Saturday, 29 July 2017

Three divorces in Pakistan Legal System

Three divorces in one tuhr are controversial in islam .. There are three kinds of divorces in islam.

1. Talaq e Ahsan .. Its a single divorce that ends up in complete divorce on the expiry of 90 days ..

2. Talaq e Hassan .. Its a single talaq in every tuhr that becomes divorce on completion of 90 days from first pronouncement ..

3. Talaq e mubarat .. Its divorce with consent of both parties ..

Talaq e bayn is the fourth kind of divorce in which the husband verbally pronounces 3 divorces in one tuhr.. Majority of fuqha don't accept this divorce .. However it was practiced in the era of Hazrat Umar Farooq RZA and is accepted by ahnaf for the same reasons ..

In Pakistani legal system talaq process is of three months no matter how many times divorce has been pronounced ..

Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880

Divorce during periods is divorce

Divorce during periods is divorce according to majority opinion .. According to minority opinion it is not divorce as a woman should be clean at the time of pronouncement of divorce according to their opinion.

Divorce is not a joke in islam. Even if divorce is given in joke, it is considered divorce. Even if some words are spokem in the meaning of divorce then it is equal to divorce. So we have to be very careful in relationships.

If single talak is pronounced during periods, it can b revoked through ruju after periods. If its pronounced twice during periods then it can also b revoked .. However if its pronounced three times then its talak e bayn and is not revokable according to minority opinion ..

A better option is to end relationship that has doubts in it rather than living in a relationship of zina .. For expert opinion on any related case you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880

Friday, 28 July 2017

Can Supreme Court of Pakistan Disqualify a Parliamentarian

The answer is yes. Because Supreme Court of Pakistan is the interpreter of all statutes including the constitution in Pakistan. Similarly the Supreme Court of Pakistan is the top most court of Pakistan. It has powers to hear appeals, references, revisions and it can take up any matter of public importance under the provisions of Article 184(3) of the constitution.

There is system of Bicameral Legislature in Pakistan. Parliament comprises of the Senate, National Assembly and the Provincial Assemblies. There have been number of cases in which the Supreme Court of Pakistan has disqualified the parliamentarians in recent decades.

Originally the jurisdiction to disqualify a member of parliament rests with the Election Commission of Pakistan. However, if a parliamentarian is involved in any offense by virtue of which he does not qualify to be a member of parliament under the provisions of Article 62 and 63 of the Constitution then Supreme Court can directly disqualify such member.

There is nothing binding on the Supreme Court of Pakistan while interpreting the constitution. An argument is that the Supreme Court of Pakistan is not a trial court and it cannot convict an accused. However, a counter argument to that can be that there is nothing written anywhere that Trial of accused is mandatory for convicting it, especially in cases of partial of complete confession.


Panama Case Verdict Disqualified Pakistani Prime Minister on Corruption Charges

Supreme Court of Pakistan in a land mark judgment has disqualified the Prime Minister of Pakistan on his involvement in corruption scandal which was highlighted by Panama Papers in 2016. The Prime Minister Mian Muhammad Nawaz Shareef, his two sons, daughter and his son in law were owning several offshore companies.

The Sharif Family made assets in different countries in recent decades of which they were unable to provide proper money trail. The Prime Minister and his family members faced criminal investigation before Joint Investigation Team which was earlier constituted on the orders of Supreme Court of Pakistan.

During the course of Investigation, the Joint Investigation Team was misguided by providing contradictory statements and documents by the Sharif Family. In addition to the corruption charges, the Sharif Family tried its level best to involve itself in the offenses of Forgery and Perjury both.

In the Judgment today, the Honorable Bench of Supreme Court of Pakistan disqualified the Prime Minister from his office as well as from the National Assembly of Pakistan. The orders so passed have been made with immediate effect.

Its a historical decision in Pakistani Legal System as well as in International Law whereby the Supreme Court has disqualified a Prime Minister on the charges of corruption.

Thursday, 27 July 2017

Constitution of Pakistan : Fundamental Rights

Chapter 1: Fundamental Rights

8Laws inconsistent with or in derogation of fundamental rights to be void.
(1)Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.
 
(2)The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.
 
(3)The provisions of this Article shall not apply to :-
(a)any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or
 13[
(b)any of the:-
(i)laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule;
(ii)other laws specified in Part I of the First Schedule;
] 13 and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.
 
