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A History of the Judiciary in Pakistan

Hamid Khan

ISBN13: 9780199068609

New Edition ISBN: 9789697342242

Published: May 2016

Publisher: Oxford University Press

Country of Publication: Pakistan

Format: Hardback

Price: Out of print

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.

Subjects:: Legal History, Other Jurisdictions , Asia

Contents:: Table of Cases xv; Preface xxv; Introduction 1; 1. THE JUDICIARY AT THE TIME OF INDEPENDENCE 9; Judiciary in India Before Partition 9; The Federal Court of India 10; The High Courts in India 11; Judiciary in the Territories Forming Pakistan 12; The Lahore High Court 12; The Sindh Chief Court 13; Judicial Commissionersâ Courts at Peshawar and Quetta 13; The High Court of East Bengal 14; Adaptation of Laws 15; 2. ESTABLISHMENT OF THE FEDERAL COURT OF PAKISTAN UNDER MIAN ABDUR RASHID (1949â1954) 17; Leading Cases Decided by the Rashid Court 19; Rawalpindi Conspiracy Case 25; Appointments in the Federal Court 26; The High Courts During this Period 27; 3. JUDICIARY BECOMES CONTROVERSIAL: THE MUNIR COURT (1954â1960) 30; Appointment of Munir as Chief Justice 30; Munir Court on Trial 32; Maulvi Tamizuddin Khan Case 32; Appeal Filed by the Federal Government 34; The Federal Court Judgement 35; Dissent of Justice A. R. Cornelius 36; Concluding Remarks 39; Usif Patel Case 43; Governor Generalâs Reference to the Federal Court 45; The Doctrine of State N ecessity 49; The Impact of Constitutional Cases 51; The Merger of the High Courts in West Pakistan 53; The Judiciary Under the Constitution of 1956 55; Performance of Judiciary Under Munir Until the Martial Law of 1958 58; The Judiciary After the Martial Law of O ctober 1958 62; The Dosso Case 62; Mehdi Ali Khan Case 64; Other Significant Judgements After the Declaration of Martial Law 65; Important Judgements During the Period 1956â1960 68; Composition of the Federal Court and the Supreme Court Under Munir 74; The High Courts Under Munir 75; The Munir Report 77; Munir: The Man and the Judge 78; 4. THE GOLDEN PERIOD OF THE JUDICIARY: THE CORNELIUS COURT (1960â1968) 86; Shahabuddin and His Court 86; A. R. Cornelius and His Court 88; The High Courts During the Cornelius Era 89; The Judiciary Under the Constitution of 1962 93; The Supreme Courtâs Judgement in Maududiâs Case 98; Snelson Case 99; Other Leading Constitutional Cases During the Cornelius Court 102; Cornelius on Bias of a Judge 109; Manner of Appointment of Judges of the High Courts 112; Cornelius: The Man and the Jurist 113; 5. THE JUDICIARY UNDER S. A. RAHMAN AND FAZLE AKBAR 121; The Judiciary Under Ayub Khan 124; 6. TURBULENT TIMES: THE HAMOOD COURT (1968â1975) 127; The Fall of Ayub Khan and the Martial Law of Yahya Khan:; The Judiciary on Trial 127; The Mir Hassan Case 130; Dissolution of the West Pakistan High Court 131; Composition of the Supreme Court (1968â1971) 133; Accountability of Judges: Removal of Shaukat Ali 134; The High Court of East Pakistan Until the Fall of Dacca 135; High Courts in West Pakistan (later Pakistan) 138; Composition of the Supreme Court After the Break-up of Pakistan 140; Important Constitutional Cases Decided by the Hamood Court 143; Other Important Cases Decided by the Hamood Court 156; Hamoodur Rahman: The Man and the Judge 159; 7. THE DECLINE OF THE JUDICIARY BEGINS: THE YAQUB COURT (1975â1977) 163; Fourth Amendment: The Jurisdiction of Courts Curtailed 163; Fifth Amendment: Judiciary Rendered Weak 164; Constitution (Fifth Amendment) Act, 1976 164; New Law for Contempt of Court 166; Abrar Hassan Case 167; Establishment of the Baluchistan High Court 168; Yaqub Aliâs Amendment: Sixth Amendment to the Constitution 169; The High Courts and their Workings 169; Partial Martial Law and the Verdict of the Lahore High Court 171; Composition of the Supreme Court Under Yaqub Ali 172; Martial Law of General Zia ul-Haq 173; Withdrawal of the