Annual Report 2011
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State Responses to Honour Killings
CONTENTS TIIVISTELMÄ .....................................................................................V ABBREVIATIONS............................................................................... X 1 INTRODUCTION.................................................................................................1 1.1 DEFINING AND CONTEXTUALISING HONOUR KILLINGS ....................................4 1.2 WHY ‘HONOUR KILLINGS’? SOME TERMINOLOGICAL REMARKS AS TO HONOUR AND PASSION ................................................................................................9 1.3 AIM AND STRUCTURE OF THE STUDY.............................................................13 2 STATE RESPONSES TO HONOUR KILLINGS .........................................15 2.1 LEGISLATION, LAW ENFORCEMENT AND ADJUDICATION RELEVANT TO HONOUR KILLINGS.....................................................................................................15 2.1.1 Codified means for mitigating penalties in honour killing cases................16 2.1.1.1 Discriminatory provisions relating to provocation and extenuating circumstances...................................................................................................16 2.1.1.2 The Qisas and Diyat Ordinance of Pakistan ........................................19 2.1.2 Discriminatory application of general provocation and extenuating circumstances provisions .....................................................................................21 2.1.3 Honour killings and the impact of culture, traditions and customs -
Annual Report 2000
Mohtasib (Ombudsman)’s ANNUAL REPORT 2000 WAFAQI MOHTASIB (OMBUDSMAN)’S SECRETARIAT ISLAMABAD – PAKISTAN Tele: (92)-(51)-9201665–8, Fax: 9210487, Telex: 5593 WMS PK E-mail: [email protected] A Profile of the Ombudsman Mr. Justice Muhammad Bashir Jehangiri, the Senior Puisne Judge of the Supreme Court of Pakistan was administered oath of the Office of Acting Ombudsman of Pakistan by the President of the Islamic Republic of Paki- stan at Aiwan-e-Sadr (President’s House), Islamabad on 10th February, 2000. Mr. Justice Muhammad Bashir Jehangiri has rich experience in the legal profession and the judiciary, acquired over a period of about 38 years. His Lordship was born on 1st February, 1937 at Mansehra, NWFP. He received his school education in Lahore, obtaining distinctions and did B.A. (First-Class-First) from Abbottabad in 1960. He obtained his LL.B degree from the University Law College, Peshawar in 1962 and joined the Bar in February, 1963. After qualifying the West Pakistan P.C.S. (Judicial Branch) Exami- nation, he was appointed as Civil Judge on 7th March, 1966. After serving at various stations as Civil Judge and Senior Civil Judge, he was promoted as Additional District and Sessions Judge on 6th July, 1974 and as District and Sessions Judge on 24th October, 1974. His Lordship served as Judicial Commissioner, Northern Areas, from June, 1979 to December, 1982. He remained Special Judge, Customs, Taxation and Anti-smuggling (Central), Peshawar from March, 1983 to September, 1984. He took-over the charge as Joint Secretary, Ministry of Justice and Parliamentary Affairs (Justice Division), Islamabad on iii 12.9.1984. -
A Study of the Supervisory System of School Education in Sindh Province of Pakistan
A STUDY OF THE SUPERVISORY SYSTEM OF SCHOOL EDUCATION IN SINDH PROVINCE OF PAKISTAN By Mc) I-i a mm aci. I sma i 1 13x--cptil Thesis submitted to the University of London in fulfilment of the requirement for the degree of Doctor of Philosophy in Educational Administration. Department of Curriculum Studies Institute of Education University of London March 1991 USSR r- • GILGIT AGENCY • PAKISTAN I ADMINISTRATIVE DIVISIONS q PESH4WAA ISLAMABAD OCCUPIED KASHMIR ( • MIRPUR (AK) RAWALPINDI \., .L.d.) 1■ •-....., CO f ) GUJRAT • --"'-',. • GUJRANWALA X' / 1).--1. •• .'t , C, p.'fj\.,./ ' • X • •• FAISALABAD LAHORE- NP* ... -6 , / / PUNJAB • ( SAHIWAL , / • ....-• .1 • QUETTA MULTAN I BALUCHISTAN RAHIMYAR KHAN/ • .1' \ •,' cc SINDH MIRPURKHAS %.....- \ • .■. • HYDERABAD •( ARABIAN SEA ABSTRACT The role of the educational supervisor is pivotal in ensuring the working of the system in accordance with general efficiency and national policies. Unfortunately Pakistan's system of educational management and supervision is too much entrenched in the legacy of past and has not succeeded, over the last forty years, in modifying and reforming itself in order to cope with the expanding and changing demands of eduCation in the country since independence( i.e. 1947). The empirical findings of this study support the following. Firstly, the existing style of supervision of secondary schools in Sindh, applied through traditional inspection of schools, is defective and outdated. Secondly, the behaviour of the educational supervisor tends to be too rigid and autocratic . Thirdly, the reasons for the resistance of existing system of supervision to change along the lines and policies formulated in recent years are to be found outside the education system and not merely within the education system or within the supervisory sub-system. -
