CASES & TRIALS


1923 - 2004
SOME RENOWNED CASES OF MR. IJAZ HUSAIN BATALVI


Allama Mashriqi Case

Conducted trial of Allama Mashraqi for the murder of Dr. Khan Sahib, who was leader of Red Shirts, before partition and Ex-Chief Minister of province of NWFP and after partition worked as central minister and on the creation of the province of West Pakistan he became its first chief Minister at the time of the murder he was leader of the defunct republic party.

Defended Allama Mashraqi and others before the trial court/Sessions Judge Lahore. Allama Mashraqi was acquitted but his co-accused Atta Muhammad was convicted and sentenced to death, he appeared in the Lahore High Court Lahore challenging his conviction but appeal was dismissed and conviction was maintained by the Lahore High Court, Lahore, the case has been reported as PLD 1960 Lah 129 titled “Atta Muhammad vs. The State”.


Yousaf Renate Case

A renowned case in which Lt. Col Muhammad Yousaf was tried under sections 497/498 PPC by a learned Single Judge of Lahore High Court, of West Pakistan on the complaint filed by Ali Nawaz Gardezi which was originally filed before the ADM Lahore but the same was transferred to the High Court on the ground that Lt. Col Muhammad Yousaf being a Commissioner of a Division, the subordinate courts would feel embarrass in dealing with the case. Lt Col Muhammad Yousaf was convicted and sentenced by the learned single Judge of West Pakistan High Court but in appeal the appellate Bench consisting of three Judges of the High Court set aside the conviction and sentences and acquitted him of both the charges. The said order was challenged in appeal but the Honourable Supreme Court did not interfere with the orders of acquittal. The said case has been reported as PLD 1963 SC 51 titled “Syed Ali Nawaz Gardezi vs. Lt. Col Muhammad Yousaf Mr. Batalvi appeared for Syed Ali Nawaz Gardezi throughout at trial stage and appellate stage etc.


General Yahya Ahya Martlal Law Case

Appeared for the petitioners in the Supreme Court of Pakistan in which the Martial Law proclaimed by General Agha Muhammad Yahya Khan was held to be illegal, the assumption of power by him as President and Chief Martial Administrator was not recognized as valid. The said case has been reported in PLD 1972 SC 139 titled “Asma Jillani vs. Federation of Pakistan”.


Qadlani’s Case

Represented the Qadiani’s in Justice Samdani Tribunal constituted by the Government of the Punjab to inquire about an incident having taken place at Rabwa Railway Station.


Trlal of Mr. Zulifqar Ali Bhutto, Ex-Prime Minister of Pakistan

Appeared as special public prosecutor in the aforesaid trial, relating to murder of Nawab Ahmed Khan father of Ahmed Raza Kasuri, MNA, conducted by the Full Bench comprising of five Judges of Lahore High court Lahore in its original side and also represented the State in appeal/reviews etc. before the Supreme Court of Pakistan.


Lahore Race Club

Represented the Lahore Race Club in the Horse Betting Case dealt with by the Shariat court.


Baning of Alcohol for Muslins Case

Represented the Murree Brewery in the Ban Of Alcohol for Muslims Case dealt with by the Shariat court.


Qisas and Diyat Ordinance Case

After the promulgation of Qisas and Diyat Ordinance certain difficulties arose in interpretation of certain provisions, Full Bench was constituted by the Lahore High Court Lahore in which Mr. Batalvi appeared for the petitioners. The judgment of the full Bench of Lahore High Court Lahore has been reported in PLD 1991 Lah 347 titled “Muhammad Ashraf vs. The State”.


Ch. Shujaat Hussain Case

Ch. Shujaat Hussain and his other family members were involved in a case due to political rivalry, Mr. Batalvi appeared for Ch. Shujaat Hussain and got his bail from the Supreme Court of Pakistan, the said case has been reported as 1995 SCMR 1249.


Sheikh Rasheed Ahmed Case

He was involved in a case for keeping unlicensed Kalashnikov, he was convicted by the Special Court, appeal was filed in the Lahore High Court Rawalpindi Bench. During the pendency of the appeal, Sh. Rasheed Ahmed was shifted to Bahawalpur Jail, the said order was challenged and ultimately Supreme Court of Pakistan accepted the petition and directed to bring him back to Adiala Jail, Rawalpindi. The said case has been reported in PLD 1996 SC 168 titled as “Sh. Rahseed Ahmed vs. The State”.


Nomination Papers for The President of Pakistan

Nomination papers of Mr. Muhammad Rafiq Tarar for the aforesaid seat was rejected My. Mukhtar Ahmed Junejo, the then Chief Election Commissioner and against the rejection of the nomination papers Mr. Batalvi appeared for Mr. Muhammad Rafiq Tarar before Full Bench of Lahore High Court and the Writ Petition was accepted, the said case has been reported in PLD 1998 Lah 461 titled as “Muhammad Rafiq Tarar vs. Justice Mukhtar Ahmed Junejo acting Chief Election Commissioner”.


Plane Hijacking Case

Defended Mian Muhammad Nawaz Sharif, Ex-Prime Minster of Pakistan who was removed on account of Military intervention by General Pervaiz Musharraf. The said case has been reported in PLD 2002 Ka 152.