Punjab Judicial Academy Law Journal
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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. -
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. -
THE CASE for CHANGE a Review of Pakistan’S Anti-Terrorism Act of 1997
THE CASE FOR CHANGE A Review of Pakistan’s Anti-Terrorism Act of 1997 October 2013 A Report by the Research Society of International Law, Pakistan i PROJECT RESEARCHERS ISLAMABAD DIVISION Jamal Aziz Muhammad Oves Anwar LL.B (London), LL.M (UCL) LL.B (London), LL.M (SOAS), LL.M (Vienna), D.U. (Montpellier) Saad-ur-Rehman Khan Abid Rizvi LL.B (London), LL.M (Manchester) BA-LL.B (LUMS), LL.M (U.Penn) Aleena Zainab Alavi Zainab Mustafa LL.B (London), LL.M (Warwick) LL.B (London) LAHORE DIVISION Ali Sultan Amna Warsi J.D. (Virginia) LL.M (Punjab) Ayasha Warsi Moghees Khan LL.M (Punjab) LL.B (London), LL.M (Warwick) Mishael Qureshi LL.B (Lond.), LL.M (Sussex) INTERNS Muhammad Bin Majid Muhammad Abdul Ghani Awais Ahmad Khan Ghauri This material may not be copied, reproduced or transmitted in whole or in part without attribution to the Research Society of International Law (RSIL). Unless noted otherwise, all material is property of RSIL. Copyright © Research Society of International Law 2013. ii CONTENTS SUMMARY OF RECOMMENDATIONS .......................................................................................... IX CHAPTER ONE ....................................................................................................................................... 7 TERRORISM IN THE PAKISTANI CONTEXT .................................................................................. 7 1.1 TRENDS IN TERRORISM ........................................................................................................... 7 1.2 THE ANATOMY OF TERRORISM -
1 Embassy of the United States of America Islamabad, Pakistan Date
Embassy of the United States of America Islamabad, Pakistan Date: April 7, 2017 To: Offeror Page 1 of 4 Request Number: 6182398 From: International Narcotics and Law Enforcement Pakistan Procurement Department US Embassy Diplomatic Enclave, Ramna 5 Islamabad E-mail: [email protected] , [email protected]; POC: Nasir Ali Choudhari Phone: 92-51-201-4189 _________________________________________________________________________ Subject: Request for Price Quotation – Provision of Spike (Hedgehog) Barriers for different locations of Punjab Prison. A. The Embassy of the United States of America in Islamabad has a requirement of one hundred (100) units of Spike (Hedgehog) barriers as per below given specs/details. Provide your price quote on a priority basis for the this item/job: 1. ITEM DESCRIPTION S/No Item Description Quantity Unit Price Total Price (in PKR) ( in PKR) 1 Spike (Hedgehog) Barriers 5’ (arm length a set of 03 pieces welded at 90 degree angle) size of M.S. angle iron is 4”x4”x1/2” (only full gauge/sizes of angle Iron will be acceptable) Yellow painted (light reflection Paint) 100-Each The edges of the angles Iron in the air shall be sharply pointed to provide more security. The details of locations is 1. Central Jail Lahore 20 units 1 2. District Jail Lahore 05 units 3. Central Jail Faisalabad 20 units 4. Central Jail Bahawalpur 20 units 5. Central Jail Gujranwala 20 units 6. Inspectorate of Prison Punjab and DIG Prison office Lahore 15 units Picture for reference is attached below 2.TERMS & CONDITIONS Prices Please quote a delivered price (single price for all locations inclusive of loading, transportation, unloading for each location) for Punjab Prison. -
Expeditious Dispute Resolution Mechanism Within Formal Judicial System of Pakistan
