Mental torture must be taken into account in domestic cases: SC

The Supreme Court has held that in a case of the dissolution of a marriage on the grounds of cruelty, the intensity and ruthlessness of the acts must be taken into account. It added a court must examine whether the conduct complained was not merely a trivial issue, which might happen in a day-to-day married life, but of a nature, which no reasonable person could endure. The SC also noted that while claiming conjugal rights by a husband in response to the suit for the dissolution of marriage i.e. dowry and maintenance, it was also a responsibility of the court to see whether or not he was sincerely fulfilling his obligations towards his wife. "The cruelty alleged may be mental or physical, premeditated or unpremeditated, but lack of intent does not make any distinction,” read a 12-page judgment authored by Justice Muhammad Ali Mazhar while setting aside a Peshwar High Court’s judgment. The PHC verdict maintained the appellate court's order wherein the dissolution of the marriage on the account of cruelty was converted into a Khula (a form of divorce initiated by the wife, which is effected by the return of her husband's wedding gift) with directions to the petitioner Tayyeba Ambareen to refund the dowry to her ex-spouse, respondent No 1. After eight years, a three-judge bench of the apex court, led by Justice Sardar Tariq Masood, has maintained the family court's order in the petitioner’s favour. Read more: Where Pakistan's domestic violence law fails “Obviously, if it is a physical act then it would be a question of fact, and in the event of mental cruelty, an inquiry is required to be made as to the nature of the cruel treatment to find out the impact or repercussions thereof on the mind of the spouse,” the SC verdict read. “Mental cruelty can be largely delineated as a course of conduct which perpetrates mental pain with such a severity and harshness which would render it impossible for that party to continue the matrimonial tie or to live together,” it added. The SC noted that a matrimonial relationship was based on a mutual trust between a wife and husband with emotions and it obliged reciprocal respect, love and affection for evenhanded adjustments with the spouse without causing a sense of anguish and disappointment. Justice Muhammad Ali Mazhar also wrote that the matrimonial bond between a man and woman was a pious relationship, which played an important part and also nurtured between the husband and wife happiness and compassion. He added that the lineage and family heredity also depended on it. "Connubial affairs are based on gentle, human and emotional affiliation which requires mutual trust, regard, respect, love and affection with adjustments with the spouse, and the relationship should also be in accordance with social norms,” the judge noted in his verdict. "According to the injunctions of Islam, the husband is obligated and responsible to provide food, clothing, accommodation and all the other necessities of life to the best of his capability and capacity,” he added. The court noted that a man was expected to treat his wife nicely, with love and affection. The judgment further observed that the appellate court had seriously erred in reversing the judgment of the family court, which was founded on the careful exploration and analysis of the concept in connection with mental cruelty, which had resulted in an irretrievable marriage breakdown. “[The marriage] could not be preserved due to various instances of cruel behaviour of the respondent No 1 [husband] that developed severe hatred and aversion in the mind of petitioner No 1 [wife] and she totally refused to continue this reluctant relationship any more,” the SC verdict read. The SC also observed that the judgment of the trial court also reflected that the husband had filed a claim for the restitution of conjugal rights, hence the family court settled various issues in order to resolve the controversy. However, it noted that issue No 7 -- related to the claim of dissolution of marriage on the ground of cruelty --  and issue No 8 -- the claim of restitution of conjugal rights – were rejected. The judgment read that while claiming conjugal rights by a husband in response to the suit for the dissolution of marriage, dower, dowry and maintenance, it was also an “onerous” responsibility of the court to see whether or not he was sincerely fulfilling his obligations towards his wife, rather than gratifying the urges of “male chauvinism”. "The lodging of this claim should not be used as [a] weapon to defend or obstruct the claim of dower or maintenance allowance, but must be lodged in good faith and with a bona fide intention to reconcile and rectify the issues between the spouses in order to save the matrimonial tie with magnanimity, kindness and through the fulfillment of the husband’s obligations and not as a tool to fight out or frustrate the claim of maintenance allowance or dower amount,” the verdict read. "It is quite a strange situation that the petitioner No 1 (wife) approached the family court for [the] dissolution of marriage on the ground of cruelty but the respondent No 1 (husband), quite the reverse, claimed conjugal rights despite all his ruthless, tyrannical and oppressive conduct or behaviour, which claim on the face of it seems to be motivated with the sole intention to avoid paying the maintenance allowance and the dower amount and he ultimately succeeded in his effort in the appellate court whereby the dissolution of the marriage on account of cruelty was converted into a dissolution of the marriage by way of Khula with directions to the petitioner No 1 to refund the dower amount to the respondent No 1,” it added. The court also noted that the judgment of the family court depicted various acts which according to the wife caused mental anguish and torture i.e. that around one week of the marriage, the behaviour of the husband started to change and he was pressuring the petitioner to arrange money to acquire a house on rent. “When the petitioner No 1 [wife] was in a family way, the respondent No 1 [husband] and his family members started spreading a false accusation that the petitioner No 2 was not the child of the respondent No 1  which further worsened the situation and the petitioner No.1 suffered severe  mental agony,” the verdict stated. “The respondent No 1 [husband] instead of supporting the petitioner No 1 [wife], left her deserted in the house at a crucial time when she was in a family way; he neither turned towards her, nor paid any maintenance allowance, nor the delivery expenses which were also borne by the petitioner No 1; the respondent No 1 and his family members also imposed a harsh condition that the petitioner No 1 should deposit her salary into a joint account with the respondent No 1, and if she wants money for personal use, she should ask for the permission of her husband and his family members; despite filing the family suit, the respondent No 1’s behaviour did not change and he started causing more mental anguish and started leveling false accusations against the petitioner No 1 amongst relatives and one more unreasonable condition was imposed that the amount for the house purchased by the petitioner No 1 should be reimbursed to her by her father and the money should be paid to the respondent No 1,” the SC noted. "What we have noted is that the learned appellate court, instead of considering the evidence led by the petitioner No 1, reached a conclusion without any rhyme or reason that no solid piece of evidence was brought which could show either physical torture or mental agony and on its own motion, while disregarding the evidence, held that the allegation of the petitioner No 1 seems to be based on exaggeration and even at one point, while quoting some piece of evidence in which the petitioner No 1 alleged that even prior to marriage, she was earning a salary six times greater than the respondent No 1’s, the appellate court dubbed the petitioner No 1 as arrogant and, while considering the acts of cruelty, the appellate court observed that they are common in nature and are found in every family in day to day affairs and with these erroneous findings, the appellate court converted the decree of dissolution of marriage into a decree for dissolution of marriage by way of Khula with further directions to petitioner No 1 to return 5 tolas (58.5 grams) of gold or its market value,” the judgment read. "In the same breath, the learned high court, without considering the evidence led in the family court, maintained the judgment of the appellate court without correctly analysing the concept of mental cruelty,” it added.

