A history of the judiciary in Pakistan

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A history of the judiciary in Pakistan

Hamid Khan

Oxford University Press, 2016

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Includes bibliographical references and index

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内容説明

One of the major organs of the state, the judiciary in Pakistan attained a particularly high profile in recent years owing to former President Musharrafas attempt to remove the Chief Justice of Pakistan and the latteras eventual restoration to office. The exercise of suo moto jurisdiction by the Supreme Court in the matter of enforcement of fundamental rights further enhanced interest in the judiciary, which became a focal point for popular aspirations. This book undertakes a comprehensive study of judicial history in Pakistan since Independence. It includes detailed discussion of the acts, lives and judgments of important Pakistani judges, with their continuing effects on the life of the nation. Lawyers, judges and law professors and students of law, political science and history will find this book of particular value, as will the general reader.

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Contents Table of Cases Preface Introduction 1: THE JUDICIARY AT THE TIME OF INDEPENDENCE Judiciary in India Before Partition The Federal Court of India The High Courts in India Judiciary in the Territories Forming Pakistan The Lahore High Court The Sindh Chief Court Judicial Commissionersa Courts at Peshawar and Quetta The High Court of East Bengal Adaptation of Laws 2: ESTABLISHMENT OF THE FEDERAL COURT OF PAKISTAN UNDER MIAN ABDUR RASHID (1949-1954) Leading Cases Decided by the Rashid Court Rawalpindi Conspiracy Case Appointments in the Federal Court The High Courts During this Period 3: JUDICIARY BECOMES CONTROVERSIAL: THE MUNIR COURT (1954-1960) Appointment of Munir as Chief Justice Munir Court on Trial Maulvi Tamizuddin Khan Case Appeal Filed by the Federal Government The Federal Court Judgement Dissent of Justice A. R. Cornelius Concluding Remarks Usif Patel Case Governor Generalas Reference to the Federal Court The Doctrine of State N ecessity The Impact of Constitutional Cases The Merger of the High Courts in West Pakistan The Judiciary Under the Constitution of 1956 Performance of Judiciary Under Munir Until the Martial Law of 1958 The Judiciary After the Martial Law of O ctober 1958 The Dosso Case Mehdi Ali Khan Case Other Significant Judgements After the Declaration of Martial Law Important Judgements During the Period 1956a1960 Composition of the Federal Court and the Supreme Court Under Munir The High Courts Under Munir The Munir Report Munir: The Man and the Judge 4: THE GOLDEN PERIOD OF THE JUDICIARY: THE CORNELIUS COURT (1960-1968) Shahabuddin and His Court A. R. Cornelius and His Court The High Courts During the Cornelius Era The Judiciary Under the Constitution of 1962 The Supreme Courtas Judgement in Maududias Case Snelson Case Other Leading Constitutional Cases During the Cornelius Court Cornelius on Bias of a Judge Manner of Appointment of Judges of the High Courts Cornelius: The Man and the Jurist 5: THE JUDICIARY UNDER S. A. RAHMAN AND FAZLE AKBAR The Judiciary Under Ayub Khan 6: TURBULENT TIMES: THE HAMOOD COURT (1968-1975) The Fall of Ayub Khan and the Martial Law of Yahya Khan: The Judiciary on Trial The Mir Hassan Case Dissolution of the West Pakistan High Court Composition of the Supreme Court (1968-1971) Accountability of Judges: Removal of Shaukat Ali The High Court of East Pakistan Until the Fall of Dacca High Courts in West Pakistan (later Pakistan) Composition of the Supreme Court After the Break-up of Pakistan Important Constitutional Cases Decided by the Hamood Court Other Important Cases Decided by the