THE MINORITY SAGA a Christian, Human Rights Perspective
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Death-Penalty-Pakistan
Report Mission of Investigation Slow march to the gallows Death penalty in Pakistan Executive Summary. 5 Foreword: Why mobilise against the death penalty . 8 Introduction and Background . 16 I. The legal framework . 21 II. A deeply flawed and discriminatory process, from arrest to trial to execution. 44 Conclusion and recommendations . 60 Annex: List of persons met by the delegation . 62 n° 464/2 - January 2007 Slow march to the gallows. Death penalty in Pakistan Table of contents Executive Summary. 5 Foreword: Why mobilise against the death penalty . 8 1. The absence of deterrence . 8 2. Arguments founded on human dignity and liberty. 8 3. Arguments from international human rights law . 10 Introduction and Background . 16 1. Introduction . 16 2. Overview of death penalty in Pakistan: expanding its scope, reducing the safeguards. 16 3. A widespread public support of death penalty . 19 I. The legal framework . 21 1. The international legal framework. 21 2. Crimes carrying the death penalty in Pakistan . 21 3. Facts and figures on death penalty in Pakistan. 26 3.1. Figures on executions . 26 3.2. Figures on condemned prisoners . 27 3.2.1. Punjab . 27 3.2.2. NWFP. 27 3.2.3. Balochistan . 28 3.2.4. Sindh . 29 4. The Pakistani legal system and procedure. 30 4.1. The intermingling of common law and Islamic Law . 30 4.2. A defendant's itinerary through the courts . 31 4.2.1. The trial . 31 4.2.2. Appeals . 31 4.2.3. Mercy petition . 31 4.2.4. Stays of execution . 33 4.3. The case law: gradually expanding the scope of death penalty . -
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. -
Part I] the Gazette of Pakistan, Extra., December 18, 2020 753
PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 18, 2020 753 __________________________________________________________________ ISLAMABAD, FRIDAY, DECEMBER 18, 2020 __________________________________________________________________ PART I Acts, Ordinances, President’s Orders and Regulations GOVERNMENT OF PAKISTAN MINISTRY OF LAW AND JUSTICE Islamabad, the 17th December, 2020 No. F. 2(1)/2020-Pub.—The following Ordnance promulgated on 14th December, 2020 by the President is hereby published for general information:— ORDINANCE No. XVI OF 2020 AN ORDINANCE to ensure expeditious redressal of rape and sexual abuse crimes in respect of women and children through special investigation teams and special Courts providing for efficacious procedures, speedy trial, evidence and matters connected therewith or incidental thereto; AND WHEREAS the Senate and the National Assembly are not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action; (753) Price : Rs. 20.00 [6538(2020)/Ex. Gaz.] 754 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 18, 2020 [PART I NOW THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:— 1. Short title, extent, and commencement.—(1) This Ordinance may be called the Anti-Rape (Investigation and Trial) Ordinance, 2020. (2) It extends to the whole of Pakistan. (3) It shall come into force on such date as the Federal Government -
Pakistan's War on Free Speech. Challenges and Probable Solutions
9. Pakistan’s war on free speech Challenges and probable solutions Altaf Ullah Khan The record of freedom of expression and journalism, viewed through the history of Pakistani governments is rather shabby. However, what has happened lately, and is still going on, is highly alarming. It appears to be a fight between, on one hand, the status quo, the negative morality espoused by the state as a force of unification rooted in tradition, and on the other, the positive alternative, which is inherently present in the status quo (Drolet, 2007). What we mean by negative morality is one that