Reforming the Judiciary in Pakistan
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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 ........................................................................... -
REFORM OR REPRESSION? Post-Coup Abuses in Pakistan
October 2000 Vol. 12, No. 6 (C) REFORM OR REPRESSION? Post-Coup Abuses in Pakistan I. SUMMARY............................................................................................................................................................2 II. RECOMMENDATIONS.......................................................................................................................................3 To the Government of Pakistan..............................................................................................................................3 To the International Community ............................................................................................................................5 III. BACKGROUND..................................................................................................................................................5 Musharraf‘s Stated Objectives ...............................................................................................................................6 IV. CONSOLIDATION OF MILITARY RULE .......................................................................................................8 Curbs on Judicial Independence.............................................................................................................................8 The Army‘s Role in Governance..........................................................................................................................10 Denial of Freedoms of Assembly and Association ..............................................................................................11 -
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 -
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 -
Flashpoint: Pakistan in Crisis
To approach Rabwah, home to Pakistan’s minority Ahmadi sect, it is necessary to pass through Chiniot, an ancient town said to have been first populated by Alexander the Great of Macedonia, in 326 BC . Today, Chiniot, which stands amidst the lush green countryside of the Punjab province, is known chiefly for its skilled furniture craftsmen. The town is a bustling, but run-down urban centre – the cascading monsoon rain failing to wash away the grime and squalor that hangs all around. It is on the peeling, yellow-plastered walls of Chiniot that the first signs of the hatred directed against the Ahmadi community appear. The movement – named for its founder, Mirza Ghulam Ahmad of Qadian (located in the Indian Punjab) – Karachi broke away from mainstream Islam in 1889. The slogans, etched out in the flowing Urdu script, call on Muslims to ‘Kill Ahmadi non-believers’. apparent every official building is heavily fortified – Rabwah, a town of some 50,000 people, houses even the holy places and the parks – testifying to the the largest concentration of Ahmadis in Pakistan. fact that Rabwah remains a town under siege. Flashpoint Overall, there are an estimated 1.5 million Ahmadis While the 1974 decision against Ahmadis was met in the country amongst a population of 55 million by anger within the community, worse was to come. In people. Rabwah was built on 1,000 acres of land 1984, military dictator General Zia ul-Haq, as part of purchased from the Pakistan government in 1948 by policies aimed at ‘Islamizing’ the country, introduced a Pakistan in Crisis: the Ahmaddiya Muslim community, to house set of laws that, among other restrictions, barred Ahmadis who were forced to leave India amidst the Ahmadis from preaching their faith, calling their places tumultuous partition of the subcontinent in 1947, of worship ‘masjids’ (the term used by mainstream which resulted in the creation of the mainly Muslim Muslims) and from calling themselves Muslim. -
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. -
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. -
September 2017