1 Expeditious Dispute Resolution Mechanism within Formal Judicial System of Pakistan Paper presented at: National Judicial Conference 27th to 29th April, 2018, Supreme Court of Pakistan Islamabad. by Mr. Zia Ur-Rehman (Additional District and Sessions Judge) Sr. Director Administration Khyber Pakhtunkhwa Judicial Academy. Peshawar. e-mail: [email protected] WORKING PAPER: Not for citation or distribution without permission of the author. Abstract This paper provides the first comprehensive insight on Expeditious dispute resolution mechanism within Formal Judicial System of Pakistan, which is an important aspect of the current ever-expanding debate on the issue of delay and legal efficacy. Delay in justice system is a chronic phenomenon that is inherent in almost every judicial system, but the situation in Pakistan is particularly alarming. Delay is one of the major concerns that force people to settle their disputes out of the courts through other alternative dispute resolution mechanisms. Another reason could be related to the complexity of procedure. People in general are afraid of mishandling 2 cases by police, exploitation of lawyers and the complex court procedures. Litigation, therefore, is never the first choice of parties in Pakistan. They tend to opt for other informal dispute resolution mechanisms, such as jirga or panchayet. Despite their inadequacy in most of the legal matters. I would like to add from the Pakistani perspective that we have raised legions of individuals who are not attuned to their rights and would rather cave and settle over fighting it out in court. And this is one of the reasons why ADR has been introduced in many legal systems around the globe including Pakistan. -
Federal Judicial Academy Bulletin
FEDERAL JUDICIAL ACADEMY BULLETIN January - March, 2014 Mr. Parvaiz Ali Chawla, Director General, Federal Judicial Academy presenting souvenir to Hon’ble Mr. Justice Mian Saqib Nisar , Judge , Supreme Court of Pakistan Contents Hon'ble Mr. Justice Mushir Alam reiterates importance 01 of judicial training DG, FJA asks members of district judiciary to achieve 02 excellence in administration of justice Hon'ble Mr. Justice Anwar Zaheer Jamali asks 04 Superintendents of District and Sessions Courts to institutionalize their practical knowledge Superintendents of District and Sessions Courts 06 advised to work with honesty, devotion and diligence Hon'ble Mr. Justice Mian Saqib Nisar Improvement is always required to enhance 08 capacities: Hon'ble Chief Justice, Islamabad High Court Hon'ble Mr. Justice Mian Saqib Nisar urges judges, 09 lawyers to attain command on law Rule of law creates order, harmony in society 10 Hon'ble Mr. Justice Ejaz Afzal Khan Hon'ble Mr. Justice Amir Hani Muslim asks young 12 judges about effective time management Hon'ble Mr. Justice Ijaz Ahmed Chaudhry asks 13 Editorial Board Family Court Judges to save estranged families from break up Patron-in-Chief Family Court Judges asked for speedy settlement of 15 family disputes: Hon'ble Mr. Justice Riaz Ahmad Khan Hon'ble Mr. Justice Tassaduq Hussain Jillani Enrich knowledge of law, interpret, apply and 16 implement it with highest degree of accuracy Chief Justice of Pakistan/Chairman BoG Hon'ble Mr. Justice Dost Muhammad Khan Editor-in-Chief Judges can play their role to reform 18 society: Hon'ble Mr. Justice Ejaz Afzal Khan Parvaiz Ali Chawla Director General Hon'ble Mr. -
Freedom of Religion & Religious Minorities in Pakistan: a Study Of
Fordham International Law Journal Volume 19, Issue 1 1995 Article 5 Freedom of Religion & Religious Minorities in Pakistan: A Study of Judicial Practice Tayyab Mahmud∗ ∗ Copyright c 1995 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Freedom of Religion & Religious Minorities in Pakistan: A Study of Judicial Practice Tayyab Mahmud Abstract Pakistan’s successive constitutions, which enumerate guaranteed fundamental rights and pro- vide for the separation of state power and judicial review, contemplate judicial protection of vul- nerable sections of society against unlawful executive and legislative actions. This Article focuses upon the remarkably divergent pronouncements of Pakistan’s judiciary regarding the religious status and freedom of religion of one particular