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On February 18, 2025, the Sindh High Court overturned the orders issued by the Administrative Judge in a terrorism-related case, citing serious procedural irregularities and jurisdictional overreach. The Court declared that the Administrative Judge, instead of granting short-term police remand with directions for a medical examination of accused, straightaway remanded accused to judicial custody---Such refusal adversely affected the investigation of serious offences. (b) Judicial Misconduct ----Tampering with remand orders---Use of correction fluid (“whito”) to alter remand order from “police custody” to “judicial custody” without initials---Improper influence alleged---Father of accused present in the chamber of the Administrative Judge for two hours during remand proceedings---Serious procedural irregularities observed in remand process.   (c) Joint Investigation Team (JIT) ----S. 19(1) of Anti-Terrorism Act, 1997---Jurisdiction of Administrative Judge to order JIT constitution---Scope---JIT formation is a prerogative of the Government, not the judiciary---No party requested JIT formation, yet Administrative Judge passed such an order without lawful authority---Such act exceeded judicial jurisdiction.   (d) High Court’s Supervisory Powers ----S. 439, Cr.P.C.---High Court’s power to correct illegal remand orders---Administrative Judges and Magistrates are answerable to the High Court for irregularities in granting remands under Sections 167, Cr.P.C., and 21-E of the Anti-Terrorism Act, 1997---Impugned orders remanding accused to judicial custody instead of police custody were illegal, arbitrary, and contrary to law---High Court set aside impugned orders and directed Anti-Terrorism Court No. II, Karachi, to decide police remand afresh.   Disposition: Impugned orders dated 10.02.2025 and 11.02.2025 passed by the Administrative Judge were declared illegal and set aside. Case remanded to the Judge, Anti-Terrorism Court No. II, Karachi, for fresh orders on police custody remand. Registrar directed to place order before Acting Chief Justice and Home Secretary for possible reassignment of Administrative Judge’s powers under Section 13(2) of the Anti-Terrorism Act, 1997. Citation: Pending Title: The State VS Administrative Judge Anti Terrorism Courts Karachi and others. www.paklegaldatabase.com

Pak Legal Database Update Log – Latest Acts & Amendments Uploaded! 📜⚖️ We have just updated Pak Legal Database with the latest Acts, Amendments, and Ordinances from 2024 & 2025 to ensure you have access to the most up-to-date legal resources. Newly Added Laws: 🔹 2025 • The Digital Nation Pakistan Act, 2025 (Act No. I of 2025) • The Prevention of Electronic Crimes (Amendment) Act, 2025 (Act No. II of 2025) • Grid (Captive Power Plants) Levy Ordinance, 2025 🔹 2024 • The Societies Registration (Amendment) Act, 2024 • National Forensics Agency Act, 2024 • The Legal Aid and Justice Authority (Amendment) Act, 2024 • The Seed (Amendment) Act, 2024 • The Pakistan Army, Navy & Air Force (Amendment) Acts, 2024 • Supreme Court & Islamabad High Court (Amendment) Acts, 2024 • Banking & Financial Sector Amendments, 2024 • Toshakhana (Management and Regulation) Act, 2024 • Hajj and Umrah (Regulation) Act, 2024 • Several other key legislative updates! Visit Pak Legal Database to explore these latest updates. Stay ahead with the most comprehensive legal research platform in Pakistan! . . #PakLegalDatabase #LegalUpdates #Legislation #PakistanLaw #LegalResearch

