Full Description
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 popularaspirations.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.
Contents
ContentsTable of Cases xvPreface xxvIntroduction 1Judiciary in India Before Partition 9The Federal Court of India 10The High Courts in India 11Judiciary in the Territories Forming Pakistan 12The Lahore High Court 12The Sindh Chief Court 13Judicial Commissionersa Courts at Peshawar and Quetta 13The High Court of East Bengal 14Adaptation of Laws 15(1949a1954) 17Leading Cases Decided by the Rashid Court 19Rawalpindi Conspiracy Case 25Appointments in the Federal Court 26The High Courts During this Period 273. JUDICIARY BECOMES CONTROVERSIAL: THE MUNIR COURT (1954a1960) 30Appointment of Munir as Chief Justice 30Munir Court on Trial 32Maulvi Tamizuddin Khan Case 32Appeal Filed by the Federal Government 34The Federal Court Judgement 35Dissent of Justice A. R. Cornelius 36Concluding Remarks 39Usif Patel Case 43Governor Generalas Reference to the Federal Court 45The Doctrine of State N ecessity 49The Impact of Constitutional Cases 51The Merger of the High Courts in West Pakistan 53The Judiciary Under the Constitution of 1956 55Performance of Judiciary Under Munir Until the Martial Law of 1958 58The Judiciary After the Martial Law of O ctober 1958 62The Dosso Case 62Mehdi Ali Khan Case 64Other Significant Judgements After the Declaration of Martial Law 65Important Judgements During the Period 1956a1960 68Composition of the Federal Court and the Supreme Court Under Munir 74The High Courts Under Munir 75The Munir Report 77Munir: The Man and the Judge 78Shahabuddin and His Court 86A. R. Cornelius and His Court 88The High Courts During the Cornelius Era 89The Judiciary Under the Constitution of 1962 93The Supreme Courtas Judgement in Maududias Case 98Snelson Case 99Other Leading Constitutional Cases During the Cornelius Court 102Cornelius on Bias of a Judge 109Manner of Appointment of Judges of the High Courts 112Cornelius: The Man and the Jurist 1135. THE JUDICIARY UNDER S. A. RAHMAN AND FAZLE AKBAR 121The Judiciary Under Ayub Khan 1246. TURBULENT TIMES: THE HAMOOD COURT (1968a1975) 127The Fall of Ayub Khan and the Martial Law of Yahya Khan:The Judiciary on Trial 127The Mir Hassan Case 130Dissolution of the West Pakistan High Court 131Composition of the Supreme Court (1968a1971) 133Accountability of Judges: Removal of Shaukat Ali 134The High Court of East Pakistan Until the Fall of Dacca 135High Courts in West Pakistan (later Pakistan) 138Composition of the Supreme Court After the Break-up of Pakistan 140Important Constitutional Cases Decided by the Hamood Court 143Other Important Cases Decided by the Hamood Court 156Hamoodur Rahman: The Man and the Judge 159Fourth Amendment: The Jurisdiction of Courts Curtailed 163Fifth Amendment: Judiciary Rendered Weak 164Constitution (Fifth Amendment) Act, 1976 164New Law for Contempt of Court 166Abrar Hassan Case 167Establishment of the Baluchistan High Court 168Yaqub Alias Amendment: Sixth Amendment to the Constitution 169The High Courts and their Workings 169Partial Martial Law and the Verdict of the Lahore High Court 171Composition of the Supreme Court Under Yaqub Ali 172Martial Law of General Zia ul-Haq 173Withdrawal of the Fifth and Sixth Amendments: Removal of Yaqub Ali 174Important Cases Decided by the Yaqub Court 174Yaqub Ali: The Man and the Judge 1778. THE MILITARY OVERPOWERS THE JUDICIARY: THE ANWAR COURT (1977a1981) 181The Military and Judiciary in Partnership 182The N usrat Bhutto Case and the Doctrine of N ecessity 184The High Courts and the Doctrine of N ecessity 191Bhuttoas Trial and Execution 192(i) Maulvi Mushtaq Hussain 192(ii) Detention and Cancellation of Bhuttoas Bail 193(iii) Bhuttoas 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 204Superior Courts Empowered to Declare Laws Un-Islamic 204Deteriorating Relations Between the Judiciary and Military 205Military Courts Introduced in the Constitution: Article 212-A 206Fall of Maulvi Mushtaq Hussain 208Baluchistan High Court Makes Bold Decisions 210The Federal Shariat Court 212Permanent Benches of the High Courts Established 213The Provisional Constitution O rder, 1981 214Judiciary Humiliated and the Fall of Anwar ul Haq 216Composition of the Supreme Court Under Anwar ul Haq 218Important Cases Decided by the Anwar Court 220Anwar ul Haq: The Man and the Judge 225Change in the Composition of the Superior Courts 231The Provisional Constitution O rder (PCO) Upheld 233The High Courts from 1981 to 1989 234Performance of the Haleem Court Before the Death of Zia 243Performance of the Haleem Court After the Death of Zia 248Other Important Constitutional Cases Decided by the Haleem Court 252Conflict O ver Appointment of Judges 256Muhammad Haleem: The Man and the Judge 258Composition of the Supreme Court Under Zullah 263High Courts During Zullah Years 264Important Cases Decided by the Zullah Court 271Other Important Cases Decided by the Zullah Court 274Contempt of Court Committed by General Mirza Aslam Beg 285Muhammad Afzal Zullah: The Man and the Judge 286Dissolution of the National Assembly 292Order