Dr. Mukarram Baig

2018 YLR 2363 FEDERAL-SHARIAT-COURT KALEEM ULLAH vs State Prosecution relied upon Phone Call Data Record of the accused but there was no signature of authorised officer of the concerned company, thus it could not be safely relied upon in any manner---Investigating Officer had himself generated such CDR or the same had been issued by the company concerned was doubtful---Neither there was any transcription, pertaining to the conversation of alleged crime nor proof of issuance of the SIM number in question allegedly used either by the accused or by co-accused in their names---Recovery of stolen car was also fruitless in the present case as it was found lying abandoned in the graveyard---Prosecution had not offered any explanation as to why and who left the car over there---Neither any prosecution witness had clarified the mystery nor such explanation could be gathered or found in the alleged confessional statement of the accused or in the statement of nephew of the co-accused---No evidence was found, which could connect the accused with the alleged stolen car thus, such recovery had no nexus with the accused---

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PLJ 2019 Islamabad High Court 126 Present to: AMEER FAROOQ AND MOHSIN AKHTER KAYANI ISHTIAQ-UR-REHMAN Versus SPECIAL JUDGE ANTI-TERRORISM COURT-I, ISLAMABAD and 2 others Criminal Procedure Code, 1898 (V of 1898)-- ----S. 190(2)--Anti-Terorrism Act, (XXVII of 1997), S. 23--Cognizance of offence--Jurisdiction--Question of whether ATA Court has exercised jurisdiction and whether ATA Court has taken cognization of offence--Determination--If after taking cognizance of an offence an Anti-Terrorism Court is of opinion that offence is not a scheduled offence then it can order transfer of case for trial of such offence to any Court having jurisdiction under Code of Criminal Procedure--In instant case, admittedly F.I.R. contains an allegation under Section 7 of Act and report under Section 173, Cr.P.C. has not yet been filed--However, only bail before arrest application, filed by Petitioner, is pending before Respondent No. 1--No Court of sessions shall take cognizance of any offence, unless otherwise provided in any law or Code, unless case has been sent to it under Section 190 (2)--Reading of entire Section 23 ibid shows that where cognizance is taken and Court is of opinion that it has no jurisdiction in matter, it can order transfer of case for trial to Court of competent jurisdiction--Court can only transfer case for trial after taking cognizance and not for any other purpose--Petition was dismissed.

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The power of not knowing Perhaps the most common question I’ve been asked in my 30+ year career in protective security and risk management fields, including cybersecurity is what do you look for to find good security, risk and intelligence people!? My answer is always “it’s not what they know, but how they think about what they don’t know.” People have often been surprised and somewhat confused by this response, as it gives them little clarity about what certifications or qualifications to look for when hiring people. Below is an extract of a speech given on 2 June 2024 by Shruthi Kumar; a graduate of the History of Sciences at Harvard University in the United States. Shruthi talks to the power of not knowing, describing it as an advantage and not a deficiency. I watched Shruthi’s speech (more than once) and loved her passion, intelligence, conviction and clarity of explanation regarding the importance of not knowing. She’s certainly far more articulate at explaining this concept than I’ve ever been. Below is an extract of Shruthi’s speech, with the full speech on video in the reposted article below. Go Shruthi! “Today, I want to convince you of something counter-intuitive… The power of not knowing… There was a lot I didn’t know… The words I don’t know use to make me feel powerless, like there was no answer, and therefore, no way. As if I was admitting defeat… I found myself redefining this feeling of not knowing. I discovered a new-found power in how much I didn’t know… I’ve learnt silence is rarely empty; often loud… I’ve realised it’s the moments of uncertainty from which something greater than we could’ve ever imagined, grows… whether we realise it or not, we’ve been swimming in uncharted waters… Solidarity is not dependent on what we know, because not knowing is an ethical stance. It creates space for empathy, humility, and a willingness to learn. I choose to say I don’t know, so I’m empowered to ask; to listen. I believe an important type of learning takes place, especially in moments of uncertainty when we lean into conversations without assuming we have all the answers. Can we see the humanity in people we don’t know!? Can we feel the pain of people with whom we disagree!?… What we know; our material knowledge, may not matter so much anymore. The truth is, it’s what we don’t know and how we navigate it, that will set us apart moving forward. Uncertainty is uncomfortable. But I encourage you to dive into the deep end of discomfort; engage with the nuances; and bring with you a beginner’s mind; an ethic of not knowing. Emily Dickinson had said ‘not knowing when the dawn will come, I open every door’”. #embracenotknowing #silenceisntempty #silenceisloud #ethicofnotknowing #truediversity #greathinkers #protectivesecurity #cybersecurity #intelligence #letsgocyber #letstalkcyber