religious minority, the Ahmadis. The superior judiciary of Pakistan has visited the issue of religious freedom for the Ahmadis repeatedly since the establishment of the State, each time with a different result. The point of departure for this ex- amination is furnished by the recent pronouncement of the Supreme Court of Pakistan (”Supreme Court” or “Court”) in Zaheeruddin v. State,’ wherein the Court decided that Ordinance XX of 1984 (”Ordinance XX” or ”Ordinance”), which amended Pakistan’s Penal Code to make the public prac- tice by the Ahmadis of their religion a crime, does not violate freedom of religion as mandated by the Pakistan Constitution. This Article argues that Zaheeruddin is at an impermissible variance with the implied covenant of freedom of religion between religious minorities and the Founding Fathers of Pakistan, the foundational constitutional jurisprudence of the country, and the dictates of international human rights law. -
Judicial Law-Making: an Analysis of Case Law on Khul' in Pakistan
Judicial Law-Making: An Analysis of Case Law on Khul‘ in Pakistan Muhammad Munir* Abstract This work analyses case law regarding khul‘ in Pakistan. It is argued that Balqis Fatima and Khurshid Bibi cases are the best examples of judicial law- making for protecting the rights of women in the domain of personal law in Pakistan. The Courts have established that when the husband is the cause of marital discord, then he should not be given any compensation; and that the mere filing of a suit for khul‘ by the wife means that hatred and aversion have reached a degree sufficient for courts to grant her the separation she is seeking by resorting to her right of khul‘. The new interpretation of section 10(4) of the West Pakistan Family Courts Act, 1964 by Courts in Pakistan is highly commendable. Key words: khul‘, Pakistan, Muslim personal law, judicial khul‘, case law. * [email protected] The author, is Associate Professor at Faculty of Shari‘a & Law, International Islamic University, Islamabad, and Visiting Professor of Jurisprudence and Islamic Law at the University College, Islamabad. He wishes to thank Yaser Aman Khan and Hafiz Muhammad Usman for their help. He is very thankful to Professor Brady Coleman and Muhammad Zaheer Abbas for editing this work. The quotations from the Qur’an in this work are taken, unless otherwise indicated, from the English translation by Muhammad Asad, The Message of the Qur’an (Wiltshire: Dar Al-Andalus, 1984, reprinted 1997). Islamabad Law Review Introduction The superior Courts in Pakistan have pioneered judicial activism1 regarding khul‘. -
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. -
Law Review Islamabad
Islamabad Law Review ISSN 1992-5018 Volume 1, Number 1 January – March 2017 Title Quarterly Research Journal of the Faculty of Shariah & Law International Islamic University, Islamabad ISSN 1992-5018 Islamabad Law Review Quarterly Research Journal of Faculty of Shariah& Law, International Islamic University, Islamabad Volume 1, Number 1, January – March 2017 Islamabad Law Review ISSN 1992-5018 Volume 1, Number 1 January – March 2017 The Islamabad Law Review (ISSN 1992-5018) is a high quality open access peer reviewed quarterly research journal of the Faculty of Shariah & Law, International Islamic University Islamabad. The Law Review provides a platform for the researchers, academicians, professionals, practitioners and students of law and allied fields from all over the world to impart and share knowledge in the form of high quality empirical and theoretical research papers, essays, short notes/case comments, and book reviews. The Law Review also seeks to improve the law and its administration by providing a forum that identifies contemporary issues, proposes concrete means to accomplish change, and evaluates the impact of law reform, especially within the context of Islamic law. The Islamabad Law Review publishes research in the field of law and allied fields like political science, international relations, policy studies, and gender studies. Local and foreign writers are welcomed to write on Islamic law, international law, criminal law, administrative law, constitutional law, human rights law, intellectual property law, corporate law, competition law, consumer protection law, cyber law, trade law, investment law, family law, comparative law, conflict of laws, jurisprudence, environmental law, tax law, media law or any other issues that interest lawyers the world over. -