of Dissolution 292Order of Dissolution Challenged 293Constitutional Duel Over Punjab 297Dissolution of the Provincial Assembly of N WFP, 1993 300Other Important Cases Decided by the Nasim Court 301Composition of the Supreme Court Under Nasim 303Shafiur Rahman Retires 303The High Courts During this Period 304Nasim Hasan Shah: The Man and the Judge 30512. A HOUSE DIVIDED AGAINST ITSELF: THE JUDICIARY UNDER SAJJAD ALI SHAH (1994a1997) 309Saad Saood Jan: A Victim of Judicial Intrigues 309Benaziras Attitude Towards the Judiciary 310Sajjad Ali Shah Appointed Chief Justice of Pakistan 312Sabir Shah Case 314Sajjad Ali Shah Takes O ver as Chief Justice 317Public Hangings Banned 321Implementation of Decision to Separate the Judiciary from the Executive 321The Local Bodies Case 322Wattoo Government Sacked: Lahore High Court Verdict 324PPPas Rough Handling of Superior Courts 327The Judgesa Judgement 328Presidentas Reference N o. 2 337Dissolution of the National Assembly Challenged 340Eighth Amendment Held Valid: Mahmood Achakzaias Case 347Confrontation of Sajjad with Nawaz Sharif 350Sajjadas Deteriorating Relations with his Colleagues 352Sajjadas Confrontation with the Prime Minister and the Parliament 354Fall of Sajjad Ali Shah 355Storming of the Supreme Court 358A Divided Judiciary 360Asad Ali Case 361Composition of the Supreme Court Under Sajjad 364Composition of High Courts Under Sajjad 367Sajjad Ali Shah: The Man and the Judge 37213. THE JUDICIARY RECOVERS PARTIALLY: THE AJMAL COURT (1997a1999) 382Contempt of Court Cases Before the Supreme Court 383Petition Against the Thirteenth Amendment Dismissed 386Supreme Courtas Verdict on the Fourteenth Amendment 386The Supreme Court Strikes Down Anti-Terrorist Law 388Nuclear Tests: Declaration of Emergency 390Supreme Court Declares Military Courts Unconstitutional 393Storming of the Supreme Court Case Decided 395Service Quota Case 396Lahore High Court Upholds the Ehtesab Act 397Rafiq Tarar Case 398Hitachi Case 400Zakat Declaration Case 403Composition of the Supreme Court Under Ajmal 404Composition of the High Courts Under Ajmal 404Ajmal Mian: The Man and the Judge 40614. THE DEPOSED CHIEF JUSTICE: SAEEDUZZAMAN SIDDIQUI (1999a2000) 412Important Cases Decided by the Siddiqui Court 414Saeeduzzaman Siddiqui: The Man and the Judge 41915. THE USURPER CHIEF JUSTICE: IRSHAD HASSAN KHAN (2000a2002) 421Supreme Court Upholds Military Takeover 422Judgement in NAB Ordinance 426Irshad Appointed Chief Election Commissioner 429Composition of the Supreme Court Under Irshad 432Composition of the High Courts Under Irshad 434Irshad Hassan Khan: The Man and the Judge 436Muhammad Bashir Jehangiri 442Riaz Takes Over as Chief Justice 443Legal Framework O rder 2002 Challenged 445Confrontation with the Bar 446Struggle of the Bar Against LFO 448Composition of the Supreme Court Under Riaz 450Composition of High Courts Under Riaz 450Riaz Ahmad: The Man and the Judge 45317. FACE OF A SPINELESS JUDICIARY: NAZIM HUSSAIN SIDDIQUI (2003a2005) 457Musharraf and the Issue of the Uniform 457Seventeenth Amendment Upheld by the Supreme Court 458Other Important Cases Decided by the Nazim Court 463Composition of the Supreme Court Under Nazim 466Composition of the High Courts Under Nazim 467Nazim Hussain Siddiqui: The Man and the Judge 46918. A DIFFICULT BALANCING ACT: IFTIKHAR MUHAMMAD CHAUDHRY (JUNE 2005aMARCH 2007) 471Hisba Bill and Reference to the Supreme Court 472Local Government Elections 2005 474The Steel Mills Case 475Case of Civil Servants in Relation to Section 2-A of the Service 477Tribunals ActComposition of the Supreme Court Under Iftikhar 481Composition of the High Courts Under Iftikhar 48219. IFTIKHAR MUHAMMAD CHAUDHRY: SUSPENDED, SACKED, AND RESTORED: THE LAWYERSa MOVEMENT (9 MARCH 2007 TO 24 MARCH 2009) 486The Suspension of the Chief Justice: Events of 9 March 2007 486Treatment of the Chief Justice After Leaving Army House 488Supreme Judicial Council Proceedings 490Proceedings Before the Supreme Court 492Chief Justice Restored 493Order of the Court 494Reaction to these Events by the Public and the Legal Profession 495Protests 496Media 498Judicial Orders and Proceedings Flouted 499Dual Office Case 500Wajihuddinas Case 500Musharraf as Election 502Musharraf as Coup Against the Judiciary: Emergency and PCO 502Judges O athed Out 504Restraining Order of 3 November 2007 505Crackdown on Lawyers and the Lawyersa Movement 507Musharraf as Emergency Rule 508Musharraf Quits as COAS and Emergency Lifted 509Law of Legal Practitioners Amended 510PCO Supreme Court Upholds PCO 511Restoration of Judiciary and the Murree Declaration 513First Long March 516PPP Reneges Again on Restoration of Judiciary 518The Dogar Court 521Ordeal of the High Courts 522Second Long March and Restoration 523CONCLUSION 538Struggle for Survival 538Judicial Activism and Restraint 541Instability of the State and the Judiciary 543Decline in Competence and Integrity of Judges 543Rat Race Amongst Judges 545Attitude and Inclination of Judges 547Neglect of Fundamental Rights 547Lack of Judicial Philosophy 548Employment after Retirement 549Profile of Judiciary 550Index 551
