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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. -
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 -
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. -
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. -
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. -
Comparative Constitutional Law SPRING 2012
Comparative Constitutional Law SPRING 2012 PROFESSOR STEPHEN J. SCHNABLY Office: G472 http://osaka.law.miami.edu/~schnably/courses.html Tel.: 305-284-4817 E-mail: [email protected] SUPPLEMENTARY READINGS: TABLE OF CONTENTS Reference re Secession of Quebec, [1998] 2 S.C.R. 217 .................................................................1 Supreme Court Act, R.S.C., 1985, c. S-26. An Act respecting the Supreme Court of Canada................................................................................................................................11 INS v. Chadha, 462 U.S. 919 (1983) .............................................................................................12 Kenya Timeline..............................................................................................................................20 Laurence Juma, Ethnic Politics and the Constitutional Review Process in Kenya, 9 Tulsa J. Comp. & Int’l L. 471 (2002) ..........................................................................................23 Mary L. Dudziak, Working Toward Democracy: Thurgood Marshall and the Constitution of Kenya, 56 Duke L.J. 721 (2006)....................................................................................26 Laurence Juma, Ethnic Politics and the Constitutional Review Process in Kenya, 9 Tulsa J. Comp. & Int’l L. 471 (2002) .......................................................................................34 Migai Akech, Abuse of Power and Corruption in Kenya: Will the New Constitution Enhance Government -
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. -
The Case That Stopped the Coup? the Rule of Law in Fiji
1 THE CASE THAT STOPPED A COUP? THE RULE OF LAW IN FIJI George Williams Anthony Mason Professor and Director Gilbert + Tobin Centre of Public Law Faculty of Law University of New South Wales THIS IS A TRANSCRIPT OF THE 2003 QUENTIN-BAXTER MEMORIAL TRUST LECTURE DELIVERED AT THE LAW SCHOOL OF VICTORIA UNIVERSITY OF WELLINGTON ON 27 NOVEMBER 2003. 2 I INTRODUCTION∗ I appreciate the privilege of addressing you today. As a scholar at Victoria University of Wellington, Professor Quentin-Baxter recognised something that is only becoming fully apparent today. That is the idea, reflected in his own academic work and public service, that it is not only possible, but necessary to bridge the divide that is often imagined between the fields of international and constitutional law. I am also delighted to be giving this lecture because it deals with a subject to which Mrs Alison Quentin- Baxter, as a constitutional and international lawyer, has made a distinguished contribution. That subject is the development of legal institutions and the strengthening of the rule of law in the Pacific. Mrs Quentin-Baxter was Counsel assisting the Fiji Constitution Review Committee that was instrumental in drafting Fiji’s multi-racial 1997 Constitution.1 My lecture today concerns that Constitution and the events that overtook it. On 29 May 2000, the Commander of the Fiji Military Forces issued a decree abrogating the 1997 Fijian Constitution. Nine months later on 1 March 2001, the Court of Appeal of Fiji held in Republic of Fiji v Prasad2 that the 1997 Constitution remains in force as the supreme law of Fiji. -
Senate Secretariat
(115th Session) SENATE SECRETARIAT ————— “QUESTIONS FOR ORAL ANSWERS AND THEIR REPLIES” to be asked at a sitting of the Senate to be held on Friday, the 8th May, 2015 DEFERRED QUESTIONS (Question Nos. 54, 56, 24 and 28 Deferred on 16th April, 2015 (114th Session) *Question No. 54 (Def.). Mr. Hidayat Ullah: (Notice received on 22-01-2015 at 12:45 p.m.) Will the Minister for States and Frontier Regions be pleased to state the steps being taken by the Government for management of Afghan refugees in the country and their repatriation to Afghanistan? Lt. Gen. (Retd.) Abdul Quadir Baloch: The repatriation of registered Afghan refugees is guided by the principle of voluntarism as embedded in the Tripartite Agreement signed between Governments of Pakistan, Afghanistan and UNHCR valid up to 31st December, 2015. As per Federal Cabinet decision dated 25-7-2013, the Afghan Refugees having valid Proof of Registration (PoR) cards can stay in Pakistan till 31st December, 2015. However, in the 25th Tripartite Commission meeting held in Islamabad, Pakistan on 11th March, 2015, the Governments of Afghanistan and Pakistan alongwith UNHCR have reaffirmed their commitment for engagement and coordination for devising a joint comprehensive policy envisaging voluntary returns. The said policy will be finalized by mid- year latest by August, 2015 and will be submitted to the Federal Cabinet for further guidance/approval. *Question No. 56 (Def.). Mr. Saeed Ghani: (Notice received on 23-01-2015 at 02:15 p.m.) Will the Minister for Defence be pleased to state: (a) the names and membership number of the members of Commoners Town, Islamabad who have been allotted plots of 250/500 Sq yards in DHA, Islamabad indicating also the plot No. -
