Mr.Justice Salahuddin Mirza ACADEMIC QUALIFICATION

Total Page：16

File Type：pdf, Size：1020Kb

Mr.Justice Salahuddin Mirza ACADEMIC QUALIFICATION

Mr.Justice Salahuddin Mirza 08.01.2007 to 07.01.2010 ACADEMIC QUALIFICATION • Matriculation in 1950 from Sindh University (B.V.S. Parsi High School, Karachi). • Intermediate and B.A. from Sindh Muslim College Karachi in 1954. • L.L.B from Sindh Muslim Law College in 1958. • Appeared in the P.C.S. (Judicial Branch) examination of the West Pakistan Public Service Commission in 1959 and qualified the same, standing first in English language. EXPERIENCE • On appointment, his services were placed at the disposal of Lahore Bench of West Pakistan High Court. • First posting at Multan in 1960. Further postings in Lahore, Pakpattan and again in Lahore and Dera Ghazi Khan. • On the break-up of one Unit in 1970, the all West Pakistan Services were bifurcated on the basis of domicile and, since his domicile was of Karachi. • He was repatriated to Sindh and posted in Thatta as Civil Judge and FCM. • Promoted as Additional District & Sessions Judge and posted in Karachi from 1972 to 1974 and at Larkana from 1975 to 1976. • Served as Judge of the Labour Court Sukkur (1977-79) and Judge of Labour Court at Karachi (1979 to 1981). • Promoted as District and Sessions Judge in 1980. • Served in the Law Division, Ministry of Justice and Parliamentary Affairs, Islamabad, as Deputy Solicitor/Joint Secretary from February 1981 to March, 1985. • On completion of deputation in the Law Division was posted at Karachi as Chairman Appellate Tribunal (Local Councils) where he served from April, 1985, to April,1988. • Served as the Registrar of the Sindh High Court from April 1988 to September, 1988, when elevated to the High Court. • Retired as Judge from the Sindh High Court in September, 1989 and appointed as Provincial Ombudsman, Sindh, and served as such until September, 1999. • Appointed as Judge of the Federal Shariat Court of Pakistan, Islamabad, on 08.01.2007 and relinquished the charge on 07.01.2010. .

Copy Link

Recommended publications

Paper on Cyber Law Presented at the 50Th Anniversary Celebrations of the Supreme Court of Pakistan International Judicial Conference 11-14 August, 2006
Paper on Cyber Law Presented at the 50th Anniversary Celebrations of the Supreme Court of Pakistan International Judicial Conference 11-14 August, 2006 Introduction Only a few years after the explosive advent of the internet on the global scene, Pakistan also became a part of what has become a truly global village. Every community ranging from students, academicians, businesses, the military, government to even the legal and judicial communities are now inextricably connected, networked and dependent on Cyberspace and the Internet. Cyberspace is a term that was coined by William Gibson in his 1984 novel "Neuromancer" and is now used to describe the entire spectrum of computer networks and associated activities that take place over computers and their interconnected networks which in their largest manifestation form the internet. This ‘virtual space’ has no national or jurisdictional boundaries since its ether resides in and interacts with the network of hundreds of thousands if not millions of computers and users at the same time. A legal problem The interconnectivity and the irrelevance of geographical borders can be demonstrated where a person sitting in Karachi may be using an email service in the US from which to agree to the purchase of property in Spain that is owned by a UK business which hosts its website in Ireland. It may be that any one or all of these elements, persons, computers or actions are not in any one geographical location and they may exist or take place in multiple locations at the same time with no discernible priority. Lawrence Lessing identifies this as a problem for the traditional legal rules resulting from the unique nature of the internet and Cyberspace in “The Law of Cyberspace”: "The problem for law is to work out how the norms of the two communities are to apply given that the subject to whom they apply may be in both places at once" Traditionally, the rules of Conflict of Laws and rules for jurisdiction have been used to regulate the cross-border interaction between parties.
