Nazim Hussain Siddiqui
Encyclopedia
Nazim Hussain Siddiqui (born June 30, 1940;Urdu
: ناظم حسین صدیقی) served as Chief Justice of the Supreme Court of Pakistan
, from December 31, 2003 to June 29, 2005.
.
He practised at Hyderabad from 1961 to 1967. During his career, Justice Siddiqui served as civil judge, senior civil judge, additional district and sessions judge, district and sessions judge at Sukkur and Dadu, registrar of the SHC twice, customs judge thrice, special judge anti-corruption, special judge Banking Court, chairman Commercial Court and Drug Court, member Appellate Insurance Tribunal, presiding officer Labour Court, member Supreme Appellate Court/Tribunal, chairman Institute of Business Administration (IBA), Karachi
, and member Board of Governors of Indus Valley School of Karachi
.
Presently, he was also serving as chairman Central Zakat
Council of [Pakistan. Member, Board of Governors of the Aga Khan University Hospital, Karachi; Member, Selection Board of the Quaid-i-Azam University
, Islamabad
.
Justice Nazim Hussain Siddiqui took oath as the new Chief Justice of Pakistan soon after President Pervez Musharraf
's Constitutional Amendment which came to be known as the Seventeenth Amendment
. Ten judges of the superior courts stood retired, including Supreme Court Chief Justice Sheikh Riaz Ahmad
, who was replaced by Justice Nazim Hussain Siddiqui.
The president named Justice Nazim Hussain Siddiqui as the Chief Justice of Pakistan for being the senior-most judge of the Supreme Court of Pakistan
and administered oath to him at the presidential camp office in Rawalpindi
. The oath-taking ceremony was also attended by the then Prime Minister Zafarullah Khan Jamali
besides federal ministers, services chiefs, members of Parliament, judges of the Supreme Court and senior lawyers.
Justice Siddiqui, who belongs to Sindh
, was appointed judge of the Sindh High Court (SHC) in March 1992 and became chief justice of the Sindh High Court (SHC) in 1999. He was elevated as a judge of the Supreme Court of Pakistan on February 4, 2000.
's uniform saying that the reasons of the decision would be told in the detailed judgment. Later Supreme Court of Pakistan
announced a detailed judgement in 6 constitutional petitions regarding Seventeenth Amendment and said that this court must have due regard for the democratic mandate given to Parliament by the people.
The full bench of the Apex Court heard the case and announced short orders on April 13, 2005 after hearing the case for six days. However, it did say,
Former Chief Justice of Pakistan Nasim Hasan Shah
giving his remarks in a TV program said that,
Responding to that, Chief Justice Nazim Hussain Siddiqui remarked that personal opinion of an individual could not be attributed to the whole judiciary.
The order also observed,
Chief Justice Nazim Hussain Siddiqui said that The petitioner, being a citizen of Pakistan, has a natural and inherent right to enter and return to the country, which is guaranteed under Article 15 of the Constitution. Under Article 4 of the Constitution, he has a right to be dealt with in accordance with law and is entitled to enjoy the equal protection of law.
However, Shahbaz Sharif was eventually not allowed to leave the Allama Iqbal International Airport, Lahore
by the government citing National Security issues and was boarded in a plane to leave Pakistan.
had previously been granted bail in all but one of the cases outstanding against him, including conspiring to murder Benazir Bhutto
's brother, Mir Murtaza, in 1996. Pakistan's Supreme Court granted bail of 1m rupees ($16,700) in the final corruption case against him - the alleged evasion of import duties on a car (BMW).
(ECL) and her passport was seized to discourage her from visiting the US on the invitation of the Asian-American Network Against Abuse of Human Rights (ANAA). She challenged a Lahore
High Court order acquitting the 12 men accused of raping her on the orders of a tribal council. The Punjab government had also appealed the judgement in the apex court.
On March 14, 2005 the Supreme Court had intervened to end an inter-court controversy in the case by staying separate orders of the Lahore High Court and the Federal Shariat Court
(FSC) and deciding to hold its own hearing. The Supreme Court took up the issue when the FSC suspended the high court's acquittal of the convicts, saying this was without jurisdiction.
