SALT 2008 Awards Dinner Program
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Reforming the Judiciary in Pakistan
REFORMING THE JUDICIARY IN PAKISTAN Asia Report N°160 – 16 October 2008 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION ............................................................................................................. 1 II. BACKGROUND................................................................................................................ 3 A. ISLAMISING THE POLITY ..............................................................................................................3 B. VALIDATING MILITARY INTERVENTIONS .....................................................................................3 C. DEMOCRATIC TRANSITION AND JUDICIAL REFORM......................................................................5 III. ISLAMISING THE LEGAL SYSTEM: INSTITUTIONALISED DISCRIMINATION.......................................................................................................... 6 A. THE BLASPHEMY LAW.................................................................................................................6 B. TARGETING AHMADIS..................................................................................................................8 C. WOMEN AND THE HUDOOD ORDINANCES ..................................................................................10 D. THE FEDERAL SHARIAT COURT .................................................................................................11 IV. RESTORING THE RULE OF LAW ........................................................................... -
Pakistan Was Suspended by President General Musharaff in March Last Year Leading to a Worldwide Uproar Against This Act
A Coup against Judicial Independence . Special issue of the CJEI Report (February, 2008) ustice Iftikhar Muhammad Chaudhry, the twentieth Chief Justice of Pakistan was suspended by President General Musharaff in March last year leading to a worldwide uproar against this act. However, by a landmark order J handed down by the Supreme Court of Pakistan, Justice Chaudhry was reinstated. We at the CJEI were delighted and hoped that this would put an end to the ugly confrontation between the judiciary and the executive. However our happiness was short lived. On November 3, 2007, President General Musharaff suspended the constitution and declared a state of emergency. Soon the Pakistan army entered the Supreme Court premises removing Justice Chaudhry and other judges. The Constitution was also suspended and was replaced with a “Provisional Constitutional Order” enabling the Executive to sack Chief Justice Chaudhry, and other judges who refused to swear allegiance to this extraconstitutional order. Ever since then, the judiciary in Pakistan has been plunged into turmoil and Justice Chaudhry along with dozens of other Justices has been held incommunicado in their homes. Any onslaught on judicial independence is a matter of grave concern to all more so to the legal and judicial fraternity in countries that are wedded to the rule of law. In the absence of an independent judiciary, human rights and constitutional guarantees become meaningless; the situation capable of jeopardising even the long term developmental goals of a country. As observed by Viscount Bryce, “If the lamp of justice goes out in darkness, how great is the darkness.” This is really true of Pakistan which is presently going through testing times. -
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IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: Mr. Justice Asif Saeed Khan Khosa Mr. Justice Ejaz Afzal Khan Mr. Justice Gulzar Ahmed Mr. Justice Sh. Azmat Saeed Mr. Justice Ijaz ul Ahsan Constitution Petition No. 29 of 2016 (Panama Papers Scandal) Imran Ahmad Khan Niazi Petitioner versus Mian Muhammad Nawaz Sharif, Prime Minister of Pakistan / Member National Assembly, Prime Minister’s House, Islamabad and nine others Respondents For the petitioner: Syed Naeem Bokhari, ASC Mr. Sikandar Bashir Mohmad, ASC Mr. Fawad Hussain Ch., ASC Mr. Faisal Fareed Hussain, ASC Ch. Akhtar Ali, AOR with the petitioner in person Assisted by: Mr. Yousaf Anjum, Advocate Mr. Kashif Siddiqui, Advocate Mr. Imad Khan, Advocate Mr. Akbar Hussain, Advocate Barrister Maleeka