[Show full text]
Honour Killing in Sindh Men's and Women's Divergent Accounts
Honour Killing in Sindh Men's and Women's Divergent Accounts Shahnaz Begum Laghari PhD University of York Women’s Studies March 2016 Abstract The aim of this project is to investigate the phenomenon of honour-related violence, the most extreme form of which is honour killing. The research was conducted in Sindh (one of the four provinces of Pakistan). The main research question is, ‘Are these killings for honour?’ This study was inspired by a need to investigate whether the practice of honour killing in Sindh is still guided by the norm of honour or whether other elements have come to the fore. It is comprised of the experiences of those involved in honour killings through informal, semi- structured, open-ended, in-depth interviews, conducted under the framework of the qualitative method. The aim of my thesis is to apply a feminist perspective in interpreting the data to explore the tradition of honour killing and to let the versions of the affected people be heard. In my research, the women who are accused as karis, having very little redress, are uncertain about their lives; they speak and reveal the motives behind the allegations and killings in the name of honour. The male killers, whom I met inside and outside the jails, justify their act of killing in the name of honour, culture, tradition and religion. Drawing upon interviews with thirteen women and thirteen men, I explore and interpret the data to reveal their childhood, educational, financial and social conditions and the impacts of these on their lives, thoughts and actions.
[Show full text]
Defining Shariʿa the Politics of Islamic Judicial Review by Shoaib
Defining Shariʿa The Politics of Islamic Judicial Review By Shoaib A. Ghias A dissertation submitted in partial satisfaction of the Requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in Charge: Professor Malcolm M. Feeley, Chair Professor Martin M. Shapiro Professor Asad Q. Ahmed Summer 2015 Defining Shariʿa The Politics of Islamic Judicial Review © 2015 By Shoaib A. Ghias Abstract Defining Shariʿa: The Politics of Islamic Judicial Review by Shoaib A. Ghias Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Malcolm M. Feeley, Chair Since the Islamic resurgence of the 1970s, many Muslim postcolonial countries have established and empowered constitutional courts to declare laws conflicting with shariʿa as unconstitutional. The central question explored in this dissertation is whether and to what extent constitutional doctrine developed in shariʿa review is contingent on the ruling regime or represents lasting trends in interpretations of shariʿa. Using the case of Pakistan, this dissertation contends that the long-term discursive trends in shariʿa are determined in the religio-political space and only reflected in state law through the interaction of shariʿa politics, regime politics, and judicial politics. The research is based on materials gathered during fieldwork in Pakistan and datasets of Federal Shariat Court and Supreme Court cases and judges. In particular, the dissertation offers a political-institutional framework to study shariʿa review in a British postcolonial court system through exploring the role of professional and scholar judges, the discretion of the chief justice, the system of judicial appointments and tenure, and the political structure of appeal that combine to make courts agents of the political regime.
[Show full text]
Of Cold Countries
of Cold Countries iy hifcvests, sometimes moneylenders, £ sometimes calamities, self-styled masters arrive. to hate my torrid country, i dry my wet clothes in these courtyards let me plant gold wheat in its fields let me quench my thirst at its rivers let me rest beneath the shade of its trees .let me wear its dust and wrap its distances around me i«: The sun and you can not walk side by side. The sun has chosen me for company. J Kishwar Nahecd, translated by Rukhsana Ahmad. Introduction ocated in the north-west of the South LAsian sub-continent, Pakistan is a relatively new political entity. Comprising four provinces (North West Frontier Province, Sindh, Punjab and Baluchistan) and the tribal areas, northern areas, and the state of Azad Jammu and Kashmir, Pakistan represents a great diversity of topography, bio- climates, peoples, and cultures. The rural-urban division is sharp, as are the disparities between the rich and the poor. The land was the home of ancient civilisations and the meeting point of great cultures: Buddhist, Greek, Muslim, and Hindu. Consequently, Pakistan has a rich heritage of architecture, folklore, art, and music. Its people share the common traits of hospitality, warmth, and Village in Sindh province. Life in the villages of Pakistan has changed friendliness, and a strong sense of dignity. little over the centuries. Born in the ferment of change that accompanied the collapse of colonialism, Pakistan is still a society in transition. Busy street scene in Karachi, the largest city in Pakistan. Older forms of economic, social, and political organisation are under challenge, while new ones have yet to evolve.
