Jailed ex-PM Sharif should be provided collection of Indian singer Mukesh's songs: Pak Minister
Lahore, Sep 14: Pakistan Railways Minister Sheikh Rashid said on Saturday that the government should provide a tape recorder and a collection of songs by legendary Indian playback singer Mukesh to deposed prime minister Nawaz Sharif who is serving a seven-year prison term in Kot Lakhpat jail here.
Sharif, 69, was convicted in the Al Azizia Steel Mills case and sentenced to seven years in jail in the wake of the apex court's July 28, 2017 verdict in the high-profile Panama Papers case. He has been serving the prison term since December 24, 2018.
Prime Minister Imran Khan, during his US visit in July, had told a gathering of the Pakistani diaspora that he will ensure on his return to Pakistan that Sharif is not provided an air conditioner or TV in the Kot Lakhpat jail.
"I know Maryam Bibi (Sharif's daughter) will make some noise, but I say to her, return the money. It's as simple as that," Khan had said.
Replying to a question on providing air conditioner to Sharif, Rashid said: "I am not against withdrawing the air-conditioning facility from Nawaz Sharif or any other leader lodged in the jail. Rather, I am in favour of providing a tape recorder and songs of Mukesh to him and others".
According to people close to Sharif, the three-time premier, has a taste for classic Bollywood songs.
The Al-Azizia Steel Mill case was about setting up steel mills in Saudi Arabia allegedly with corruption money.
Three corruption cases - Avenfield properties case, Flagship investment case and Al-Azizia steel mills case - were launched against the Sharif family by the National Accountability Bureau in 2017 following a judgment by the Supreme Court that disqualified Sharif in the Panama Papers case in 2017.
Sharif and his family have denied any wrongdoing and allege that the corruption cases against them were politically motivated.
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Constitution bench verdict binding on benches of lesser strength, says SC
New Delhi (PTI): A judgement of a Constitution bench would be "binding" on benches of lesser strength, the Supreme Court has said while recalling an April 2022 verdict delivered by it.
In its order dated April 7, 2022, the apex court had held that a panchayat cannot claim ownership of the land which has been taken from the real owners from their permissible ceiling limits under the land law in Haryana.
The apex court had consequently said panchayats can only manage and control the land which has been taken from the owners and cannot claim title.
"It is pertinent to note here that for the land taken from the proprietors by applying pro-rata cut from the permissible ceiling limits of the proprietors, management and control alone vests with the panchayat but such vesting of management and control is irreversible and the land would not revert to the proprietors for redistribution as the common purposes for which land has been carved out not only include the present requirements but the future requirements as well," it had said.
The top court had delivered the verdict on a batch of appeals against a full bench verdict of the Punjab and Haryana High Court which had examined the legality of sub-section 6 of Section 2(g) of the Haryana Village Common Lands (Regulation) Act, 1961.
In a judgement delivered on Thursday, a bench of Justices B R Gavai and Sandeep Mehta said that when the high court verdict rested on the law laid down by the apex court's Constitution bench in 1966, "the least that was expected" of the court in the judgement under review was to explain as to why the high court was wrong in relying on the 1966 verdict.
"No law is required to state that a judgement of the Constitution bench would be binding on the benches of a lesser strength. Bhagat Ram (1966 verdict) has been decided by a strength of five judges, this court having a bench strength of two judges could not have ignored the law laid down by the Constitution bench in paragraph 5 in Bhagat Ram," the bench said.
The top court delivered its verdict on a plea seeking review of the April 2022 judgement.
It said that "ignoring" the law laid down by the Constitution bench and taking a view totally contrary to the same would amount to a material error, manifest on the face of the order.
"Ignoring the judgement of the Constitution bench, in our view, would undermine its soundness. The review could have been allowed on this short ground alone," it said.
While allowing the review petition, the bench said, "The judgement and order of this court dated April 7, 2022... is recalled and the appeal is restored to file."
The bench directed that the appeal be listed for hearing on August 7.
The top court observed it was settled that the review would be permissible only if there was a mistake or error apparent on the face of the record or any other sufficient reason was made out.
"The review of the judgement would be permissible only if a material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice. We are also aware that such an error should be an error apparent on the face of the record and should not be an error which has to be fished out and searched," it noted.