1991 S C M R 703 Present: Zaffar Hussain Mirza and Ajmal Mian, JJ
1991 S C M R 703 Present: Zaffar Hussain Mirza and Ajmal Mian, JJ MUHAMMAD SAJJAD HUSSAIN ---Appellant versus MUHAMMAD ANWAR HUSSAIN ---Respondent Civil Appeal No.361-K of 1990, decided on 16th December, 1990. (From the judgment, dated 29-11-1988 of the High Court of Sindh, Karachi, passed in First Appeal No.42 of 1981). (a) Benami transaction--- ---- Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider the question, whether the two Courts below had misread the evidence on record or omitted to take into consideration material evidence and whether they failed to consider the primary and most important question as to the source of money for the purchase of suit house. (b) Constitution or Pakistan (1973)--- ----Art. 185---Civil Procedure Code (V of 1908), 5.100---Appeal to Supreme Court---Concurrent finding of fact of two Courts below---Supreme Court when can interfere. When the appeal in hand is not an appeal under section 100 of the C.P.C., Supreme Court is not precluded to examine the concurrent finding of fact. It is true that while considering the question of grant of leave to appeal against a judgment, Supreme Court declines to grant leave to app6al against a concurrent finding of fact unless it is demonstrated that the finding is perverse or is based on misreading of evidence or contrary to the evidence on record. However, once leave is granted on a question which involves appraisal of evidence, Supreme Court does examine the correctness of the concurrent Finding of fact recorded by the two Courts below and it sets aside if it is found that the same is based on misreading of evidence or is contrary to evidence. -
Judicial Law-Making: an Analysis of Case Law on Khul' in Pakistan
Judicial Law-Making: An Analysis of Case Law on Khul‘ in Pakistan Muhammad Munir* Abstract This work analyses case law regarding khul‘ in Pakistan. It is argued that Balqis Fatima and Khurshid Bibi cases are the best examples of judicial law- making for protecting the rights of women in the domain of personal law in Pakistan. The Courts have established that when the husband is the cause of marital discord, then he should not be given any compensation; and that the mere filing of a suit for khul‘ by the wife means that hatred and aversion have reached a degree sufficient for courts to grant her the separation she is seeking by resorting to her right of khul‘. The new interpretation of section 10(4) of the West Pakistan Family Courts Act, 1964 by Courts in Pakistan is highly commendable. Key words: khul‘, Pakistan, Muslim personal law, judicial khul‘, case law. * [email protected] The author, is Associate Professor at Faculty of Shari‘a & Law, International Islamic University, Islamabad, and Visiting Professor of Jurisprudence and Islamic Law at the University College, Islamabad. He wishes to thank Yaser Aman Khan and Hafiz Muhammad Usman for their help. He is very thankful to Professor Brady Coleman and Muhammad Zaheer Abbas for editing this work. The quotations from the Qur’an in this work are taken, unless otherwise indicated, from the English translation by Muhammad Asad, The Message of the Qur’an (Wiltshire: Dar Al-Andalus, 1984, reprinted 1997). Islamabad Law Review Introduction The superior Courts in Pakistan have pioneered judicial activism1 regarding khul‘. -
Law Review Islamabad
Islamabad Law Review ISSN 1992-5018 Volume 1, Number 1 January – March 2017 Title Quarterly Research Journal of the Faculty of Shariah & Law International Islamic University, Islamabad ISSN 1992-5018 Islamabad Law Review Quarterly Research Journal of Faculty of Shariah& Law, International Islamic University, Islamabad Volume 1, Number 1, January – March 2017 Islamabad Law Review ISSN 1992-5018 Volume 1, Number 1 January – March 2017 The Islamabad Law Review (ISSN 1992-5018) is a high quality open access peer reviewed quarterly research journal of the Faculty of Shariah & Law, International Islamic University Islamabad. The Law Review provides a platform for the researchers, academicians, professionals, practitioners and students of law and allied fields from all over the world to impart and share knowledge in the form of high quality empirical and theoretical research papers, essays, short notes/case comments, and book reviews. The Law Review also seeks to improve the law and its administration by providing a forum that identifies contemporary issues, proposes concrete means to accomplish change, and evaluates the impact of law reform, especially within the context of Islamic law. The Islamabad Law Review publishes research in the field of law and allied fields like political science, international relations, policy studies, and gender studies. Local and foreign writers are welcomed to write on Islamic law, international law, criminal law, administrative law, constitutional law, human rights law, intellectual property law, corporate law, competition law, consumer protection law, cyber law, trade law, investment law, family law, comparative law, conflict of laws, jurisprudence, environmental law, tax law, media law or any other issues that interest lawyers the world over.