[Show full text]
PERFORMING Ceos & COMPANIES of PAKISTAN
| 100 Performing CEOs & Companies of Pakistan | A head of carvan needs VISION, COMMUNICATION and COMPASSION — basic tools for a Leader. Dr. Allama Mohammad Iqbal | 100 Performing CEOs & Companies of Pakistan | PERFORMING100 CEOs & COMPANIES OF PAKISTAN Exclusive Inspiring Interviews, Success Stories and Case-Studies of Business Leaders, Presidents, CEOs, High-Profile Entrepreneurs, Women of Substance Ijaz Nisar Founder & President CEO Club Pakistan | Management House Manager Today Magazine | CEO Today Magazine CEO Club Pakistan Publications | III | | 100 Performing CEOs & Companies of Pakistan | Copyright© 2019 CEO Club Pakistan | Management House Manager Today Magazine | CEO Today Magazine All rights reserved Printed in Pakistan No part of this publication can be reproduced, stored, introduced into a retrieval system, or transmitted in any form, by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of the author Ijaz Nisar and CEO Today. Requests for permission should be directed to: [email protected] CEO Club Pakistan Publications are available at special quantity discounts to use as premiums and sales promotions, or for use in corporate training programs. For information, please contact Head Circulation Manager Today Publications Division at: 0092 300 452 1298 | 0092 423 545 5704 Published by: A PROJECT OF CEO CLUB & MANAGER TODAY CEO MANAGEMENT HOUSE MANAGEMENT & LEADERSHIP DEVELOPMENT INSTITUTE TODAY | IV | | 100 Performing CEOs & Companies of Pakistan | DEDICATION This book is dedicated to our visionary leader, Quaid-e-Azam Mohammed Ali Jinnah; the founder and the father of the nation, whose leadership acumen and vision continues to be imperishable. I would like to render my unfeigned gratitude for the unwavering sustenance, aid and efforts to the team of CEO Today.
[Show full text]
In Pursuance of the 18Th Amendment to the Constitution of Pakistan 1973 a Judicial Commission Has Been Proposed to Be Created To
In pursuance of the 18th amendment to the constitution of Pakistan 1973 a judicial commission has been proposed to be created to recommend the appointment of Judges of the superior Courts in Pakistan. Following is the text of the Article 175 (A) which has been inserted in the constitution of Pakistan through 18th amendment. Article 175A. Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court (1) There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided. (2) For appointment of Judges of the Supreme Court, the Commission shall consist of--- (i) Chief Justice of Pakistan; Chairman (ii) [four] most senior Judges of the Supreme Court;Member (iii) a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan, in consultation with the [four] member Judges, for a term of two years; Member (iv) Federal Minister for Lawand Justice;Member (v) Attorney-General for Pakistan; and Member (vi) a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years.Member (3) Nowithstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan. (4) The Commission may make rules regulating its procedure. (5) For appointment of Judges of a High Court, the Commission
[Show full text]
Syed Mansoor Ali Shah, J
Stereo. H C J D A 38. Judgment Sheet IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT Case No: W.P. 5406/2011 Syed Riaz Ali Zaidi Versus Government of the Punjab, etc. JUDGMENT Dates of hearing: 20.01.2015, 21.01.2015, 09.02.2015 and 10.02.2015 Petitioner by: Mian Bilal Bashir assisted by Raja Tasawer Iqbal, Advocates for the petitioner. Respondents by: Mian Tariq Ahmed, Deputy Attorney General for Pakistan. Mr. Muhammad Hanif Khatana, Advocate General, Punjab. Mr. Anwaar Hussain, Assistant Advocate General, Punjab. Tariq Mirza, Deputy Secretary, Finance Department, Government of the Punjab, Lahore. Nadeem Riaz Malik, Section Officer, Finance Department, Government of the Punjab, Lahore. Amici Curiae: M/s Tanvir Ali Agha, former Auditor General of Pakistan and Waqqas Ahmad Mir, Advocate. Assisted by: M/s. Qaisar Abbas and Mohsin Mumtaz, Civil Judges/Research Officers, Lahore High Court Research Centre (LHCRC). “The judiciary should not be left in a position of seeking financial and administrative sanctions for either the provision of infrastructure, staff and facilities for the judges from the Executive and the State, which happens W.P. No.5406/2011 2 to be one of the largest litigants….autonomy is required for an independent and vibrant judiciary, to strengthen and improve the justice delivery system, for enforcing the rule of law1.” Syed Mansoor Ali Shah, J:- This case explores the constitutionalism of financial autonomy and budgetary independence of the superior judiciary on the touchstone of the ageless constitutional values of independence of judiciary and separation of powers. 2. Additional Registrar of this High Court has knocked at the constitutional jurisdiction of this Court, raising the question of non-compliance of the executive authority of the Federation by the Provincial Government, as the direction of the Prime Minister to the Provincial Government to enhance the allowances of the staff of the superior judiciary goes unheeded.
