Career in law Essay

CAREER IN Law

Chaudhry Iftikhar has a Bachelors in Humanistic disciplines and Bachelors in Law ( LLB ) . He joined the saloon in 1974. Subsequently, he was enrolled as Advocate of the High Court in 1976 and as an Advocate of the Supreme Court in 1985. In 1989 he was appointed as Advocate General, Balochistan, and subsequently got elevated as Additional Judge, Balochistan High Court on 6 November 1990 until 21 April 1999.Besides staying as Judge High Court, he discharged responsibilities as Banking Judge, Judge Special Court for Speedy Trials, Judge Customs Appellate Courts every bit good as Company Judge. Justice Iftikhar Muhammad Chaudhry besides remained President of High Court Bar Association, Quetta, and was elected twice as Member Bar Council. Subsequently, he was appointed as Chairman Balochistan Local Council Election Authority in 1992 and thenceforth for 2nd term in 1998.

He besides worked as Chairman Provincial Review Board for the state of Balochistan. He was twice appointed as Chairman Pakistan Red Crescent Society, Balochistan.Justice Iftikhar besides functioned as Chairman Enrollment Committee of Pakistan Bar Council and as Chairman Supreme Court Building Committee. He was appointed as Chief Justice High Court of Balochistan on 22 April 1999.

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In January 2000 Chief Executive General Musharraf dictated that all superior tribunal Judgess swear a new curse under the PCO No.1 issued on October 15, 1999, which had suspended the Constitution of Pakistan. After cursing an curse on the PCO Justice Iftikhar was elevated to the Supreme Court on 4 February 2000. He was appointed as Chief Justice of Pakistan on 7 May 2005 by President General Pervez Musharraf.Justice Iftikhar Muhammad Chaudhry is the senior-most justice among the sitting Judgess of the Court after the outgoing Chief Justice Nazim Hussain Siddiqui. Justice Iftikhar Muhammad Chaudhry assumed the office of Chief Justice on 30 June 2005.

IMPORTANT CONSIDERED RULINGS

PAKISTAN STEEL MILLS PRIVATIZATION

Chief Justice Iftikhar Mohammad Chaudhry in June 2006, reversed the sale of state-owned Pakistan Steel Mills, mentioning legal misdemeanors in the procedure of sale by the concerned establishments including the Cabinet Committee on Privatization, headed by Prime Minister Shaukat Aziz.

Pakistan Steel Mills was to be handed over to the Arif Habib Consortium on May 29 for Rs 21.68 billion at Rs 16.8 per portion.

The pool was supposed to get 75 per cent portions of the Steel Mills with direction control, 4,457 estates of land with developed substructure including 110-kilometre metalled roads, a 70-kilometre railroad path, a 165-megawatt power works, a H2O intervention works and a breakwater.In the Pakistan Steel Mills instance a nine-member bench on June 23, 2006, headed by Chief Justice Iftikhar Mohammad Chaudhry nem con struck down the denationalization trade that it estimated would do a Rs. 18 billion loss to the authorities, and supply excess benefits deserving Rs.

33.67 billion to the successful bidders, partially in the form of 4,457 estates of land that was to be given free of cost along with the Millss. The elaborate judgement exposed a figure of legal misdemeanors, oversights, skips and committees by the Privatization Commission and the Cabinet Committee of Privatization.The Supreme Court ‘s determination to halt the denationalization of Pakistan Steel ( PS ) is an eye-opener. Vital national assets are mismanaged and so offloaded. The full denationalization procedure should be re-visited in the visible radiation of long-run national involvements.

HASBA BILL CASE

The Hasba measure besides proposed powers for the constabulary to guarantee observation of Islamic patterns and values while controling palm reading and other superstitious imposts deemed un-Islamic by the legislators.General Pervez Musharraf petitioned the top tribunal for an sentiment after the Hasba measure was passed through North West Frontier Province ‘s assembly.

“ The governor of the state of NWFP may non accede to the Hasba measure in its present signifier, ” Chief Justice Iftikhar Muhammad Chaudhry, caput of a panel of nine Judgess, told the tribunal before naming several clauses in the measure deemed unconstitutional.

MISSING Peoples

Many people in Pakistan had been allegedly kidnapped by the American bureaus ( FBI, CIA ) and Pakistani bureaus ( ISI, MI, IB ) in pursuit of the “ War on Terror. ” These actions were challenged in the Supreme Court and a bench under the Chief Justice Iftikhar Muhammad Chaudhry had directed the Ministry of Interior and the representatives of the military bureaus to look in the tribunal and reply the issues raised. On his orders 100s of accused were released, many of whom have been allegedly found involved in the batch of self-destruction bombardments which were taking topographic point in Pakistan.

CASES FOR 2007

Some really of import instances were heard in the Supreme Court in the 2007. Decisions have already been taken in some:

  • The instance whether Nawaz Sharif ( twice the former PM of Pakistan ) could come back to Pakistan.
  • The instance on whether or non the President Pervez Musharraf could run in the election for the following Presidency term.