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In a nutshell, it is not the issue of capacity but priorities. There is no will to tax the rich and spend on the welfare of the public at large. This is not Balochistan specific trend-the entire country at federal and provincial level is facing the same dilemma which, itself is related to elitist structures that need to be dismantled. "The elite is unwilling, even in its own enlightened self-interest, to contribute on the basis of capacity to bear the resource burden required to build a fairer society. Instead, it has instituted a social order that imbibe the feudal value system and promotes a culture of paternalistic and personal relations (in contrast to impersonal market relationships and a culture of competitiveness in other economies), nepotism and patronage, violation of the rule of law, non-acceptance of the norms of fair play and justice, etc; wrecking institutions meant for checking such excesses. Even a slowly growing middle class from non-elite backgrounds has adapted to these value systems, creating a crisis of legitimacy for the state and its institutions".

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PAKISTAN FIRST Pakistan should promptly engage a specialized social media and lobbying team to counteract the influence of terrorist and separatist propaganda. An expert team can craft strategic campaigns to counter misinformation, promote a positive national image, and build international support. By enhancing Pakistan's online presence and addressing harmful narratives, the team can help neutralize extremist content and foster a more balanced portrayal of the country. This approach not only strengthens national security but also supports diplomatic efforts by presenting a cohesive and favorable image on the global stage. Immediate action is crucial to counteract the current imbalance and to protect national interests effectively.

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#UPDATE #Diplomacy The United Stated has just imposed SANCTIONS on 4 Suppliers on charges of support to Pakistan’s Ballistic Missile Program, reads a statement from US Dept of State — Expecting Diplomatic tensions in the next days ahead between Pakistan and USA as a consequence. - Hours before the visit of the Irani President, President Raisi’s visit to Pakistan, the United States has imposed SANCTIONS on 4 Suppliers, 1 from Belarus and 3 from China, on charges of Support to Pakistan’s Ballistic Missile Program - The name of the companies are Xi'an Longde Technology Development, Tianjin Creative Source International Trade and Granpect Co. Ltd from China and Minsk Wheel Tractor Plant from Belarus. - Minsk Wheel Tractor Plant supplied special vehicle chassis to Pakistan's long-range ballistic missile programme. -Such chassis are used as launch support equipment for ballistic missiles by Pakistan's National Development Complex (NDC), which is responsible for the development of Missile Technology Control Regime Category (MTCR) I ballistic missiles - Interesting times ahead. #Diplomacy #Sanctions #RiskAnalyst #PakistanUSA

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2021 YLRN 54 MUHAMMAD ILYAS MUGHAL vs State S. 25-D---Penal Code (XLV of 1860), Ss. 386, 506 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Extortion by putting a person in fear of death or grievous hurt, criminal intimidation, common intention, criminal intimidation by anonymous communication, act of terrorism---Appreciation of evidence---Call Data Record ---Scope---Prosecution case was that accused persons were blackmailing the complainant and her husband to whom they paid Rs. 1,50,00,000/- as extortion money by selling their house-hold articles, jewellery and property---Record showed that the prosecution had failed to bring on record the proof of ownership or registration of cell phone numbers of the accused persons allegedly used by them for the purpose---Even no forensic report was available on record sufficient to prove that the mobile phones recovered during the investigation at the instance of co-accused carried the SIM cards of the numbers allegedly used by him to intimidate husband of complainant---Even the recovery memo was silent about the availability of SIM cards in the two allegedly recovered cell phones from the possession of the accused---Even no SIM card of the accused could be produced in evidence---Mere availability of Call Data Record produced in evidence during the trial was not sufficient to prove the alleged connection of accused persons with the complainant unless the ownership or otherwise any link of subject numbers with them was established---Said circumstances suggested that the fact of telephonic communication between the accused persons and husband of complainant could not be established by the prosecution---Offence under S.25-D Telegraph Act,1885 did not attract, in circumstances.