[Show full text]
Pakistan's Constitution of 1973, Reinstated in 2002, with Amendments Through 2018
PDF generated: 26 Aug 2021, 16:43 constituteproject.org Pakistan's Constitution of 1973, Reinstated in 2002, with Amendments through 2018 Subsequently amended This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:43 Table of contents Preamble . 13 PART I: Introductory . 14 1. The Republic and its territories . 14 2. Islam to be State religion . 14 2A. The Objectives Resolution to form part of substantive provisions . 14 3. Elimination of exploitation . 14 4. Right of individuals to be dealt with in accordance with law, etc . 14 5. Loyalty to State and obedience to Constitution and law . 15 6. High treason . 15 PART II: Fundamental Rights and Principles of Policy . 15 7. Definition of the State . 15 CHAPTER 1: FUNDAMENTAL RIGHTS . 16 8. Laws inconsistent with or in derogation of Fundamental Rights to be void . 16 9. Security of person . 16 10. Safeguards as to arrest and detention . 17 10A. Right to fair trial . 18 11. Slavery, forced labour, etc., prohibited . 18 12. Protection against retrospective punishment . 19 13. Protection against double punishment and self-incrimination . 19 14. Inviolability of dignity of man, etc . 19 15. Freedom of movement, etc . 19 16. Freedom of assembly . 19 17. Freedom of association . 20 18. Freedom of trade, business or profession . 20 19. Freedom of speech, etc . 20 19A. Right to information . 20 20. Freedom to profess religion and to manage religious institutions . 21 21. Safeguard against taxation for purposes of any particular religion .
[Show full text]
Baseline Report Lawyher.Pk
The State of Women’s Representation in Law 2020-21 Baseline Report 1 © 2021 Lawyher.pk. All rights reserved. Any part of this publication may be reproduced by duly acknowledging the source. Every effort has been made to ensure the accuracy of the contents of this publication. Lawyher.pk takes no responsibility for any unintentional omissions. Lawyher.pk has reproduced the images included in this publication under a fair-use policy, intending no copyright infringement, and has credited all sources. All data has been obtained from official sources including official websites, official correspondence and communications with concerned officials and official publications such as directories. The sources and the date at which the information was obtained have been cited in the report along with the data. Any limitations have also been highlighted in the footnotes and accompanying notes. Lawyher.pk Suite No. 33 First Floor Sadiq Plaza Shahrah e Quaid e Azam Lahore, Pakistan. E: [email protected] | www.lawyher.pk Written by: Nida Usman Chaudhary Design and Layout: Ali Abbas 2 ACKNOWLEDGEMENTS This study would not have been possible without the support of the Federal Ministry of Law and Justice, Australian High Commission, British High Commission, Group Development Pakistan, Parliamentary Secretary, Federal Ministry of Law and Justice, Ms. Maleeka Bokhari, Ms. Valerie Khan, Executive Director, Group Development Pakistan, Mr. Usman Arshad, Ms. Eshm Suhaib, coordinator for the project increasing women’s representation in law, Ms. Sara Raza, Advocate and volunteer on the project increasing women’s representation in law. We also want to acknowledge the support from Mr. Faisal Siddiqui ASC, Mr.
[Show full text]
The Pakistani Lawyers' Movement and the Popular
NOTES THE PAKISTANI LAWYERS’ MOVEMENT AND THE POPULAR CURRENCY OF JUDICIAL POWER “I support the lawyers,” said the Pakistani farmer on the train from Lahore, “because if Musharraf can do whatever he wants to this man, the Chief Justice of Pakistan, then none of us is safe.”1 It was the summer of 2008, and for several months Pakistani lawyers had been leading protests seeking the restoration to office of sixty-plus superior court judges,2 including Chief Justice Iftikhar Mohammad Chaudhry, who had been suspended by President Pervez Musharraf.3 The farm- er’s response to questions about his thoughts on the protests was typi- cal of Pakistanis at the time in its clear-headed articulation of the symbolic importance of the lawyers’ struggle and in its implicit under- standing of the central function of an independent judiciary. Indeed, the Chief Justice was the closest to a personal embodiment of “the law” that one could find in Pakistan. If even he served at the pleasure of a dictator — so the story went —the capacity of the law to constrain this dictator and protect ordinary Pakistanis was perilously weak. In March 2007, Chaudhry refused the urging of five generals to re- sign and was removed by Musharraf. Two years later, with Musharraf in exile and a civilian government in power, nationwide protests re- turned Chaudhry to his position atop the nation’s highest court.4 Af- ter twenty-four months of struggle, the lawyers’ movement thus ended with an improbable victory. Moreover, in a nation where the courts historically have followed the dictates of the military and allowed for the repeated subversion of the country’s constitutions,5 the restoration ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 Interview with Pakistani farmer, on train from Lahore, Pak.
