As Justice Qazi Faez Isa bids farewell, Justice Yahya Afridi is all set to take the oath because the thirtieth Chief Justice of the Supreme Courtroom of Pakistan. His appointment, made doable by the twenty sixth Constitutional Modification, has already sparked controversy. To commemorate this event, we replicate on the legacies of earlier officeholders and the judgments for which they’re most remembered.
Sir Abdur-Rashid (1949-1954)
Sir Abdur-Rashid was Pakistan’s first CJP. He administered the oath of workplace to Pakistan’s first Governor-Common, Muhammad Ali Jinnah. His tenure is remembered for its formative position in establishing the judicial system within the newly unbiased state. The federal government of Pakistan not solely honoured him by naming the previous Seventh Avenue in Islamabad as Justice Sir Abdul Rashid Avenue but in addition awarded him Hilal-I-Pakistan.
Muhammad Munir (1954-1960)
Perpetually remembered because the “doctrine of necessity” choose, Justice Munir is maybe one of the vital controversial figures in Pakistan’s judicial historical past. The choice of the “Maulvi Tamizuddin Khan case” (1955), set a troubling precedent for Pakistan’s judiciary.
The choice was used as a normal to legitimise subsequent army takeovers and constitutional violations.
Muhammad Shahabuddin (Might 3-12, 1960)
After the retirement of his predecessor, Justice Muhammad Munir, the third CJP, Shahabuddin, held workplace for less than 9 days as a result of he had solely ten days left till he reached the retirement age of 65.
Alvin Robert Cornelius (1960-1968)
Justice Alvin Robert Cornelius was appointed by Ayub Khan and have become the primary Christian CJP. Regardless of his religion, he contributed considerably to the Islamic jurisprudence of the nation. He believed that with a purpose to scale back crime, legal guidelines needs to be framed maintaining in thoughts each authorized and ethical points.
However he’s most remembered for his dissent observe in Maulvi Tamizuddin Khan case (1955). Nearly all of the Supreme Courtroom, led by the then CJP Muhammad Munir, upheld the Governor-Common’s actions utilizing the “doctrine of necessity.” Nonetheless, Justice Cornelius issued a strong dissent, arguing that the Governor-Common’s actions have been unconstitutional and undermined the rule of regulation.
Sheikh Abdur Rehman (March 1 – June 3, 1968)
Justice Abdur Rehman served as CJP for 3 months solely earlier than reaching his retirement age. He later headed the tribunal for the Agartala Conspiracy Case.
Fazal-e-Akbar (June 4-November 17, 1968)
Pakistan’s sixth CJP, Fazal Akbar, additionally retired after serving for less than 5 months. Probably the most vital occasion throughout his tenure was the start of the hearings for the Agartala Conspiracy Case, accusing Sheikh Mujibur Rahman and others of collaborating with India in a plot to destabilize Pakistan. Previous to turning into CJ, he served within the Supreme Courtroom for 10 years and was identified for by no means writing any selections or ever making a dissent and was thought-about a “sure man”!
Hamoodur Rahman (1968-1975)
Throughout Hamoudur Rahman’s tenure, President Ayub Khan resigned and handed over energy to Yahya Khan, who imposed martial regulation in 1969. One of many key instances throughout Rehman’s tenure was “Asma Jillani vs Authorities of the Punjab,” the place the courtroom heard a petition difficult Yahya Khan’s takeover. The Hamoodur Rahman-led Supreme Courtroom declared Yahya Khan’s martial regulation an “unlawful usurpation” of energy. On this landmark ruling, the courtroom additionally overturned its earlier selections from 1958 that had validated earlier martial regulation regimes.
Justice Hamoodur Rahman is greatest identified for his position in chairing the Hamoodur Rahman Fee, which was set as much as examine the circumstances resulting in Pakistan’s army defeat within the 1971 warfare and the creation of Bangladesh.