Bokhari, Advocate Ms. Iman Shahid, Advocate, For respondent No. 1: Mr. Makhdoom Ali Khan, Sr. ASC Mr. Khurram M. Hashmi, ASC Mr. Feisal Naqvi, ASC Assisted by: Mr. Saad Hashmi, Advocate Mr. Sarmad Hani, Advocate Mr. Mustafa Mirza, Advocate For the National Mr. Qamar Zaman Chaudhry, Accountability Bureau Chairman, National Accountability (respondent No. 2): Bureau in person Mr. Waqas Qadeer Dar, Prosecutor- Constitution Petition No. 29 of 2016, 2 Constitution Petition No. 30 of 2016 & Constitution Petition No. 03 of 2017 General Accountability Mr. Arshad Qayyum, Special Prosecutor Accountability Syed Ali Imran, Special Prosecutor Accountability Mr. Farid-ul-Hasan Ch., Special Prosecutor Accountability For the Federation of Mr. Ashtar Ausaf Ali, Attorney-General Pakistan for Pakistan (respondents No. 3 & Mr. Nayyar Abbas Rizvi, Additional 4): Attorney-General for Pakistan Mr. Gulfam Hameed, Deputy Solicitor, Ministry of Law & Justice Assisted by: Barrister Asad Rahim Khan Mr. -
IN the SUPREME COURT of PAKISTAN (Original Jurisdiction)
IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction). PRESENT: Mr. Justice Iftikhar Muhammad Chaudhry, CJ. Mr. Justice Javed Iqbal Mr. Justice Sardar Muhammad Raza Khan Mr. Justice Khalil-ur-Rehman Ramday Mr. Justice Mian Shakirullah Jan Mr. Justice Tassaduq Hussain Jillani Mr. Justice Nasir-ul-Mulk Mr. Justice Raja Fayyaz Ahmed Mr. Justice Ch. Ijaz Ahmed Mr. Justice Ghulam Rabbani Mr. Justice Sarmad Jalal Osmany Mr. Justice Muhammad Sair Ali Mr. Justice Mahmood Akhtar Shahid Siddiqui Mr. Justice Jawwad S. Khawaja. CONSTITUTION PETITION NO. 09 OF 2009 Sindh High Court Bar Association through its Secretary. ….PETITIONER CONSTITUTION PETITION NO. 08 OF 2009 Nadeem Ahmed Advocate ….PETITIONER VERSUS Federation of Pakistan through Secretary, Ministry of Law and Justice, Islamabad and others. ….RESPONDENTS For the petitioner: Mr. Hamid Khan, Sr. ASC. (Const.P.09/2009) Mr. Rashid A. Razvi, ASC. Mr. M. S. Khattak, AOR Assisted by M/s Waqar Rana, Waheed Khalid Khan & Haq Nawaz Talpur, Advocates. For the petitioner: Mr. Muhammad Akram Sheikh, Sr. ASC. (Const.P.08/2009) Assisted by Barristers Ms Natalya Kamal & Syed Shehryar, Advocates 2 For respondent No.1 Sardar Muhammad Latif Khan Khosa Attorney General for Pakistan. Agha Tariq Mehmood Khan, DAG Mr. Shah Khawar, DAG. Ch. Akhtar Ali, AOR. For respondent No.2. Mr. Muhammad Yousaf Leghari, A.G.Sindh. Raja Abdul Ghafoor, AOR. For respondent Nos.3 & 4. Nemo. Respondent No.5. Not represented. Dates of hearing: 20th to 24th and 27th to 31st July, 2009. JUDGEMENT IFTIKHAR MUHAMMAD CHAUDHRY, CJ.- The above Constitutional Petitions bearing Nos. 9 of 2009 and 8 of 2009 involve common questions of facts and law and are disposed of by this single judgment. -
Which US Newspaper Named Imran Khan on List for Peace Prize?
Foreign Minister Shah Mahmood Qureshi had postponed Which US Newspaper named Imran Khan on list for Peace his trip to __________ due to the ‘sensitive’ regional situation Prize? on 25 Feb 2019? C. Christian Science Monitor C. Japan Who has been Appointed as Chairman of Kashmir Which two media groups got Rights for live-streaming the Committee in Pakistan? HBL PSL 2019. C. Fakhar Imam A. Geo tv and Jang group Who is the Current Minister of Information and Culture in Pakistan Cricket Board (PCB) named_________as the new Punjab? live production partner for the HBL Pakistan Super League C. Syed Sumsam Ali Bukhari (PSL-4) On 19 Feb 2019? Which Batsman has broken Shahid Afridi record of most C. Blitz and Trans group sixes in international cricket? “Sikka Baqaida” is an initiative by State bank of Pakistan, A. Chris Gayle To facilitate the: Which of following Woman Lawmaker Chaired ‘Pakistan B. Low-income and Unbanked population of the country. Senate’ on Women’s Day, 2019? Who has been appointed as Force Commander of the B. Krishna Kumari United Nations mission for the referendum in western Who is the captain of Peshawer Zalmi in PSL 2019? Sahara? C. Darren Sammy B. Maj. Gen ziaur Rehman, Pakistan Who is the Captain of Quetta Gladiators in PSL 2019? Name the Sindh Assembly Speaker who was arrested by B. Sarfaraz Ahmed National Accountability Bureau (NAB) on corruption Who is the Current Ambassador of Pakistan to Iran? allegations on February 20, 2019? B. Riffat Masood C. Agha Siraj Durrani Who became the first Pakistani surgeon to receive the How many Pakistani prisoners were released from KSA prestigious honorary membership of the British after the order of Prince Muhammad bin Salman by the Association of Urological Surgeons (BAUS)? request of PM Imran Khan? B. -