focuses on discipline and order. It is rooted in tradition and resists change. In the very best of its forms, it maintains order and ensures steady social processes, avoiding social disorder by checking and constraining the forces of innovation. The Pakistani state and other organizations responsible for group cohesion use negative morality to maintain order. However, in a democratic dispensation, such a point of view is not against innovation. Innovation, the liberal thought, and its accompanying boons are inherent in the negative morality, thus, the very antithesis that justifies the thesis. The liberal strands in a human society represent what can be called the positive morality. A good state and government, or ruling system for that matter, would ensure Altaf Ullah Khan is a Professor of Mass Communication at Forman the balance between the negative and positive. While not espousing Christian College University, Laho- the positive one, the balanced state gives it enough room to thrive. In re, Pakistan. He has been a visiting scholar at Ohio University, USA autocracies, dictatorships, anarchies, and all societies ruled by closed in two periods, and taught at the and obscurantist ideologies this balance is lost. -
Pakistani Nationalism and the State Marginalisation of the Ahmadiyya Community in Pakistan
Sadia Saeed: Pakistani Nationalism and the State Marginalisation of the Ahmadiyya Community in Pakistan Pakistani Nationalism and the State Marginalisation of the Ahmadiyya Community in Pakistan Sadia Saeed University of Michigan, Ann Arbor, USA Abstract This paper examines the relationship between nationalism, state formation, and the marginalisation of national minorities through an historical focus on Pakistani state’s relationship with the Ahmadiyya community, a self-defined minority sect of Islam. In 1974, a constitutional amendment was enacted that effectively rendered the Ahmadiyya community a non-Muslim minority, in spite of claims by the community that it was Muslim and hence not a minority. This paper attempts to account for this anti-Ahmadiyya state legislation by arguing that the genealogy of the idea of a Pakistani state is key for understanding the politics of exclusion of the Ahmadiyya community from ‘Muslim citizenship’ – that is, who is and isn’t a Muslim. Introduction This paper explores the relationship between nationalism, state formation, and the marginalisation of national minorities. In the literature on the nation and nationalism, the relationship between state formation and nationalist exclusions is often under-theorised, with the implicit assumption made that processes of nation building occur independently of the construction of state institutions. Many works have shown the pitfalls of this neglect by demonstrating that the articulation of nationalist ideologies, and the processes which take place in the national community as a result of such nationalisms, are either aided by, or are articulated in response to, the formation of state institutions and practices of social closure (Brubaker 1992; Balibar 2004; Omi and Winant 1994). -
Pakistan Journal of Gender Studies: Annual
Pakistan Journal of Gender Studies: Annual PATRON Marilyn Porter Prof. Dr. Muhammad Qaiser Department of Sociology Vice Chancellor, University of Karachi Memorial University of Newfoundland, Canada Karachi, Pakistan Misbah B. Qureshi EDITOR Institute of Gender Studies Nasreen Aslam Shah Sindh University Jamshoro, Pakistan ADVISORY BOARD Rafia Taj Prof. Dr. M. Nizamuddin Department of Mass Communication Chairman, Higher Education Commission, Punjab University of Karachi, Karachi, Pakistan Prof. Dr. Profulla C. Sarker Rita Afsar Pro-Vice Chancellor, Human Resources Division European University of Bangladesh Bangladesh Institute of Development Studies (BDIS), Dhaka Prof. Dr. Parveen