File-1 Intro Paes
Special Bulletin 2002 Karo Kari TorTora, Siyahkari, Kala Kali “There is no ‘honour’ in killing” National Seminar Report 25 November 2001, Lahore PDF created with pdfFactory Pro trial version www.pdffactory.com The use of any material from this publication is to be acknowledged. Editors: Nabila Malick, Ishrat Saleem, Insha Hamdani Printed by Arqam, Lahore (2003) Tanslation: Mohammad Ali and Ali Zeeshan For funding we thank: Novib, Norad, SDC and Dfid Published by Shirkat Gah Women’s Resource Centre P.O. Box. 5192, Email: [email protected] [email protected] Lahore, Pakistan. P.O.Box. 13871 , Email: [email protected] Karachi, Pakistan P.O.Box. 747, [email protected] Peshawar, Pakistan. PDF created with pdfFactory Pro trial version www.pdffactory.com Glossary diyat blood money payable to the heirs of a victim in case of murder faislo variously used in Sindhi for the resolution of a dispute, a decision and a judgement; also used to describe the traditional system of adjudication/settlement ghairat honour hadith sayings of the Prophet Mohammad (pbuh) harjana compensation ijtahad interpretation by the Muslim community iwaz compensation in the form of girl or money jirga tribal council kala kali refers to honour killings in Punjab where the victims are accused of illicit relationship (kala being man; kali being woman) karo kari refers to honour killings in Sindh where the victims are accused of illicit relationship (karo being man; kari being woman) khoon-baha blood money kot village mairh a delegation of local notables -
Building Judicial Independence in Pakistan
BUILDING JUDICIAL INDEPENDENCE IN PAKISTAN 10 November 2004 Asia Report N°86 Islamabad/Brussels TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION .......................................................................................................... 1 II. THE STRUCTURE AND HISTORY OF PAKISTAN'S JUDICIARY.................... 2 A. THE STRUCTURE OF PAKISTAN'S JUDICIARY ............................................................................2 B. COURTS AND POLITICS: PRE-1999 ENTANGLEMENTS.........................................................3 C. THE SUPREME COURT AND THE 12 OCTOBER 1999 COUP ..................................................5 III. JUDICIAL APPOINTMENTS AND PROMOTIONS ............................................... 6 A. THE CONSTITUTIONAL FRAMEWORK.....................................................................................6 B. APPOINTMENTS AND PROMOTIONS IN PRACTICE..................................................................8 C. REFORMING THE APPOINTMENT AND PROMOTION OF JUDGES ...........................................11 IV. THE REMOVAL OF JUDGES................................................................................... 12 A. MEANS OF REMOVING JUDGES............................................................................................12 B. REFORMING REMOVALS AND STEMMING CORRUPTION.......................................................13 C. "ADDITIONAL" HIGH COURT JUDGES ..................................................................................14 -
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. -
Punjab Judicial Academy Law Journal
Punjab Judicial Academy Law Journal June, 2020 Copyright © 2020 by PUNJAB JUDICIAL ACADEMY 2 Punjab Judicial Academy Law Journal (PJALJ) Published by: The Punjab Judicial Academy 15-Fane Road, Lahore Tel: +92-42-99214055-58 Email: [email protected] www.pja.gov.pk 3 ACKNOWLEDGEMENTS The Editorial Team of this first volume of the Punjab Judicial Academy Law Journal wish to thank Professor Dr. Dil Muhammad Malik, former Principal and Dean Faculty of Law, Punjab University Law College, Lahore, Dr. Khursheed Iqbal, AD&SJ, Mardan, Dr. Muhammad Ahmad Munir Mughal, In-charge Publications/Deputy Editor, Islamic Studies, IIU, Islamabad and Dr. Shahbaz Ahmad Cheema, Assistant Professor, Punjab University Law College, Lahore for their assistance in the publication of the this Journal. 