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IN the SUPREME COURT of PAKISTAN (Original Jurisdiction)
IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: Mr. Justice Gulzar Ahmed, CJ Mr. Justice Mushir Alam Mr. Justice Sardar Tariq Masood Mr. Justice Mazhar Alam Khan Miankhel Mr. Justice Qazi Muhammad Amin Ahmed Suo Moto Case No. 01 of 2020 (SUO MOTO ACTION REGARDING COMBATING THE PANDEMIC OF CORONA VIRUS (COVID -19) IN ATTENDANCE: For the Federation : Mr. Khalid Javed Khan, Attorney General for Pakistan Mr. Sohail Mehmood, DAG Dr. Tanveer Qureshi, Secretary M/o National Health Asif Suhail, Director (Lit) (All from M/o National Health) Syed Mansoor H. Gardezi, Dir. Legal Advisor, Pakistan Bait-ul-Mal. Lt. Gen. Muhammad Afzal, Chairman, NDMA. For ICT : Mr. Niaz Ullah Khan Niazi, A.G., Islamabad Azhar Hussain Shah, DSP Legal. For Govt. of Punjab : Mr. Shan Gul, Acting A.G., Punjab Cap (R) M. Usman, Secy. Primary & Secondary Health Deptt. Punjab. (both via video link from Lahore) Ch. Faisal Fareed, Addl. A.G. Punjab M. Nabeel Ahmed Awan, Secy. Specialized, Health Care & Medical Education Deptt. Saifullah Gondal, Dy. Secretary, Zakat & Usher. Muhammad Aslam Ramay, Administrator Zakat & Usher. Alamgir Ahmed Khan, (all via video link from Lahore) For Govt. of Sindh : Mr. Salman Talibudin, A.G, Sindh Muhammad Usman Chachar, Addl. Chief Secy. Home. Dr. Saeed Ahmed Qureshi, (Focal Person to Chief Secy. Sindh) Zahid Abbasi, Secy. Health Suo Moto Case No.01 of 2020 2 Qazi Shahid Pervez, SMBR Iftikhar Shalwani, Commissioner Kci. Haroon Ahmed Khan Addl. Chief Secretary, Zakat & Ushr (All via Video link from Karachi Branch) For Govt. of KPK : Mr. Shumail Butt, A.G. KP Mr. -
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. -
According to the Syllabus of University of Azad Jammu & Kashmir
LLB FIVE YEARS DEGREE PROGRAMME NOTES According to the Syllabus of University of Azad Jammu & Kashmir Muzaffarabad and Other Public, Private Sector Universities of Pakistan Prepared By Advocate Muhammad Adnan Masood Joja Sardar Javed Zahoor Khan (Advocate) CITI Law College Rawalakot 05824-442207, 444222, 0332-4573251, 051-4852737 Near CMH Rawalakot AJK Web:-www.clc.edu.pk Citi Law College, Near CMH, Rawalakot Ph: 05824-442207, 051-4852737 www.clc.edu.pk Page | 1 Citi Law College, Near CMH, Rawalakot Ph: 05824-442207, 051-4852737 www.clc.edu.pk Page | 2 Citi Law College, Near CMH, Rawalakot Ph: 05824-442207, 051-4852737 www.clc.edu.pk Page | 3 Citi Law College, Near CMH, Rawalakot Ph: 05824-442207, 051-4852737 www.clc.edu.pk Page | 4 Citi Law College, Near CMH, Rawalakot Ph: 05824-442207, 051-4852737 www.clc.edu.pk Page | 5 FUNCTIONAL ENGLISH Citi Law College, Near CMH, Rawalakot Ph: 05824-442207, 051-4852737 www.clc.edu.pk Page | 6 Parts of Speech NOUNS A noun is the word that refers to a person, thing or abstract idea. A noun can tell you who or what. There are several different types of noun: - There are common nouns such as dog, car, chair etc. Nouns that refer to things which can be counted (can be singular or plural) are countable nouns. Nouns that refer to some groups of countable nouns, substances, feelings and types of activity (can only be singular) are uncountable nouns. Nouns that refer to a group of people or things are collective nouns. Nouns that refer to people, organizations or places are proper nouns, only proper nouns are capitalized. -
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. -
The Lok Sabha Has Already Passed This Bill on 23 July 2018