Taking notice of the case, Chief Justice Nazim Hussain Siddiqui had summoned the entire record of the case from the high court and the FSC, while notices were served on Punjab Advocate General Aftab Iqbal and Mukhtaran Mai. Bailable arrest warrants were also issued against the accused who have been rearrested on the directions of Prime Minister Shaukat Aziz
. Pakistani President Pervez Musharraf
said that he ordered that Mukhtaran be prevented from leaving as he didn't want the country's image tarnished.
;The Federal Judicial Academy, Islamabad; National Judicial, (Policy making) Committee;Al-Mizan Foundation.
He also visited France twice in connection with meetings of the Agha Khan University at Paris.
He represented Pakistan in the 1st UK-Pakistan Judicial Conference on Child and Family Laws held at London from 15 to 17 January 2003.
He participated in the 2nd UK-Pakistan Judicial Conference on Child and Family Laws held at Islamabad from 21 to 24 September 2003.
He hosted and chaired the 7th SAARC Chief Justices Conferences held at Karachi
on 21 February 2004.
He retired from service on June 29, 2005.
Urdu
Urdu is a register of the Hindustani language that is identified with Muslims in South Asia. It belongs to the Indo-European family. Urdu is the national language and lingua franca of Pakistan. It is also widely spoken in some regions of India, where it is one of the 22 scheduled languages and an...
: ناظم حسین صدیقی) served as Chief Justice of the Supreme Court of Pakistan
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
, from December 31, 2003 to June 29, 2005.
Life
Justice Siddiqui was born on June 30, 1940. His father was Late Mukarram Hussain Siddiqui. He did his BA, LLB from the University of Hyderabad and LLM from the University of KarachiUniversity of Karachi
The University of Karachi is a public university located in Karachi, Pakistan. It serves an on-campus student population of more than 24,000. According to the Higher Education Commission of Pakistan, it is ranked among the top three universities of the country...
.
He practised at Hyderabad from 1961 to 1967. During his career, Justice Siddiqui served as civil judge, senior civil judge, additional district and sessions judge, district and sessions judge at Sukkur and Dadu, registrar of the SHC twice, customs judge thrice, special judge anti-corruption, special judge Banking Court, chairman Commercial Court and Drug Court, member Appellate Insurance Tribunal, presiding officer Labour Court, member Supreme Appellate Court/Tribunal, chairman Institute of Business Administration (IBA), Karachi
Karachi
Karachi is the largest city, main seaport and the main financial centre of Pakistan, as well as the capital of the province of Sindh. The city has an estimated population of 13 to 15 million, while the total metropolitan area has a population of over 18 million...
, and member Board of Governors of Indus Valley School of Karachi
Karachi
Karachi is the largest city, main seaport and the main financial centre of Pakistan, as well as the capital of the province of Sindh. The city has an estimated population of 13 to 15 million, while the total metropolitan area has a population of over 18 million...
.
Presently, he was also serving as chairman Central Zakat
Zakat
Zakāt , one of the Five Pillars of Islam, is the giving of a fixed portion of one's wealth to charity, generally to the poor and needy.-History:Zakat, a practice initiated by Muhammed himself, has played an important role throughout Islamic history...
Council of [Pakistan. Member, Board of Governors of the Aga Khan University Hospital, Karachi; Member, Selection Board of the Quaid-i-Azam University
Quaid-i-Azam University
The Quaid-i-Azam University is a public, research university in Islamabad Capital Territory of Pakistan. It was initially founded as the "University of Islamabad" in July 1967...
, Islamabad
Islamabad
Islamabad is the capital of Pakistan and the tenth largest city in the country. Located within the Islamabad Capital Territory , the population of the city has grown from 100,000 in 1951 to 1.7 million in 2011...
.
Justice Nazim Hussain Siddiqui took oath as the new Chief Justice of Pakistan soon after President Pervez Musharraf
Pervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
's Constitutional Amendment which came to be known as the Seventeenth Amendment
Seventeenth Amendment to the Constitution of Pakistan
The Constitution Act, 2003 was an amendment to the Constitution of Pakistan passed in December 2003, after over a year of political wrangling between supporters and opponents of Pakistani President Pervez Musharraf....