4 EDITORIAL TEAM Patron-in-Chief: Honourable Mr. Justice Muhammad Qasim Khan, Chief Justice, Lahore High Court, Lahore / Chairperson, Board of Management, Punjab Judicial Academy Patrons: Honourable Mr. Justice Syed Shahbaz Ali Rizvi, Member, Board of Management, Punjab Judicial Academy Honourable Mr. Justice Shehram Sarwar Ch., Member, Board of Management, Punjab Judicial Academy. Editor-in-Chief: Mr. Habibullah Amir, Director General, Punjab Judicial Academy Editor: Mr. Muhammad Azam, Director (Research & Publications), Punjab Judicial Academy Member Editorial Board: Syed Nasir Ali Shah 5 C O N T E N T S (1) A REVIEW OF THE BOOK “FAMILY LAWS IN PAKISTAN, BY MUHAMMAD ZUBAIR ABBASI AND SHAHBAZ AHMAD CHEEMA, KARACHI: OXFORD UNIVERSITY PRESS,2018” 7 Justice (R) Dr. Munir Ahmad Mughal (2) CLASSIFICATION OF PRISONERS INTO ORDINARY, BETTER, AND POLITICAL CLASS IN THE PRISONS ON ACCOUNT OF SOCIAL STATUS: A DENIAL OF LAW OF EQUALITY 17 Dr. -
The Call for Pakistan's Executive Task Force for Religious Tolerance
BYU Law Review Volume 2020 Issue 1 Article 8 Fall 9-30-2020 With an Even Hand: The Call for Pakistan’s Executive Task Force for Religious Tolerance J. Clifford Wallace Follow this and additional works at: https://digitalcommons.law.byu.edu/lawreview Part of the Law Commons Recommended Citation J. Clifford Wallace, With an Even Hand: The Call for Pakistan’s Executive Task Force for Religious Tolerance, 2020 BYU L. Rev. 69 (2020). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2020/iss1/8 This Article is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. 004.W ALLACE_FIN.DOCX (DO NOT DELETE) 9/25/20 11:53 AM With an Even Hand: The Call for Pakistan’s Executive Task Force for Religious Tolerance Hon. J. Clifford Wallace* There are times when the right person is in the right position to cause a dramatic change in the course of the history of a country and its people’s rights. I believe, and others may also, one of those times was June 19, 2014. It was on this day that former Chief Justice Tassaduq Hussain Jillani of Pakistan filed his authored opinion on behalf of the Supreme Court of Pakistan, blazing a new trail in his country’s decades’ long struggle dealing with minority religious rights. It may seem odd that this has been such a problem in Pakistan. -
PLD 2001 Supreme Court 607
PLD 2001 Supreme Court 607 Present: Irshad Hasan Khan, CJ. Muhammad Bashir Jehangiri, Ch. Muhammad Arif and Qazi Muhammad Farooq, JJ KHAN ASFANDYAR WALI and others---Petitioners versus FEDERATION OF PAKISTAN through Cabinet Division, Islamabad and others--- Respondents Constitutional Petitions Nos. 13, 10, 27, 15, 16, 17, 28, 24, 26, O1, 14,19, 20, 32 and 33 of 2000 decided on 24th April, 2001. (a) Constitution of Pakistan (1973)--- ----Art.184(3)---National Accountability Bureau Ordinance (XVIII of 1999), Preamble--- Constitutional petition under. Art.184(3) of the Constitution before Supreme Court--- Maintainability ---Vires of National Accountability Bureau Ordinance, 1999--- Constitutional petitions were admitted for hearing as questions raised therein ,(detailed below) were matters of first impression and of great public importance involving Fundamental Rights, as ordained by Art.184(3 , of the Constitution and there was another circumstance that Supreme Court had commented upon in the case of S Yed Zafar Ali Shah and others v General Pervez Mussharaf, Chief Executive of Pakistan and others reported as PLB 2000 SC 869 that "the validity of National Accountability Bureau Ordinance, 1999 will be examined separately in appropriate proceedings at appropriate stage." Following are the common points emerging from the Constitutional petitions for consideration of the Court: "(i) Whether the impugned Ordinance creates a parallel judicial system in disregard of the provisions of Articles 175, 202 and 203 of the Constitution and is violative of the law laid down by this Court in the case of Mehram Ali and others v. Federation and others (PLD 1998 SC 1445)? (ii) Whether section 2 of the impugned Ordinance whereby it deems to have come into force with effect from 1-1-1985 being retrospective contravenes the Fundamental .Right enshrined in _ Article 12 of the Constitution insofar as it creates a new offence of 'wilful default' with retrospective effect? (iii) Whether section 5(r) of the impugned Ordinance which defines `wilful default' negates the. -
Pakistan's Institutions
