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Express Tribune
24-07-2025
- Politics
- Express Tribune
IHC judge defies bench on appeals transfer
Listen to article Another dispute has erupted in the Islamabad High Court (IHC) as Justice Sardar Ejaz Ishaq has declined to accept the order of a two-judge bench to transfer civil appeals, pending in the high court for adjudication, to the district judiciary, and refusing to transfer the appeals in his docket. The division bench, comprising Justice Azam Khan and Justice Inam Amin Minhas, had ordered the transfer of 1,594 civil appeals to the district judiciary following the Civil Courts Amendment Act 2025 that redefines the appellate jurisdiction in civil matters. Justice Ishaq termed the bench's judicial order illegal. "I come to the rather embarrassing conclusion that the decision of the Division Bench in Civil Reference no 1/2025 was coram non judice, per incuriam, and an exercise of administrative authority cloaked as a judicial decision", he said in an order. Justice Ishaq said that the division bench's order violated the Article 175 (2) of the Constitution. He wondered why it did not occur to the judges of the bench or to the bar representatives that the parties might have to pay additional fees to the lawyers for hearings of appeals in district courts. "Had the interest of the litigants genuinely mattered to the Office, to the Division Bench, and to the Bars representatives, they could easily have interpreted. IHC judge defies bench on appeals transfer the amendment prospectively", said the order passed by Justice Ishaq. The judge further said that when the legislatures made such an express command for transfer – coupled with conferral of exclusive jurisdiction then it must be followed, "but when it stops short and simply changes the jurisdictional forum without specifying exclusive jurisdiction to a forum, then it follows inexorably from the presumption that the Legislature is presumed to be aware of all the laws that the Legislature intended to leave it to the Courts to apply the precedent law to decide the fate of pending cases, and the preponderance of precedent", the order said. "I say with a heavy heart that the Office, my learned brothers, as well as the Bars representatives, have not cared a bit about the plight of the litigants before the High Court, the utter inconvenience they will suffer by a de novo hearing of their appeals by the District Courts, the additional financial burden they will have to bear by paying fresh fees to the counsels for cases that have been, in most part, substantially argued before the High Court and, above all, they did not care in the least about the much higher pendency before the Judges in the District Courts, who also conduct civil and criminal trials, and with unrivalled nonchalance preferred to off-load the High Court's burden on them," it continued. "I feel sympathy for the Judges in the District Courts, who in all likelihood would wonder why could the eleven Judges of the High Court not girdle their belts to decide 1,594 appeals instead of offloading them to an almost equal number of Additional District Judges who are much, much more burdened with work then we are". The court also ordered the office to circulate the copy of this order to all the judges for their information and, should any of them agree with me, then for them to consider saying so in a written communique to the Chief Justice". "Further, the Office will also send a copy of this order to the Islamabad Bar Council and to the two Bar Associations for circulation amongst the members of the Bars", the order said. The hearing of case was adjourned until last week of September.


Business Recorder
05-07-2025
- Politics
- Business Recorder
Civil appeals: Justice Ejaz questions IHC DB ruling
ISLAMABAD: Justice Ejaz Ishaq Khan, a judge of the Islamabad High Court (IHC) raised questions over the decision of a IHC division bench order that after the Civil Courts (Amendment) Act, 2025, now the district judges would hear the civil appeals instead of the High Court. A division bench of IHC comprising Justice Muhammad Azam Khan and Justice Inaam Amin Minhas had declared it in a civil reference titled, 'The Civil Courts (Amendment) Act, 2025 and Transfer of Appeals from Islamabad High Court to District Judges (East) & (West), Islamabad, in pursuance thereof.' During the hearing, Justice Ishaq summoned the additional registrar and remarked that a bench of two junior judges was formed and all cases were sent back to the district courts. He added that this decision should have been made in a full court meeting to determine whether the cases were to be heard by the High Court or sent to the district courts. Justice Ishaq maintained that even the opinions of the judges hearing the appeals were not sought. He remarked that the cases have been heard for four years, many were 80 per cent completed and now they have been abruptly sent to the district courts by the judges who had joined the IHC three months ago. He further said that now, the district courts will start rehearing the cases, which will cause difficulties for the litigants and they will have to pay fees again. In this matter, the IHC Office moved the instant reference and attached a list of cases pertaining to Regular First Appeals filed against the decrees or orders passed by learned Civil Judges working under the administrative control of the IHC. The list contained 1594 RFAs, which is stated to be tentative. The questions formulated in the reference were included whether amendment made in Section 18 is a matter of procedure and had retrospective effect? and whether High Court can transfer pending appeals to the District Judges on its own motion without notice to the parties to the list?. Justice Azam, who authored the judgment, said that the power of High Court delegated under Section 24, CPC, is further fortified in the judgment passed in Khan Muhammad and others Vs Ishtiaq Hussain reported as 1987 SCMR 1482. Copyright Business Recorder, 2025