Annual Report 2015–2016
SUPREME COURT OF PAKISTAN ANNUAL REPORT June 2015 - May 2016 ANNUAL REPORT June 2015 - May 2016 Supreme Court of Pakistan ANNUAL REPORT June 2015 - May 2016 Supreme Court of Pakistan Constitution Avenue, Islamabad Ph: 051-9220581-600 Fa x: 051-9215306 E-mail: [email protected] Web: www.supremecourt.gov.pk Branch Registry Lahore Nabha Road. Ph: 042-99212401-4 Fax: 042-99212406 Branch Registry Karachi MR Kiyani Road. Ph: 021-99212306-8 Fax: 021-99212305 Branch Registry Peshawar Khyber Road. Ph: 091-9213601-5 Fax: 091-9213599 Branch Registry Quetta High Court of Balochistan Building Quetta. Ph: 081-9201365 Fax: 081-9202244 Published by: Supreme Court of Pakistan Compiled & edited by: Khawaja Daud Ahmad, Additional Registrar (Administration) Saleem Ahmad, Librarian, Supreme Court of Pakistan ii Supreme Court of Pakistan ANNUAL REPORT June 2015 - May 2016 CONTENTS 1. Foreword by the Chief Justice of Pakistan 1 2. Registrar’s Report 2 3. Profile of the Chief Justice and Judges 5 3.1 Profile of the Chief Justice of Pakistan 6 3.2 Profile of Judges of the Supreme Court of Pakistan 7 3.3 Chief Justices & Judges Retired During June 2015 to 34 May 2016 4. Supreme Court of Pakistan 35 4.1 Introduction 36 4.2 Seat of Supreme Court 37 4.3 Branch Registries 37 4.4 Supreme Court Composition, June 2015 to May 2016 39 4.5 Jurisdiction of the Supreme Court 40 4.6 Procedure for the Appointment of Judges of the 42 Supreme Court of Pakistan 4.7 Judicial Commission of Pakistan 43 4.8 Composition of the Judicial Commission of Pakistan 45 4.9 Judicial Commission of Pakistan Rules, 2010 45 4.10 Oath of Office 46 4.11 The Supreme Judicial Council of Pakistan 47 4.12 Code of Conduct for Judges of the Supreme Court and 48 the High Courts 4.13 The Supreme Judicial Council Procedure of Inquiry, 50 2005 4.14 Supreme Judicial Council – Reference No. -
PAKISTAN COUNTRY of ORIGIN INFORMATION (COI) REPORT COI Service
PAKISTAN COUNTRY OF ORIGIN INFORMATION (COI) REPORT COI Service 7 June 2012 PAKISTAN 7 JUNE 2012 Contents Preface Latest News EVENTS IN PAKISTAN FROM 25 MAY TO 7 JUNE 2012 Useful news sources for further information REPORTS ON PAKISTAN PUBLISHED OR ACCESSED BETWEEN 25 MAY AND 7 JUNE 2012 Paragraphs Background Information 1. GEOGRAPHY ............................................................................................................ 1.01 Map ........................................................................................................................ 1.09 Telecommunications ............................................................................................ 1.10 Public holidays ..................................................................................................... 1.13 2. ECONOMY ................................................................................................................ 2.01 3. HISTORY .................................................................................................................. 3.01 4. RECENT DEVELOPMENTS: OCTOBER 2011 TO APRIL 2012 .......................................... 4.01 5. CONSTITUTION .......................................................................................................... 5.01 6. POLITICAL SYSTEM ................................................................................................... 6.01 Federal legislature ................................................................................................ 6.05 Provincial -
Crisis Response Bulletin Page 1-16
