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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. -
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. -
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. -
Address by Mr. Justice Iftikhar Muhammad Chaudhry Chief Justice of Pakistan at the Inaugural Session of South Asia Conference
ADDRESS BY MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY CHIEF JUSTICE OF PAKISTAN AT THE INAUGURAL SESSION OF SOUTH ASIA CONFERENCE ON ENVIRONMENTAL JUSTICE HELD UNDER THE AEIGIS OF THE SUPREME COURT OF PAKISTAN PEARL CONTINENTAL BHURBAN 24-25 MARCH 2012 2 Hon’ble Chief Justices; Hon’ble Judges; Distinguished Guests; Ladies and Gentlemen: Assalam-o-Alaikum! It is an occasion of extreme pleasure for me to be present here and to address the inaugural session of the South Asia Conference on Environmental Justice organized under the auspices of the Supreme Court of Pakistan in coordination with the Asian Development Bank and the International Union for Conservation of Nature (IUCN). Man has made a success in the development of science and technology for his comfort and ease but unfortunately, this has been done at the cost of our environment. The environment concerns have crossed the State frontiers, and have developed a new branch of International law. The environmental hazards are now not the issue of any individual State but have become collective and global concerns. Undoubtedly, since the Second World War, enormous legal instruments were formulated in shape of international treaties and conventions, but still its implementations is a matter of prime concern. Developed countries besides making great progress in science and technology have also evolved and implemented mechanisms for the preservation and conservation of environment issues in their respective countries. The developed countries, in the light of Stockholm 1972 and Rio 1992 conventions, should respond to their obligations to transfer financial resources and technology to the developing countries. Many developing countries have made comprehensive legislation on the environmental issues, but mere legislation would not be enough without scientific knowledge and resources. -
Annual Report 2011
2012-14 ANNUAL REPORT Law and Justice Commission of Pakistan, Supreme Court Building, Constitution Avenue, Islamabad THE ANNUAL REPORTS ARE ALSO AVAILABLE ON THE COMMISSION’S WEBSITE. FOR FURTHER INFORMATION, PLEASE CONTACT THE COMMISSION’S SECRETARIAT AT THE FOLLOWING ADDRESS: LAW AND JUSTICE COMMISSION OF PAKISTAN SUPREME COURT BUILDING CONSTITUTION AVENUE ISLAMABAD, PAKISTAN TEL: 092-51-9208752 FAX: 092-51-9214797 092-51-9214416 EMAIL: [email protected] WEBSITE: www.ljcp.gov.pk TABLE OF CONTENTS S. # CONTENTS PAGE NUMBER Foreword Introduction 1. Profiles of Chairmen and Members of Law and Justice Commission 6 of Pakistan 1.1 Mr. Justice Iftikhar Muhammad Chaudhry, 6 Chief Justice of Pakistan 1.2 Mr. Justice Tassaduq Hussain Jillani, 9 Chief Justice of Pakistan 1.3 Mr. Justice Nasir-ul-Mulk 17 Chief Justice of Pakistan 1.4 Mr. Justice Agha Rafiq Ahmed Khan 18 Chief Justice, Federal Shariat Court 1.5 Mr. Justice Sardar Muhammad Raza 20 Chief Justice, Federal Shariat Court 1.6 Mr. Justice Sh. Azmat Saeed 21 Chief Justice, Lahore High Court 1.7 Mr. Justice Mushir Alam 22 Chief Justice, High Court of Sindh 1.8 Mr. Justice Dost Muhammad Khan 23 Chief Justice, Peshawar High Court 1.9 Mr. Justice Umar Ata Bandial 24 Chief Justice, Lahore High Court 1.10 Mr. Justice Qazi Faez Isa 25 Chief Justice, High Court of Balochistan 1.11 Mr. Justice Maqbool Baqar, 26 Chief Justice, High Court of Sindh 1.12 Mr. Justice Mian Fasih-ul-Mulk 27 Chief Justice, Peshawar High Court 1.13 Mr. Justice Muhammad Anwar Khan Kasi 28 Chief Justice, Islamabad High Court 1.14 Mr. -
Disclaimer: the Views and Opinions Expressed In
Disclaimer: The views and opinions expressed in this paper are those of the authors and do not necessarily reflect the official policy or position of the Legal Aid Society, DAI Pakistan or the Foreign Commonwealth Office. The contents of this Research Paper are the exclusive Intellectual Property of the Legal Aid Society and any unauthorized reproduction, distribution, modification, use, or transmission of this work in any form or by any means, including photocopying or through any other electronic or mechanical methods is illegal and will constitute infringement of such Intellectual Property Rights. The Legal Aid Society shall be identified as the copyright owner on any authorized reproduction, distribution, use or transmission of this work. Rights? What Rights? An Analysis of Emerging Human Rights from Constitutional Case Law in Pakistan Maliha Zia is an Advocate High Court with an LLM in International Protection of Human Rights from School of Oriental and African Studies (University of London), London. She is a researcher, trainer, legislative drafter and an Advocate, consulting on gender, law, religious minorities and human rights. She can be contacted at [email protected] Barrister Aiyan Bhutta is an Advocate High Court and a Barrister-at-Law from Lincoln’s Inn. He is a practicing lawyer specializing in the field of criminal law. Apart from undertaking criminal trials, Aiyan regularly represents individuals in Criminal Appeals before the High Courts of Pakistan. Moreover, Aiyan also has experience training different actors within the criminal justice system in areas such as international human rights law, laws relating to women and minorities along with research and advocacy skills. -