Hamood Court Hamoodur Rahman: The Man and the Judge 7: THE DECLINE OF THE JUDICIARY BEGINS: THE YAQUB COURT (1975-1977) Fourth Amendment: The Jurisdiction of Courts Curtailed Fifth Amendment: Judiciary Rendered Weak Constitution (Fifth Amendment) Act, 1976 New Law for Contempt of Court Abrar Hassan Case Establishment of the Baluchistan High Court Yaqub Alias Amendment: Sixth Amendment to the Constitution The High Courts and their Workings Partial Martial Law and the Verdict of the Lahore High Court Composition of the Supreme Court Under Yaqub Ali Martial Law of General Zia ul-Haq Withdrawal of the Fifth and Sixth Amendments: Removal of Yaqub Ali Important Cases Decided by the Yaqub Court Yaqub Ali: The Man and the Judge 8: THE MILITARY OVERPOWERS THE JUDICIARY: THE ANWAR COURT (1977-1981) The Military and Judiciary in Partnership The N usrat Bhutto Case and the Doctrine of N ecessity The High Courts and the Doctrine of N ecessity Bhuttoas Trial and Execution (i) Maulvi Mushtaq Hussain (ii) Detention and Cancellation of Bhuttoas Bail (iii) Bhuttoas Trial (iv) Was the Trial Fair? (v) The Judgement of the High Court (vi) Appeal Before the Supreme Court (vii) Retirement of Members of the Supreme Court Bench (viii) The Judgement in Appeal (ix) Review Application and its Dismissal (x) Controversy O ver the Supreme Court Verdict (xi) The Execution of Bhutto Superior Courts Empowered to Declare Laws Un-Islamic Deteriorating Relations Between the Judiciary and Military Military Courts Introduced in the Constitution: Article 212-A Fall of Maulvi Mushtaq Hussain Baluchistan High Court Makes Bold Decisions The Federal Shariat Court Permanent Benches of the High Courts Established The Provisional Constitution O rder, 1981 Judiciary Humiliated and the Fall of Anwar ul Haq Composition of the Supreme Court Under Anwar ul Haq Important Cases Decided by the Anwar Court Anwar ul Haq: The Man and the Judge 9: DARK DAYS OF THE JUDICIARY: THE HALEEM COURT (1981-1989) Change in the Composition of the Superior Courts The Provisional Constitution O rder (PCO) Upheld The High Courts from 1981 to 1989 Performance of the Haleem Court Before the Death of Zia Performance of the Haleem Court After the Death of Zia Other Important Constitutional Cases Decided by the Haleem Court Conflict O ver Appointment of Judges Muhammad Haleem: The Man and the Judge 10: YEARS OF JUDICIAL CONFUSION: THE ZULLAH COURT (1990-1993) Composition of the Supreme Court Under Zullah High Courts During Zullah Years Important Cases Decided by the Zullah Court Other Important Cases Decided by the Zullah Court Contempt of Court Committed by General Mirza Aslam Beg Muhammad Afzal Zullah: The Man and the Judge 11: ACTIVIST COURT OF NASIM HASAN SHAH (1993-1994) Dissolution of the National Assembly Order of Dissolution Order of Dissolution Challenged Constitutional Duel Over Punjab Dissolution of the Provincial Assembly of N WFP, 1993 Other Important Cases Decided by the Nasim Court Composition of the Supreme Court Under Nasim Shafiur Rahman Retires The High Courts During this Period Nasim Hasan Shah: The Man and the Judge 12: A HOUSE DIVIDED AGAINST ITSELF: THE JUDICIARY UNDER SAJJAD ALI SHAH (1994-1997) Saad Saood Jan: A Victim of Judicial Intrigues Benaziras Attitude Towards the Judiciary Sajjad Ali Shah Appointed Chief Justice of Pakistan Sabir Shah Case Sajjad Ali Shah Takes O ver as Chief Justice Public Hangings Banned Implementation of Decision to Separate the Judiciary from the Executive The Local Bodies Case Wattoo Government Sacked: Lahore High Court Verdict PPPas Rough Handling of Superior Courts The Judgesa Judgement Presidentas Reference N o. 2 Dissolution of the National Assembly Challenged Eighth Amendment Held Valid: Mahmood Achakzaias Case Confrontation of Sajjad with Nawaz Sharif Sajjadas Deteriorating Relations with