(4)Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in  15[Part II of the First Schedule] 15 into conformity with the rights conferred by this Chapter:
Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months.
Explanation:- If in respect of any law  16[Majlis-e-Shoora (Parliament)] 16 is the appropriate Legislature, such resolution shall be a resolution of the National Assembly.
 
(5)The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.
 
 
9Security of person.
No person shall be deprived of life or liberty save in accordance with law.
 
10Safeguards as to arrest and detention
(1)No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
 
(2)Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in :custody beyond the said period without the authority of a magistrate.
 
(3)Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.
 
(4)No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding  17[three months] 17 unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of  18[three months] 18, unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.
Explanation-I: In this Article, "the appropriate Review Board" means:-
(i)in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court; and
(ii)in the case of a Person detained under a Provincial law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court.
Explanation-II: The opinion of a Review Board shall be expressed in terms of the views of the majority of its members.
 
(5)When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall,  19[within fifteen days] 19 from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:
Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.
 
(6)The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced.
 
(7)Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case:
Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy 20[or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity] 20.
 
(8)The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.
 
(9)Nothing in this Article shall apply to any person who for the time being is an enemy alien.
 
 
 21[
10A.Right to fair trial:
For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.
 
] 21
11Slavery, forced labour, etc. prohibited
(1)Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.
 
(2)All forms of forced labour and traffic in human beings are prohibited.
 
(3)No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.
 
(4)Nothing in this Article shall be deemed to affect compulsory service:-
(a)by any person undergoing punishment for an offence against any law; or
(b)required by any law for public purpose provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.
 
 
12Protection against retrospective punishment
(1)No law shall authorize the punishment of a person:-
(a)for an act or omission that was not punishable by law at the time of the act or omission; or
(b)for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.
 
(2)Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an offence.
 
 
13Protection against double punishment and self incrimination.
No person:-
(a)shall be prosecuted or punished for the same offence more than once; or
(b)shall, when accused of an offence, be compelled to be a witness against himself.
 
14Inviolability of dignity of man, etc.
(1)The dignity of man and, subject to law, the privacy of home, shall be inviolable.
 
(2)No person shall be subjected to torture for the purpose of extracting evidence.
 
 
15Freedom of movement, etc.
Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.
 
16Freedom of assembly.
Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.
 
 22[
17.Freedom of association:
(1)Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.
 
(2)Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the soverignty or integrity of Pakistan, the Federal Government shall, within fifeen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.
 
(3)Every political party shall account for the source of its funds in accordance with law.
 
 
] 22
18Freedom of trade, business or profession.
Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business:
Provided that nothing in this Article shall prevent:-
(a)the regulation of any trade or profession by a licensing system; or
(b)the regulation of trade, commerce or industry in the interest of free competition therein; or
(c)the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.
 
19Freedom of speech, etc.
Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court,  30[commission of] 30 or incitement to an offence.
 
 31[
19A.Right to information:
Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.
 
] 31
20Freedom to profess religion and to manage religious institutions.
Subject to law, public order and morality:-
(a)every citizen shall have the right to profess, practice and propagate his religion; and
(b)every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
 
21Safeguard against taxation for purposes of any particular religion.
No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.
 
22Safeguards as to educational institutions in respect of religion, etc.
(1)No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own.
 
(2)In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation.
 
(3)Subject to law:
(a)no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and
(b)no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.
 
(4)Nothing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens.
 
 
23Provision as to property.
Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.
 
24Protection of property rights.
(1)No person shall be compulsorily deprived of his property save in accordance with law.
 
(2)No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefore and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.
 
(3)Nothing in this Article shall affect the validity of :-
(a)any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or
(b)any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or
(c)any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law); or
(d)any law providing for the taking over of the management of any property by the State for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or
(e)any law providing for the acquisition of any class of property for the purpose of
(i)providing education and medical aid to all or any specified class of citizens or
(ii)providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or
(iii)providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves ; or
(f)any existing law or any law made in pursuance of Article 253.
 
(4)The adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any court.
 
 
25Equality of citizens.
(1)All citizens are equal before law and are entitled to equal protection of law.
 
(2)There shall be no discrimination on the basis of sex  32[] 32.
 
(3)Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
 
 
 33[
25A.Right to education:
The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.
 
] 33
26.Non-discrimination in respect of access to public places.
(1)In respect of access to places of public entertainment or resort not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth.
 
(2)Nothing in clause (1) shall prevent the State from making any special provision for women and children.
 
 
27.Safeguard against discrimination in services.
(1)No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth:
Provided that, for a period not exceeding  34[forty] 34 years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan:
Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex 36[:] 36
 37[Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament).] 37
 
(2)Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province. for a period not exceeding three years, prior to appointment under that Government or authority.
 