Important Points Failure will never overtake me if my determination to succeed is strong enough Important Points Index • Polity • Awards & Honours • Committees & Recommendations • Appointments • Person in News • Days & Events • Science & Technology • Films & Entertainment • Art & Culture • International Affairs • National Affairs Obituary Important Points Polity Parliament approves 'National Council for Teacher Education (Amendment) Bill' संसद ने NCTE संशोधन बिल को मंजूरी दी Important Points Polity • Rajya Sabha passed the 'National Council for Teacher Education (Amendment) Bill'. • राज्यसभा ने 'राष्ट्र ीय अध्यापक शिक्षा पररषद (संिोधन) विधेयक' पाररत ककया। • The bill seeks to provide retrospective recognition to central and state government funded institutions offering B.Ed and related courses that are not recognised under the National Council for Teacher Education Act. Important Points Polity • इस विधेयक में बी.एड. और संबंधधत पाठ्यक्रमⴂ की पेिकि करने िाले केंद्रीय और राज्य सरकार के वित्त पोकषत संानⴂ को पूिवव्यापी मान्यता प्रदान करना है जो राष्ट्र ीय अध्यापक शिक्षा अधधवनयम के तहत मान्यता प्राप्त नहीं हℂ। • The Lok Sabha has already passed this bill on 23 July 2018. • लोकसभा ने इस विधेयक को पहले ही 23 जुलाई 2018 को पाररत कर ददया है। Important Points Polity Extra Information: Parliament: Important Points Polity Parliament: → The Parliament of India is the supreme legislative body of the Republic of India. → It is a bicameral legislature composed of the President of India and the two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). -
Islamabad Law Review
ISSN 1992-5018 ISLAMABAD LAW REVIEW Quarterly Research Journal of Faculty of Shariah& Law, International Islamic University, Islamabad Volume 3, Number 1&2, Spring/Summer 2019 ISLAM. L. REV. [VOL. 3: 1 & 2, SPRING/SUMMER, 2019] 24 Impact of the Original Jurisdiction of the Supreme Court on Its Appellate Jurisdiction and Pendency of Cases in the Apex Court Yasir Rauf Abstract This paper mainly focuses on the judicial system of Pakistan particularly the Apex Court; as Supreme Court of Pakistan is one of the highest judicial bodies under the Constitution of Islamic Republic of Pakistan 1973. It analyzes the powers and functions along with various kinds of jurisdiction of the Supreme Court. It also throws light on the impacts of the original jurisdiction of the Apex Court of Pakistan on the appellate jurisdiction. Similarly, it also focuses upon the perpetuating impacts by the actions taken by the Supreme Court in form of suo motu over certain important public issues. As the suo motu action might have an obvious impact on the very important fundamental right, that is, Right to Fair Trial. It also intends to discuss the increasing ratio of pending cases due to suo motu actions of the Supreme Court as well as its impact on the Right to Fair Trial and oversee possible solutions. Keywords: Supreme Court of Pakistan, Jurisdiction, Public Importance, Pendency 1. Introduction Supreme Court of Pakistan, set up in 1956, is the top court in the judicial hierarchy of Pakistan, the ultimate arbiter of legal and constitutional litigation and exercising original, appellate, advisory and review jurisdictions. -
3 Who Is Who and What Is What
3 e who is who and what is what Ever Success - General Knowledge 4 Saad Book Bank, Lahore Ever Success Revised and Updated GENERAL KNOWLEDGE Who is who? What is what? CSS, PCS, PMS, FPSC, ISSB Police, Banks, Wapda, Entry Tests and for all Competitive Exames and Interviews World Pakistan Science English Computer Geography Islamic Studies Subjectives + Objectives etc. Abbreviations Current Affair Sports + Games Ever Success - General Knowledge 5 Saad Book Bank, Lahore © ALL RIGHTS RESERVED No part of this book may be reproduced In any form, by photostate, electronic or mechanical, or any other means without the written permission of author and publisher. Composed By Muhammad Tahsin Ever Success - General Knowledge 6 Saad Book Bank, Lahore Dedicated To ME Ever Success - General Knowledge 7 Saad Book Bank, Lahore Ever Success - General Knowledge 8 Saad Book Bank, Lahore P R E F A C E I offer my services for designing this strategy of success. The material is evidence of my claim, which I had collected from various resources. I have written this book with an aim in my mind. I am sure this book will prove to be an invaluable asset for learners. I have tried my best to include all those topics which are important for all competitive exams and interviews. No book can be claimed as prefect except Holy Quran. So if you found any shortcoming or mistake, you should inform me, according to your suggestions, improvements will be made in next edition. The author would like to thank all readers and who gave me their valuable suggestions for the completion of this book. -