Muhammad Yaqub Ali (1975- 1977)
Muhammad Yaqub Ali was appointed CJP on November 1, 1975. In 1976, Prime Minister Zulfikar Ali Bhutto handed the Sixth Modification, with a purpose to favour CJP Yaqub Ali Khan to proceed serving past his retirement age. He was presiding over a petition filed by Mrs Nusrat Bhutto in opposition to Zia’s Martial Regulation. However later, Yaqub Ali was dismissed in 1977 by Common Zia’s regime. He died on August 5, 1994.
Anwar-ul-Haq (1977-1981)
Anwar-ul Haq is one other extremely controversial determine because of his position within the validation of the army coup by Common Zia-ul-Haq in 1977, which ousted Prime Minister Zulfikar Ali Bhutto. He was appointed by Zia after he eliminated CJP Muhammad Yaqub Ali. His courtroom upheld the coup beneath the doctrine of necessity, as soon as once more opening the door for army interference in Pakistan’s politics. Moreover, Justice Haq presided over the Supreme Courtroom bench that sentenced Bhutto to dying in a extremely contentious trial.
Muhammad Haleem (1981-1989)
Muhammad Haleem served because the tenth CJP from 1981 to 1989, making him the longest-serving CJP within the nation’s historical past. His judicial legacy contains his dissenting opinion within the 1979 trial of Zulfikar Ali Bhutto, the place he voted for acquittal. He’s additionally identified for his pivotal ruling that enabled the 1988 normal elections, marking a return to democracy after years of army rule.
Muhammad Afzal Zullah (1990-1993)
Muhammad Afzal Zullah expanded and institutionalised the idea of public litigation in Pakistan because the CJP. He additionally presided over one of the vital notable contempt of courtroom convictions of former military chief Common Mirza Aslam Beg. In 1993, the Supreme Courtroom discovered Common Beg responsible, however because of mitigating circumstances, no extreme punishment was handed down, regardless of sturdy opinions from a few of the bench’s judges who desired harsher motion.
Nasim Hassan Shah (1993-1994)
On Might 18, 1977, Nasim Hassan Shah was designated as an advert hoc choose of the Supreme Courtroom of Pakistan, incomes the excellence of being the youngest choose within the courtroom’s historical past. Later, he was appointed because the CJP on April 17, 1993.
In 1993, because the CJP, justice Nasim reinstated the federal government of then-prime minister Nawaz Sharif, which had been dissolved by then-President Ghulam Ishaq Khan beneath the contentious Article 58-2(b) of the Structure.
He was a part of the bench that sentenced Zulfiqar Ali Bhutto to dying and is most remembered for his later admission that the choice was mistaken and was taken beneath strain.
Sajjad Ali Shah (1994-1997)
Sajjad Ali Shah was appointed as CJP by the late Benazir Bhutto after bypassing different senior judges. Shah’s tenure was marked by an intense standoff between the judiciary and the manager department. Although appointed by former prime minister Benazir Bhutto, Shah upheld the dismissal of her authorities which was overthrown by the then president of Pakistan Farooq Leghari.
He clashed with former prime minister Nawaz Sharif over judicial independence. The confrontation peaked when the Supreme Courtroom was stormed by supporters of the PMLN in 1997, forcing him to adjourn the case in opposition to Sharif.
Shah’s bench restored the controversial Article 58(2)(b) of the Eighth Modification, permitting the president to dissolve the Nationwide Meeting, however this resolution was shortly suspended by one other bench. Moreover, Shah suspended the thirteenth Modification, which aimed to restrict presidential powers, however this ruling was overturned virtually instantly by a bigger bench. Efforts to resolve the disaster failed, resulting in a break up within the judiciary, with some judges refusing to recognise Shah as CJP and questioning the validity of his appointment.
Ajmal Mian (1997-1999)
Ajmal Mian served as appearing CJP 4 occasions in 1997 earlier than being named CJP on December 23 of the identical 12 months. His tenure is marked by controversy, notably throughout a 1997 incident when a mob, allegedly incited by the Pakistan Muslim League-Nawaz (PML-N), stormed the Supreme Courtroom. He’s believed to have facilitated a ‘coup’ inside the Supreme Courtroom in opposition to CJP Sajjad Ali Shah. Following this, justice Mian took administrative management of the courtroom.