(a) Legal Framework for Prisoner Transfers—International Conventions & Bilateral Agreements - UN Convention Against Torture, ICCPR, European Convention on the Transfer of Sentenced Persons: Pakistan, as a signatory to key UN conventions, follows a structured framework for prisoner transfers. The UK-Pakistan Agreement (2007) under Article 9 requires Pakistan to enforce sentences, while the UK retains conviction review authority. The 2018 Additional Protocol established a Joint Working Group to ensure compliance, prevent unauthorized releases, and monitor cases through biannual reports. (Rel. UN Convention Against Transnational Organized Crime, Vienna Convention on Diplomatic Relations, Commonwealth Scheme for Transfer of Convicted Offenders, PLD 2016 SC 174, 2017 SCMR 1514) (b) Reciprocity Reports— International Law—Implementation of Foreign Judgments: UK authorities delayed repatriation approvals due to concerns over Pakistan’s enforcement of transferred sentences. They required reciprocity reports on previously transferred prisoners to assess compliance. The Court directed the Ministry of Interior (MOI) to submit verified parole and remission records of repatriated prisoners. The case of Asad Javed was cited to confirm Pakistan’s adherence to international legal commitments. (Rel. 2017 SCMR 1514, PLD 2016 Islamabad 53, Transfer of Offenders Ordinance, 2002, UK-Pakistan Agreement 2007, Additional Protocol 2018) (c) Human Rights & Rehabilitation in Prisoner Transfers UN Convention Against Torture, ICCPR, Pakistan Prisons Rules, 1978 The Court emphasized humanitarian considerations: Repatriated prisoners should serve sentences near family for rehabilitation. Non-refoulement must be ensured, preventing transfers where prisoners face torture or inhuman treatment. Mentally challenged prisoners require special consideration per UNODC guidelines. Pakistan Prisons Rules, 1978, permit remissions only post-transfer, without altering foreign sentencing. (Rel. PLD 2016 SC 174, UN Convention Against Torture, ICCPR, Pakistan Prisons Rules, 1978, Vienna Convention on Consular Relations, 1963) (d) Court-Ordered Reforms & Recommendations for Prisoner Transfers Procedural Directives for Pakistani Authorities - The Islamabad High Court directed MOFA, MOI, and the Pakistani High Commission (UK) to: Designate an officer & hotline for weekly updates on pending transfers. Ensure consular access to Pakistani prisoners abroad and update families. Maintain a database on the health, legal, and psychological status of prisoners. State foreign court release dates in official correspondence. Submit reciprocity reports on time to maintain trust with foreign authorities. Acknowledge the finality of foreign judgments, applying only Pakistan’s remission laws post-transfer. Repatriate prisoners to jails near their homes for family access. Citation: Pending Title: Aman Ullah Khan VS FOP etc

(a) Gift—Presumption of good faith in transactions between husband and wife—Burden of proof ---- QSO 1984, Art. 129 ---- In transactions involving husband and wife, particularly where the wife is a housewife with limited exposure to financial and legal matters, the presumption of good faith in human transactions is reinforced. In the present case, where a husband challenged the validity of a gift mutation in favor of his wife, alleging fraud, the burden of proof rested heavily on him to establish the particulars of the fraud. Mere allegations without disclosing specific details such as time, place, and manner of fraud were held insufficient to shift the burden of proof. (b) Gift by husband to wife—Standard of proof—Onus of proof in cases involving housewives ---- CPC (V of 1908), O. VI R. 4 ---- A housewife, is not required to prove a gift from her husband with the same standard of proof as other donees, given the social context where inter-spousal gifts are presumed to be made in good faith. The burden of disproving the transaction and proving fraud rested with the husband, who failed to provide sufficient particulars as required under O. VI R. 4, CPC, which mandates the specific pleading of fraud and misrepresentation. (c) Fraud—Pleading requirements—Non-disclosure of particulars—Effect ---- CPC (V of 1908), O. VI R. 4 ---- Allegations of fraud must be specifically pleaded, with particulars such as time, place, and nature of misrepresentation. In the absence of such details, the plea of fraud is legally untenable. In the instant case, the husband alleged that the wife fraudulently obtained a gift mutation with the connivance of revenue officials but failed to provide specific details, rendering his claim legally deficient. (d) Revenue record—Presumption of truth—Gift Mutation—Challenge by donor ---- Land Revenue Act ---- Entries in revenue records enjoy a presumption of truth, albeit rebuttable. A donor who voluntarily executes a gift and allows it to be recorded in revenue records cannot later challenge it on vague allegations of fraud without producing substantial evidence. In this case, once the gift mutation was recorded, the husband could not successfully challenge it without strong, compelling evidence of fraud, which he failed to provide. (e) Validity of oral gift—Divestment of possession by husband in favor of wife—Requirement ----, O. I R. 10 ---- Where a party alleges fraud in collusion with government officials, failure to implead the alleged officials as necessary parties renders the suit defective. In this case, the husband alleged that the wife conspired with revenue officials to fraudulently obtain the gift mutation but failed to implead the revenue officials, rendering the suit not maintainable in light of Sikandar Hayat v. Sughran Bibi (2020 SCMR 214). Disposition: Civil revision allowed. The judgment of Appellate Court were set aside, and the judgment of the Trial Court restored. Citation: 2025 LHC 293

