Court | Pakistan

• NCSW slams judgement, says prosecution’s findings disregarded • In dissenting note, judge notes delay in reporting sexual assault not fatal to prosecution ISLAMABAD: The recent Sup­reme Court verdict, commuting a rape conviction to a charge of fornication, has sparked considerable controversy, with the National Commission on the Status of Women (NCSW) sharply criticising the judgement, and one judge on the bench dissenting from the majority ruling. The NCSW noted with concern that the prosecution’s findings — including investigative evidence and judicial conclusions reached by the trial court and the Lahore High Court (LHC) — were effectively disregarded, resulting in the accused being discharged from the offence of rape. “Such an outcome raises critical questions regarding the adjudication of sexual violence cases and the application of legal standards relating to consent,” the commission regretted. The NCSW also highlighted that consent could not be inferred from silence, delayed reporting, or the absence...

• Officials say SC Rules do not permit them • Policy meant for technical experts, not routine judicial administrators ISLAMABAD: The Federal Con­stitutional Court (FCC), the country’s newly-established apex forum for constitutional interpretation, apparently acting under the proviso of Article 208 of the Constitution made certain appointments in which some employees have been placed in the federal government’s Special Professional Pay Scale (SPPS) policy. A notification issued by FCC earlier this week, and approved by Chief Justice Aminuddin Khan, created eight senior posts — including one in BS-22 and seven in BS-21 — all placed in SPPS. Under SPPS-I, the pay package ranges from Rs1.5 million to Rs2m, almost equivalent to the salary of a high court judge. However, senior federal officials familiar with service laws say the FCC administration has thus far not framed any rules under Article 208 and therefore, under the proviso to the said article, can only follow the Supreme Court Rules relating to the appoint...

• Seniority principle seen flouted as ex-CB judges sidelined • Lawyers fear judges chosen for loyalty, not competence • Five judges boycott oath-taking ceremony • President accepts Mansoor, Minallah resignations; lawyers hail duo as ‘national heroes’ • Full court skips FCC, resignations issue; okays SC Rules ISLAMABAD: The Federal Consti­tutional Court (FCC) formally commenced on Friday after its chief justice and four judges took oath, though the proceedings were overshadowed by a boycott from five senior judges of the Islamabad High Court (IHC) and questions are being raised over what principle, if any, guided these appointments. Critics point out that if seniority was the yardstick, none of the appointees — except Justice Aminuddin Khan, who has been elevated as chief justice of the FCC — is senior to members of the now-defunct Constitutional Bench (CB) of the Supreme Court, several of whom have been ignored. View this post on Instagram This, they argue, is done in contrast to the spirit of the 1996 Al-Jih...

Pakistan on Friday welcomed the Supplemental Award issued by the Court of Arbitration in the Indus Waters Treaty dispute, reaffirming Islamabad’s longstanding position that India cannot unilaterally suspend the treaty or limit the court’s jurisdiction.