Saeed Uz Zaman Siddiqui (1999-2000)
Justice Saeeduzzaman Siddiqui’s tenure as CJP (1999-2000) was marked by a robust stance on judicial independence. He notably refused to endorse Common Musharraf’s Provisional Constitutional Order (PCO) following the 1999 army coup.
Irshad Hassan Khan (2000-2002)
Throughout his time in workplace, Irshad Hassan Khan performed a vital position within the judicial panorama, most notably by upholding the 1999 army coup led by Musharraf by way of the invocation of the “doctrine of necessity.” This controversial resolution legitimised the army’s actions within the face of constitutional challenges. Following his time period as CJP, Khan was appointed chief election commissioner of Pakistan.
Muhammad Bashir Jehangiri (Jan 7-31, 2002)
Muhammad Bashir Jehangiri served because the CJP for a quick interval of 24 days from January 7, 2002, to January 31, 2002. He was appointed by Musharraf and succeeded Irshad Hasan Khan on this position.
Sheikh Riaz Ahmed (2002-2003)
Sheikh Riaz Ahmad, throughout his tenure as CJP, banned press photographers from the Supreme Courtroom premises amid rising tensions between the judiciary and the attorneys’ group over the controversial Authorized Framework Order (LFO), which prolonged the retirement age of superior courtroom judges. He’s remembered for endorsing Common Musharraf’s army coup and the following controversial referendum. Moreover, his tenure was prolonged beneath the LFO alongside different members of the judiciary, additional marring his fame in Pakistan’s authorized historical past.
Nazim Hussain Siddiqui (2003-2005)
Nazim Hussain Siddiqui served because the nineteenth CJP from December 31, 2003, to June 29, 2005. In April 2005 Siddiqui dismissed petitions in opposition to Common Pervez Musharraf’s twin position. In one other vital case, Siddiqui heard a petition filed by the then Punjab chief minister Shehbaz Sharif, who sought permission to return to Pakistan. The Supreme Courtroom dismissed the petitions however affirmed Shehbaz’s constitutional proper as a Pakistani citizen to return to the nation beneath Article 15.
Iftikhar Muhammad Chaudhry (totally different phrases between 2005-2013)
Iftikhar Mohammad Chaudhry is likely one of the most controversial figures in latest judicial historical past, most remembered for judicial activism and disqualification of Prime Minister Yousaf Raza Gillani. As CJP, his confrontations with Musharraf in 2007 led to his suspension sparking the attorneys’ motion. He was later restored by the Supreme Courtroom full bench. After being reinstated, Chaudhry went on to ship a number of controversial judgments, together with rulings on lacking individuals, authorities corruption, and the Reko Diq case. On January 22, 2007, he rejected the Punjab authorities’s request to briefly carry the ban on kite-flying in the course of the spring competition, taking suo motu discover of reported youngster fatalities linked to kite-flying.
Musharraf declared a state of emergency in November 2007 and put judges beneath home arrest together with Chaudhry. After the overall election of 2008, then-Prime minister Yousuf Raza Gilani ordered the discharge of Chaudhry.
In March 2009, the “attorneys’ motion”, backed by opposition chief Nawaz Sharif, launched a “lengthy march” to revive Chaudhry as CJP. Regardless of authorities efforts to dam roads, arrest activists, and ban gatherings, the motion persevered. On March 16, 2009, the incumbent prime minister reinstated Iftikhar Chaudhry as CJP, ending the protests. Chaudhry, nevertheless, later disqualified the sitting prime minister Gilani in contempt of courtroom.
He has been closely criticised for judicial activism and overstepping into the manager area.