SPECIAL FEATURE HH Prince Karim Aga Khan 2017 Reg. ss-973 September INSIDE AFGHANISTAN PAKISTAN INDIA NEIGHBOUR Whither War? New Wine in New Bottles Birth of a New Axis Border Trouble Revolving Door The office of the Prime Minister in Pakistan seems to have a revolving door that prime ministers use to vacate their office before their term is up. Why does this happen? Contents 12 Mujhe KiyunNikala? No prime minister has completed his term in Pakistan. Afghanistan Whither War? A new U.S. policy to 28 end the war. Pakistan Sri Lanka 22 Back to Square One New Wine in Inviting the Tamils back. New Bottles 30 Trump is for loans, not aid. The Maldives Rabbit Hole of Dictatorship 32 Democratically elected president tries iron hand. 26 Bangladesh Limping Judiciary Legal tussle in a country where democracy is supposed to be supreme. 4 SOUTHASIA • SEPTEMBER 2017 REGULAR FEATURES Editor’s Mail 8 On Record 9 Briefs 10 COVER STORY Mujhe Kiyun Nikala? 12 Term Stinted 14 The Judiciary’s Role 16 Legacy of Failure 18 REGION India Birth of a New Axis 20 Pakistan New Wine in New Bottles 22 All In The Family 24 42 Bangladesh International Limping Judiciary 26 Canadian Politics Afghanistan The other side of Trudeau. Whither War? 28 Sri Lanka Back to Square One 30 The Maldives Rabbit Hole of Dictatorship 32 OPINION 54 Pakistan at 70 – A Personal Perspective 34 Crime SPECIAL FEATURE Wronged Women Bangladeshi women HH Prince Karim Aga Khan 37 need more security. INTERNATIONAL The Reluctant Prime Minister 42 NEIGHBOUR Forgotten People 44 Infrastructure FEATURES Bridge of Gender Equality Determination What’s in a Name! 48 The Padma Bridge is fast 50 nearing completion. -
The Feudal Tentacles: Is Feudalism Dead
Pakistan Perspectives Vol. 21, No.2, July-December 2016 Study of the Emergency Rule in Pakistan, 2007 Khan Faqir & Fakhrul Islam Abstract Some of the steps of public interest litigation that the judiciary took in 2007 were considered as a threat to the military government of Pervez Musharraf. He dismissed the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, on the charges of corruption. This presidential move was not against the chief justice of Pakistan but against the judiciary. The executive intent to tarnish and erode judiciary’s image, integrity and authority was countered by a countrywide movement for the restoration of judiciary. A consolidated struggle of the bar and the bench lead to judicial revivalism in Pakistan. ______ Historical background Authoritarianism as a colonial legacy was incorporated in the political system of both Pakistan and India. From the very beginning India quite successfully tried to democratise itself. There ‘the rule of law was ever bent to subserve either executive action in the administration or the will of dominant elements of society’. On the other hand, Pakistan failed to make a worthwhile change to democratic rule after emerging from the debris of British colonialism. The colonial state was quickly replaced by authoritarian rulers, whether civilian or military. History of Pakistan has been defined by uneasy relationships between state institutions and civil society. In its executive-dominated state, the superior courts in particular have played unusually important part in determining the country’s political fate.1 The conflict between Pakistan’s executive orders and judicial authorities dates back to the era of Liaquat Ali Khan when the country was in its teething years. -
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. -
Annual Report 2020 Table of Contents
Against All Odds Extreme heat and pressure transforms iron ore dust to a strong and resilient Steel. With vision, hard work and perseverance, Aisha has emulated characteristics of Steel. It stood defiant and steadfast against every challenge thrown its way. Under its exemplary leadership and committed team, Aisha Steel, Against All Odds, has made it this far and is determined to push new frontiers. Contents Aisha Steel Mills Limited Annual Report 2020 Table of Contents Company Overview Performance Analysis 04 106 05 Vision and Mission Statement 108 Analysis of Financial and 06 Company Information Non-Financial Performance 08 Company Profile and Nature of Business 112 Key Operational and Financial Data 16 Business Model 113 Economic Value Added 18 Code of Business Conduct and Ethical 114 Ratio Analysis Principles 118 DuPont Analysis 20 Organization Chart 120 Horizontal and Vertical Analysis 22 Core Values 122 Summary of Cash Flow Statement 24 Critical Performance Indicators 124 Results Reported in Interim Financial 27 Value Chain Statements and Final Accounts 29 Calendar of Notable Events 126 Graphical Presentation of Aisha Steel 30 Salient Policies in Place 129 Cash Flow Statement - Direct Method 130 Share Price Sensitivity Analysis Governance 133 Statement of Value Addition and 36 Distribution 38 Directors’ Profile 48 Directors’ Report Financial Statements 58 Statement of Shares Bought and Sold 134 136 Auditors’ Review Report to the 58 Attendance of Directors in Meetings Members of Aisha Steel 59 Pattern of Shareholding 137 Statement -
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.