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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 ........................................................................... -
The Jihadi Factor in India-Pakistan Peace Process
ch ar F se o e u R ● ISSUE BRIEF THE JIHADI FACTOR IN INDIA-PAKISTANn PEACE PROCESS r d e a v t r i e o s n b O ORF ISSUE BRIEF MAY 2006 ISSUE BRIEF # 6 The Jihadi Factor in India-Pakistan Peace Process By Wilson John Senior Fellow, ORF he India-Pakistan peace process, punctuated with struments of the state policy, and make an assessment wheth- fl uctuating waves of optimism and anxiety, has com- er de-linking the issue of terrorism from the peace talks is Tpleted three years, and it is appropriate, and timely, really prudent and viable, in the long run. to review whether the primary conditions of its long-term objectives have been met and, if not, whether the failure COMPOSITE DIALOGUE would undermine the credibility of the dialogue on which On April 22, 2003 the Indian Prime Minister, Mr Atal Bihari peace and stability in the region have come to lean on heav- Vajpayee, told the Indian Parliament that India was unilater- ily. Such an assessment has become all the more important ally opening “the doors for talks” with Pakistan.1 The offer in view of the proposed visit of Prime Minister Manmohan was based on two simple premises: one, that Pakistan would Singh to Pakistan later this year. stop cross-border infi ltration and second, it would destroy Although it could be argued, that the peace process in the the terrorist infrastructure in place on its soil. This statement past three years has gone beyond the issue of terrorism, it was a sequel to his declaration made in Srinagar on April would be naïve to forsake, altogether, an assessment of Paki- 18 that “we are again extending the hand of friendship, but stan’s Kashmir policy and its strategy of using terrorist groups hands should be extended by both sides.”2 A signifi cant ad- in achieving some of its foreign policy objectives in India. -
P L D 2007 Supreme Court 202 [Shariat Appellate Jurisdiction
P L D 2007 Supreme Court 202 [Shariat Appellate Jurisdiction] Present: Abdul Hameed Dogar, Muhammad Nawaz Abbasi, Mian Shakirullah Jan, Dr. Allama Khalid Mahmood and Dr. Rashid Ahmed Jullundhari, JJ NAZEER alias WAZEER---Appellant Versus THE STATE---Respondent Criminal Appeal No.53(S) of 2001, decided on 18th October, 2006. (On appeal from the judgment of Federal Shariat Court, dated 8-2-2001 passed in Criminal Appeal No.128/I of 2000 with M.R.41/I of 2000). (a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S.10(3)---Penal Code (XLV of 1860), Ss.302(b) & 201---Juvenile Justice System Ordinance (XXII of 2000), S.12---Oaths Act (X of 1873), S.5---Constitution of Pakistan (1973), Art. 203- F(2-B)---Leave to appeal was granted by Supreme Court to consider; whether Juvenile Justice System Ordinance, 2000 was applicable to the case; whether judicial confession made on oath could be used against the accused for sustaining death sentence; and whether such confession made on oath was admissible in evidence and could have been acted upon. (b) Criminal Procedure Code (V of 1898)--- --Ss. 164 & 364---Oaths Act (X of 1873), S.5---Judicial confession---Administering of oath to accused---Scope---Contention that confessional statement recorded on oath, if causes no prejudice or injustice to accused is admissible in evidence---Validity---Provisions of Ss.164 and 364, Cr.P.C. invariably apply to all sorts of statements---Confessional statement recorded under S.164, Cr.P.C. on oath is violative of S.5 of Oaths Act, 1873, which prohibits -
University Newsletter 2017 (Vol-Ii)
Contact: +925826-960044 : [email protected] UNIVERSITY OF KOTLI Azad Jammu and Kashmir UNIVERSITY NEWSLETTER 2017 (VOL-II) EDITORIAL BOARD PATRON IN CHIEF PROF.DR. SYED DIL NAWAZ AHMAD GARDEZI PATRON DR. SABAHAT AKRAM CHIEF EDITOR SHAHID HUSSAIN MIR CO-EDITOR MR ZAFAR IQBAL CO-EDITOR MR KEFAYAT NAQVI MEMBERS MR RAJA ZAFAR ISHAQ MR HAROON AHMED MR FAHEEM ASLAM MS AFSHAN AHMED INSIDE STORIES SEMINARS CONFERENCES WORKSHOPS TRAININGS VISITS STUDY TOURS DEBATES/SPEECHES MEETINGS DEVELOPMENTS APPOINTMENTS NEWSLETTER 2017 MESSAGE FROM THE VICE CHANCELLOR It is indeed a matter of great pleasure and honor that I have taken up the baton of University of Kotli as its 2nd Vice Chancellor, an institution of significance for imparting knowledge and promoting research in the region, since its establishment in 2014. As a new Vice Chancellor of the University, I am committed to make this University among one of the high ranking institutions of the country in every respect. In order to achieve this goal, I would fully utilize my energies, experience and potentials. As University of Kotli ushers into its fourth academic year and achieved significant milestones and there is much that the institute has yet to be achieved in coming years. Higher Education and creation are key sources for the enlightening & developing communities, nations and will be highly sought-after within Pakistan and around the world. Our challenge is to generate ideas that will benefit society, and to educate and train people to work in fields where they will be valued both for their specialized knowledge, and their ability to research, and derive solutions of problems through discussion. -