Javed Iqbal (March 9-24, 2007)
Javed Iqbal briefly served because the appearing CJP throughout a vital interval in 2007, after the controversial suspension of then-CJP Iftikhar Chaudhry by Musharraf. Regardless of holding the highest judicial place for a short while, Iqbal didn’t take oath beneath the Provisional Constitutional Order (PCO) and was later reinstated to his judicial position. After his retirement, Iqbal led two high-profile commissions: the Abbottabad Fee, which investigated the US raid that killed Osama bin Laden, and the Fee of Inquiry on Enforced Disappearances.
Rana Bhagwandas (25 March 2007-20 July 2007)
After the removing of CJP Chaudhry, Rana Bhagwandas was probably the most senior choose at the moment, since he was not within the nation so second most- senior choose, Javed Iqbal was made appearing CJP. Bhagwandas took cost of appearing CJP after returning to Pakistan. He was the primary Hindu and the second non-Muslim to carry this place, following AR Cornelius. He led the bench that restored Chaudary and declared his personal and Javed Iqbal’s appointments to be unlawful. After Common Musharraf declared an emergency, he refused to take oath beneath PCO and was put beneath home arrest together with different judges for the second time.
Abdul Hameed Dogar (2007-2009)
Abdul Hameed Dogar was controversially appointed CJP by Musharraf after the suspension of CJP Chaudhry in the course of the 2007 judicial disaster. Dogar’s tenure was marked by widespread criticism for validating Musharraf’s imposition of emergency rule and his administration’s PCO. Nonetheless, following the restoration of the judiciary in 2009, Dogar’s selections beneath the PCO have been invalidated by the Supreme Courtroom. He was termed as de facto CJP.
Tassaduq Hussain Jillani (2013-2014)
Tassaduq Hussain Jillani served because the twenty first CJP from December 2013 to July 2014. Jillani took Suo moto motion on the 2013 Peshawar Church Assault and issued a landmark resolution on the safety of minorities and freedom of faith within the nation, following petitions filed by numerous teams concerning assaults on spiritual minorities and threats to their locations of worship. Moreover, he additionally served as appearing chief election commissioner for a quick interval.
Nasir-ul-Mulk (2014-2015)
Former CJP Nasir-ul-Mulk chaired a judicial fee to research alleged rigging within the 2013 normal elections. The fee concluded that the general mandate of the individuals had not been stolen. One other vital ruling by Nasir was on the twenty first Constitutional Modification, which validated the institution of army courts for terrorism instances within the wake of the Peshawar faculty assault (APS). Later, he was sworn in as caretaker prime minister after the completion of Shahid Khaqan Abbasi’s tenure.
Justice Jawad S Khawaja (Aug 17-Sept 9, 2015)
Jawad Sajjad Khawaja served as a twenty third CJP for a interval of solely 23 days. Simply days earlier than he started his time period, he dissented in opposition to the institution of army courts in Pakistan. He additionally directed the then authorities to undertake Urdu as an official language within the nation.
Anwar Zaheer Jamali (Sep 10, 2015- Dec 30, 2016)
Anwar Zaheer Jamali remained as CJP for 15 months. Throughout his tenure, Jamali oversaw quite a few necessary instances, together with these associated to the Panama Papers scandal, the delays in conducting the census, and appeals regarding dying sentences issued by army courts.
Saqib Nisar (2016-2019)
Saqib Nisar’s tenure was marked by the disqualification of prime minister Nawaz Sharif within the Panama Papers case. The courtroom decided that Sharif was responsible of corruption, leading to his removing from workplace.
Nisar additionally launched a fundraising drive to construct dams and handle the nation’s water disaster, which was broadly criticised as overstepping the judicial boundaries.
Nisar took suo moto actions on poor healthcare services in public hospitals. He performed private visits to hospitals in Punjab and Sindh, ordering enhancements and highlighting deficiencies in well being companies. He additionally acted in opposition to personal hospitals for charging exorbitant charges.