Pakistan Enacts the Digital Nation Pakistan Act, 2025 On January 29, 2025, Pakistan enacted the Digital Nation Pakistan Act, 2025, establishing the country’s first comprehensive legal framework for digital transformation. The Act formalizes efforts to develop a digital society, economy, and governance, ensuring the integration of digital technologies across public and private sectors through secure and interoperable digital public infrastructure. Under Section 3, the National Digital Commission is constituted to provide strategic direction and coordination among federal, provincial, and sectoral bodies. Chaired by the Prime Minister, the Commission approves and oversees the implementation of the National Digital Masterplan, ensuring compliance with national digital policies (Sections 4-5). The Pakistan Digital Authority, established under Section 6, is responsible for executing this Masterplan, regulating digital governance, and enforcing digital transformation frameworks. The Authority has independent financial and operational powers, including oversight of digital identity systems, data exchange platforms, and cloud-based services (Sections 8, 11). The National Digital Masterplan, outlined in Section 11, serves as the country’s primary roadmap for digital transformation. It mandates sectoral strategies for finance, healthcare, education, commerce, and agriculture, ensuring digitalization is implemented with standardization and regulatory oversight. All government entities must align their digital operations with this Masterplan, while the Authority is empowered to enforce compliance (Section 12). To finance these initiatives, Section 13 establishes the Digital Nation Fund, a non-lapsable resource managed by the Authority, supporting infrastructure development, capacity-building, and innovation-driven projects. Financing will be sourced from government allocations, grants, and international contributions, with auditing mechanisms ensuring transparency (Sections 14-15). Additionally, the Act empowers the Authority to regulate data governance, cybersecurity, and digital infrastructure, issuing and enforcing regulations and compliance measures (Section 8). The Federal Government retains the authority to issue policy directives, ensuring alignment with national priorities (Section 27). The Digital Nation Pakistan Act, 2025, marks a significant milestone in Pakistan’s governance and economic framework. By establishing a legally enforceable foundation for digital transformation, it provides a structured approach to modernizing governance, enhancing public service delivery, and positioning Pakistan within the global digital economy. Effective implementation will require cross-sector collaboration, regulatory enforcement, and continuous oversight to achieve the Act’s objectives sustainably and efficiently. www.paklegaldatabase.com

On 12th of February 2025, The Supreme Court of Pakistan held that Amendments to the Harrassment of Women at the Workplace Act broadened the scope of workplace harassment laws—Expanded the definitions of "employee" to include informal workers, freelancers, and domestic workers—Definition of “workplace” now covers educational institutions, sports venues, and courts—Harassment now explicitly includes gender-based discrimination beyond sexual conduct—Transgender persons are now explicitly protected under the Act—Petitioner’s conduct fell within this expanded definition. Justice Mansoor Ali Shah further held that Pakistan’s workplace harassment laws align with international legal instruments, including: - ILO Violence and Harassment Convention No. 190, - CEDAW (1979), - & UN Sustainable Development Goals (Goals 5 & 8). Ratifying the ILO Violence and Harassment Convention would strengthen Pakistan’s legal protections against harassment, promote human dignity, and reinforce gender equality commitments under international law. Citation: Pending Title: Muhammad Din VS Province of Punjab through Secretary Population Welfare Lahore and others Headnotes: (a) Protection Against Harassment of Women at the Workplace Act, 2010 (2010 Act) & Constitution of Pakistan ----Secs. 2(h), 4(4)(ii), 7, 8; Arts. 14, 18, 25, 34, & 184(3) Sexual harassment—Scope and legal framework—Petitioner, a driver, was accused of workplace harassment by respondent No.5, a lady doctor—Allegations included verbal abuse, character assassination, unethical conduct with female patients, and unauthorized video recording of respondent No.5 during an ultrasound procedure—Ombudsperson, Punjab, found the allegations established under Sec. 2(h) of the 2010 Act and imposed the major penalty of compulsory retirement under Sec. 4(4)(ii)—Governor of Punjab dismissed petitioner’s representation, and Lahore High Court upheld the decision—Petitioner’s constitutional petition was also dismissed by the Supreme Court.   Held, sexual harassment in workplaces is not an individual grievance but a systemic issue perpetuating gender inequality—It restricts women’s economic participation and violates fundamental rights under Arts. 14 (dignity), 18 (right to a safe working environment), and 25 (equality) of the Constitution—Laws against workplace harassment, including the 2010 Act and its Amendment Act, 2022, align with constitutional protections and international obligations—No jurisdictional error or illegality was found in the impugned judgment—Petition dismissed.   Cited Cases: • Uzma Naveed Chaudhry v. Federation of Pakistan PLD 2022 SC 783 • Meritor Savings Bank v. Vinson 477 U.S. 57 (1986) • Harris v. Forklift System 510 U.S. 17 (1993) • Vishaka v. State of Rajasthan AIR 1997 SC 3011 • Janzen v. Platy Enterprises [1989] 1 S.C.R. 1252 • Carmichele v. Minister of Safety and Security 2001 (4) SA 938 (CC)   www.paklegaldatabase.com