(Advisory Jurisdiction) PRESENT: Mr. Justice Gulzar Ahmed, CJ Mr
SUPREME COURT OF PAKISTAN (Advisory Jurisdiction) PRESENT: Mr. Justice Gulzar Ahmed, CJ Mr. Justice Mushir Alam Mr. Justice Umar Ata Bandial Mr. Justice Ijaz ul Ahsan Mr. Justice Yahya Afridi REFERENCE NO.1 OF 2020 [Reference by the President of the Islamic Republic of Pakistan, under Article 186 of the Constitution of the Islamic Republic of Pakistan, 1973] For the Federation : Mr. Khalid Jawed Khan, [in Reference No.1/2020] Attorney General for Pakistan [in CMA.127-128, 170, Mr. Sohail Mehmood, Addl. Attorney General 989,1293/2021] for Pakistan Mr. Ayaz Shaukat, DAG [Assisted by Ms. Maryum Rasheed, Advocate] For the National Assembly : Mr. Abdul Latif Yousafzai, Sr. ASC [in CMA.278/2021] Mr. Muhammad Mushtaq, Addl. Secretary (Legislation) Mr. Muhammad Waqar, DPO (Lit.) For the Senate of Pakistan : Senator Muhammad Ali Khan Saif [in CMA.296/2021] Mr. Muhammad Javed Iqbal, DD For the Election Commission : Mr. Sikandar Sultan Raja, Chief Election [in CMA.210, 808, 880, 983, Commissioner 1010/2021] Mr. Justice (R) Muhammad Iltaf Ibrahim Qureshi, Member (Punjab) Mrs. Justice (R) Irshad Qaiser, Member (KP) Mr. Shah Mehmood Jatoi, Member (Balochistan) Mr. Nisar Ahmed Durrani, Member (Sindh) Mr. Sajeel Shehryar Swati, ASC Mr. Sana Ullah Zahid, ASC, L.A. Dr. Akhtar Nazir, Secretary Mr. Muhammad Arshad, DG (Law) For Government of Punjab : Mr. Ahmed Awais, AG [in CMA.95/2021] Barrister Qasim Ali Chohan, Addl.AG Ms. Imrana Baloch, AOR For Government of Sindh : Mr. Salman Talib ud Din, AG [in CMA.386/2021] Mr. Sibtain Mahmud, Addl.AG (via video link from Karachi) For Government of KP : Mr. -
ROLE of JUDICIARY and JURISPRUDENCE in DOMESTIC and INTERNATIONAL ARBITRATION* by Justice Jawad Hassan**
ROLE OF JUDICIARY AND JURISPRUDENCE IN DOMESTIC AND INTERNATIONAL ARBITRATION* by Justice Jawad Hassan** Introduction Today I will discuss an aspect of arbitration and its impact in Pakistan. Courts in different national systems throughout the world vary with respect to how interventionist they are in the arbitral process. In recent decades, ever since Pakistan has entered the new world of international trade, the role of judiciary in the matter of arbitration has gradually been the subject of much debate, as a result of a number of various decisions given by the courts. Is the role that has been played by the judiciary justified? I must confess that my perspective and vision being a counsel in number of international arbitrations (pre, during and post arbitration) has totally changed since my elevation to the Bench. There is a very interesting observation in paragraph 7.01 of Redfern and Hunter on International Arbitration: Sixth Edition: Oxford University Press. The observation is as follows:- “The relationship between national courts and arbitral tribunals swings between forced cohabitation and true partnership.” We shall now look into various arbitration decisions passed by the Pakistani Courts, then venture into the challenges faced by the legal fraternity of Pakistan in arbitration, followed by the need for judicial training and other ancillary matters before concluding this paper. Role of Pakistan and the International Arbitration since 2005 After ratifying the New York Convention, Pakistan first brought the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2005 (“2005 Ordinance”) which was eventually promulgated as an Act in 2011 called the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 (the “2011 Act”).