The On-Off Diplomatic Talks
THE ON-OFF DIPLOMATIC TALKS BY MAJ GEN HARSHA KAKAR (RETD) Post the receipt of the letter from Imran seeking a meeting between the two foreign ministers on the side lines of the UN General Assembly (UNGA) session, the government initially agreed, cancelling it the next day, citing few incidents. The first was the brutal killing of the BSF Jawan, Head Constable Narinder Singh. The second was the kidnapping and killing of three J and K police personnel by terror groups supported by Pak. It also quoted the publication of stamps on Kashmir Solidarity day highlighting known terrorists including Burhan Wani. Pak claimed that these stamps were published in July even prior to the elections, well before the present government took office, thus a lame excuse. The spokesperson of the Ministry of External Affairs (MEA) clarified immediately after announcing the acceptance of the meeting that this was not recommencement of bilateral talks, but just a meeting, the agenda of which had yet to be finalized. Even this announcement was ill-timed as it happened on the same day that Narinder Singh was brutally killed. The opposition claimed the government was bending to Pak requests rather than avenging Pak’s brutal actions. Ironically, the incident of Narinder Singh occurred days after the defence minister admitted in a TV interview that India has also resorted to 2 similar actions but does not advertise. This comment was widely covered in the Pak media. Whether it was in retaliation or a challenge is anyone’s guess. The killing of policemen by militants in the valley the next day was the crossing of the threshold of tolerance of the government. -
PAKISTAN NEWS DIGEST a Selected Summary of News, Views and Trends from Pakistani Media
February 2017 PAKISTAN NEWS DIGEST A Selected Summary of News, Views and Trends from Pakistani Media Prepared by Dr Ashish Shukla & Nazir Ahmed (Research Assistants, Pakistan Project, IDSA) PAKISTAN NEWS DIGEST FEBRUARY 2017 A Select Summary of News, Views and Trends from the Pakistani Media Prepared by Dr Ashish Shukla & Nazir Ahmed (Pak-Digest, IDSA) INSTITUTE FOR DEFENCE STUDIES AND ANALYSES 1-Development Enclave, Near USI Delhi Cantonment, New Delhi-110010 Pakistan News Digest, February (1-15) 2017 PAKISTAN NEWS DIGEST, FEBRUARY 2017 CONTENTS ....................................................................................................................................... 0 ABBREVIATIONS ..................................................................................................... 2 POLITICAL DEVELOPMENTS ............................................................................. 3 NATIONAL POLITICS ....................................................................................... 3 THE PANAMA PAPERS .................................................................................... 7 PROVINCIAL POLITICS .................................................................................... 8 EDITORIALS AND OPINION .......................................................................... 9 FOREIGN POLICY ............................................................................................ 11 EDITORIALS AND OPINION ........................................................................ 12 MILITARY AFFAIRS ............................................................................................. -
2004 SCMR 1824.Pdf
TaxHelpline Case No. 153 of 2004 Supreme Court of Pakistan Cr. Petitions Nos.21 and 22/K of 2003, heard on 13th April, 2004 Present: Nazim Hussain Siddiqui, C.J., Javed Iqbal and Abdul Hameed Dogar, JJ Akhlaq Ahmed Siddiqui, Advocate-on-Record for the Petitioner. M. Ilyas Khan, Advocate Supreme Court and Ms. Wajahat Niaz, Advocate-on-Record for Respondents THE STATE through Prosecutor-General, National Accountability Bureau---Petitioner Vs Agha WAZIR ABBAS and another---Respondents ORDER NAZIM HUSSAIN SIDDIQUI, C J.