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Moot calls for finding solutions to climate crisis

In collaboration with the US Department of State and the Humphrey Alumni Association of Pakistan (HAAP), the United States Educational Foundation in Pakistan (USEFP) organised the 4th Annual Humphrey Alumni Conference in Islamabad. Titled “Combating Climate Change: Finding a Broad-Based Remedy for the Future” the conference aims at finding multidisciplinary solutions to the climate crisis and devise strategies to address catastrophic floods in Pakistan. Around 90 alumni from across Pakistan attended the conference and discussed global climate policies, adaptation plans, and risk reduction for developing countries, including Pakistan. Deputy Assistant Secretary of State for Academic Programs for the Bureau of Educational and Cultural Affairs (ECA) Ethan Rosenzweig met the participants and appreciated their efforts in bringing knowledge and skills back to Pakistan to fight the global challenge. Fellows discussed approaches to the climate crisis through the lens of education, community resilience, public health, sustainable agriculture and more. Published in The Express Tribune, December 21st, 2022.

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13 Lasbela cylinder blast victims die

Thirteen victims, including Rangers and Pakistan Army personnel, of a gas cylinder explosion in Balochistan’s Lasbela area succumbed to their injuries while receiving treatment at the Burns Ward of Dr Ruth KM Pfau and Jinnah Postgraduate Medical Centre (JPMC). As per details, the Edhi ambulances transported 26 victims of the cylinder explosion at Lasbela’s Mini Bazaar to Dr Ruth KM Pfau and JPMC in Karachi. Eleven of the victims succumbed to their injuries during treatment at the burns ward. According to the Edhi officials, those who died during treatment included 30-year-old Manzoor, 27-year-old Barkat Ameen, 23-year-old Muhammad Younis, 23-year-old Zahoor, 35-year-old Haji and 45-year-old Ghulam Sarwar. On the other hand, 30-year-old Rangers officer Manzoor and 27-year-old Pakistan Army soldier Barkat Ali died during treatment at the JPMC. The bodies of the deceased were moved to the Edhi mortuary at Moosa Line. The bodies will be shifted to the Lasbela area of Balochistan. Lasbela Deputy Commissioner Murad Kasi said the death toll rose to 13 after two more victims succumbed to their injuries Tuesday night. According to Kasi, four were in critical condition. “The blast occurred inside a shop and then its flames engulfed a bread shop and other shops located nearby.” According to the locals, a loud explosion was heard far and wide causing panic in the area. The deputy commissioner has ordered an inquiry into the blast.

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Another showdown looms in Punjab