his Colleagues Sajjadas Confrontation with the Prime Minister and the Parliament Fall of Sajjad Ali Shah Storming of the Supreme Court A Divided Judiciary Asad Ali Case Composition of the Supreme Court Under Sajjad Composition of High Courts Under Sajjad Sajjad Ali Shah: The Man and the Judge 13: THE JUDICIARY RECOVERS PARTIALLY: THE AJMAL COURT (1997-1999) Contempt of Court Cases Before the Supreme Court Petition Against the Thirteenth Amendment Dismissed Supreme Courtas Verdict on the Fourteenth Amendment The Supreme Court Strikes Down Anti-Terrorist Law Nuclear Tests: Declaration of Emergency Supreme Court Declares Military Courts Unconstitutional Storming of the Supreme Court Case Decided Service Quota Case Lahore High Court Upholds the Ehtesab Act Rafiq Tarar Case Hitachi Case Zakat Declaration Case Composition of the Supreme Court Under Ajmal Composition of the High Courts Under Ajmal Ajmal Mian: The Man and the Judge 14: THE DEPOSED CHIEF JUSTICE: SAEEDUZZAMAN SIDDIQUI (1999-2000) Important Cases Decided by the Siddiqui Court Saeeduzzaman Siddiqui: The Man and the Judge 15: THE USURPER CHIEF JUSTICE: IRSHAD HASSAN KHAN (2000-2002) Supreme Court Upholds Military Takeover Judgement in NAB Ordinance Irshad Appointed Chief Election Commissioner Composition of the Supreme Court Under Irshad Composition of the High Courts Under Irshad Irshad Hassan Khan: The Man and the Judge 16: JUDICIARY SUBMERGED IN CORRUPTION: SHEIKH RIAZ AHMAD (2002-2003) Muhammad Bashir Jehangiri Riaz Takes Over as Chief Justice Legal Framework O rder 2002 Challenged Confrontation with the Bar Struggle of the Bar Against LFO Composition of the Supreme Court Under Riaz Composition of High Courts Under Riaz Riaz Ahmad: The Man and the Judge 17: FACE OF A SPINELESS JUDICIARY: NAZIM HUSSAIN SIDDIQUI (2003-2005) Musharraf and the Issue of the Uniform Seventeenth Amendment Upheld by the Supreme Court Other Important Cases Decided by the Nazim Court Composition of the Supreme Court Under Nazim Composition of the High Courts Under Nazim Nazim Hussain Siddiqui: The Man and the Judge 18: A DIFFICULT BALANCING ACT: IFTIKHAR MUHAMMAD CHAUDHRY (JUNE 2005 - MARCH 2007) Hisba Bill and Reference to the Supreme Court Local Government Elections 2005 The Steel Mills Case Case of Civil Servants in Relation to Section 2-A of the Service Tribunals Act Composition of the Supreme Court Under Iftikhar Composition of the High Courts Under Iftikhar 19: IFTIKHAR MUHAMMAD CHAUDHRY: SUSPENDED, SACKED, AND RESTORED: THE LAWYERSa MOVEMENT (9 MARCH 2007 TO 24 MARCH 2009) The Suspension of the Chief Justice: Events of 9 March 2007 Treatment of the Chief Justice After Leaving Army House Supreme Judicial Council Proceedings Proceedings Before the Supreme Court Chief Justice Restored Order of the Court Reaction to these Events by the Public and the Legal Profession Protests Media Judicial Orders and Proceedings Flouted Dual Office Case Wajihuddinas Case Musharraf as Election Musharraf as Coup Against the Judiciary: Emergency and PCO Judges O athed Out Restraining Order of 3 November 2007 Crackdown on Lawyers and the Lawyersa Movement Musharraf as Emergency Rule Musharraf Quits as COAS and Emergency Lifted Law of Legal Practitioners Amended PCO Supreme Court Upholds PCO Restoration of Judiciary and the Murree Declaration First Long March PPP Reneges Again on Restoration of Judiciary The Dogar Court Ordeal of the High Courts Second Long March and Restoration CONCLUSION Struggle for Survival Judicial Activism and Restraint Instability of the State and the Judiciary Decline in Competence and Integrity of Judges Rat Race Amongst Judges Attitude and Inclination of Judges Neglect of Fundamental Rights Lack of Judicial Philosophy Employment after Retirement Profile of Judiciary Index

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