with serious crime is by reference to Part 1 of the Serious Crime Act 2007.
A UWO can also be applied to politicians or officials from outside the European Economic Area (EEA), or those associated with them i.e. Politically Exposed Persons (PEPs). A UWO made in relation to a non-EEA PEP would not require suspicion of serious criminality.
A UWO is a civil power and an investigation tool. It requires the respondent to provide information on certain matters (their lawful ownership of a property, and the means by which it was obtained). It is important to note that, as an investigation power, a UWO is not (by itself) a power to recover assets. It is an addition to a number of powers already available in POCA to investigate and recover the proceeds of crime and should therefore not be viewed in isolation.
The ability to apply for a UWO is limited to those agencies defined as an “enforcement authority”, namely, in England and Wales;
In Scotland, the powers are limited to the Scottish Ministers (who act through the Crown Office).
It is therefore not available to the wider law enforcement and prosecution community, except by referral to an “enforcement authority”.
If evidence is produced in response to a UWO, then a decision will be made on how to proceed using that material.
The subsequent use of the material may include referring the evidence to another body to consider criminal or civil action. It is important to note that evidence compelled under a UWO cannot normally be used against the person who provided it in any subsequent criminal prosecution.
A failure to provide a response to a UWO may give rise to a presumption that the property is recoverable under any subsequent civil recovery action. Civil recovery is a procedure in the High Court (Court of Session in Scotland) to recover the proceeds of crime (see Part 5 of POCA). Civil recovery powers are also only available to the enforcement authorities listed above.
A person commits an offence if, in purported compliance with a requirement under a UWO, they make a statement that the person knows to be false or misleading in a material way, or recklessly makes a statement that is false or misleading in a material way. A person guilty of an offence is liable to conviction on indictment to imprisonment not exceeding two years and/or a fine; or on summary conviction, to imprisonment not exceeding twelve months and/or a fine.
Agencies, including the enforcement authorities, will be required to consider their legal powers and abilities to share information. This is both when referring information to each other either to support an application for a UWO, or to consider civil or criminal action in regards to the information obtained in UWO.
If information or evidence is referred to an agency, it needs to be aware of the existence of any ‘interim freezing order’ against a property and the deadline by which that will be discharged (i.e. any other power to secure the property will need to be obtained in that period).
The codes of practice relating to the investigation powers under POCA are relevant to UWOs. The legal provisions are in sections 1 to 6 of the Criminal Finances Act 2017 which introduced new sections 362A – 362R and 396A – 396U of POCA.
Published 1 February 2018
1. Introduction
This guidance is issued to raise awareness and a basic understanding of the provisions of the “unexplained wealth order” and “interim freezing order”. It is not a statement of law and is not detailed guidance or interpretation of the power. It should not be relied upon in operating the powers or in any related proceedings. Officers operating the powers must be aware of the provisions in, and the codes of practice issued under, Part 8 of the Proceeds of Crime Act 2002 (POCA). The legislation also provides a full definition and description of terms used and the relevant procedures that may be referred to below.2. Description
The new powers of “unexplained wealth orders” (UWO) and the supporting “interim freezing orders” commence on 31 January 2018 (except they will not come into force in Northern Ireland at that time). A UWO is an investigation order issued by the High Court (Court of Session in Scotland) on satisfaction of a number of tests.A UWO requires a person who is reasonably suspected of involvement in, or of being connected to a person involved in, serious crime to explain the nature and extent of their interest in particular property, and to explain how the property was obtained, where there are reasonable grounds to suspect that the respondent’s known lawfully obtained income would be insufficient to allow the respondent to obtain the property. The test for involvement with serious crime is by reference to Part 1 of the Serious Crime Act 2007.
A UWO can also be applied to politicians or officials from outside the European Economic Area (EEA), or those associated with them i.e. Politically Exposed Persons (PEPs). A UWO made in relation to a non-EEA PEP would not require suspicion of serious criminality.
A UWO is a civil power and an investigation tool. It requires the respondent to provide information on certain matters (their lawful ownership of a property, and the means by which it was obtained). It is important to note that, as an investigation power, a UWO is not (by itself) a power to recover assets. It is an addition to a number of powers already available in POCA to investigate and recover the proceeds of crime and should therefore not be viewed in isolation.
The ability to apply for a UWO is limited to those agencies defined as an “enforcement authority”, namely, in England and Wales;
- the National Crime Agency,
- Her Majesty’s Revenue and Customs,
- the Financial Conduct Authority,
- the Serious Fraud Office, or
- the Crown Prosecution Service)
In Scotland, the powers are limited to the Scottish Ministers (who act through the Crown Office).
It is therefore not available to the wider law enforcement and prosecution community, except by referral to an “enforcement authority”.
If evidence is produced in response to a UWO, then a decision will be made on how to proceed using that material.
The subsequent use of the material may include referring the evidence to another body to consider criminal or civil action. It is important to note that evidence compelled under a UWO cannot normally be used against the person who provided it in any subsequent criminal prosecution.
A failure to provide a response to a UWO may give rise to a presumption that the property is recoverable under any subsequent civil recovery action. Civil recovery is a procedure in the High Court (Court of Session in Scotland) to recover the proceeds of crime (see Part 5 of POCA). Civil recovery powers are also only available to the enforcement authorities listed above.
A person commits an offence if, in purported compliance with a requirement under a UWO, they make a statement that the person knows to be false or misleading in a material way, or recklessly makes a statement that is false or misleading in a material way. A person guilty of an offence is liable to conviction on indictment to imprisonment not exceeding two years and/or a fine; or on summary conviction, to imprisonment not exceeding twelve months and/or a fine.
3. Points of interest
Law enforcement agencies and prosecution agencies who do not have direct access to the powers can consider referring a suitable case to an enforcement authority. Prior to making a referral, the referrer should have reasonable grounds for suspicion that an individual, who is either a PEP or involved in serious crime, has insufficient legitimate income for the purposes of enabling the individual to obtain specific identified property (of a value over £50,000), which can be shown to be in their possession. The enforcement authority can then determine whether or not an application should be made.Agencies, including the enforcement authorities, will be required to consider their legal powers and abilities to share information. This is both when referring information to each other either to support an application for a UWO, or to consider civil or criminal action in regards to the information obtained in UWO.
If information or evidence is referred to an agency, it needs to be aware of the existence of any ‘interim freezing order’ against a property and the deadline by which that will be discharged (i.e. any other power to secure the property will need to be obtained in that period).
The codes of practice relating to the investigation powers under POCA are relevant to UWOs. The legal provisions are in sections 1 to 6 of the Criminal Finances Act 2017 which introduced new sections 362A – 362R and 396A – 396U of POCA.
Tuesday, February 6, 2018
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