IDP IDP IDP CRISIS RESPONSE BULLETIN November 16, 2015 - Volume: 1, Issue: 44 IN THIS BULLETIN HIGHLIGHTS: English News 03-34 October 26 earthquake: Nawaz assures victims of pre-winter 03 rehabilitation Armies help govts worldwide to tackle terror, disasters 03 Natural Calamities Section 03-18 Govt announces more relief packages for affectees 07 Safety and Security Section 19-24 Four more survivors die in earthquake aftermath in KP 09 Public Services Section 25-34 Avoid possible mishaps with new disaster management app 10 Rain, snowfall aggravate situation in earthquake-hit areas 13 CJP calls for taking extraordinary steps to tackle terror threats 19 Maps 04,35-40 Pakistan to install Russian engines in JF-17 fighter jet 20 102 madrassas sealed for stoking sectarianism 21 20 Government to continue pursuing National Action Plan: spokesperson 22 Urdu News 57-41 SIUT offers free medical facilities to diabetes patients 25 Preparations in full swing for LG elections in Rawalpindi Distt 28 Natural Calamities Section 57-56 Focus on education, health: Shahbaz 29 Safety and Security section Greater Karachi Water Supply Project K-IV: Foreign investors holding 30 55-53 back due to water shortage Public Service Section 52-41 21 food outlets fined for violating hygienic laws 30 PAKISTAN WEATHER MAP WEEKLY WEATHER SITUATION MAP OF PAKISTAN DROUGHT SITUATION MAP OF PAKISTAN GLACIER DECLARED DENGEROUS IN GB MAPS POLIO CASES IN PAKISTAN - 2015 VEGETATION ANALYSIS MAP OF PAKISTAN ANTI CORRUPTION ESTABLISHMENT (ACE) & LAW ENFORCEMENT AGENCIES (LEAS) ACT IN PAKISTAN GLACIER DECLARED DENGEROUS IN GILGIT BALTISTAN 36 Glacial Lakes in G-B unsafe Legend GILGIT: Thirty-six glacial lakes in various valleys of Gilgit-Baltistan have been declared dangerous, and seven of them pose the most threat to the people, said the Met Office chief on Tuesday. -
Up-Gradation of Judicial Officers)
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN S.M.C No. 16/2009 (Up-Gradation of Judicial Officers) Before: Mr. Justice Muhammad Nawaz Abbasi, Chief Judge. Mr. Justice Syed Jaffar Shah, Judge. Mr. Justice Muhammad Yaqoob, Judge. Advocate General Gilgit-Baltistan. Registrar and Deputy Registrar of Chief Court. Muhammad Issa and Mr. Manzoor Advocates Date of hearing 16-11-2009 J U D G M E N T Mr. Justice Muhammad Nawaz Abbasi, CJ: This petition arises out of the representation filed by the Judicial Officers of the Gilgit- Baltistan subordinate judiciary before the Chief Court Gilgit- Baltistan for an appropriate order for their upgradation in the manner in which the judicial officers of subordinate judiciary in the provinces of Pakistan and in Azad Jammu and Kahsmir have been upgraded. The Chief Court forwarded their representation to the KA&NA Division, (KA&GB Division) Government of Pakistan for appropriate action and on failure to get any decision for a considerable long time, they sought appropriate directions from this court by sending a copy of their representation which has been treated as an application under Article 61 of the Gilgit-Baltistan (Empowerment and Self Governance) Order 2009. The District & Sessions Judge Gilgit has submitted the representation on behalf of whole Judicial Officers of Gilgit-Baltistan subordinate Judiciary seeking upgradation of the posts of judicial officers in Gilgit- Baltistan judiciary in the manner in which such posts have been upgraded in the four provinces of Pakistan and Azad Jamu & Kashmir, w.e.f 1st January 2008 as under: - 2 “It is Submitted that the posts of Judicial Officers of Subordinate Judiciary mention below were up graded in the four provinces including Azad Jammu and Kashmir alongwith incumbents at the end of 2007 and beginning of 2008. -
P L D 2007 Supreme Court 302 Present: Iftikhar Muhammad
P L D 2007 Supreme Court 302 Present: Iftikhar Muhammad Chaudhry, C.J., Javed Iqbal, Abdul Hameed Dogar, Mian Shakirullah Jan and Saiyed Saeed Ashhad, JJ Mian PIR MUHAMMAD and another---Appellants Versus FAQIR MUHAMMAD through L. Rs. and others---Respondents Civil Appeals Nos. 1951 of 2000 and 1178 of 2005, decided on 12th December, 2006. (On appeal from the judgments dated 13-5-1999 in C.R. No.342 of 1996 and dated 9-9-2003 in 324-D of 1997 of the Lahore High Court, Rawalpindi Bench, Rawalpindi). (a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider; whether it was mandatory to disclose particulars and details of date, time and place of receiving information about sale and making Talb-i-Muwathibat and also names of witnesses in whose presence such Talb was made, in plaint, in a suit for possession by way of pre-emption; and whether High Court was legally competent and justified to set aside concurrent findings of fact recorded by trial Court and Lower Appellate Court to the effect that requirements of Talb-I-Muwathibat had been duly filfilled before the suit was instituted. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Right of pre-emption, exercise of---Procedure---Talb-i-Muwathibat and Talb-i- Ishhad---Proof---Non-mentioning of date, time and place of knowledge of sale and date of issue to notice of Talb-i-Ishhad in plaint---Effect---Held, it was necessary that as soon as pre-emptor acquired knowledge of sale of pre-empted property, he should make immediate demand for his desire and intention to assert his right of pre-emption without slightest loss of time---After making Talb-i-Muwathibat, in terms of S.13(2) of Punjab Pre-emption Act, 1991, pre-emptor had another legal obligation to perform i.e. -