Fifth and Sixth Amendments: Removal of Yaqub Ali 174; Important Cases Decided by the Yaqub Court 174; Yaqub Ali: The Man and the Judge 177; 8. THE MILITARY OVERPOWERS THE JUDICIARY: THE ANWAR COURT (1977â1981) 181; The Military and Judiciary in Partnership 182; The N usrat Bhutto Case and the Doctrine of N ecessity 184; The High Courts and the Doctrine of N ecessity 191; Bhuttoâs Trial and Execution 192; (i) Maulvi Mushtaq Hussain 192; (ii) Detention and Cancellation of Bhuttoâs Bail 193; (iii) Bhuttoâs Trial 195; (iv) Was the Trial Fair? 196; (v) The Judgement of the High Court 197; (vi) Appeal Before the Supreme Court 198; (vii) Retirement of Members of the Supreme Court Bench 199; (viii) The Judgement in Appeal 200; (ix) Review Application and its Dismissal 201; (x) Controversy O ver the Supreme Court Verdict 201; (xi) The Execution of Bhutto 204; Superior Courts Empowered to Declare Laws Un-Islamic 204; Deteriorating Relations Between the Judiciary and Military 205; Military Courts Introduced in the Constitution: Article 212-A 206; Fall of Maulvi Mushtaq Hussain 208; Baluchistan High Court Makes Bold Decisions 210; The Federal Shariat Court 212; Permanent Benches of the High Courts Established 213; The Provisional Constitution O rder, 1981 214; Judiciary Humiliated and the Fall of Anwar ul Haq 216; Composition of the Supreme Court Under Anwar ul Haq 218; Important Cases Decided by the Anwar Court 220; Anwar ul Haq: The Man and the Judge 225; 9. DARK DAYS OF THE JUDICIARY: THE HALEEM COURT (1981â1989) 231; Change in the Composition of the Superior Courts 231; The Provisional Constitution O rder (PCO) Upheld 233; The High Courts from 1981 to 1989 234; Performance of the Haleem Court Before the Death of Zia 243; Performance of the Haleem Court After the Death of Zia 248; Other Important Constitutional Cases Decided by the Haleem Court 252; Conflict O ver Appointment of Judges 256; Muhammad Haleem: The Man and the Judge 258; 10. YEARS OF JUDICIAL CONFUSION: THE ZULLAH COURT (1990â1993) 262; Composition of the Supreme Court Under Zullah 263; High Courts During Zullah Years 264; Important Cases Decided by the Zullah Court 271; Other Important Cases Decided by the Zullah Court 274; Contempt of Court Committed by General Mirza Aslam Beg 285; Muhammad Afzal Zullah: The Man and the Judge 286; 11. ACTIVIST COURT OF NASIM HASAN SHAH (1993â1994) 291; Dissolution of the National Assembly 292; Order of Dissolution 292; Order of Dissolution Challenged 293; Constitutional Duel Over Punjab 297; Dissolution of the Provincial Assembly of N WFP, 1993 300; Other Important Cases Decided by the Nasim Court 301; Composition of the Supreme Court Under Nasim 303; Shafiur Rahman Retires 303; The High Courts During this Period 304; Nasim Hasan Shah: The Man and the Judge 305; 12. A HOUSE DIVIDED AGAINST ITSELF: THE JUDICIARY UNDER SAJJAD ALI SHAH (1994â1997) 309; Saad Saood Jan: A Victim of Judicial Intrigues 309; Benazirâs Attitude Towards the Judiciary 310; Sajjad Ali Shah Appointed Chief Justice of Pakistan 312; Sabir Shah Case 314; Sajjad Ali Shah Takes O ver as Chief Justice 317; Public Hangings Banned 321; Implementation of Decision to Separate the Judiciary from the Executive 321; The Local Bodies Case 322; Wattoo Government Sacked: Lahore High Court Verdict 324; PPPâs Rough Handling of Superior Courts 327; The Judgesâ Judgement 328; Presidentâs Reference N o.; 2 337; Dissolution of the National Assembly Challenged 340; Eighth Amendment Held Valid: Mahmood Achakzaiâs Case 347; Confrontation of Sajjad with Nawaz Sharif 350; Sajjadâs Deteriorating Relations with his Colleagues 352; Sajjadâs Confrontation with the Prime Minister and the Parliament 354; Fall of Sajjad Ali Shah 355; Storming of the Supreme Court 358; A Divided Judiciary 360; Asad Ali Case 361; Composition of the Supreme Court Under Sajjad 364; Composition of High Courts Under Sajjad 367; Sajjad Ali Shah: The Man and the