(Advisory Jurisdiction) PRESENT: Mr. Justice Gulzar Ahmed, CJ Mr
SUPREME COURT OF PAKISTAN (Advisory Jurisdiction) PRESENT: Mr. Justice Gulzar Ahmed, CJ Mr. Justice Mushir Alam Mr. Justice Umar Ata Bandial Mr. Justice Ijaz ul Ahsan Mr. Justice Yahya Afridi REFERENCE NO.1 OF 2020 [Reference by the President of the Islamic Republic of Pakistan, under Article 186 of the Constitution of the Islamic Republic of Pakistan, 1973] For the Federation : Mr. Khalid Jawed Khan, [in Reference No.1/2020] Attorney General for Pakistan [in CMA.127-128, 170, Mr. Sohail Mehmood, Addl. Attorney General 989,1293/2021] for Pakistan Mr. Ayaz Shaukat, DAG [Assisted by Ms. Maryum Rasheed, Advocate] For the National Assembly : Mr. Abdul Latif Yousafzai, Sr. ASC [in CMA.278/2021] Mr. Muhammad Mushtaq, Addl. Secretary (Legislation) Mr. Muhammad Waqar, DPO (Lit.) For the Senate of Pakistan : Senator Muhammad Ali Khan Saif [in CMA.296/2021] Mr. Muhammad Javed Iqbal, DD For the Election Commission : Mr. Sikandar Sultan Raja, Chief Election [in CMA.210, 808, 880, 983, Commissioner 1010/2021] Mr. Justice (R) Muhammad Iltaf Ibrahim Qureshi, Member (Punjab) Mrs. Justice (R) Irshad Qaiser, Member (KP) Mr. Shah Mehmood Jatoi, Member (Balochistan) Mr. Nisar Ahmed Durrani, Member (Sindh) Mr. Sajeel Shehryar Swati, ASC Mr. Sana Ullah Zahid, ASC, L.A. Dr. Akhtar Nazir, Secretary Mr. Muhammad Arshad, DG (Law) For Government of Punjab : Mr. Ahmed Awais, AG [in CMA.95/2021] Barrister Qasim Ali Chohan, Addl.AG Ms. Imrana Baloch, AOR For Government of Sindh : Mr. Salman Talib ud Din, AG [in CMA.386/2021] Mr. Sibtain Mahmud, Addl.AG (via video link from Karachi) For Government of KP : Mr. -
CONSTITUTION PETITION NO.35 of 2016 (Under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973)
IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: Mr. Justice Mian Saqib Nisar, HCJ Mr. Justice Umar Ata Bandial Mr. Justice Faisal Arab CONSTITUTION PETITION NO.35 OF 2016 (Under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973) Muhammad Hanif Abbasi ... … Petitioner VERSUS Imran Khan Niazi and others … ... Respondents . For the Petitioner : Mr. Muhammad Akram Sheikh, Sr. ASC (Assisted by Ms. Maryam Rauf and Ms. Umber Bashir, Advocates) Mr. Tariq Kamal Qazi, Advocate (With permission of the Court) Syed Rifaqat Hussain Shah, AOR For Respondent No.1 : Mr. Naeem Bukhari, ASC (Assisted by Mr. Kashif Nawaz Siddiqui, Advocate) Ch. Akhtar Ali, AOR For Respondent No.2 : Mr. Anwar Mansoor Khan, Sr. ASC (Assisted by Barrister Umaima Anwar, Advocate) Mr. Faisal Farid Hussain, ASC Mr. Fawad Hussain Chaudhry, ASC Ch. Akhtar Ali, AOR For Respondent No.3 : Mr. Muhammad Waqar Rana, Additional Attorney General for Pakistan Mr. M. S. Khattak, AOR For Election Commission : Raja M. Ibrahim Satti, Sr. ASC of Pakistan Raja M. Rizwan Ibrahim Satti, ASC Mr. M. Arshad, D.G. (Law), ECP Malik Mujtaba Ahmed, Addl.D.G.(Law) ECP On Court’s notice : Mr. Ashtar Ausaf Ali, Attorney General for Pakistan Dates of Hearing : 3.5.2017, 4.5.2017, 8.5.2017, 9.5.2017, 10.5.2017, 11.5.2017, 23.5.2017, 24.5.2017, 25.5.2017, 30.5.2017,31.5.2017 Const.P.35 of 2016 2 1.6.2017, 13.6.2017, 14.6.2017, 11.7.2017, 13.7.2017, 25.7.2017, 31.7.2017, 1.8.2017, 2.8.2017, 3.8.2017, 12.9.2017, 26.9.2017, 28.9.2017, 3.10.2017, 4.10.2017, 5.10.2017, 10.10.2017, 11.10.2017, 12.10.2017, 17.10.2017, 18.10.2017, 19.10.2017, 23.10.2017, 24.10.2017, 25.10.2017, 7.11.2017, 8.11.2017, 9.11.2017 and 14.11.2017 .