Punjab on Tuesday headed for a political showdown, as the federal government insisted that Chief Minister Pervaiz Elahi would “cease to hold” office if he failed to get a vote of confidence from the provincial assembly by 4pm on Wednesday (today), while Speaker Sibtain Khan disposed of the governor’s order to the chief minister for the vote as “unconstitutional”. Speaking after an important meeting at the Governor House, following the ruling of the Punjab Assembly Speaker, Interior Minister Rana Sanaullah said that if Chaudhry Pervaiz Elahi did not get the vote of confidence, the governor could summon another assembly session for the election of the new chief minister. On Monday, Governor Balighur Rehman directed the Punjab chief minister to seek a vote of confidence on December 21 (today). The governor’s direction came after the opposition Pakistan Peoples Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N) filed no-confidence motion against Elahi in a bid to forestall the dissolution of the provincial assembly on Friday. On Tuesday, Speaker Sibtain Khan, who was chairing the Punjab Assembly session, adjourned the sitting until Friday, instead of Wednesday (today) as directed by the governor. The speaker said that the governor’s letter, asking the chief minister to seek a vote of confidence, was against the assembly rules as well as the Constitution. The speaker ruled that the governor’s order to the chief minister was “unconstitutional because the assembly was already in session and unless the current session was prorogued, the governor could not summon a fresh session”. “The provincial assembly of the Punjab is already in the session having been summoned by the speaker on a requisition by the members of the assembly on 23rd October …” the ruling said. “Until and unless the current session is prorogued the governor cannot summon any fresh session,” it added. After the ruling, an important meeting was held at Governor House, which was attended by senior PML-N leaders, including Interior Minister Rana Sanaullah. The meeting reviewed the situation arising after the speaker’s refusal to entertain the governor’s order for vote of confidence. “If [the] CM Punjab does not seek a vote of confidence by 4pm Wednesday, he will cease to remain the CM,” the minister told reporters outside the Governor House. “If [the] CM does not seek vote of confidence by the given time, the governor can summon a session to elect a new CM,” he added. Rana further said the speaker’s position was against the law and the Constitution. He stressed that as per law, the governor could summon the assembly session at his will and ask the chief minister to seek vote of confidence from the house. However, talking to The Express Tribune the speaker reiterated his stance that the governor’s order to the chief minister was doubtful “in the eye of the Constitution as well as the assembly rules”. When asked what would be the next move, the speaker replied, “you will hear good news”. The latest situation emerged in the wake of Imran Khan’s announcement last week, setting the date of December 23 for the dissolution of the two assemblies in order to force the coalition government to call early general elections in the country. Imran had said that the dissolution of the two provincial assemblies, along with the resignation of the PTI lawmakers in Sindh and Balochistan assemblies, as well as the National Assembly would trigger new provincial elections and by-polls in nearly two-thirds of total constituencies of the country. To prevent such a scenario, the ruling coalition, which mainly comprised the Pakistan Democratic Movement (PDM) parties, have stepped up their efforts. On Monday, the PPP and the PML-N – two major parties in the alliance – filed a no-confidence motion against the chief minister. Rana Sanaullah, while referring to Imran’s announcement of the dissolution of the provincial assemblies of Punjab and Khyber-Pakhtunkhwa on December 23 (Friday), said that “one mad man is hell bent on destroying our system”, even his party and provincial governments. “In case the CM [Elahi] seeks the vote of confidence and wins, then he should promise that he would not dissolve the assembly on the orders of a ‘mad man’,” the minister said. “There is a consensus among the nation and the institutions that he [Imran] must be stopped before he leads the country to a disaster.” The PTI, which is the mainstay of Elahi’s majority in the house, is determined to thwart the opposition. “The PML-N is hiding behind the delaying tactics because its lawmakers are fully aware that they are not in a position to face the public [in elections],” provincial minister Raja Basharat told The Express Tribune. Basharat, the Punjab minister for parliamentary affairs, insisted that governor’s letter for the vote of confidence “is tantamount to make mockery of the Constitution”. The minister stressed that governor’s letter to the chief minister had no legal value. When asked the same question of Rana Muhammad Iqbal Khan, a senior PML-N leader and former two times provincial speaker, said that the governor did everything in accordance with the law. When asked further if the matter could land in courts, he said there was a possibility. Special Assistant to Prime Minister on Legal Affairs Atta Tarar said that the federal government would use all legal options against the speaker’s ruling. “It completely illegal for the speaker not to entertain the governor orders for vote of vote of confidence.” When pointed out that the speaker had cited a legal precedence and gave his reasons for turning down this order, Tarar said the position the speaker took was completely illegal. Technically, he added, Elahi would cease to remain a lawful chief minister, “if he does not seek vote of confidence on the day specified by the governor”. When asked they had sufficient numbers to oust the chief minister through the opposition’s no-confidence motion, Tarar said that the PDM did not need the numbers, because now, the chief minister would “have to seek the vote of confidence to prove his majority”. Meanwhile, PPP Co-Chairman Asif Zardari visited the PML-Quaid President Chaudary Shujaat Hussain for a second time in three days, to discuss the latest political situation in Punjab. PML-Q leaders Chaudary Salik Hussain and Tariq Bashir Chema and PPP leader Nasir Hussain Shah also attended the meeting. A press statement issued after meeting, said that PML-N leader Malik Muhammad Ahmad Khan briefed the leaders of the two parties about the ongoing political situation in Punjab. “The PDM will have its own chief minister in Punjab soon, said the statement. The Malik Muhammad Ahmad Khan presence at the meeting stoked the talk that he could be the PDM’s choice for the Punjab chief minister after Elahi was removed through the no-confidence vote. However, responding to a media query, he said: “I’m fighting for Hamza Shehbaz, not for myself.”

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Can PA speaker declare governor’s order unconstitutional?

