List of Cases (Umer Gilani)

LIST OF CASES (UMER GILANI)

A.    SUPREME COURT CASES
This is a representative but not exhaustive list of cases I intensively worked on during the three years that I clerked for the Supreme Court of Pakistan. My work included doing the legal research which fed into the opinions of Hon’ble Justice Jawwad S. Khawaja, drafting the judgments and translating them into Urdu once the Hon’ble Justice had finalized them:
1.      Hamid Mir and Absar Alam Haider vs. Federation of Pakistan. Constitution Petition 105/120 (PLD 2013 SC 244 and 2013 SCMR 1880)
(This was a case filed in 2012 by senior journalists and pursued by them in person.  I assisted the Hon’ble Supreme Court in handling this matter for over one year. During this period, I drafted a number of orders which involved interpretation of media laws in Pakistan including:
      (i)          order dated 20.12.2012 through which the Supreme Court restrained the then Acting Chairman PEMRA, Dr. Abdul Jabbar from acting as Chairman PEMRA;
     (ii)          order dated 15.01.2013 reported as PLD 2013 SC 244 through which the Supreme Court appointed a two-member Media Commission and assigned it the task of examining important questions of media law;
   (iii)          order dated 08.07.2013 reported as 2013 SCMR 1880 through which the Supreme Court subjected intelligence agencies to audit by Auditor General of Pakistan

2.      Baz Muhammad Khan Kar and Other v. Federation of Pakistan (PLD 2012 SC 923)
In this case, the Supreme Court struck down the Contempt of Court Act, 2012. In his additional note, Justice Jawwad S. Khawaja elaborated the critical distinction between disobedience contempt and scandalization and emphasized the need to be strict about the former and liberal about the latter.

3.      Wattan Party v. Federation of Pakistan (PLD 2011 SC 997)
This is the petition otherwise known as the “Memogate” case. The additional note authored by Hon’ble Justice Jawwad  S. Khawaja was the first Supreme Court decision in which reliance was upon the newly introduced fundament right to information (Article 19A) and its significance for democracy expounded.
4.      Iqbal Zaffar Jhagra v. Federation of Pakistan and Others (PLD 2013 SC 224)

The Court interpreted Section 21 of the OGRA Ordinance which states the regulator “…shall comply with the policy guidelines [issued by the Federal Government]…” Expanding the scope of regulatory independence, the Court held that the while the regulator is “required to keep policy guidelines of the Federal Government in its consideration and decision-making process, it is not … bound by the same.”

5.      Ashraf Tiwana v. Federation of Pakistan (2013 SCMR 836)
The Court emphasized the need for strengthening regulatory independence by setting aside a no-fault termination policy. The appointment of SECP Chairman was also struck down as illegal.

6.      Muhammad Yasin v. Federation of Pakistan (PLD 2012 SC 132)
This was an appeal to the Supreme Court from a quo warranto petition challenging the appointment of Chairman OGRA. The Supreme Court not only struck down the Chairman’s appointment but specifically laid down a three-prong test for judicial review of appointments to statutory offices.

7.      Munir Hussain Bhatti vs. Federation of Pakistan (PLD 2011 SC 407)
This was the first Supreme Court case which required interpretation of Article 175A of the Constitution, the provision which defines the appointment process of the superior judiciary.

8.      Federation of Pakistan v. Munir Hussain Bhatti (PLD 2011 SC 752)
Review of the above-mentioned judgment.

9.      Syed Yousaf Raza Gillani, Prime Minister v. Assistant Registrar, Supreme Court (PLD 2011 SC 680)
Intra-court Appeal of accused Prime Minister Gilani against framing of charges for contempt of court against him.

1.   Muhammad Azhar Siddique v. Federation of Pakistan (PLD 2012 SC 660)
Disqualifying Prime Minister of Pakistan Yousaf Raza Gilani for contempt of court.

1.   Province of Sindh v. Rasheed A. Rizvi and Others (PLD 2012 SC 649)
The Supreme Court interpreted Article 175 of the Constitution and held that appointments to the Sindh Judicial Service could only be made by the High Court of Sindh and not the Sindh Public Service Commission.

1.   Malik Riaz v. Arsalan Iftikhar and Others. Suo Moto Case No. 05/2012 (PLD 2012 SC 664)

1.   Syed Mehmood Akhtar Naqvi v. Federation of Pakistan
The Supreme Court declared dual nationals ineligible for holding parliamentary office and de-seated a number of Senators and MNAs.


B.    HIGH COURTS CASES
Here is a representative but not exhaustive list of cases in which I have represented or am representing clients before the Islamabad High Court:

1.      Abdul Shakoor v. Islamabad Transport Authority and Others
The Petitioner, a taxi driver sought directions against ITA, PTA and Chief Commissioner obligating them to decide the complaints against Uber and Careem with 30 days. Petitioner was granted within three weeks of filing.

