Category News
Justice Jawad Hassan Leads ADR Movement with Another Mediation Order
In another landmark step, Honourable Mr. Justice Jawad Hassan of the Lahore High Court, Rawalpindi Bench, has solidified his reputation as a trailblazer in Alternative Dispute Resolution (ADR). On January 15, 2025, he appointed Barrister Chaudhary Imran Hassan Ali, ASC, as the mediator in a high-profile corporate dispute involving shareholders of South Avenue (Private) Limited, a major real estate company.
Justice Jawad Hassan’s order reflects his unwavering commitment to promoting ADR as a cornerstone of modern justice. As a prominent advocate for integrating mediation into Pakistan’s legal framework, Justice Hassan continues to champion its potential to deliver cost-effective, timely, and amicable dispute resolutions, reducing the burden on courts and fostering collaboration among disputing parties.
The parties in the case have embraced the mediation process, signaling a collective shift toward cooperative resolution.
This case is a testament to Justice Jawad Hassan’s visionary leadership in driving ADR forward, ensuring that Pakistan’s judiciary aligns with global standards for accessible and efficient justice.
Stay tuned for updates as this mediation unfolds.
AJK High Court Dismisses Corporate Disputes Between Brothers; Refers Case to Commission for Investigation
In a recent judgment, the Company Bench of the Azad Jammu and Kashmir High Court dismissed three interconnected petitions involving allegations of fraud, mismanagement, and financial embezzlement between two brothers, Mansoor Ahmed Khan and Zulfiqar Abbasi. The cases revolved around disputes in two companies, Mangla Metals (Pvt.) Ltd. and Kohsar Hydropower (Pvt.) Ltd., both co-owned by the parties.
The petitions accused Mr. Abbasi, the CEO, of fraudulent activities, breach of fiduciary duties, and misuse of company funds. Mr. Khan alleged oppressive conduct, fraudulent audits, and illegal transfer of shares. Conversely, Mr. Abbasi denied the allegations and countered with claims of embezzlement and misconduct by Mr. Khan.
Justice Syed Shahid Bahar consolidated the petitions due to overlapping facts and issues. The court ruled that the matters required detailed investigation beyond its jurisdiction, referring them to the statutory Commission established under the Companies Act, 2017. It highlighted the need for alternative dispute resolution mechanisms like arbitration and mediation to avoid prolonged litigation.
The judgment emphasized that allegations of fraud and financial mismanagement require substantial evidence and proper investigation. It directed the petitioners to seek redress through the Commission, equipped with investigative powers under the Companies Act, urging swift resolution to safeguard corporate integrity.
This decision underscores the judiciary’s preference for specialized forums to handle complex corporate disputes efficiently while promoting alternative dispute resolution.
Lahore High Court Hearing on Hazardous Air Quality in Lahore
In a groundbreaking case, the Lahore High Court has admitted a petition filed by a three-year-old child, Amal Sukhera, seeking action against the Punjab government over severe air pollution in Lahore. The petition, filed under the fundamental right to a clean and healthy environment, argues that the government has failed to enforce laws aimed at controlling air pollution, particularly from vehicular emissions.
Presented by Senator Barrister Syed Ali Zafar, the petition emphasizes the child’s right to a clean environment, a concept recently enshrined in Pakistan’s Constitution under Article 9A. The petitioner argues that the pollution crisis in Lahore, one of the world’s most polluted cities, is depriving future generations of their environmental rights.
The case highlights the government’s lack of action despite the Punjab Environmental Protection Act, 1997, which mandates pollution control measures. According to the petitioners, air pollution is severely affecting public health, particularly through vehicle emissions, which account for up to 83% of the pollution in Lahore. The petition seeks a directive to the government to take immediate steps to enforce existing environmental regulations, particularly those requiring the installation of pollution control devices on vehicles and regular inspections to limit emissions.
The petition was heard by Justice Jawad Hassan who considered the issue of child justice, invoking the “Doctrine of Intergenerational Responsibility,” drawing parallels to a similar case in the Philippines, where children successfully sought legal remedies to protect the environment for future generations.
The case is poised to set a significant precedent in the protection of environmental rights in Pakistan, especially in the context of intergenerational justice. The court has issued notices to key government officials, including the Secretary of the Environmental Protection Department, to explain the measures taken to control air pollution in Lahore. The next hearing is scheduled for November 12, 2024.
This case marks an important step in strengthening environmental protections and upholding the rights of children and future generations to a sustainable and clean environment.
The order can be downloaded from the Lahore High Court website by clicking here.