updates
Congratulations
Congratulations to our Associates namely Barrister Muhammad Daniyal Arif and Usama Munir Kundi on their enrollment as Advocate of the District Judiciary Khyber Pakhtunkhwa.
The Crisis in Pakistan’s Judiciary: A Call for Unity and Reform
In recent months, the judiciary of Pakistan has faced an unprecedented crisis, underscoring a deepening fracture within its highest echelons. The release of a letter by six esteemed judges of the Islamabad High Court marked what should have been a pivotal moment in our judicial history. Yet, this historic event has been marred by a conspicuous lack of decisive action from the Supreme Court, revealing a troubling pattern of evasiveness and inaction.
The immediate response—or rather, the lack of it—to the letter was disheartening. Instead of addressing the gravity of the situation with transparency and resolve, the Supreme Court appeared to engage in a whitewash. Efforts to establish a commission, as proposed by the Federal Government, and the subsequent Suo Moto proceedings, have dragged on for over two months without meaningful progress. This stagnation raises serious concerns about whether these proceedings will ever lead to a resolution.
Despite numerous official communications from the Chief Justice before and after his appointment, the contentious constitutional package proposing an extension to his tenure has been met with a troubling lack of clarity. While a recent statement confirmed contentment with a three-year extension for all judges, it was evident that the primary beneficiary of this amendment would be the Chief Justice himself—a fact that is widely known. This situation underscores a significant issue of transparency within the judiciary, as the absence of a clear, official explanation about the motivations and implications of this extension fuels public skepticism and erodes trust in the institution’s commitment to impartiality and the rule of law. Rumors of a new version of the package, favoring the last of the five senior-most judges, only fuel speculation about the real agenda.
The current state of affairs reflects a broader issue: the judiciary’s drift from its fundamental role as an impartial arbiter of the law. Instead, it seems to be functioning on a model driven by personal power plays and institutional self-preservation. This departure from the rule of law not only undermines public trust but also perpetuates a cycle of regression and transgression aimed at consolidating power within one institution, despite its history of failure and mismanagement.
Adding to this crisis is the ongoing debacle with the Election Tribunals. The stalling of scrutiny for what many consider to be the most rigged elections in Pakistan’s history reveals a disturbing disregard for electoral integrity. The failure of the Election Commission of Pakistan, both before and after the elections, and the consequent lack of progress in tribunal proceedings, suggests a deliberate effort to sideline issues that could compromise the interests of powerful stakeholders.
Equally troubling is the treatment of cases involving fundamental rights. Citizens condemned under the Action in Aid of Civil Power Regulations have faced prolonged delays in their appeals, despite multiple changes in Chief Justices over the past five to six years. In stark contrast, the swift handling of high-profile cases, such as the January 13th verdict, highlights a troubling disparity in judicial priorities.
For the judiciary to regain its credibility and effectiveness, it must present a united front, free from personal agendas and institutional rivalries. The recent attack on the National Assembly and the subsequent removal of parliamentarians by masked men have further exposed the fragility of Pakistan’s democratic institutions. In this precarious environment, it is imperative for the Chief Justice to take a stand against the internal and external forces undermining the judiciary.
The time for introspection and reform is now. The judiciary must reaffirm its commitment to the rule of law and demonstrate its dedication to upholding the rights and interests of the Pakistani people. Only through unity, transparency, and a steadfast adherence to justice can the Supreme Court restore its standing and fulfill its crucial role in safeguarding democracy and the rule of law in Pakistan.
Ali Gohar Durrani
“Celebrating our Sixth Anniversary”
Today, we proudly celebrate a significant milestone in our journey. With immense gratitude and pride, we announce that Shah | Durrani | Khattak Law Firm has successfully completed six years of providing exceptional legal services. Our journey has been marked by challenges, triumphs, and unwavering dedication.
Over the past six years, we have fearlessly embraced new challenges, continually stepping out of our comfort zones in our relentless pursuit of excellence. Our determination and commitment to hard work have led to countless victories. We view the pursuit of justice and the upholding of the rule of law not merely as a profession but as our calling.
We extend our deepest gratitude to Allah Almighty for His blessings and guidance. It has been our honor to represent esteemed leaders at the federal level, including the Prime Minister, Foreign Minister, Finance Minister, and Defense Minister of Pakistan. At the provincial level, we have served as trusted advisors to the Chief Minister, Governor, Finance Minister, and other ministers of Khyber Pakhtunkhwa. Our client base also includes multinationals, governmental and non-governmental organizations, and individuals from all walks of life. We are proud that all our clients are happy and satisfied with our services.
Our success is a testament to the remarkable teamwork and dedication of every member of the SDK Family. To our associates, interns, and clerical staff, we owe a debt of gratitude. Your invaluable contributions have propelled us to great heights.
We also extend our heartfelt thanks to our clients, supporters, benefactors, friends, and social media followers. Your trust and unwavering support have been the driving force behind our accomplishments. We are deeply grateful for your belief in our abilities and for entrusting us with your legal matters.
Lastly, we express our utmost gratitude to our families. You have been our pillars of strength, offering unwavering support and understanding in our pursuit of justice. We recognize and appreciate the sacrifices you have made and are forever grateful for your love and encouragement.
As we look to the future, we reaffirm our commitment to the pursuit of justice and the rule of law. We will continue to navigate the complex legal landscape, upholding the highest standards of professionalism and ethics.
Thank you all for being an integral part of our incredible journey. Here’s to six years of exceptional legal service and to many more years of success and growth!
With gratitude,
Team SDK
Advocate Supreme Court
Our Senior Partner Ali Gohar Durrani has been enrolled as Advocate Supreme Court of Pakistan.