A debate has triggered whether or not Punjab Assembly Speaker Muhammad Sibtain Khan could declare the governor’s order to Chief Minister Parvez Elahi, a PML-Q stalwart, to take a vote of confidence as unconstitutional. A senior law officer told The Express Tribune that he believed it was defiance of the Constitution by the PA speaker to declare the governor’s requisition as unconstitutional. He added that if the ruling would be challenged in the superior courts, its fate would be similar to that of then-National Assembly deputy speaker Qasim Suri -- declared unconstitutional by the apex court. The lawyer, however, said the PA speaker should take up the issue which came in his secretariat first – the opposition’s resolution for holding a vote of no-confidence against the chief minister. Senior lawyers have urged the opposition in the Punjab Assembly to challenge its speaker's ruling in the superior courts. Although matters could be taken up before the Lahore High Court, but former PA deputy speaker Dost Mazari’s ruling was challenged in the Supreme Court, which declared it unconstitutional. A senior PTI lawyer has expressed his surprise as to how the PA speaker could declare the governor's order as unconstitutional. He pointed out that the last para of the ruling gave a good opportunity to the opposition to challenge it in a court. One section within the PTI doubts that it was a deliberate move by a provincial minister, who has a soft corner for CM Elahi, and they want to delay the dissolution of the assembly against the wishes of party chairman Imran Khan. PTI Senator Ali Zafar, who is a legal expert, said according to the Constitution, there was a timeframe to complete the process for holding a vote of no-confidence against the chief minister. On the other hand, there was no timeframe in the Constitution to hold a vote of confidence for the CM as per the governor's directives, he noted. “My opinion is that the PA speaker should take up the vote of no-confidence resolution submitted by the opposition in the provincial assembly first,” Zafar added. He, however, did not comment on the last para of the ruling wherein the governor’s order was declared unconstitutional. Another senior lawyer said the dissolution of the Punjab Assembly could be averted through political means rather than legal ones. Senior lawyer Hafiz Ahsaan Ahmad Khokhar said in the present case, the governor and the opposition members of the Punjab Assembly had simultaneously invoked Article 130(7) and 136 of the Constitution against the chief minister. He added that as per Article 107 of the Constitution, a provincial assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting. In addition to that, it shall stand dissolved at the expiration of its term. “Under Article 112 (1) of the Constitution, the governor is bound and has no legal choice except to dissolve the provincial assembly if so advised by the chief minister,” he observed. “The provincial assembly shall, unless sooner dissolved, stand dissolved at the expiration of 48 hours after the chief minister has so advised,” Khokhar explained. The senior lawyer said the chief minister shall hold office during the pleasure of the governor under Article 130(7) of the Constitution. However, he added that the governor shall not exercise his powers under this clause unless he was satisfied that the chief minister did not command the confidence of the majority of the members of the provincial assembly. “In that case, he [governor] shall summon the provincial assembly and require the chief minister to obtain a vote of confidence from the legislature,” he added. Khokhar said though there was no time limit imposed under Article 130(7) of the Constitution upon the chief minister to acquire a vote of confidence, but the governor was competent and could fix a date of reasonable time for this purpose. “On the receipt of these directions, the PA speaker cannot adjourn the matter on his own will. The matter referred to by the governor under Article 130(7) of the Constitution should be implemented within a very reasonable time,” he elaborated. He further stated that a resolution for a vote of no-confidence moved by not less than 20% of the total membership of the provincial assembly could be passed under Article 136 (1) of the Constitution  against the chief minister. He added that the resolution referred to in clause (1) of Article 136 of the Constitution and shall not be voted upon before the expiration of three days, or later than seven days, from the day on which it was moved in the provincial assembly. “If the resolution referred to in clause (l)of 136 of the Constitution is passed by a majority of the total membership of the provincial assembly, the chief minister shall cease to hold office. However, the governor under Article 133 of the Constitution can ask the chief minister to continue holding the office until his successor took over,” the senior lawyer explained. According to Khokhar, the present matter in view of the situation prevalent since April, and the ruling of speaker on any point, would ultimately go to a superior court both in terms of the process of vote of confidence as required by governor under Article 130(7) of the Constitution with respect to holding a session as fixed by him, and the point of process for the vote of no-confidence as submitted by opposition under Article 13(6) of the Constitution. PML-N lawyers believed that in case the chief minister did not take a vote of confidence as the per the governor’s directions on Wednesday (today), then Elahi would no longer be the CM. They added that the governor could pass any order in the prevailing political situation.