Asif Saeed Khosa (January 18 – Dec 20, 2019)
As CJP, Asif Saeed Khosa authored the landmark ruling prohibiting the submitting of a number of FIRs in prison instances. He was a part of the bigger bench that disqualified Nawaz Sharif beneath Article 62(1)(f) of the Structure within the Panama Gate case. Khosa heard and authored the decision within the contempt case in opposition to PML-N senator Nehal Hashmi and police officers for manhandling former CJP Iftikhar Chaudhry. Khosa has additionally issued verdicts in opposition to excessive courtroom judges, together with the opinion in regards to the removing of Islamabad Excessive Courtroom choose Shaukat Aziz Siddiqui.
Justice Khosa gave a historic ruling within the Salman Taseer homicide case whereby he restored terrorism prices in opposition to Mumtaz Qadri and upheld the dying sentence. He additionally highlighted discrepancies within the blasphemy case in opposition to Aasia Bibi that enforced acquittal.
Gulzar Ahmed (Dec 21, 2019 -2022)
Gulzar Ahmed’s anti-encroachment drive in Karachi aimed to revive the town’s infrastructure led to vital displacement of individuals, with out ample resettlement or compensation plans. Ahmad criticised the Sindh authorities’s dealing with of Covid-19, advocating for uniform nationwide insurance policies as an alternative of provincial independence, which heightened tensions between federal and Sindh governments. He additionally remarked on the restrictions of provincial autonomy beneath the 18th Modification, supporting stronger federal management. Ahmed was a proponent of empowering native governments, mandating provincial governments to carry native elections and devolve administrative and monetary powers to native our bodies.
Umar Ata Bandial (2022-2023)
Umar Ata Bandial’s tenure was marked by the political unrest and the following instances associated to it. He led the bench that declared the controversial judgment concerning article 63 (A) and declared that the votes of defecting members can’t be counted. After the dissolution of Punjab and Khyber Pakhtunkhwa assemblies, a bench led by Bandial set the election date for Might 14, 2023, after declaring the Election Fee of Pakistan’s resolution to delay the polls unconstitutional. Nonetheless, the federal government’s refusal to implement the courtroom’s order resulted within the undermining of judicial authority.
All through his tenure, Bandial confronted criticism for forming particular benches with like-minded judges, resulting in accusations of bias. The Supreme Courtroom’s Follow and Process Act geared toward regulating the CJP’s suo motu powers was suspended beneath his management, sparking debates about judicial authority and transparency.
Bandial oversaw instances questioning the trial of civilians in army courts, a controversial matter that sparked public and authorized debate amid political instability.
The courtroom, beneath CJP Bandial, suspended the fee investigating leaked audio recordings. The transfer to halt the fee’s work was perceived by some as an try to guard sure people.
Qazi Faez Isa (2023-2024)
Justice Qazi Faez Isa was appointed because the twenty ninth CJP by former president Arif Alvi. Main judgments throughout his tenure embrace; overturning lifetime disqualification beneath Article 62(1)(f) of the Structure, upholding the Election Fee’s resolution to revoke the Pakistan Tehreek-e-Insaf’s (PTI) election image because of irregularities in its intra-party elections, upholding the conviction of former president Musharraf, issuing a historic “Mea Culpa” in regards to the trial of former prime minister Zulfikar Ali Bhutto.
His observe of dissent within the Supreme Courtroom’s resolution on reserve seats created vital controversy. Extra lately, overruling the Supreme Courtroom’s earlier resolution of not counting the votes of dissenting members of the meeting, thus paving the way in which for the twenty sixth constitutional modification once more introduced him into the highlight.
Moreover, on October 3, 2023, Isa reviewed the Supreme Courtroom (Follow and Process) Act 2023, which restricted his sole authority in forming benches and redistributing this energy amongst senior judges.
Initially, he prioritised addressing the difficulty of lacking individuals, emphasising a collective strategy to discovering an answer somewhat than inserting blame. Nonetheless, he was later criticised for his incapacity to behave in opposition to human rights violations and political victimisation throughout his tenure.