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Alhamdulillah, my 4th opinion piece titled "Peace Remains Elusive in Palestine, Ukraine?" has been published in today's "Daily Observer" op-ed on page 5, dated 15th September 2024, both in print and online. You can read it in today's hard copy of the newspaper or by following this link: https://lnkd.in/gdd5TCXE

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"حضانت" اور "ولایت" میں فرق Custody of minor child; difference between 'Walayat' and 'Hizanat'. PLJ 2024 Lahore 413 It is essential to highlight that there is difference between Walayat (Guardianship) and Hizanat (Custody); in Muslim Law, as in almost every other system of law, the father is the natural guardian of the person and property of his minor child but Islam recognizes the mother as having prior right of custody, obvious reason is the nourishment, sustenance, patronage and up bringing of a human child so as to make him/her a useful human being. Mother keeps a caring instinct, therefore, is the suitable person for such task. That was the reason, for custody, the term ‘Hizanat’ has been used. The word “Hizanat” is derived from the Arabic word “Hizan” which means ‘lap of the mother’, it denotes giving a child to the mother’s lap for caring and rearing. Right of hizanat of a mother is recognized in Islam as well as in law; claim of the respondent being guardian of the minor would obviously give way to the right of hizanat till prescribed age of the minor under the law. The waiving of her right of hizanat has no binding force in the eyes of law and mother cannot be held accountable if at one occasion she had given up her right to hizanat on any condition. She will retain her right of hizanat when there is no disqualification in law of her waiver, therefore, is not disentitled for claiming right of hizanat again. Proceedings under Section 491 of Cr.P.C can be initiated before the Sessions Judge or Additional Sessions Judges and before this Court if any person is in illegal and improper custody; similar relief can also be sought by a party under Article 199 (1)(b)(i) of the Constitution of the Islamic Republic of Pakistan, 1973 through writ of Habeas Corpus when any person is in custody without lawful authority or in unlawful manner. This Article is usually applicable on malfeasance, misfeasance and nonfeasance of any party with respect to custody of a detenu. However, High Court Rules and Orders do not create any difference in the format of petition and style of orders in both types of petitions. Chapter 4-F, Volume-V of High Court Rules & Orders consists of rules framed by the High Court under Section 491(2) of Code of Criminal Procedure, 1898 which regulate the proceedings on petitions under Section 491 Cr.P.C. Under the law mother has a preferential right for custody of a minor till the prescribed age. Even if divorce has become effective between the spouses, mother does not lose her right of hizanat except in the situations mentioned in Para 354 of Muhammadan Law subject to determination by Gurdian Court. WP (habeas) 3109-24 SADIA AZIZ VS DPO ETC.

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Attention #NewUsers of Linkedin specially from #Pakistan most of you guys get worried when you see a post highlighting abuse crime corruption in Pakistan and you start feeling threatened that the world will come to know as if they don't know ............guys #CalmDown . ....... Firstly They know about us more than we do about ourselves . They know our likes dislikes and our smartphone sends them all details about us daily and whenever you update your software. They have already rated us worst . we are at the top from bottom of everything. We can't hide our #weaknesses. Instead of hiding and covering up abuse and crime we need to highlight it so that someone takes precautions and gets saved from same thing happening to him/her. and secondly I deal with fighting corruption and crime so do you think I will be giving you makeup tips ??? so please if you have nothing positive to give .....#silence is a better option. Please recognise Human rights activities as a Profession ...the world accepts it as a Profession and there are millions attached to it. So if you are data scientist or full stack developer or property dealer ....let other professionals live their life too.... let's help eachother in good deeds (which include highlighting and stopping abuse) and trying prevent eachother from bad deeds . what do you think ???

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𝑫𝑶 𝒀𝑶𝑼 𝑲𝑵𝑶𝑾? UNDER SECTION 95 OF THE PAKISTAN PENAL CODE (PPC) An act that causes or is intended to cause slight harm is not considered an offence. This applies if the harm is so minor that no reasonable person would complain about it. 𝑰𝒍𝒍𝒖𝒔𝒕𝒓𝒂𝒕𝒊𝒐𝒏 Asad walks past Bilal in a crowded street and accidentally bumps into him, causing Bilal to drop his pen. Asad apologizes immediately, and no serious harm is done. 𝑨𝒏𝒂𝒍𝒚𝒔𝒊𝒔: - Under Section 95 of the Pakistan Penal Code, this act is not considered an offence because: - The harm (dropping the pen) is very minor. - A reasonable person would not make a big complaint about such a small incident. #SSRandCo #PakistanPenalCode #Section95PPC #LegalAwareness #MinorHarm #EverydayLaw #KnowYourRights #LegalKnowledge #PakistaniLaw #LawEducation

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