Shah Rukhsana Hassan Vice Chancellor Fatima Jinnah Women University, Shah Latif University, Kharipur, Pakistan Rawalpindi, Pakistan Moonis Ahmer Tahera Aftab Dean, Faculty of Social Sciences Centre of Excellence for Women’s Studies University of Karachi, Karachi, Pakistan University of Karachi, Karachi, Pakistan Naheed Abrar Yousuf Bin Boon Dean, Faculty of Arts Department of Post Graduate Studies Federal Urdu University, Karachi, Pakistan University Teknologi, Malaysia M. Abuzar Wajdi Ex. Dean, Management and Administrative Science Zeenat Sana Baloch University of Karachi, Karachi, Pakistan Department of Balochi University of Balochistan, Quetta, Pakistan Sarah Safdar Dean, Faculty of Management and Social Sciences EDITORIAL TEAM Iqra National University, Peshawar, Pakistan Shagufta Nasreen Asma Manzoor Anoosh Khan Aliyah Ali Department of Gender Studies M. -
SVI In-House Seminar/Panel Discussion: Report – April 4, 2019
SVI In-house Seminar/Panel Discussion: Report – April 4, 2019 Prevalent Security Environments and Way Forward Compiled by: Syeda Saiqa Bukhari & Haris Bilal Malik Reviewed and Edited by: Dr. Anjum Sarfraz STRATEGIC VISION INSTITUTE (SVI), ISLAMABAD Strategic Vision Institute (SVI) organized an In-house seminar on “Prevalent Security Environments and Way Forward” on April 4, 2019.The seminar was chaired by Dr. ZafarIqbalCheema, President/Executive Director, SVI. The guest speakers included Lt Gen (R) Naeem Khalid Lodhi (Former Defence Minister, Gov. of Pakistan), Lt Gen (R) Syed Muhammad Owais (Former Secretary Defence Production), AVM (R) Faaiz Amir (VC Air University Islamabad), Vice Admiral (R) Shahid Iqbal (Former Chief of Staff, Pakistan Navy), Brig (R) Samson Simon Sharaf (Political Economist and Anchorperson), Dr. Zafar Nawaz Jaspal (Professor, School of Politics and IR, Q.A.U. Islamabad) and Amb (R) Zamir Akram (Former Permanent Representative to CD/ United Nation, Geneva). Dr. ZafarIqbalCheema formally inaugurated the session with a warm welcome to the participants and expressed gratitude for their attendance. He particularly thanked,Dr. Ghulam Mujaddid (Dean of Air university), Dr. Zafar Ali (Director General, Strategic Export Control Division (SECDIV), Ministry of Foreign Affairs), Dr. Rizwana Abassi (Associate professor at Bahria University), Khalid Banuri (former director general of ACDA, SPD), Col. Abidi, Dr. Salma Malik (Faculty member of Defence and Strategic Studies, QAU), Khalid Rahim (Member Advisory Board, CGSS) , Saima Aman Sial ( Senior Research Officer, CISS), Sadia Kazmi (Director Academics, SVI), and Dr. Anjum Sarfraz (Senior Research Fellow, SVI). In his introductory remarks he stated that this In House Seminar is intentionally designed, because we wanted tohave thorough and deeply embedded discussion on the current conflict of February 2019. -
In the High Court of Sindh Bench at Sukkur
1 IN THE HIGH COURT OF SINDH BENCH AT SUKKUR C.P. No.D-623 of 2020 (Haji Muhammad Siddique vs. The Province of Sindh through Home Secretary, Karachi and 04 others) C.P. No.D-1272 of 2020 (Mst. Salma @ Ume-Salma vs. Province of Sindh, through Secretary Home Department Sindh Secretariat, Karachi and 04 others) Present: Mr. Nazar Akbar, J. Mr. Muhammad Faisal Kamal Alam, J. Date of hearing : 16.03.2021. C.P. No.D-623 of 2020 Petitioner [Haji Muhammad Siddique] : Through Mr. A. R. Farooque Pirzada, Advocate. Respondent No.1 [The Province of Sindh through Home Secretary, Karachi]. Respondent No.2 [The Senior Superintendent of Police, Naushahro Feroze]. Respondent No.3 [The Investigation Officer/SHO PS Bhirya City]. Respondent No.5 [Anti-Terrorism Court N/Feroze] : Through Syed Sardar Ali Shah Rizvi, Deputy Prosecutor General. Respondent No.4 [Ali Raza son of Mahi Khan] : Nemo. C.P. No.D-1272 of 2020 Petitioner [Mst. Salma @ Ume-Salma] : Through Mr. Achar