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UN picks Pakistani professor to probe Iran protests crackdown

The United Nations on Tuesday named three women to lead a rights investigation into Iran's violent crackdown on women-led protests that have rocked the Islamic republic for more than three months. Pakistani law professor Shaheen Sardar Ali , Bangladesh Supreme Court lawyer Sara Hossain, and rights activist Viviana Krsticevic from Argentina will be the independent members of the fact-finding mission, UN Human Rights Council head Federico Villegas announced. Ms. Shaheen Sardar Ali (Pakistan) is a law professor at the University of Warwick, United Kingdom, focussing on Islamic law, human rights, and women and child rights. In Pakistan, Ms. Ali served as the First Chairperson/Minister of State, National Commission on the Status of Women (2000-2001) and the first female cabinet Minister for Health, Population Welfare and Women’s Development in the Government of the Khyber Pakhtunkhwa Province of Pakistan. She was a member and Vice-Chair of the United Nations Working Group on Arbitrary Detention (2008-2014) and has consulted with a wide range of national and international organizations. The professor has a Ph.D. in International Law, from the University of Hull, United Kingdom (1998), and is a member of the editorial boards of the Arab Law Quarterly and the Journal of Islamic State practices in International Law. She is fluent in English, Urdu, Pashto, and Punjabi, can read and write Arabic and has a working knowledge of Persian (Farsi). Also read: China completes construction of second biggest hydro plant The three women will document the Iranian authorities' repression of the protests and potential human rights violations with a view to possible legal action against officials in Iran or elsewhere. 🔴 BREAKING Human Rights Council president Federico Villegas has appointed the members of the recently established Fact-Finding Mission on the Islamic Republic of #Iran: - Sara Hossain of Bangladesh (chair) - Shaheen Sardar Ali of Pakistan - Viviana Krsticevic of Argentina pic.twitter.com/m1hMOuNQLH — UN Human Rights Council (@UN_HRC) December 20, 2022 Iran is highly unlikely to allow the trio to enter the country and carry out their mission, with Tehran fiercely opposing the creation of the international investigation that 47 rights council members voted for last month. Mass demonstrations, unprecedented since the 1979 Islamic revolution, have swept across the country since September after the death in custody of Iranian-Kurdish woman Mahsa Amini, leading to violent and sometimes deadly clashes with security forces. The 22-year-old had been arrested by Iran's notorious morality police for allegedly flouting strict rules on correctly wearing the headscarf, triggering nationwide unrest in favour of women's rights. The authorities have executed some protesters and condemned others to capital punishment for involvement in what they describe as riots encouraged by arch-foes Israel and the United States. Also read: Russian deputy foreign minister says 60 Russian 'hostages' held in US Human rights organisations say legal procedures have been rushed and confessions obtained under torture. The United Nations estimates that around 14,000 people have been arrested since mid-September, while Oslo-based NGO Iran Human Rights says 469 protesters have been killed.

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People resist police bid to take over park

An attempt by the police to take over a park in Sargodha sparked a protest by local people lead by activists from across the political divide in the city. The Ali Park had been established in Farid Kot, a densely populated area of Sargodha, by the Parks and Horticulture Authority (PHA). A heavy police contingent arrived to occupy the park, claiming that it was owned by their department. On hearing about the incident, a local leader of the Pakistan Tehreek-e-Insaf (PTI), Muhammad Iqbal, who had contested election for the provincial assembly from the constituency in 2018, reached the spot and a large number of local people gathered. When the crowd started protesting, more personnel were called in, who baton charged the protesters to disperse them. According to witnesses, Iqbal was also injured during the baton charge. After dispersing the protesters, the police demolished with heavy machinery the sheds and other structures built in the park, while the plants and grass were also uprooted by bulldozers. Local people protested against police brutality for the second day in a row, in which leaders of the PTI and Pakistan Muslim League-Nawaz (PML-N) jointly participated. North Punjab PTI senior vice-president Ansar Haral, former MPA Dr Nadia Aziz and PML-N MNA Hamid Hameed participated in the protest along with their supporters. MNA Hameed said on this occasion that the facility was not just a park but used by the community for various events, including Eid and funeral prayers. The PHA in Sargodha was established in 2013, after which it identified several locations in the city, including the Ali Park site, for establishing new parks and renovating existing ones. After establishing the park, about Rs25 million was spent on its beautification over time, an official said. However, a police spokesman, Abid Hussain, told The Express Tribune that the land had been allotted for the construction of a three-storey model police station for the urban area. He said the Punjab government had now given permission for the construction and Rs190 million had been released for the purpose. Published in The Express Tribune, December 20th, 2022.

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