. Ten judges of the superior courts stood retired, including Supreme Court Chief Justice Sheikh Riaz Ahmad
Sheikh Riaz Ahmad
Sheikh Riaz Ahmad was a Former Chief Justice of the Supreme Court of Pakistan from February 1, 2002 to December 31, 2003.-Overview:Justice Sheikh Riaz Ahmad was elevated to the Supreme Court of Pakistan on February 1, 2002...
, who was replaced by Justice Nazim Hussain Siddiqui.
The president named Justice Nazim Hussain Siddiqui as the Chief Justice of Pakistan for being the senior-most judge of the Supreme Court of Pakistan
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
and administered oath to him at the presidential camp office in Rawalpindi
Rawalpindi
Rawalpindi , locally known as Pindi, is a city in the Pothohar region of Pakistan near Pakistan's capital city of Islamabad, in the province of Punjab. Rawalpindi is the fourth largest city in Pakistan after Karachi, Lahore and Faisalabad...
. The oath-taking ceremony was also attended by the then Prime Minister Zafarullah Khan Jamali
Zafarullah Khan Jamali
Mir Zafarullah Khan Jamali was the 13th Prime Minister of Pakistan and former Chairman of the Pakistan Hockey Federation.-Early life:Born in Baluchistan, Jamali was the second Baluch Prime Minister of Pakistan...
besides federal ministers, services chiefs, members of Parliament, judges of the Supreme Court and senior lawyers.
Justice Siddiqui, who belongs to Sindh
Sindh
Sindh historically referred to as Ba'ab-ul-Islam , is one of the four provinces of Pakistan and historically is home to the Sindhi people. It is also locally known as the "Mehran". Though Muslims form the largest religious group in Sindh, a good number of Christians, Zoroastrians and Hindus can...
, was appointed judge of the Sindh High Court (SHC) in March 1992 and became chief justice of the Sindh High Court (SHC) in 1999. He was elevated as a judge of the Supreme Court of Pakistan on February 4, 2000.
Case against Pervez Musharraf
Chief Justice Nazim Hussain Siddiqui dismissed the constitutional petitions against General Pervez MusharrafPervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
's uniform saying that the reasons of the decision would be told in the detailed judgment. Later Supreme Court of Pakistan
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
announced a detailed judgement in 6 constitutional petitions regarding Seventeenth Amendment and said that this court must have due regard for the democratic mandate given to Parliament by the people.
The full bench of the Apex Court heard the case and announced short orders on April 13, 2005 after hearing the case for six days. However, it did say,
- It is not for this court to substitute its views for those expressed by legislators or strike down statutes on consideration of what it deems good for the people. This court is and always has been the judge of what is constitutional but not of what is wise or good. The latter is the business of Parliament, which is accountable to the people.
Former Chief Justice of Pakistan Nasim Hasan Shah
Nasim Hasan Shah
Born in Lahore on April 15, 1929 to Syed Mohsin Shah, an eminent advocate and political activist, Justice Dr. Nasim Hasan Shah, a former Chief Justice of Pakistan, gained international respect and recognition when he restored the sovereignty of the Parliament in Pakistan; the first such instance in...
giving his remarks in a TV program said that,
- The military holds the rifle and the court cannot go against the rifle.
Responding to that, Chief Justice Nazim Hussain Siddiqui remarked that personal opinion of an individual could not be attributed to the whole judiciary.
Shahbaaz Sharif's return to Lahore
Chief Justice Nazim Hussain Siddiqui took the petition of former Punjab chief minister regarding permission to return to Pakistan. The court had issued notices to the federal government, the Punjab government and the director immigration for their comments on two petitions filed by Shahbaz Sharif. The short orders read,- "For reasons to be recorded later on, both these petitions are dismissed with an observation that the petitioner may come back from abroad subject to the law of the country."
The order also observed,
- "During the course of argument, the learned counsel for the petitioner submitted that the petitioner is ready to face the cases registered against him. He also stated that the petitioner will not mind even if he is arrested at the airport."
Chief Justice Nazim Hussain Siddiqui said that The petitioner, being a citizen of Pakistan, has a natural and inherent right to enter and return to the country, which is guaranteed under Article 15 of the Constitution. Under Article 4 of the Constitution, he has a right to be dealt with in accordance with law and is entitled to enjoy the equal protection of law.