On 6-2-2025, Islamabad High Court held that protracted proceedings without progress amount to a mockery of justice – Where the prosecution fails to justify delay in trial, the accused is entitled to acquittal under Section 265-K Cr.P.C as prolonged delay in framing of charges and commencement of trial amounts to abuse of process. Fair trial principles demand expeditious disposal to prevent undue harassment of the accused. Furthermore, Chief Justice Aamer Farooq held that courts have inherent powers to prevent abuse of legal process – An application under Section 265-K Cr.P.C. can be entertained at any stage of proceedings – Where there is no probability of conviction, allowing the prosecution to continue amounts to harassment and miscarriage of justice Title: Tassadaq Hanif VS The State etc Citation: Pending (a) Criminal Procedure – Prolonged Delay in Trial & Right to Fair Trial: Right to fair trial – Delay in prosecution – Whether prolonged delay in framing of charges and commencement of trial amounts to abuse of process – The petitioner was accused in FIR No. 99/2021 under sections 147, 149, 395, 228, 506, 452, 427, 341, 353, 186 PPC read with Section 7 of ATA, 1997 – The case remained pending for four years without framing of charge or recording of any witness statements – Held, that protracted proceedings without progress amount to a mockery of justice – Where the prosecution fails to justify delay in trial, the accused is entitled to acquittal under Section 265-K Cr.P.C. – Trial court erred in dismissing the acquittal application despite the inexplicable delay – Fair trial principles demand expeditious disposal to prevent undue harassment of the accused.   ----Cited Cases: • Amanullah Khan and others v. The State (PLD 1965 Karachi 310) • Muhammad Hussain v. The State (PLD 1959 Lahore 322) • Malik Fazal Karim v. The State (PLD 1957 Lahore 837) • Abdul Shafique v. The State (PLD 1964 Lahore 246) • Khiyal Muhammad v. The State (2024 SCMR 1490)   (b) Abuse of Process – Application under Section 265-K Cr.P.C: Criminal Procedure – Power of court to acquit at any stage – Applicability of Section 265-K Cr.P.C. – Petitioner sought acquittal under Section 265-K Cr.P.C. citing lack of evidence and unreasonable delay – Held, that courts have inherent powers to prevent abuse of legal process – An application under Section 265-K Cr.P.C. can be entertained at any stage of proceedings – Where there is no probability of conviction, allowing the prosecution to continue amounts to harassment and miscarriage of justice – No charge framed, no witnesses recorded, and accused facing trial for over four years without progress – merits acquittal.   ----Cited Cases: • Abbas Haider Naqvi v. Federation of Pakistan (PLD 2022 SC 562) • State v. Asif Ali Zardari (1994 SCMR 798) • Muhammad Sharif v. The State (PLD 1999 SC 1063) • Munir Ahmed v. The State (2019 SCMR 79)   www.paklegaldatabase.com

On 31st of March 2023, the Lahore High Court held mere mutation entry does not constitute a valid gift. The Petitioner claimed ownership of the disputed property based on a general power of attorney executed by his father, authorizing another to effectuate a gift in his favor. The Court scrutinized the gifts purportedly made to deprive heirs, Donor’s daughters were not involved in the alleged gift proceedings, Donor was of advanced age and allegedly incapacitated—His death shortly after the disputed mutations cast further doubt on the transaction—In the absence of specific instructions from the donor, the alleged gift could not be sustained. Furthermore, The Court held that mutation per se is not proof of ownership but merely a record of a prior oral transaction—Burden of proof lies on the beneficiary to establish not just the mutation but also the underlying transaction—Failure to do so rendered the disputed gift mutations void. The court dismissed the petition—Appellate Court’s judgment upheld—Mutations canceled as petitioner failed to prove foundational document of general power of attorney. Citation: 2023 LHC 2050, 2025 CLC 140. www.paklegaldatabase.com

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