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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 ........................................................................... -
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. -
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 -
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. -
Aurat Foundation
ResearchedMaliha Zia and Written By Pakistan NGO Alternative Report Riffat Butt onExecutive CEDAW Summary– 2005-2009 (With Updated Notes - 2009-2012) Articles 1 – 4: ReviewedNeelam Hussain By Naeem Mirza Definition of Discrimination; Policy Measures Nasreen Azhar to be undertaken to Eliminate Discrimination; Guarantee of Younas Khalid Basic Human Rights and Fundamental Freedoms on an Equal ArticleBasis with 5: Men; Temporary Special Measures to Achieve ArticleEquality 6: Article 7: Sex Roles and Stereotyping Article 8: Trafficking and Prostitution Data Input by Aurat Article 9: Political and Public Life Foundation’s Team Participation at the International Level Article 10: Mahnaz Rahman, Rubina Brohi Nationality Article 11: (Karachi), Nasreen Zehra, Article 12: Equal Rights in Education Ume-Laila, Mumtaz Mughal, Article 13: Employment (Lahore), Shabina Ayaz, Article 14: Healthcare and Family Planning Saima Munir (Peshawar), Economic, Social & Cultural Benefits Haroon Dawood, Saima Javed Article 15: (Quetta), Wasim Wagha, Rural Women Article 16: Rabeea Hadi, Shamaila Tanvir, General RecommendationEquality before the 19: Law Farkhanda Aurangzeb, Myra Marriage and Family Imran (Islamabad) Violence against Women ChaptersImplementing Contributed CEDAW By in Pakistan DemocracyBy Tahira Abdullah and Women’s Rights: Pakistan’s Progress (2007-2012) Decentralization,By Ayesha Khan 18th Constitutional Amendment and Women’s Rights MinorityBy Rubina WomenSaigol of Pakistan: A Case of Double Jeopardy By Peter Jacob and Jennifer Jag Jewan Prepared By ii ThisAll publication rights is provided reserved gratis or sold, subject to the condition that it shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than in which it is published and without a similar condition being imposed on the subsequent publisher. -
(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. -
NEWS and EVENTS News and Reports Amnesty Film Festival
Member Center | Student Center NEWS AND EVENTS Home > News and Events > News and Reports News and Reports PAKISTAN Amnesty Film INSUFFICIENT PROTECTION OF WOMEN Festival government of Pakistan vigorously condemns the p Annual General 1. INTRODUCTION Meeting Regional For years, women in Pakistan have been severely disadvantaged and discriminated against. Conferences They have been denied the enjoyment of a whole range of rights - economic, social, civil and political rights and often deprivation in one of these areas has entailed discrimination in Leadership Summit another. Women who have been denied social rights including the right to education are also Local Events often denied the right to decide in matters relating to their marriage and divorce, are more easily abused in the family and community and are more likely to be deprived of the right to Nationwide Events legal redress. Often abuses are compounded; poor girls and women are trafficked and subject to forced marriage, forced prostitution or exploitative work situations such as bonded labour. In all of these situations they are likely to be mentally, physically and sexually abused, again without having the wherewithal to obtain justice.(1) Since publishing its 1999 report, Pakistan: Violence against women in the name of honour(2), Amnesty International has found that while few positive changes have taken place in the area of women's rights, the state in Pakistan still by and large fails to provide adequate protection for women against abuses in the custody of the state and in the family and the community. In fact, the number of victims of violence appears to rise. -
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. -
Disclaimer: the Views and Opinions Expressed In
Disclaimer: The views and opinions expressed in this paper are those of the authors and do not necessarily reflect the official policy or position of the Legal Aid Society, DAI Pakistan or the Foreign Commonwealth Office. The contents of this Research Paper are the exclusive Intellectual Property of the Legal Aid Society and any unauthorized reproduction, distribution, modification, use, or transmission of this work in any form or by any means, including photocopying or through any other electronic or mechanical methods is illegal and will constitute infringement of such Intellectual Property Rights. The Legal Aid Society shall be identified as the copyright owner on any authorized reproduction, distribution, use or transmission of this work. Rights? What Rights? An Analysis of Emerging Human Rights from Constitutional Case Law in Pakistan Maliha Zia is an Advocate High Court with an LLM in International Protection of Human Rights from School of Oriental and African Studies (University of London), London. She is a researcher, trainer, legislative drafter and an Advocate, consulting on gender, law, religious minorities and human rights. She can be contacted at [email protected] Barrister Aiyan Bhutta is an Advocate High Court and a Barrister-at-Law from Lincoln’s Inn. He is a practicing lawyer specializing in the field of criminal law. Apart from undertaking criminal trials, Aiyan regularly represents individuals in Criminal Appeals before the High Courts of Pakistan. Moreover, Aiyan also has experience training different actors within the criminal justice system in areas such as international human rights law, laws relating to women and minorities along with research and advocacy skills. -