 
28Preservation of language, script and culture.
Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.
 

Wednesday, 26 July 2017

Procedure of Transfer of Case

Whenever a party loses confidence on the court or on the presiding officer of the court, it has the right to get its case decided by other judge. There are further two procedures that can be adopted for the transfer of case.

The party interested in the transfer of case can request the judge (presiding officer) of the court for the transfer of case. On that the judge can make a reference and send to its appellate court showing its reservation to hear that particular case.

The other procedure is that the aggrieved party can move an application for the transfer of case in the appellate court. On that the appellate court requires comment from the particular judge against which such application is moved.

Once comments are received and arguments of the parties are heard, the Judge of appellate court has descretionary powers to accept the transfer petition or not. However, a trend and a good practice is that the judges of appellate courts usually accept such like applications in the interest of justice and parties both.

For any query related to this post you can write at lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Advocate High Court
+92-333-5339880

Appearance of a Foreign National in Family Courts

According to the provisions of section 18 of the West Pakistan Family Courts Act, 1964 a pardanasheen lady can be represented through her attorney in the family courts in Pakistan. Definition of a Pardanasheen Lady is well interpreted by superior courts of Pakistan in some judgments in the following words that "every lady is deemed to be pardanasheen lady".

Hence it is true that the respect of women in Pakistani Legal System is too high. Further it is also well settled principle that the Family Court has to see the convenience of a woman while proceeding a family case. By virtue of the same generally women are accommodated well if they approach family courts in Pakistan.

As far as foreign nationals are concerned, they can appear through attorneys in the Family Courts in Pakistan. A practice is that in such like circumstances, there are objections raised by opponent parties regarding such appearances. Most of the times Power of Attorneys are objected and sometimes the question of jurisdiction is also raised to harass the person sitting abroad.

A better way in such like cases is that a foreign national facing any such like problem in the courts of Pakistan can visit Pakistan once and appear in the court to ratify the attorney as well as to address other objections in order to get the favorable results from court of law.

If you have any further query on this topic you can write at lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880

Monday, 24 July 2017

Powers of Supreme Court in Panama Case

The most famous case on Pakistani media these days in Panama case. The reason is that there are various petitions filed against the sitting PM of Pakistan Mian Muhammad Nawaz Sharif and his family members because of their alleged role in money laundering and ancillary matters as there names were mentioned in Panama Papers in 2016 regarding their ownerships of several offshore companies ..

Supreme Court of Pakistan has vast powers under the provisions of Article 184(3) of the constitution of Islamic Republic of Pakistan to take suo moto action on any matter of public interest. Panama Case is undoubtedly one such matter of public importance.

Supreme Court of Pakistan is not a trial court but it has more powers then all the trial courts of Pakistan. It has recently exercised its powers of criminal investigation against the involved persons through a Joint Investigation Team. It has powers to accept the findings of JIT which so investigated the case or it can reject it. Similarly it can partially accept or reject the JIT report.

Supreme Court of Pakistan can itself allege the PM and his family members for the offenses of perjury and forgery both and criminal trials on the same can be ordered in the Trial Courts. Similarly the Supreme Court can convict the PM on the bases of JIT report and can remove him from office forthwith.

Regards,
Salman Yousaf Khan (Golra)
Constitutional Lawyer
+92-333-5339880

NIFT Certificates are no more required

Recently there have been changes in the company registration law. The old legislation the Companies Ordinance has been repealed and replaced with newly approved legislation for the convenience of professionals registering the companies under Pakistani law.

The NIFT certificates which were requisite for the online registration of companies are no more required. The process has been simplified and the cost involved in the process has been reduced.

If you have any queries related with Pakistani Corporate Law, you can contact lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Corporate Lawyer
+92-333-5339880

Monday, 17 July 2017

Divorce Process is of three months in Pakistan

According to the provisions of section 7 and 8 of Muslim Family Laws Ordinance 1961 divorce process is of three months. When divorce is pronounced, the documents have to be submitted in the relevant Arbitration/Union Council.

After that notices are served. On the dates reconciliation proceedings are conducted. There are generally three reconciliation proceedings in a divorce case. Each reconciliation proceeding is conducted once a month.

On the failure of reconciliation proceedings and on the expiry of 90 days, divorce becomes final and finally certificate of divorce is issued by the same council.

If you have any queries related with divorce, you can contact at lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880

Contact International Lawyer

If you have any queries related with this post you can contact at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880