Khan Gabol, Advocate. Respondent No.1 : [Province of Sindh, through Secretary Home Department Sindh Secretariat, Karachi] 2 Respondent No.2 [The Senior Superintendent of Police, District N/Feroze]. Respondent No.3 [The Investigation Officer/SHO PS Bhiria]. Respondent No.5 [Anti-Terrorism Court N/Feroze] : Through Syed Sardar Ali Shah Rizvi, Deputy Prosecutor General. Respondent No.4 [Ali Raza son of Mahi Khan]. : Nemo. O R D E R Muhammad Faisal Kamal Alam, J: Common question is involved in both the above Constitutional Petitions, therefore, they are decided by this single order. 2. The learned trial Court has dismissed both the Applications of present Petitioners, filed under Section 23 of the Anti-Terrorism Act, 1997, seeking transfer of case in Crime No.15 of 2020 [FIR No.15 of 2020] holding that the incident of murder of Shahnaz Ansari, who was sister of Complainant/Respondent No.4 [Ali Raza], does fall under the ambit of an act of terrorism as mentioned in Sections 6 and 7 of the Anti- Terrorist Act, 1997, thus, the above case cannot be transferred to the Court of Session. -
The Consequences of Fundamentalism on Pakistani Media
The Consequences of Fundamentalism on Pakistani Media by Imran Munir Thesis Submitted in Partial Fulfillment of the Requirements for the Degree Master of Arts In the School Of Communication O Imran Munir 2002 SIMON FRASER UNIVERSITY December 2002 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author APPROVAL NAME: Imran Munir DEGREE: MA TITLE: THE CONSEQUENCES OF FUNDAMENTALISM ON PAKISTANI MEDIA EXAMINING COMMITTEE: CHAIR: Prof. Yuezhi Zhao \ \ Prof. Martin Laba\ \. Senior Supervisor, School of Communication, SFU --- - Prof. Pat Howard Supervisor, School of Communication, SFU I - Dr. ~'hSharma Examiner, Professor Emeritus, Sociology and Anthropology, SFU Date: I hereby grant to Simon Fraser University the right to lend my thesis, project or extended essay (the title of which is shown below) to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. I further agree that permission for multiple copying of this work for scholarly purposes may be granted by me or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without my written permission. Title of Thesis/Project/Extended Essay THE CONSEQUENCES OF FUNDAMENTALISM ON PAKISTANI MEDIA Imran Munir (name) - (date) ABSTRACT This thesis maps the roots of fundamentalism and its impact on the Pakistani media. It examines how the religious groups and parties hijacked the national agenda of development and modernization and made inroads, directly and indirectly, in the media to promote their agenda of jingoism and beliefs. -
Pakistan April 2004
PAKISTAN COUNTRY REPORT April 2004 Country Information & Policy Unit IMMIGRATION & NATIONALITY DIRECTORATE HOME OFFICE, UNITED KINGDOM Pakistan April 2004 CONTENTS 1 Scope of Document 1.1 - 1.7 2 Geography 2.1 - 2.4 General 2.1 - 2.3 Languages 2.4 3 Economy 3.1 – 3.2 4 History 4.1 - 4.103 Pre 1993 4.1 - 4.6 1993-1997 4.7 - 4.16 1998-September 1999 4.17 - 4.22 October 1999 - December 2000 4.23 - 4.30 January 2001 - December 2002 4.31 - 4.44 January 2002 –December 2003 4.45 - 4.98 January 2004 – March 2004 4.99 – 4.103 5 State Structures 5.1 – 5.111 The Constitution 5.1 - 5.6 - Citizenship and Nationality 5.7 Political System 5.8 - 5.27 - Introduction 5.8- 5.14 - Main Political Parties Following the Coup 5.15 - 5.23 - Federal Legislature 5.24 - 5.25 - Elections October 2002 5.26 - 5.27 Judiciary 5.28 - 5.34 Legal Rights/Detention 5.35- 5.84 - Court System 5.35 - 5.37 - Anti-Terrorism Act and Courts 5.38 - 5.44 - Federal Administered Tribal Areas 5.45 -Tribal Justice System 5.46 - Sharia Law 5.47 - 5.49 - Hudood Ordinances 5.50 - 5.51 - Qisas and Diyat Ordinances 5.52 - 5.53 - Blasphemy Law 5.54 - 5.64 - Accountability Commission 5.65 - 5.68 - National Accountability Bureau (NAB) 5.69 - 5.75 - Arbitrary Arrest 5.76 - 5.78 - Death Penalty 5.79 - 5.84 Internal Security 5.85 – 5.97 - General 5.85 - 5.92 - Sindh 5.93 - 5.97 Prison and Prison Conditions 5.98 - 5.102 Military Service 5.103 Medical Services 5.104 – 5.108 Educational System 5.109 – 5.111 Pakistan April 2004 6 Human Rights 6.1- 6.242 6.A Human Rights Issues 6.1 – 6.146 Overview 6.1 -