SUSPENSION AND REINSTATEMENT

On March 09, 2007, Chaudhry was suspended by Pakistani President Pervez Musharraf. Musharraf besides filed a Presidential mention against Chaudhry for misconduct.The suspension of Chaudhry was the first clip in the 50-year history of the Pakistani Supreme Court that a Chief Justice was suspended.

The tribunal under Chief Justice Chaudhry had made opinions against governmental corruptness, including the Pakistan Steel Mills instance. The tribunal had started taking suo moto notice in all walks of administration get downing from monetary values of veggies, vocal ‘s wordss to traffic congestion and made the executive wholly uneffective.After the event, there was unrest in the state with respect to the cogency of the allegations against Chaudhry, every bit good every bit uncertainty as to whether Musharraf really had the power to suspend the Chief Justice under the fortunes.On May 5, 2007, Chaudhry traveled from Islamabad to Lahore to turn to the Lahore High Court Bar Association. Presentations of support along the path slowed his motorcade to the point that it took him 25 hours to make the dinner the Association was keeping in his award. This journey normally takes 4-5 hours on norm. Demonstrators chanted non merely slogans back uping Chaudhry, but besides openly called for Musharraf to step down. In his address he criticized absolutism and emphasized on the importance of the regulation of jurisprudence.

On July 20, 2007, Chaudhry was reinstated to his place as Chief Justice in a opinion by the thirteen-member bench of Pakistani Supreme Court which besides cleared him of the misconduct mention filed against him by Musharraf without even sing or look intoing the allegations leveled against the Chief Justice. The opinion combined 25 constitutional requests filed by Chaudhry and other interested parties, but referred most of the issues raised by the 24 requests non filed by Chaudhry himself to take down tribunals for drawn-out adjudication. All 13 of the sitting justnesss agreed that Musharraf ‘s action had been illegal, and 10 of the 13 ordered Chaudhry was to be reinstated and that he “ shall be deemed to be keeping the said office and shall ever be deemed to hold been so keeping the same. ” The Judgess really gave the opinion in misdemeanor of Article 209 of the Constitution of Pakistan.

CASES POST-REINSTATEMENT

On August 20, 2007 Iftikhar Mohammad threatened Tariq Pervez ( the director-general of Pakistan ‘s Federal Investigation Agency ) with gaol if he did non bring forth shade detainee Hafiz Abdul Basit. Chief Justice Chaudhry ordered “ He must be produced today or you will be sent to the lock-up.

” Under this menace he was released by the intelligence bureaus. Hafiz Basit was subsequently implicated in the blackwash of Ms Bhutto.

2007 STATE OF EMERGENCY

General Pervez Musharraf, who used to keep the office of the President and Chief of Army Staff of Pakistan, on Saturday Nov 3rd 2007 declared a province of exigency and suspended the state ‘s fundamental law and parliament at the same clip. Harmonizing to the 1973 Constitution of Pakistan the President of Pakistan can enforce a province of exigency in the state, if he believes that fortunes exist that warrant it and has to acquire it validated from a sitting Parliament within 30 yearss.

However the announcement of province of exigency was announced, harmonizing to the announcement, by him as the Chief of Army Staff and non the President of Pakistan and as per legal bookmans this is equivalent to soldierly jurisprudence, as there is no proviso nowadays in the Constitution of Pakistan for an Army General to declare a province of exigency.Further harmonizing to the fundamental law the province of exigency merely suspends certain cardinal rights of citizens and all other constructions and maps of the province remain functioning as normal under the fundamental law, but through this announcement the authorities had suspended the fundamental law itself and issued a probationary fundamental law order ( PCO ) in its topographic point, this action is non allowed by any proviso of the fundamental law and is therefore tantamount to soldierly jurisprudence.After the infliction of exigency and suspension of fundamental law, Chaudhry constituted an 8 member bench of Supreme Court Judgess punctually headed by him, and instantly quashed the probationary fundamental law order, declaration of exigency and the suspension of the fundamental law, and ordered all civil and military forces to disregard the order. He besides ordered all the main justnesss of high tribunals and Judgess of Supreme Court and High Court non to take curse under the PCO. Soon after, the Supreme Court was stormed by the 111th brigade of the Pakistan Army and main justness Iftikhar Muhammad Chaudhry along with seven other Judgess of the of the Pakistan Supreme Court were removed from office and kept under house apprehension. Musharraf replaced Justice Iftikhar Chaudhry with Justice Javed Iqbal as the moving main justness of Pakistan, who was sworn in by Justice Abdul Hameed Dogar and besides administered the curse of office to three other Judgess of the Supreme Court under the PCO.