Part 5 Sindh
Environmentalw ain Pakistan L Governing Natural Resources and the Processes and Institutions That Affect Them Part 5 Sindh Environmental Law in Pakistan Governing Natural Resources and the Processes and w in Pakistan Institutions That Affect Them Sindh Contents Abbreviations ........................................................................................................................ 5 Introduction to the Series .................................................................................................... 6 Foreword................................................................................................................................ 7 Acknowledgements .............................................................................................................. 9 1. Legislative Jurisdiction ............................................................................................ 10 1.1 Natural Resources .....................................................................................................................10 1.2 Processes and Institutions.........................................................................................................12 2. Methodology.............................................................................................................. 18 3. Hierarchy of Legal Instruments ............................................................................... 19 3.1 Legislative Acts..........................................................................................................................19 -
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 Anwar Zaheer Jamali Mr. Justice Sarmad Jalal Osmany Mr. Justice Amir Hani Muslim Mr. Justice Ghulam Rabbani SUO MOTU CASE NO. 16 OF 2011 [Suo Motu Action regarding law and order situation in Karachi] AND CONSTITUTION PETITION NO. 61 OF 2011 Watan Party & another … PETITIONERS VERSUS Federation of Pakistan & others … RESPONDENTS Petitioner: Barrister Zafarullah Khan, ASC (Const. P. 61/2011) On Court notice: Maulvi Anwar-ul-Haq, Attorney General for Pakistan Syed Ashiq Raza, DAG Mr. M. Shoaib Shaheen, DAG Raja Aleem Abbasi, DAG Ms. Asma Jehangir, ASC/President SCBA Mr. Anwar Mansoor Khan, Sr. ASC/President, SHCBA Mr. Abdul Fattah Malik, AG Sindh Mr. Shahadat Awan, P.G. Sindh Mr. Wajid Ali Durrani, I.G.P, Sindh Mr. Saud Ahmad Mirza, Addl. I.G. Sindh Mr. Anwar Subhani, Legal Consultant For Province of Sindh: Mr. Abdul Hafeez Pirzada, Sr. ASC [assisted by Mr. Abdul Sattar Pirzada, Adv.] For the Federation: Dr. Babar Awan, Sr. ASC Mr. A.S.K. Ghouri, AOR SMC 16/2011 ETC. 2 For M/o Interior: Mr. Arif Chaudhry, ASC Mr. A.S.K. Ghouri, AOR For the applicant: Syed Iftikhar Hussain Gillani, Sr. ASC (CMA 4108/2011) For the applicant: Mr. Abdul Mujeeb Pirzada, Sr. ASC (CMA 531-K/2011) Mr. Mazhar Ali B. Chohan, AOR Applicants: Mr. Muhammad Aqil, Advocate, President KBA (CMA 532-K/2011) Syed Haider Imam Rizvi, Advocate, Gen. Secy. Mr. Iftikhar Javed Qazi, ASC, Vice Chairman Sindh Bar Council For the applicant: 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. -
525 111 Dissenting Opinion of Judge Ad Hoc Jillani
525 DISSENTING OPINION OF JUDGE AD HOC JILLANI India’s Application is inadmissible because its conduct amounts to an abuse of rights — The 2008 Agreement between India and Pakistan governs specifically questions of consular access and assistance in cases of arrest and detention on national security grounds — Pakistan lawfully withheld consular access and assistance while examining the case of Mr. Jadhav on its merits — Even if the Vienna Convention is applicable in the present case, Pakistan has committed no breach of Article 36 thereof — Pakistan has already in place the procedures necessary for ensuring the effective review and reconsideration of the conviction and sentence of Mr. Jadhav. 1. Much to my regret and with greatest respect, I could not endorse several parts of the Judgment and some fundamental points. First, I con- sider that the Court should have found India’s Application to be inadmis- sible in light of its conduct in the present case, which amounts to an abuse of rights. In my view, India’s reliance on the Vienna Convention on Con- sular Relations (hereinafter “Vienna Convention” or “VCCR”) in the present case is misplaced and subverts the very object and purpose of that instrument. Second, the Court has misconstrued and rendered meaning- less Article 73, paragraph 2, of the Vienna Convention, which does not preclude States parties from entering into subsequent bilateral agree- ments. Notwithstanding that, the Court has ignored the legal effect of the 2008 Agreement on Consular Access between India and Pakistan (herein- after “2008 Agreement”) and specifically its point (vi). In my view, by concluding the 2008 Agreement, the Parties (India and Pakistan) aimed to clarify the application of certain provisions of the Vienna Convention to the extent of their bilateral relations, namely by recognizing that each contracting State may consider on the merits whether to allow access and consular assistance to nationals of the other contracting State arrested or detained on “political or security grounds”.