-----The Stale through Prosecutor-General, National Accountability Bureau (NAB), petitioner (in both petitions) has impugned the judgment, dated 8- 2-2003 of a learned Division Bench, High Court of Sindh, Karachi, whereby Criminal Accountability Appeals Nos.31 and 32 of 2002 were allowed and the respondents in both petitions were acquitted of the Reference filed against them, under section 10 of the National Accountability Bureau Ordinance, 1999 and the sentences of seven years' R.I. and fine of Rs.25,00,000 each or in default thereof three years' S.I. and disqualification for a period of ten years from holding any representative office/office in the service of Pakistan, were set aside and they were ordered to be released forthwith, if not required in any other case. 2. The prosecution case against respondent Agha Wazir Abbas, an Assistant Excise and Taxation Officer in the Excise Department, Government of Sindh, Karachi and respondent Abdul Hameed, Manager of Messrs Standard Wine Company (Pvt.) Ltd. was that they along with the absconding accused, namely, Riaz Hassan Khoso, Abdul Razzak Abbasi, Asif Ikhlaq Ahmed and Saleh Muhammad Rahu were guilty of forging import and transport permits, evasion of vend fee and fee of cess charged on transport permits for the disposal of liquor, thereby caused loss of Rs.38,287,290 to the public exchequer. -
Pok News Digest a Monthly News Digest on Pakistan Occupied Kashmir
POK NEWS DIGEST A MONTHLY NEWS DIGEST ON PAKISTAN OCCUPIED KASHMIR Volume 1 Number 5 October 2008 • Political Developments Conspiracy to Divide Gilgit Baltistan People Will Fail, Says GBUM Afghans to be Kicked Out of Gilgit Baltistan Kashmir Issue to be Finalized During Govt’s Tenure, Says Kaira MJC Condemns Zardari’s Statement on Kashmir • Economic Developments Line of Control Becomes Line of Commerce PoK Team Crosses Over, Hopes to Trade Peace Kohala Power Project Attracts Chinese Firm • International Developments EU Team Welcomes Reopening of Kashmir Trade Route Kashmir Solidarity Day Observed in Washington Compiled by Dr Priyanka Singh • Other Developments Kashmiris Observe 61st Founding Day Layout KIU Regional Campus in Baltistan Demanded Sanjay Kumar INSTITUTE FOR DEFENCE STUDIES AND ANALYSES No. 1, Development Enclave, Rao Tula Ram Marg October 2008 New Delhi-110 010 1 Jammu & Kashmir (Source: Based on the Survey of India Map, Govt of India 2000 ) October 2008 2 About this Issue One of the reports in this issue indicates that the PPP-led government in Pakistan intends to withdraw the Legal Framework Order of 2004 from Gilgit Baltistan and replace it with a new constitutional package which embodies an “AJK” like political set up for the Northern Areas- a set up which comprises a president, a cabinet headed by a prime minister and a High Court. The local PPP leadership in consultation with the establishment in Pakistan is reportedly working on finalities of political transition in the Northern Areas. On a positive note, at least the government of Pakistan has finally admitted that people in this region were subjected to deprivation from basic political rights and economic gains. -
Kashmir Solidarity Day on 05Th February, 2015
Phone: +92 51 2514555 Email: [email protected] www.muslim-institute.org A Rally on Kashmir Solidarity Day on 05th February, 2015 Organized by MUSLIM Institute From China Chowk to Press Club, Blue Area, Islamabad. On the occasion of ‘Kashmir Solidarity Day’ on Thursday 5th February 2015 think tank MUSLIM Institute organized a rally from China Chowk to National Press Club Islamabad wherein large number of people from all walks of life including civil society, diplomats, politics and social sector, students, lawyers, journalists and Kashmiri representatives participated. Participants of rally held placards and banners inscribed with the slogans for right of self-determination for Kashmiris, appreciation for their struggle, solidarity with them, condemnation of state terrorism and torment by Indian forces in Kashmir and demanding implementation of resolutions of United Nations for settlement of Kashmir issue. Among the others, Former Ambassador & Secretary General for Foreign Affairs Mr. Akram Zaki, Former Ambassador and Additional Secretary Mr. Munawar Saeed Bhatti, Kashmiri leader Sardar Khalid Ibrahim Khan, Vice Chairman Jammu Kashmir Liberation Front Mr. Saleem Haroon, representatives of MUSLIM Institute Mr. Ahmad Raza and Mr. Tahir Mehmood addressed the participants of Rally. Speaking on the occasion the speakers said that Kashmir solidarity day is observed by Pakistani nation and it shows that whole Pakistani nation and Kashmiris of Azad Kasmir stand with the people of Indian Occupied Kashmir. This day is of symbolic significance and is observe for solidarity with Kashmiris. Kashmir belongs to Kashmiris and Pakistani nation is their lawyer. Hearts of Kashmiris and Pakistanis beat together. Throwing light on history of Kashmir issue the speakers said that struggle of Kashmiris for their freedom started in 1947 and continues till date. -
Kashmir As a Symbol of Pakistan: Why Violence in Kashmir Never Stop?