[Show full text]
Federal Shariat Court Annual Report 2003
Federal Shariat Court Annual Report 2003 Published by LAW AND JUSTICE COMMISSION OF PAKISTAN c 2004 National Judicial (Policy Making) Committee This Annual Report is published by the Secretariat of the Law and Justice Commission of Pakistan This report can be viewed at the Law and Justice Commission of Pakistan website http://www.ljcp.gov.pk. Comments and suggestions may be sent to the Secretariat of the Law and Justice Commission of Pakistan, Supreme Court Building, Islamabad. Tel:051-9220483, 051-9214797 Fax: 051-9214416 email:[email protected]. Contents 1 FOREWORD BY THE CHIEF JUSTICE 1 2 THE FEDERAL SHARIAT COURT AND ITS ORGANISATION 5 2.1 Introduction .......................................... 5 2.2 Mr. Justice Ch. Ejaz Yousaf, Chief Justice Federal Shariat Court .............. 8 2.3 Mr. Justice Dr. Fida Muhammad Khan, Senior Puisne Judge ................ 10 2.4 Mr. Justice S.A. Manan .................................... 11 2.5 Mr. Justice Saeed-ur-Rehman Farrukh ............................ 12 2.6 Mr. Justice Zafar Iqbal Pasha Chaudhry ........................... 13 2.7 Mr. Justice S.A. Rabbani ................................... 14 2.8 Organisational Chart of the Court ............................... 15 2.9 Federal Shariat Court Composition 2003 ........................... 16 2.9.1 The Chief Justice ................................... 16 2.9.2 The Judges of the Federal Shariat Court ....................... 16 2.9.3 Registrar ....................................... 16 3 SIGNIFICANT SHARIAT PETITIONS/CRIMINAL CASES DECIDED BY THE FEDERAL SHARIAT COURT 19 3.1 Necessity to Grant Licence for Arms Ordinance and Payment of Fees ........... 19 3.1.1 Abdul Majid v. Government of Pakistan (PLD 2004 FSC 1): Mr. Justice Dr. Fida Muhammad Khan ................................... 19 3.2 Jurisdiction of the Court ..................................
[Show full text]
WOW South Asia 5/3/04 8:24 AM Page 154
77197_Text 5/3/04 7:56 AM Page 153 LAWS AND POLICIES AFFECTING THEIR REPRODUCTIVE LIVES PAGE 153 4. Pakistan Statistics GENERAL Population ■ To tal population: 153,600,000.1 ■ Population by sex: 72,358,880 (female) and 76,362, 250 (male).2 ■ Percentage of population aged 0–14: 41.2.3 ■ Percentage of population aged 15–24: 19.4.4 ■ Percentage of population in rural areas: 67.5 Economy ■ Annual percentage growth of gross domestic product (GDP): 3.7.6 ■ Gross national income (GNI) per capita: USD 410.7 ■ Government expenditure on health: 0.9% of GDP.8 ■ Government expenditure on education: 2.3% of GDP.9 ■ Population below the poverty line: 32.6% (below national poverty line); 13.4% (below USD 1 a day poverty line); 65.6% (below USD 2 a day poverty line).10 WOMEN’S STATUS ■ Life expectancy: 60.9 (female) and 61.2 (male).11 ■ Average age at marriage: 21.7 (female) and 26.5 (male).12 ■ Labor force participation: 15.4% (female) and 84.6% (male).13 ■ Percentage of employed women in agricultural labor force: 66.3.14 ■ Percentage of women among administrative and managerial workers: 4.15 ■ Literacy rate among population aged 15 and older: 28.8% (female) and 57.4% (male).16 ■ Percentage of female-headed households: 7.17 ■ Percentage of seats held by women in national government: 2.18 CONTRACEPTION ■ To tal fertility rate: 5.08 lifetime births per woman.19 ■ Contraceptive prevalence rate among married women aged 15–49: 28% (any method) and 20% (modern methods).20 ■ Prevalence of sterilization among couples: 5.0% (total); 5.0% (female); <0.1% (male).21 ■ Sterilization as a percentage of overall contraceptive prevalence: 28.1.22 WOW South Asia 5/3/04 8:24 AM Page 154 PAGE 154 WOMEN OF THE WORLD: MATERNAL HEALTH I Lifetime risk of maternal death: 1 in 80 women.23 I Maternal mortality ratio per 100,000 live births: 476.24 I Percentage of pregnant women with anemia: 37.25 I Percentage of births monitored by trained attendants: 20.26 ABORTION I Information unavailable.
[Show full text]