However, Shahbaz Sharif was eventually not allowed to leave the Allama Iqbal International Airport, Lahore
Lahore
Lahore is the capital of the Pakistani province of Punjab and the second largest city in the country. With a rich and fabulous history dating back to over a thousand years ago, Lahore is no doubt Pakistan's cultural capital. One of the most densely populated cities in the world, Lahore remains a...
by the government citing National Security issues and was boarded in a plane to leave Pakistan.
Asif Ali Zardari
Asif Ali ZardariAsif Ali Zardari
Asif Ali Zardari is the 11th and current President of Pakistan and the Co-Chairman of the ruling Pakistan Peoples Party . He is also the widower of Benazir Bhutto, who served two nonconsecutive terms as Prime Minister....
had previously been granted bail in all but one of the cases outstanding against him, including conspiring to murder Benazir Bhutto
Benazir Bhutto
Benazir Bhutto was a democratic socialist who served as the 11th Prime Minister of Pakistan in two non-consecutive terms from 1988 until 1990 and 1993 until 1996....
's brother, Mir Murtaza, in 1996. Pakistan's Supreme Court granted bail of 1m rupees ($16,700) in the final corruption case against him - the alleged evasion of import duties on a car (BMW).
Mukhtaran Mai rape case
Mukhtaran Mai had attracted international attention when her name was put on the Exit Control ListExit Control List
The Exit Control List is maintained by the government of Pakistan under the Exit from Pakistan Ordinance. Those persons on the list are prohibited from leaving Pakistan....
(ECL) and her passport was seized to discourage her from visiting the US on the invitation of the Asian-American Network Against Abuse of Human Rights (ANAA). She challenged a Lahore
Lahore
Lahore is the capital of the Pakistani province of Punjab and the second largest city in the country. With a rich and fabulous history dating back to over a thousand years ago, Lahore is no doubt Pakistan's cultural capital. One of the most densely populated cities in the world, Lahore remains a...
High Court order acquitting the 12 men accused of raping her on the orders of a tribal council. The Punjab government had also appealed the judgement in the apex court.
On March 14, 2005 the Supreme Court had intervened to end an inter-court controversy in the case by staying separate orders of the Lahore High Court and the Federal Shariat Court
Federal Shariat Court of Pakistan
The Federal Shariat Court of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law...
(FSC) and deciding to hold its own hearing. The Supreme Court took up the issue when the FSC suspended the high court's acquittal of the convicts, saying this was without jurisdiction.
Taking notice of the case, Chief Justice Nazim Hussain Siddiqui had summoned the entire record of the case from the high court and the FSC, while notices were served on Punjab Advocate General Aftab Iqbal and Mukhtaran Mai. Bailable arrest warrants were also issued against the accused who have been rearrested on the directions of Prime Minister Shaukat Aziz
Shaukat Aziz
Shaukat Aziz is a world acclaimed Pakistani economist who was the 15th Prime Minister of Pakistan from May 20, 2004 to 15 November 2007 in a joint military government led by General Pervez Musharraf. A Citibank executive, Aziz returned to Pakistan from the United States to be became Finance...
. Pakistani President Pervez Musharraf
Pervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
said that he ordered that Mukhtaran be prevented from leaving as he didn't want the country's image tarnished.
Other services
He served as the Chairman of Law & Justice Commission of Pakistan, IslamabadIslamabad
Islamabad is the capital of Pakistan and the tenth largest city in the country. Located within the Islamabad Capital Territory , the population of the city has grown from 100,000 in 1951 to 1.7 million in 2011...
;The Federal Judicial Academy, Islamabad; National Judicial, (Policy making) Committee;Al-Mizan Foundation.
He also visited France twice in connection with meetings of the Agha Khan University at Paris.
He represented Pakistan in the 1st UK-Pakistan Judicial Conference on Child and Family Laws held at London from 15 to 17 January 2003.
He participated in the 2nd UK-Pakistan Judicial Conference on Child and Family Laws held at Islamabad from 21 to 24 September 2003.
He hosted and chaired the 7th SAARC Chief Justices Conferences held at Karachi
Karachi
Karachi is the largest city, main seaport and the main financial centre of Pakistan, as well as the capital of the province of Sindh. The city has an estimated population of 13 to 15 million, while the total metropolitan area has a population of over 18 million...
on 21 February 2004.
He retired from service on June 29, 2005.