Indian Express
19-06-2025
- Indian Express
Alleged cow smuggler killed, another injured in shootout with Rajasthan police
An alleged cow smuggler was killed while another was injured in a shootout with police in Rajasthan's Deeg district Wednesday afternoon, officials said. While Hasam alias Kada was injured, his son Ishaq alias Asif died from his injuries during the shootout with police. Deeg Superintendent of Police Rajesh Kumar Meena told The Indian Express that the incident took place around 12-1 pm. He said that the police received a tip off about Hasam and his son – both native of Kanwari village in Deeg — and Qasam and Saddam of Ghatmika, all of whom are wanted by the police. He said that there was information about a truck too – allegedly transporting cattle illegally – though it was not found. The SP said that all four are history-sheeters and 'three of them – Hasam, Qasam and Saddam – had a reward on their head and all of them have at least 15 police cases against them, including for cattle smuggling, Arms Act, etc.' Hasam, who had a reward of Rs 45,000 on his head, also has a murder case against him. Meena said that when police traced them, all four, who were on two motorcycles, started firing at the police. In the shootout that took place at Pahari police station limits, while Hasam and his son Ishaq were injured, the other two managed to escape towards Haryana. 'The two injured were taken to Pahari and then to Bharatpur where one was declared dead,' the SP said. 'Two-three' police personnel also sustained bullets on their bulletproof jackets, while the police vehicle was also hit by bullets, he said, adding that the police was prepared since the smugglers are notorious and known for firing at police. The police also recovered two weapons and ammunition from the spot and the Forensic Science Laboratory (FSL) is also investigating the case, he said.


Time of India
24-05-2025
- Time of India
Four involved in four burglary cases held, stolen goods worth Rs 75 lakh recovered
I Tired of too many ads? go ad free now ndore: Rajendra Nagar police arrested four persons involved in four high-profile burglary cases and recovered stolen goods worth approximately Rs 75 lakh from them on Friday. DCP Vinod Meena said that the arrests and recoveries were made after investigation was launched into the four burglaries reported between April 29 and May 6 across various residences in Shivalay Bijalpur, Haidari Park Colony and Nihalpuri Mundi. Meena said that one of the arrested persons Ishaq, 45, has five cases of theft and others registered against him at Rajendra Nagar police station. Ishaq was also absconding for three years in a robbery case registered at Badnagar police station in Ujjain. The other accused Shailendra Solanki, 45, a resident of Lasudia, has four cases registered against him in Rajendra Nagar, Indore, and Dewas. The third, Vikas alias Bunty Meena, 31, has 14 cases of theft, housebreaking, robbery, and others registered against him in Rajendra Nagar, Sehore, Sujalpur, Bhopal, Shajapur, Vidisha, and other districts while Sanjay alias Hydra Malviya, 23, also has five cases in Dewas and Rajendra Nagar police stations. The recovered items include around 200 gram gold and five kg silver jewellery, seven luxury watches—two of which are of a high-value brand—and over five kg antique coins and heirloom items believed to be 75 to 80 years old. Police also recovered Rs 3.13 lakh in cash, a stolen motorcycle, an SUV and tools such as cutters, pliers, hooks, screwdrivers, and other equipment used in the crimes. The DCP said that a special team was formed that used informants and technical surveillance to track the suspects. Tired of too many ads? go ad free now He said that the burglars would first conduct reconnaissance in residential areas to identify secluded and unoccupied houses. Once a target house was selected, they would choose a method of entry based on the structure of the house, such as scaling outer pipes to access rooftops, breaking skylights, and forcing door locks. They avoided carrying mobile phones during the crimes to prevent tracking and fled to other states after selling off the stolen items. They would fix a specific time for the burglary, based on the area and execute the theft in a well-planned manner, stealing gold and silver jewellery along with cash. ACP Rubina Mizwani said that crucial intelligence revealed that the accused were attempting to sell the stolen goods from a white, unregistered SUV in Indore area. Acting on this information, police intercepted the vehicle near Kundan Nagar Main Road. After a brief chase extending five kilometres, the police blocked the suspects' path and apprehended them. Their interrogation led to the recovery of all stolen goods. The accused were taken into custody and will be presented in the court on Saturday.


Zawya
06-05-2025
- Business
- Zawya
Oman: OCCI eyes retail revival through events, investment push
Muscat – The Trade and Retail Committee of Oman Chamber of Commerce and Industry (OCCI) has outlined a series of initiatives aimed at revitalising the retail sector and stimulating business activity. At a meeting chaired by Hassan bin Jamea al Ishaq on Sunday, committee members reviewed plans to launch a specialised study in collaboration with a professional consultancy. The study will examine the root causes behind weak market activity and recommend practical measures to improve commercial performance across sectors. The committee discussed plans for a series of sector-focused seminars targeting key areas of retail, including malls, traditional markets, clothing, jewellery, furniture, perfumes and cosmetics. A proposal to develop a comprehensive national calendar of events and trade exhibitions was highlighted as a means to support retail growth. 'We are working to launch strategic initiatives that enhance the efficiency and competitiveness of the retail sector in line with market and consumer expectations,' Ishaq said. 'Our approach is rooted in strong public-private partnerships and we are addressing ongoing sector challenges – such as electricity tariffs, direct import support for local companies and incentives to attract new investors.' The committee is also working on regulatory improvements for e-commerce to better serve both businesses and consumers. A key proposal discussed was hosting the Middle East Retail Expo in Oman. 'Such an event would elevate Oman's profile as a regional trading hub and strengthen ties between international investors and local businesses,' Ishaq said. © Apex Press and Publishing Provided by SyndiGate Media Inc. (