Global: Jurnal Politik Internasional Volume 21 Number 1 Article 2 7-15-2019 Kashmir as a Symbol of Pakistan: Why Violence in Kashmir Never Stop? Wonjune Hwang Graduate Institute of Peace Studies, Kyung Hee University, [email protected] Follow this and additional works at: https://scholarhub.ui.ac.id/global Part of the Defense and Security Studies Commons, International and Area Studies Commons, International Relations Commons, Law Commons, and the Political Theory Commons Recommended Citation Hwang, Wonjune (2019) "Kashmir as a Symbol of Pakistan: Why Violence in Kashmir Never Stop?," Global: Jurnal Politik Internasional: Vol. 21 : No. 1 , Article 2. DOI: 10.7454/global.v21i1.360 Available at: https://scholarhub.ui.ac.id/global/vol21/iss1/2 This Article is brought to you for free and open access by the Faculty of Social and Political Sciences at UI Scholars Hub. It has been accepted for inclusion in Global: Jurnal Politik Internasional by an authorized editor of UI Scholars Hub. Global: Jurnal Politik Internasional Vol. 21 No. 1. Page 27-47. DOI: 10.7454/global.v21i1.360 © Global: Jurnal Politik Internasional 2019 E-ISSN: 2579-8251 KASHMIR AS A SYMBOL OF PAKISTAN: WHY VIOLENCE IN KASHMIR NEVER STOP? Wonjune Hwang Graduate Institute of Peace Studies Kyung Hee University, Republic of Korea Email: [email protected] Abstrak Kashmir telah menjadi tempat yang berbahaya di Asia Selatan. Di wilayah ini, India dan Pakistan melakukan tiga perang besar dan banyak pertempuran kecil. Kashmir telah diduduki sejak 1947, namun kedua belah pihak mengklaim pendudukan satu sama lain adalah ilegal. Muslim Kashmir yang diduga didukung oleh Pakistan terus melakukan aksi terror. -
The Feudal Tentacles: Is Feudalism Dead
Pakistan Perspectives Vol. 21, No.2, July-December 2016 Study of the Emergency Rule in Pakistan, 2007 Khan Faqir & Fakhrul Islam Abstract Some of the steps of public interest litigation that the judiciary took in 2007 were considered as a threat to the military government of Pervez Musharraf. He dismissed the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, on the charges of corruption. This presidential move was not against the chief justice of Pakistan but against the judiciary. The executive intent to tarnish and erode judiciary’s image, integrity and authority was countered by a countrywide movement for the restoration of judiciary. A consolidated struggle of the bar and the bench lead to judicial revivalism in Pakistan. ______ Historical background Authoritarianism as a colonial legacy was incorporated in the political system of both Pakistan and India. From the very beginning India quite successfully tried to democratise itself. There ‘the rule of law was ever bent to subserve either executive action in the administration or the will of dominant elements of society’. On the other hand, Pakistan failed to make a worthwhile change to democratic rule after emerging from the debris of British colonialism. The colonial state was quickly replaced by authoritarian rulers, whether civilian or military. History of Pakistan has been defined by uneasy relationships between state institutions and civil society. In its executive-dominated state, the superior courts in particular have played unusually important part in determining the country’s political fate.1 The conflict between Pakistan’s executive orders and judicial authorities dates back to the era of Liaquat Ali Khan when the country was in its teething years. -
The "Chaudhry Court": Deconstructing the "Judicialization of Politics" in Pakistan
Washington International Law Journal Volume 25 Number 3 Asian Courts and the Constitutional Politics of the Twenty-First Century 6-1-2016 The "Chaudhry Court": Deconstructing the "Judicialization of Politics" in Pakistan Moeen H. Cheema Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, Constitutional Law Commons, and the Judges Commons Recommended Citation Moeen H. Cheema, The "Chaudhry Court": Deconstructing the "Judicialization of Politics" in Pakistan, 25 Wash. L. Rev. 447 (2016). Available at: https://digitalcommons.law.uw.edu/wilj/vol25/iss3/4 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2016 Washington International Law Journal Association THE “CHAUDHRY COURT”: DECONSTRUCTING THE “JUDICIALIZATION OF POLITICS” IN PAKISTAN Moeen H. Cheema† Abstract: The Supreme Court of Pakistan underwent a remarkable transformation in its institutional role and constitutional position during the tenure of the former Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry (2005–2013). This era in Pakistan’s judicial history was also marked by great controversy as the court faced charges that it had engaged in “judicial activism,” acted politically, and violated the constitutionally mandated separation of powers between institutions of the state. This article presents an in-depth analysis of the judicial review actions of the Chaudhry Court and argues that the charge of judicial activism is theoretically unsound and analytically obfuscating.