Simorgh Annual Report 2007
Annual Report Simorgh Women’s Resource and Publication Centre 2007 Contents Page 1. Asia Pacific Advisory Forum on Judicial Education on Equality Issues – the next five year plan. 2. Bayan – a regional socio-legal journal 3 1.a Spreading the Word: The Najma Sadeque Lectures 3 3. The World Court (AWHRC-Simorgh) 5 4. The Lahore Walled City Project: Planting the Seeds of Change III 6 5. Women’s Empowerment in Muslim Contexts 15 6. Asia-Pacific Advisory Forum for Judicial Education on Equality Issues 15 7. Kaleidoscope and Phuljhari Primers: Planting the Seeds of Change I 17 8. Publications 17 9. Conference and Publication Project 18 10. Simorgh Diary 18 11. Earthquake Relief 18 Year in Review Along with ongoing and new activities, this has been a year for planning for the future. The ongoing activities fall into two categories, viz non-funded and to a degree self- sustaining, and those that have funds to sustain them. The Human Rights School Texts Project: Planting the Seeds of Change I, comprising the Kaleidoscope Primers (English) and Phuljhari (Urdu) and the socio-legal journal, Bayan fall in the former category; in the latter there is the Lahore Walled City Project and the Pathways research project. 2007 has also been a year of activism. The summary dismissal of the Chief Justice of Pakistan by General Musharaf triggered of the Lawyers Movement Continuing with its policy to maintain its focus on awareness-raising, with one critical exception of the Lahore Walled City Project: Planting the Seeds of Change III, the bulk of Simorgh’s work in 2006 has also been with the production and dissemination of information. -
Const.P. 29 2016 28072016.Pdf
IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) PRESENT: MR. JUSTICE EJAZ AFZAL KHAN MR. JUSTICE SH. AZMAT SAEED MR. JUSTICE IJAZ UL AHSAN C. M. A. NO. 4978 OF 2017 IN CONSTITUTION PETITION NO. 29 OF 2016 ETC. (Report by JIT). AND C. M. A. NO. 2939 OF 2017 IN CONSTITUTION PETITION NO. 29 OF 2016 ETC. Imran Ahmed Khan and others. …Applicant(s) Versus Mian Muhammad Nawaz Sharif, Prime Minister of Pakistan. …Respondent(s) AND CONSTITUTION PETITION NO. 29 OF 2016. (Under Article 184 of the Constitution) Imran Ahmed Khan Niazi. …Petitioner(s) Versus Mian Muhammad Nawaz Sharif, Prime Minister of Pakistan, etc. …Respondent(s) AND CONSTITUTION PETITION NO. 30 OF 2016. (Under Article 184 of the Constitution) Sheikh Rasheed Ahmed. …Petitioner(s) Versus Federation of Pakistan through Secretary Law, Justice and Parliamentary Division, etc. …Respondent(s) AND CONSTITUTION PETITION NO. 03 OF 2017. (Under Article 184 of the Constitution) Siraj-ul-Haq, Ameer Jamat-e-Islami, Pakistan. …Petitioner(s) Versus Federation of Pakistan through Ministry of Parliamentary Affairs, Islamabad and others. …Respondent(s) ……………… Const. Ps. No. 29-30/2016 & 03/2017. 2 IN ATTENDANCE. (in Const. P. 29/2016). For the petitioner(s): Syed Naeem Bokhari, ASC Mr. Sikandar Bashir Mohmand, ASC Mr. Fawad Hussain Ch., ASC Mr. Faisal Fareed Hussain, ASC. Ch. Akhtar Ali, AOR. Assisted by : Barrister Maleeka Bokhari. Shahid Naseem Gondal, Adv. Kashif Nawaz Siddiqui, Adv. M. Imad Khan, Adv. For respdt. No. 1: Khawaja Harris Ahmed, Sr. ASC. Assisted by: M. Amjad Pervaiz, ASC Saad Hashmi, Adv. Adnan Khawaja, Adv. For respdt. No. -
Monthly Case Law Update
MONTHLY CASE LAW UPDATE Vol. 1, No.10 August & September, 2013 ________________________________________________________________ CONSTITUTION Contents Page 1) Pakistan Bar Council vs. Federal Government. (2013 SCMR 1651) Constitution 1 Iftikhar Muhammad Chaudhry, C.J., Ijaz Ahmed Chaudhry and Gulzar Criminal Law 2 Ahmed, JJ Election Laws 3 It has been opined by the apex court while entertaining the constitutional petition under Art.184(3) of the Constitution, concerning Family Laws 4 recognition/affiliations of law colleges and universities and raising of standard of legal education in the country, that State was Financial Institutions (R.O.F) responsible for ensuring fundamental right of Ordinance 4 education enshrined in Art.9 read with Arts.25-A and 37 of the Constitution. Land Acquisition Act 4 2) Haji Muhammad Zaman Khan vs. Member BOR Punjab. Pre-Emption Act 5 (2013 SCMR 1595) Service Laws 5 Tassaduq Hussain Jillani and Asif Saeed Khan Khosa, JJ It has been opined, inter alia, High Court in its constitutional jurisdiction could interfere with the Special Event order passed by a Tribunal of competent jurisdiction, however, said exercise had to be confined to examine whether the order passed Indian Supreme Court Judge 6 was in accordance with the law; whether it was a Visits Research Centre case of no evidence; whether the authority acted in bad faith or there was failure to follow the procedure prescribed in law. Page | 1 LAHORE HIGH COURT RESEARCH CENTRE PUBLICATION, 2013 3) Nazar Elahi vs. Govt. of Punjab. CRIMINAL LAW (2013 CLC 1457) 5) Dilawar Hussain vs. The State. Mrs. Ayesha A. Malik, J (2013 SCMR 1582) The petitioner assailed the proclamation wherein a relaxation of age was offered to Iftikhar Muhammad Chaudhry, female candidates but the same relaxation C.J., Ejaz Afzal Khan, Ijaz Ahmed of age was not offered to male candidates.