Pakistan’s Institutions: Pakistan’s Pakistan’s Institutions: We Know They Matter, But How Can They We Know They Matter, But How Can They Work Better? Work They But How Can Matter, They Know We Work Better? Edited by Michael Kugelman and Ishrat Husain Pakistan’s Institutions: We Know They Matter, But How Can They Work Better? Edited by Michael Kugelman Ishrat Husain Pakistan’s Institutions: We Know They Matter, But How Can They Work Better? Essays by Madiha Afzal Ishrat Husain Waris Husain Adnan Q. Khan, Asim I. Khwaja, and Tiffany M. Simon Michael Kugelman Mehmood Mandviwalla Ahmed Bilal Mehboob Umar Saif Edited by Michael Kugelman Ishrat Husain ©2018 The Wilson Center www.wilsoncenter.org This publication marks a collaborative effort between the Woodrow Wilson International Center for Scholars’ Asia Program and the Fellowship Fund for Pakistan. www.wilsoncenter.org/program/asia-program fffp.org.pk Asia Program Woodrow Wilson International Center for Scholars One Woodrow Wilson Plaza 1300 Pennsylvania Avenue NW Washington, DC 20004-3027 Cover: Parliament House Islamic Republic of Pakistan, © danishkhan, iStock THE WILSON CENTER, chartered by Congress as the official memorial to President Woodrow Wilson, is the nation’s key nonpartisan policy forum for tackling global issues through independent research and open dialogue to inform actionable ideas for Congress, the Administration, and the broader policy community. Conclusions or opinions expressed in Center publications and programs are those of the authors and speakers and do not necessarily reflect the views of the Center staff, fellows, trustees, advisory groups, or any individuals or organizations that provide financial support to the Center. -
The Politics of Federalism in Pakistan
The Politics of Federalism in Pakistan: An Analysis of the Major Issues of 18th and 20th Amendments Submitted by: Kamran Naseem Ph. D. Scholar Politics &I R Reg. No.22-SS/ Ph. D IR/ F 08 Supervisor: Dr. Amna Mahmood Department of Politics and IR Faculty of Social Sciences International Islamic University Islamabad 1 Table of Contents Introduction …………………………..……………………….…………………... 20-30 I.I State of the Problem I.II Scope of Thesis I.III Literature Review I.IV Significance of the Study I.V Objectives of the Study I.VI Research Questions I.VII Research Methodology I.VIII Organization of the Study Chapter 1 Theoretical Framework ………..……………………………...……… 31-56 1.1 Unitary System 1.2 Some Similarities in Characteristics of the Federal States 1.2.1 Distribution of Powers 1.2.2 Independence of the Judiciary 1.2.3 Two Sets of Government 1.2.4 A Written Constitution 1.3 Federalism is Debatable 1. 4 Ten Yardsticks of Federalism 1.4.1 One: Comprehensive Control over Foreign Policy 1.4.2 Two: Exemption against Separation 1.4.3 Three: Autonomous Domain of the Centre 1.4.4 Four: The Federal Constitution and Amendments 1.4.5 Five: Indestructible Autonomy and Character 1.4.6 Six: Meaningful and Remaining Powers 1.4.7 Seven: Representation on parity basis of unequal Units and Bicameral Legislature at Central Level 1.4.8 Eight: Two Sets of Courts 1.4.9 Nine: The Supreme Court 2 1.4.10 Ten: Classifiable Distribution of Power 1.4.11 Debatable Results of Testing the Yardsticks of Federalism 1.5 Institutional theory 1.5.1 Old Institutionalism 1.5.2 The New Institutionalism -
Comparative Constitutional Law SPRING 2012
Comparative Constitutional Law SPRING 2012 PROFESSOR STEPHEN J. SCHNABLY Office: G472 http://osaka.law.miami.edu/~schnably/courses.html Tel.: 305-284-4817 E-mail: [email protected] SUPPLEMENTARY READINGS: TABLE OF CONTENTS Reference re Secession of Quebec, [1998] 2 S.C.R. 217 .................................................................1 Supreme Court Act, R.S.C., 1985, c. S-26. An Act respecting the Supreme Court of Canada................................................................................................................................11 INS v. Chadha, 462 U.S. 919 (1983) .............................................................................................12 Kenya Timeline..............................................................................................................................20 Laurence Juma, Ethnic Politics and the Constitutional Review Process in Kenya, 9 Tulsa J. Comp. & Int’l L. 471 (2002) ..........................................................................................23 Mary L. Dudziak, Working Toward Democracy: Thurgood Marshall and the Constitution of Kenya, 56 Duke L.J. 721 (2006)....................................................................................26 Laurence Juma, Ethnic Politics and the Constitutional Review Process in Kenya, 9 Tulsa J. Comp. & Int’l L. 471 (2002) .......................................................................................34 Migai Akech, Abuse of Power and Corruption in Kenya: Will the New Constitution Enhance Government