Video Link
We are pleased to announce that we have successfully provided our client appearance before the Peshawar High Court through Video Link Facility from the Pakistani High Commission in the UK. Our client was represented by our Managing Partner Zarak Arif Shah.
Celebrating 5 Years of Excellence!
Today, we at the Law Firm of Shah | Durrani |Khattak mark a significant milestone in our journey. It fills us with immense pride and gratitude to announce that we have successfully completed five years of providing exceptional legal services. It has been a remarkable journey filled with challenges, triumphs, and unwavering dedication.
Throughout these years, we have fearlessly embraced the unknown, stepping out of our comfort zone, and striving for excellence. With unwavering determination and a commitment to hard work, we have emerged victorious time and time again. We firmly believe that the pursuit of justice and upholding the rule of law is not just a profession but a calling.
We express our deepest gratitude to Allah Almighty, whose blessings and kindness have guided us on this path. From representing esteemed individuals like the Prime Minister, Foreign Minister, Finance Minister, and Defense Minister of Pakistan at the federal level to serving as trusted advisors to the Chief Minister, Governor, Finance Minister, and other provincial ministers of Khyber Pakhtunkhwa, we have had the honor of working with extraordinary leaders. We have also had the privilege to represent Multi-nationals, Governmental and Non-Governmental clients as well as individuals from every walk of life. All of whom are happy and satisfied clients.
Our success would not have been possible without the remarkable teamwork and dedication of every associate/intern/clerical staff who have been a part of the SDK Family. We owe a debt of gratitude to each and every one of you. Your contributions have been invaluable, and together we have achieved great heights.
We extend heartfelt thanks to all our clients, supporters, benefactors, friends, and social media followers. Your trust, faith, and unwavering support have been the driving force behind our accomplishments. We are deeply grateful for your belief in our abilities and for entrusting us with your legal matters.
Last but certainly not least, we express our utmost gratitude to our families. You have been our pillars of strength, offering unwavering support and understanding during our pursuit of justice. We recognize the sacrifices you have made, and we are forever grateful for your love and encouragement.
As we move forward, we reaffirm our unwavering commitment to the pursuit of justice and the rule of law. We will continue to navigate the complex legal landscape while upholding the highest standards of professionalism and ethics.
Once again, thank you all for being an integral part of our incredible journey. Here’s to five years of exceptional legal service and to many more years of success and growth!
With gratitude,
Team SDK
Happy Eid everyone
Shah | Durrani | Khattak becomes First Law Firm from Pakistan to be on the Metaverse Standards Forum
The Law Firm of Shah | Durrani | Khattak becomes the first law firm in Pakistan to get the membership of the Metaverse Standards Forum and extend its services to KPITB and the Forum to make a more inclusive and open Metaverse possible
Another Victory, Court Directs enhanced financial assistance to the family of senior bureaucrat.
The Peshawar High Court has ordered the government to pay enhanced financial assistance to the family of a missing senior bureaucrat, Amjad Shahid Afridi, after the deduction of salary paid to it since his disappearance eight years ago.
A bench consisting of the Chief Justice Qaiser Rashid Khan and Justice Syed M Attique Shah accepted a petition of Mr Afridi’s wife Rozeena and declared illegal the Establishment Division’s April 2022 directives to the Khyber Pakhtunkhwa government to give away the assistance package, which valued less than the one sought by the family of the BPS-20 officer.
The petitioner contended that Mr Afridi had gone missing in 2014 and therefore, the assistance package of that year should be paid to them, but the government had decided to pay them the 2015 package, which was far less than the previous year’s.
During hearing, the bench wondered why the government,instead of enhancing the assistance package for government servants, the government had reduced the same.
The petitioner’s lawyer, who is the Senior Partner at the best law firm of Khyber Pakhtunkhwa in general and Peshawar in particular i.e., The Law Firm of Shah | Durrani | Khattak, Ali Gohar Durrani, said Mr Afridi was a BPS-20 officer of Pakistan Administrative Services, whose services was placed at the disposal of the provincial government in Feb 2014.
He added that the bureaucrat had gone missing on March 18, 2014, and an FIR for his disappearance was lodged with the police by his son.
The lawyer said the federal government had notified on Dec 29, 2015, the ‘missing’ status of his client’s husband.
He said in light of that notification, the finance department’s regulation wing had moved a summary for the provision of financial assistance in shape of monthly salary to the family of the officer.
He added that the summary was accepted in Dec 2016 allowing the family to withdraw the salary of the missing bureaucrat until the age of his superannuation.
Mr Durrani also said a summary submitted to the prime minister by the Establishment Division on Sept 8, 2017, was accepted and an office memorandum was issued declaring that the government employees, whose whereabouts were not found for 12 months, should be considered for the payment of compensation to their families.
The counsel said under that OM, the petitioner filed an application with the establishment department, which forwarded it to the Establishment Division.
He added that the Establishment Division asked the establishment department on Dec 19, 2019, to grant incentives or package to the family in question the assistance package, which is meant for the government employees, who died during service.
He said after correspondence, the Establishment Division wrote to the KP government on April 27, 2022, to extend assistance package issued through office memorandum on Dec 4, 2015.
Mr Durrani said Mr Afridi had gone missing in 2014 and therefore, the assistance package mentioned in the OM of Oct 20, 2014, was applicable to the family and not that of 2015.
He said under the 2014 OM, a grant of Rs9 million had to be provided to the family of an officer, who dies during service, while in the 2015 OM, the said amount was reduced to Rs3 million.