2.      Masooma Hassan v. PTA and Others; Waqqar Ahmad v. PTA and Others; Ahmad Raza v. PTA and Others; Muhammad Zohaib v. PTA and Others (pending)

The Petitioners whom I represent have challenged the practice of network shutdowns on the basis of Section 54 of the Pakistan Telecommunications (Reorganization) Act, 1996.

3.      Ahmad Raza v. FBR (pending)
The case involves challenges to the imposition of customs duty and sales tax on courier services. Requires interpretation of the Customs Act and Sales Tax Act.

4.      Mahera Sajid v. SHO and Others (pending)
This is a habeus corpus petition filed on behalf of a Islamabad resident who became victing of enforced disappearance on 14th March, 2016. Justice Ather Minallah has passed a series of significant orders which have a bearing on the whole Missing Persons’ issue.

5.      Saeed Abdi v. NADRA and Others(pending)
The Petitioner is a Pakistani-born person whose parents were Somali refugees. Under S. 4 of the Pakistan Citizenship Act, 1951, he is entitled to Pakistani citizenship but state authorities refuse to implement this provision.

6.      Mumtaz Anwar Abbasi v. SHO and Others (co-counsel)
This was a habeus petition in which I was co-counsel. The detenu, an Islamabad-based lawyer who had allegedly been abducted by secret services was successfully recovered because of the stern orders by Islamabad High Court.

C.    CASES BEFORE QUASI-JUDICIAL FORUMS

1.      Mian Omar Taj v. Geo and Aaj. Complaint dated 28th February, 2011 before the Council of Complaints, Islamabad
Successfully represented a citizen-complainant before the Council of Complaints Islamabad in a compliant against TV advertisement content. The Complaint was filed on Monday, 28th February, 2011 and heard by the Council in it 9th Meeting held on 9th March, 2011. I had opportunity to present arguments on jurisdictional as well as legal points. Complaint was accepted.

2.      Islamabad-Rawalpindi Taxi Drivers Welfare Association v. Careem and Uber. Complaint before the Islamabad Transport Authority (pending)
Representing the taxi drivers union in their case against app-based taxi services which are by-passing the regulatory requirements laid down in Motor Vehicles Ordinance, 1965 and Motor Vehicles Rules, 1969.

3.      Islamabad-Rawalpindi Taxi Drivers Welfare Association v. Careem and Uber. Complaint before the Pakistan Telecom Authority (pending)
Representing the taxi drivers union who contend that those app-based taxi services who are ochestrating violation of the Motor Vehicles Ordinance, 1965 and rules framed there under are liable to be blocked under Pakistan Electronic Crimes Act, 2016.

D.   CASES BEFORE TRIBUNALS
1.      DHL v. Nauman Anwar Butt
Successfully represented the courier company DHL. The tribunal upheld an order of the Competition Commission of Pakistan against persons who were committing deceptive marketing using DHL’s trademark.

Successfully defended PEC in a case involving non-licensed engineering colleges.

3.      Pakistan Engineering Council v. Competition Commission of Pakistan (pending)
Representing PEC in its appeal against an Order of CCP imposing a fine of Rs. 3 crore upon PEC.

E.    CASES BEFORE TRIAL COURTS AND ARBITRAL FORUMS

Successfully defended the accused in a murder trial before an Additional Sessions Judge and won acquittal within 1 year of filing of challan.

Successfully defended fruit-vendors falsely accused of terrorism. Successfully moved for quashment of terrorism changes under S. 23 of the Anti-Terrorism Act, 1997.

Successfully filed an application for summary dismissal of charges (265-K, Cr.PC) for the above-mentioned accused and won acquittal.

4.      Azfar Hasnain v. Namoos Zaheer, Civil Court, Islamabad (pending)
Representing plaintiff in a suit for recovery damages

5.      Zohaib Sajjad v. Shlumberger, Civil Court, Islamabad (pending)
Representing plaintiff in a suit for permanent injunction and declaration and damages

6.      Bismah Adam Khan and Others v. Amil, Family Court, Islamabad
Successfully represented a divorced woman in her claim for maintenance for her children and mediated a settlement between the parties.

7.      Riffat Akbar v. Bismah Adam, Civil Court, Islamabad
Successfully represented the defendant in a suit for recovery and mediated a settlement between the parties.

8.      National Radio and Telecommunication Company v. Pakistan Engineering Council. Court-Appointed Arbitral Tribunal (pending)
Representing PEC in a court-appointed arbitration against NRTC which is claiming damages of over Rs. 3 crore for violation of contract.

9.      X (concealed) v. International School of Islamabad, Federal Ombudsman for Sexual Harassment (Complaint No. 1(376)/2017-FOS)
Advised the Inquiry Committee of International School of Islamabad in conducting a proper trial of senior employees accused of sexual harassment under S. 3 of the Protection of Women from Harassment as the Workplace Act, 2012 and represented Inquiry Committee before the Ombudsman.