ACTIVITIES AFTER ARREST

He was under rigorous house apprehension and no one met him officially since he was arrested on 3 November, 2007 until the new Prime Minister Yousaf Raza Gillani ordered to elate the house-arrest on his first twenty-four hours of premiership. However he continued to denounce Musharraf ‘s declaration of exigency and vowed to force for a return to the regulation of jurisprudence. On 7 November his personal guard was arrested and taken off.On 15 November Geo News reported that Chaudhry had ordered the Islamabad Inspector General of Police to take action against his and his household ‘s house apprehension and their possible remotion to Quetta. Harmonizing to the channel, Chaudhry held the inside secretary, the commissioner, the deputy commissioner and the helper commissioner responsible for his house apprehension. He said he was still the main justness of Pakistan and the official abode was his by right.

On 18 November in a missive to prominent English-language newspaper The News he wrote: “ I will contend till the last bead of my blood to salvage the Constitution of Pakistan and so will defy any move to behave me to some widespread country with the purpose to divide me from the attorneies and the Pakistani citizens ” .On 21 November the jurisprudence enforcement bureaus stopped the deposed Judges, including Chaudhry, from go forthing their houses in Judges Colony. Meanwhile retired Justice Wajihuddin Ahmed came to the Judges Colony, accompanied by a big figure of attorneies, to run into the deposed Judges. However, he excessively was prevented from continuing farther to the Judges ‘ abodes.Justice Rana Bhagwandas, the following most superior Judge in Pakistan, besides tried to go forth his house but the jurisprudence enforcement bureaus forces stationed at his Gatess did non let him to, keeping that they had non had orders from their higher-ups leting it.On 24 November members of the deputation sing Munir A.

Malik in Pakistan institute of medical scientific disciplines ( PIMS ) conveyed salutations and inquired about his wellness on behalf of deposed CJP Iftikhar Muhammad Chaudhry.

HARVARD LAW SCHOOL MEDAL OF FREEDOM

In the aftermath of the infliction of exigency regulation in Pakistan, on November 14, 2007, the Harvard Law School Association decided to present its highest award, the Medal of Freedom to Justice Iftikhar Chaudhry, following the military crackdown the old hebdomad. He becomes the first Pakistani to be presented with such awards.Harvard Law School Medal of Freedom is given to selected personalities for their parts to freedom, justness, and equality. Former South African President Nelson Mandela is one of the old receivers of this award.As Iftikhar Chaudhry was under house-arrest at that clip, the school planned to keep a expansive ceremonial to present the decoration hoping that its receiver will shortly be released and allowed to go to.

The same statement denoting the award identifies Chaudhry as Pakistan ‘s main justness and non as a deposed or former justice.

LAWYER OF THE YEAR AWARD

The National Law Journal picked Mr. Chaudhry as the attorney of the twelvemonth for 2007 and earlier Mr.

Siddiqui was picked as the attorney of the twelvemonth 2000, the lone two non-Americans in the history of the Journal. On December 15, 2007 exigency was lifted and Musharraf ‘s crafted attorneies reinstated the Constitution. Musharraf made it clear that reenactment of the Constitution does non intend reinstatement of Justices including Mr. Chaudhry. To Mr. Chaudhry and remainder of the universe this measure besides remains unconstitutional ; a duly elected Parliament can merely change the manuscript of the fundamental law with a two-third bulk. The act of ’emergency ‘ has done nil but clean bench of dissenting justnesss and installment of Musharraf friendly Supreme Court.

JUDGES PARADIGM SHIFTER

Iftikhar Chaudhry ‘s backbones to disobey the Army Chief was an act of moral bravery and it becomes a paradigm displacement for those Judgess who follow the moral way and believe in domination of jurisprudence in the state and independent judicial system.

His “ NO ” to subject before a dictator made him ageless in the history of Pakistan, it touches the Black Marias and heads of Pakistanis around the universe and specially caught the imaginativeness of attorneies inside Pakistan and they were instrumental in establishing the run for the domination of jurisprudence of all time since.This is the clip when the superior bench should guarantee that the Constitution is obeyed by all variety meats of province. That is the foundation of democracy which is all about human rights of all citizens as peers to be ensured by a free bench.Pakistan is stronger today because of this inspiring spectacle and will travel on going stronger if this New Pakistan Movement is non thwarted or betrayed by the dishonest politicians and some of the authorities sponsored attorneies and Judgess.

Mentions

  • hypertext transfer protocol: //intellibriefs.blogspot.com/2007/03/pakistan-sjc-judges-biased-towards-me.html
  • hypertext transfer protocol: //www.dawn.com/2007/03/10/top1.htm
  • hypertext transfer protocol: //www.timesonline.co.uk/tol/news/world/asia/article3613791.ece
  • hypertext transfer protocol: //news.bbc.co.uk/2/hi/south_asia/6457019.stm
  • hypertext transfer protocol: //meraraabta.com/personality.php
  • hypertext transfer protocol: //en.wikipedia.org/wiki/Iftikhar_Muhammad_Chaudhry
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