Governing Natural Resources and the Processes and Institutions That
Environmental in Pakistan Governing Natural Resources and the Processes and 02 Institutions that Affect Them No r t h - West Volume 2 Legislation Frontier Province 02 En v i r o n m e n t a l Governing Natural Resources and the Processes and Law in Institutions that Affect Them Pak i s t a n N.W.F.P Introduction to the Series 02 Foreword 04 Acknowledgements 06 01 Executive Summary 08 02 Methodology 12 03 Hierarchy of Legal Instruments 14 3.1 Constitution of the Islamic Republic of Pakistan 1973 15 3.2 Legislative Acts 15 3.3 Ordinances 15 3.4 Rules and Regulations 16 3.5 Orders 16 3.6 Notifications 16 3.7 Laws of West Pakistan 16 Introduction of Laws 4. Governance 18 5. Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 24 6. Laws and Judicial Decisions Governing Processes and Institutions that affect Natural Resources Management 42 7. Summary and Conclusions 60 01 Introduction to the Series 06 02 Foreword 08 03 Executive Summary 10 04 Governance 14 4.1 Constitution of Pakistan (Refer to the Federal Review) 4.3.2.1 NWFP Local Government Ordinance 2001 15 4.3.2.2 NWFP Amendment of laws Ordinance 2001 130 05 Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 134 5.1.1 Land Tenure 135 5.1.1.1 NWFP Gomal Zam Project (Control and Prevention of Speculation in Land) Ordinance 2001 135 5.1.1.2 Land Reforms (North–West Frontier Province Amendment) Act 1972 142 5.1.1.3 NWFP Land Reforms Rules 1972 147 5.1.1.4 West Pakistan Land Utilization Ordinance 1959 153 5.1.1.5 West Pakistan -
Pakistan. Country Overview — 3
European Asylum Support Office EASO Country of Origin Information Report Pakistan Country Overview August 2015 SUPPORT IS OUR MISSION European Asylum Support Office EASO EASO Country of Origin Information Report Pakistan Country Overview August 2015 SUPPORT IS OUR MISSION Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) Certain mobile telephone operators do not allow access to 00800 numbers or these calls may be billed. More information on the European Union is available on the Internet (http://europa.eu). ISBN 978-92-9243-510-3 doi:10.2847/991158 © European Asylum Support Office, 2015 Neither EASO nor any person acting on its behalf may be held responsible for the use which may be made of the information contained therein. EASO Country of Origin Information Report — Pakistan. Country Overview — 3 Acknowledgments EASO would like to acknowledge the following national asylum and migration departments as the co-authors of this report: Austria, Federal Office for Immigration and Asylum, Country of Origin Information Department Belgium, Office of the Commissioner General for Refugees and Stateless Persons, Cedoca (Centre for Documentation and Research) France, French Office for the Protection of Refugees and Stateless persons (OFPRA), Information, Documentation and Research Division Hungary, Office of Immigration and Nationality, Documentation Centre UK, Home Office, Country Policy and Information Team The following departments reviewed this report: Ireland, Refugee Documentation Centre, Legal Aid Board Lithuania, Migration Department under Ministry of Internal Affairs, Asylum Affairs Division UNHCR has reviewed the report in relation to information for which UNHCR is quoted as the source, relating to persons of concern to UNHCR in Pakistan (refugees, asylum-seekers and stateless persons in Pakistan, as well as IDPs).