Major judgments of justice Mandokhail as CJ BHC at a glance

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Major judgments of justice Mandokhail as CJ BHC at a glance

News Desk:

Justice Jamal Khan Mandokhail took oath as the Chief Justice Balochistan High Court (BHC) on October 5, 2019. On July 13, the Judicial Commission of Pakistan has elevated Justice Mandokhail to the Supreme Court.

As CJ BHC, Justice Mandokhail made some important judgments regarding the province and country that got countrywide attention. In June 2020, a division bench comprising Justice Jamal Khan Mandokhail and Nazeer Ahmed Langove declared the National Finance Commission (NFC) award in violation of the Constitution.

The BHC in its order mentioned that the notification in question to the extent of respondent No. 7 namely Abdul Hafeez Sheikh, being a member of the NFC, Federal Secretary Finance, being a financial expert, and the terms of reference made by the President for the NC is set aside.

BHC judgment about PSDP

On July 17, 2020, the BHC’s PSDP cognizance over the individual, bogus and useless schemes. The BHC ordered the provincial government to form a committee headed by the chairman chief minister inspection team to review schemes under the public sector development program for the financial year 2020-21.

A larger bench of the Balochistan High Court (BHC) declared some land acquisition articles under the Defense Housing Authority (DHA) Act 2015 contrary to the constitution. DHA is a non-governmental organization and it has no authority to acquire land from the public, the bench ordered.

However, the Apex Court has allowed the Defense Housing Authority (DHA) to develop schemes in accordance with the DHA Quetta act 2015. However, the court barred the housing authority from exercising any power outside its ‘specified area’ as explained in the act.

BHC bans hunting of houbara bustard 

Justice Mandokhail also imposed a ban on the hunting of the houbara bustard in the province. The judgment was widely welcomed by environmentalists across the country.

In April 2013,  Balochistan High Court (BHC) ordered the removal of all six special assistants to the chief minister of Balochistan, Jam Kamal Khan. A division bench of the BHC comprising chief justice, Jamal Khan Mandokhail, and Justice Abdullah Baloch de-notified the special assistant act 2018 Balochistan.

In a landmark judgment on March 24, 2021, the BHC bench headed by Justice Mandokhail ordered that the unsettled land belongs to the tribes, inhabitants living in deserts and mountains for centuries.

The outgoing CJ also made a number of decisions regarding reforms in judiciary and facilities for the members of the legal fraternity in Quetta and other parts of Balochistan. He also paid frequent visits to far-flung areas of Balochistan and took notice of education, health and environmental issues.

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