Sod Country Report Pakistan 2010
Mid-Term Assessment of the Quality of Democracy in Pakistan March 25, 2008 - September 24, 2010 Mid-Term Assessment of the Quality of Democracy in Pakistan March 25, 2008 - September 24, 2010 MID-TERM ASSESSMENT OF THE QUALITY OF DEMOCRACY IN PAKISTAN REPORT March 25, 2008 - September 24, 2010 PILDAT is an independent, non-partisan and not-for-profit indigenous research and training institution with the mission to strengthen democracy and democratic institutions in Pakistan. PILDAT is a registered non-profit entity under the Societies Registration Act XXI of 1860, Pakistan. Copyright ©Pakistan Institute of Legislative Development And Transparency - PILDAT All Rights Reserved Printed in Pakistan Published: September 2010 ISBN: 978-969-558-182-7 Any part of this publication can be used or cited with a clear reference to PILDAT. Supported by Head Office: No. 7, 9th Avenue, F-8/1, Islamabad, Pakistan Registered Office: 172-M DHA, Lahore, Pakistan Tel: (+92-51) 111-123-345; Fax: (+92-51) 226-3078 E-mail: [email protected]; Website: www.pildat.org MID-TERM ASSESSMENT OF THE QUALITY OF DEMOCRACY IN PAKISTAN REPORT March 25, 2008 - September 24, 2010 CONTENTS Abbreviations & Acronyms Preface Executive Summary The Context 13 1. Rule of Law, Rights and Citizenship 17 1.1. Nationhood and Citizenship 17 1.2. Rule of Law and Access to Justice 22 1.3. Civil and Political Rights 28 1.4. Economic and Social Rights 31 2. Representative and Accountable Government 37 2.1. Free and Fair Elections 37 2.2. The Democratic Role of Political Parties 43 2.3. Effective and Responsive Government 47 2.4. -
IN the SUPREME COURT of PAKISTAN (Appellate Jurisdiction)
IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) PRESENT: Mr. Justice Asif Saeed Khan Khosa Mr. Justice Mushir Alam Mr. Justice Dost Muhammad Khan Criminal Appeals No. 210 and 211 of 2015 (Against the judgment dated 09.03.2015 passed by the Islamabad High Court, Islamabad in Criminal Appeal No. 90 of 2011 and Capital Sentence Reference No. 01 of 2011) Malik Muhammad Mumtaz Qadri (in Criminal Appeal No. 210 of 2015) The State (in Criminal Appeal No. 211 of 2015) … Appellants versus The State, etc. (in Criminal Appeal No. 210 of 2015) Malik Muhammad Mumtaz Qadri (in Criminal Appeal No. 211 of 2015) … Respondents For the appellants: Mian Nazir Akhtar, ASC Khawaja Muhammad Sharif, ASC Mr. Ghulam Mustafa, ASC (in Criminal Appeal No. 210 of 2015) Mian Abdul Rauf, Advocate-General, Islamabad (in Criminal Appeal No. 211 of 2015) For the respondents: Mian Abdul Rauf, Advocate-General, Islamabad (in Criminal Appeal No. 210 of 2015) Mian Nazir Akhtar, ASC Khawaja Muhammad Sharif, ASC Mr. Ghulam Mustafa, ASC (in Criminal Appeal No. 211 of 2015) Dates of hearing: 05.10.2015, 06.10.2015 & 07.10.2015 Criminal Appeals No. 210 and 211 of 2015 2 JUDGMENT Asif Saeed Khan Khosa, J.: Almighty Allah has ordained in the Holy Qur’an that upon receipt of a news or information the men of faith ought to ascertain correctness of such news or information before they may act upon the same and that harm may be avoided if such news or information is got investigated in the first place. The following verses of the Holy Qur’an are relevant in this regard: Surah Al-Hujurat: verse 6 “O you who have faith! If a profligate [person] should bring you some news, verify it, lest you should visit [harm] on some people out of ignorance, and then become regretful for what you have done.” Surah An-Nisa: verse 94 “O you who have faith! When you issue forth in the way of Allah, try to ascertain: do not say to someone who offers you peace, ‘you are not a believer’, seeking the transitory wares of the life of this world.