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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. -
Election Management and Party Decision Making in Pakistan1
ELECTION MANAGEMENT AND PARTY DECISION MAKING IN PAKISTAN1 Sameen A. Mohsin Ali (SOAS) Work in Progress – Please do not cite ABSTRACT This paper argues that while the election was definitely a step in the right direction, a great deal needs to be done before democratic consolidation takes place in Pakistan. I argue that electoral mismanagement; the powerlessness of the ECP; and, the intervention of an activist Supreme Court in the run up to the election shaped how parties made candidate selection decisions, and in turn, impacted the voters‘ choices. In order to highlight these issues with the electoral process, I will discuss (1) the structure and staffing of the ECP, linking the notion of bureaucratic agency to malpractices within the Commission; and (2) the powerlessness of the ECP in light of 4 issues that were relevant in the run up to 11 May 2013, leaving a gap for the Supreme Court to fill. This is not a normative argument; instead, this paper present a picture of how the actors involved in the electoral process are interlinked, influencing each other‘s decisions and behaviour, leaving loopholes for other actors to fill. It indicates how these interactions might impact the electoral process in Pakistan, and suggests that further research on the issue may yield observations of interest. INTRODUCTION Following the May 2013 election, there have been numerous accusations of misconduct, mismanagement, and rigging. With some of these accusations, the Election Commission of Pakistan (ECP) has dealt promptly and well, for example, re-polling at polling stations in Khyber Pakhtunkhwa where women were barred from voting. -
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 ........................................................................... -
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. -
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 -
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. -
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. -
Judgesʼ Library Monthly Newsletter
JUDGES’ LIBRARY MONTHLY NEWSLETTER Vol: 2 Issue: 1 January, 2014 LIST OF BOOKS FOR THE MONTH OF JANUARY, A JUDGE SPEAKS OUT 2014 AJMAL MIAN OXFORD UNIVERSITY PRESS, THE GOLDEN WARRIOR 2004 (THREE COPIES) LAWRENCE JAMES Oxford University Press, New Delhi, ABACUS, 2005` (ONE COPY) 2004. Hardbound. Book Condition: As During the 1920s—in the aftermath of New. New. Contents Preface. 1. The the Arab revolt against Britain—T. E. early years. 2. England. 3. The legal Lawrence gained global attention, both profession. 4. The High Court of Sindh. for his involvement in the Middle Eastern 5. Acting chief justice high court of anti-imperialist movement, and for his Balochistan. 6. Transfer back to the vivid and sensational writings about his high court of Sindh. 7. The chief justice experiences. Following World War I, his high court of Sindh. 8. Elevation to the appointment as an advisor to Winston Supreme Court of Pakistan. 9. Being Churchill—nearly simultaneous with the superseded. 10. The Judges case. 11. release of an American documentary President's reference no. 2. 12. Judicial about the revolt—further charged the T. crises. 13. The chief justice of Pakistan. E. Lawrence mania. Despite the 14. Final thoughts. Appendices. Notes. emergence of a whole new set of Glossary. Index. A Judge Speaks Out problems in the Middle East, and fueled provides some interesting anecdotes by the classic status of the epic movie and poignant moments from his life Lawrence of Arabia, the T. E. Lawrence his youth his migration at partition mystique continues to fascinate. from Delhi to Karachi in 1947 and the Controversial and provocative, this acclimatization of his family there to revised and updated edition of Lawrence his subsequent entry into the legal James’s acclaimed biography penetrates profession in 1957. -
Makers-Of-Modern-Sindh-Feb-2020
Sindh Madressah’s Roll of Honor MAKERS OF MODERN SINDH Lives of 25 Luminaries Sindh Madressah’s Roll of Honor MAKERS OF MODERN SINDH Lives of 25 Luminaries Dr. Muhammad Ali Shaikh SMIU Press Karachi Alma-Mater of Quaid-e-Azam Mohammad Ali Jinnah Sindh Madressatul Islam University, Karachi Aiwan-e-Tijarat Road, Karachi-74000 Pakistan. This book under title Sindh Madressah’s Roll of Honour MAKERS OF MODERN SINDH Lives of 25 Luminaries Written by Professor Dr. Muhammad Ali Shaikh 1st Edition, Published under title Luminaries of the Land in November 1999 Present expanded edition, Published in March 2020 By Sindh Madressatul Islam University Price Rs. 1000/- SMIU Press Karachi Copyright with the author Published by SMIU Press, Karachi Aiwan-e-Tijarat Road, Karachi-74000, Pakistan All rights reserved. No part of this book may be reproduced in any from or by any electronic or mechanical means, including information storage and retrieval system, without written permission from the publisher, except by a reviewer, who may quote brief passage in a review Dedicated to loving memory of my parents Preface ‘It is said that Sindh produces two things – men and sands – great men and sandy deserts.’ These words were voiced at the floor of the Bombay’s Legislative Council in March 1936 by Sir Rafiuddin Ahmed, while bidding farewell to his colleagues from Sindh, who had won autonomy for their province and were to go back there. The four names of great men from Sindh that he gave, included three former students of Sindh Madressah. Today, in 21st century, it gives pleasure that Sindh Madressah has kept alive that tradition of producing great men to serve the humanity. -
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. -
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.