Judge 372; 13. THE JUDICIARY RECOVERS PARTIALLY: THE AJMAL COURT (1997â1999) 382; Contempt of Court Cases Before the Supreme Court 383; Petition Against the Thirteenth Amendment Dismissed 386; Supreme Courtâs Verdict on the Fourteenth Amendment 386; The Supreme Court Strikes Down Anti-Terrorist Law 388; Nuclear Tests: Declaration of Emergency 390; Supreme Court Declares Military Courts Unconstitutional 393; Storming of the Supreme Court Case Decided 395; Service Quota Case 396; Lahore High Court Upholds the Ehtesab Act 397; Rafiq Tarar Case 398; Hitachi Case 400; Zakat Declaration Case 403; Composition of the Supreme Court Under Ajmal 404; Composition of the High Courts Under Ajmal 404; Ajmal Mian: The Man and the Judge 406; 14. THE DEPOSED CHIEF JUSTICE: SAEEDUZZAMAN SIDDIQUI (1999â2000) 412; Important Cases Decided by the Siddiqui Court 414; Saeeduzzaman Siddiqui: The Man and the Judge 419; 15. THE USURPER CHIEF JUSTICE: IRSHAD HASSAN KHAN (2000â2002) 421; Supreme Court Upholds Military Takeover 422; Judgement in NAB Ordinance 426; Irshad Appointed Chief Election Commissioner 429; Composition of the Supreme Court Under Irshad 432; Composition of the High Courts Under Irshad 434; Irshad Hassan Khan: The Man and the Judge 436; 16. JUDICIARY SUBMERGED IN CORRUPTION: SHEIKH RIAZ AHMAD (2002â2003) 442; Muhammad Bashir Jehangiri 442; Riaz Takes Over as Chief Justice 443; Legal Framework O rder 2002 Challenged 445; Confrontation with the Bar 446; Struggle of the Bar Against LFO 448; Composition of the Supreme Court Under Riaz 450; Composition of High Courts Under Riaz 450; Riaz Ahmad: The Man and the Judge 453; 17. FACE OF A SPINELESS JUDICIARY: NAZIM HUSSAIN SIDDIQUI (2003â2005) 457; Musharraf and the Issue of the Uniform 457; Seventeenth Amendment Upheld by the Supreme Court 458; Other Important Cases Decided by the Nazim Court 463; Composition of the Supreme Court Under Nazim 466; Composition of the High Courts Under Nazim 467; Nazim Hussain Siddiqui: The Man and the Judge 469; 18. A DIFFICULT BALANCING ACT: IFTIKHAR MUHAMMAD CHAUDHRY (JUNE 2005âMARCH 2007) 471; Hisba Bill and Reference to the Supreme Court 472; Local Government Elections 2005 474; The Steel Mills Case 475; Case of Civil Servants in Relation to Section 2-A of the Service 477; Tribunals Act; Composition of the Supreme Court Under Iftikhar 481; Composition of the High Courts Under Iftikhar 482; 19. IFTIKHAR MUHAMMAD CHAUDHRY: SUSPENDED, SACKED, AND RESTORED: THE LAWYERSâ MOVEMENT (9 MARCH 2007 TO 24 MARCH 2009) 486; The Suspension of the Chief Justice: Events of 9 March 2007 486; Treatment of the Chief Justice After Leaving Army House 488; Supreme Judicial Council Proceedings 490; Proceedings Before the Supreme Court 492; Chief Justice Restored 493; Order of the Court 494; Reaction to these Events by the Public and the Legal Profession 495; Protests 496; Media 498; Judicial Orders and Proceedings Flouted 499; Dual Office Case 500; Wajihuddinâs Case 500; Musharraf âs Election 502; Musharraf âs Coup Against the Judiciary: Emergency and PCO 502; Judges O athed Out 504; Restraining Order of 3 November 2007 505; Crackdown on Lawyers and the Lawyersâ Movement 507; Musharraf âs Emergency Rule 508; Musharraf Quits as COAS and Emergency Lifted 509; Law of Legal Practitioners Amended 510; PCO Supreme Court Upholds PCO 511; Restoration of Judiciary and the Murree Declaration 513; First Long March 516; PPP Reneges Again on Restoration of Judiciary 518; The Dogar Court 521; Ordeal of the High Courts 522; Second Long March and Restoration 523; CONCLUSION 538; Struggle for Survival 538; Judicial Activism and Restraint 541; Instability of the State and the Judiciary 543; Decline in Competence and Integrity of Judges 543; Rat Race Amongst Judges 545; Attitude and Inclination of Judges 547; Neglect of Fundamental Rights 547; Lack of Judicial Philosophy 548; Employment after Retirement 549; Profile of Judiciary 550; Index 551