Judiciary – Experiences of a Lifetime

12 Public Interest Litigation under Article 184 of the Constitution

The International Commission of Jurists (ICJ) has been examining and has noticed the following shortcomings in the handling of cases of public interest litigation under Article 184 (popularly known as ‘suo moto’ action) of the constitution. As published in Dawn newspaper Karachi dated September 16th, 2011 with a follow-up story published on September 7, 2018. Continue reading “12 Public Interest Litigation under Article 184 of the Constitution”

8 Show that there exists a constitution in the country

In a book written by Syed Shahid Hussain Khan CSP, it is mentioned that National Defence College of Pakistan was raised to the status of University. There is no copy of Constitution to be found in it, only a commentary. Not surprising that Gen Musharraf found no solution but he did find it only in a letter written by President Lincoln of USA. (See Musharraf’s book of “In the line of fire” page 152). The key part of that letter is

“I felt that matter otherwise unconstitutional might become lawful by becoming indispensable to the preservation of the constitution through the preservation of the nation. I assumed this part and now avow it”

Will Gen Musharraf ever disclose which President’s dream justified sending not only the convict but his entire family into exile with a hefty security deposit with him in US dollars, not to return for ten years not to take part in politics for the same number of years? Oscar Wilde has said somewhere, the truth will be found out sooner or later. Continue reading “8 Show that there exists a constitution in the country”

7 How Pakistanis are forced to leave Pakistan

On one of my visits to the USA, year probably 2000, I saw a discussion on television in which a representative of our counselor office was also present. Someone asked, “Why don’t you send the Pakistanis in jail here back to Pakistan?”. The counselor replied “We want to but none of them wants to go back. They feel more satisfied in jail”. This shocked me a bit and I tried to look back as far as I could. Continue reading “7 How Pakistanis are forced to leave Pakistan”

6 A Court is a Court

Introduction

I am forced to write this on account of news appearing on BBC Urdu Website with the title “Larkana judge resigns” (later amended and clarified here). I have always hated the expression “surprise inspection of a court”. I have been always given reasons for it. A court howsoever low can never be inspected, it can only be observed. Even a Chief Justice when he enters the lowest court he ceases to be Chief Justice. He enters not as Chief justice but only as an observer under full authority and discipline of the court functioning. If the so-called superior judges don’t understand this basic duty of theirs then some members of the Bar will pounce on the judges on being dissatisfied (as it happened in Multan). Continue reading “6 A Court is a Court”

3a Restructuring of the Superior Judiciary

Withdrawal for the time being to its ivory tower to set its own house in order Continue reading “3a Restructuring of the Superior Judiciary”

3 Judiciary Leads in Diluting its Own Ethics

Along with another judge, we attended an International Conference on Copyright and Patents in the neighboring country. One of the speakers there said that some doctors prescribe fake medicines. I asked why they should risk their careers. The reply was, for easy money, for more money, and for quick money.

I may be excused for incorporating in this part some portions of over thirty-five-year-old report of the Eradication of Corruption Commission

Supreme Court Performs

Case No.3A Page 119 Report of the Commission on Eradication of Corruption submitted to the Government on 2^nd October 1979.

A student obtained admission in a medical college by representing that he had obtained 643 marks. Initially, the marks so disclosed stood the test of verification also. Subsequent inquiries of the Board showed that he had obtained 533 marks. It quashed the result, disqualified the student from appearing at seven examinations of the Board. The Medical College expelled the student. On his writ petition, the Supreme Court maintained the decision of the Medical College. The Supreme Court then did the most unusual thing. It quashed the Boards decision on the supposed ground that “it could have been the result of a mistake”. On his representation to Government, the Principal of Medical College strongly opposed his readmission to Medical College. The Secretary of the Department wrote, “Supreme Court left the decision of his readmission at the discretion of college authorities and the student has already spent three precious years of his life in a medical institution, his case may be sympathetically considered by the Governor”. The Minister commented that the student was the son of a doctor and nephew of a War Hero. The Governor allowed him on the April 1973 to complete his course. Continue reading “3 Judiciary Leads in Diluting its Own Ethics”

2 Use of Depraved and Abusive Language by Everyone and Everywhere

Introduction

I had no intention of writing this portion in greater detail reproducing abusive words, but I had to do it perforce, the last event coming to my notice, circulated and enjoyed so widely, treated just like another manifestation of our “mirasi” culture, so dear to us. I am doing no more than reproducing, word for word, (where necessary a translation of it) all that is available in print and is in circulation now world over. Continue reading “2 Use of Depraved and Abusive Language by Everyone and Everywhere”