Rana Bhagwandas
Encyclopedia
His Lordship Mr. Justice
Retired Rana Bhagwandas (b. December 20, 1942), a highly respected name of the Pakistan
i judiciary
was a senior judge
and former acting chief justice
of the Supreme Court of Pakistan
(CJP). He remained the acting CJP during the 2007 judicial crisis in Pakistan and also briefly became the acting Chief Justice of Pakistan when the incumbent Iftikhar Muhammad Chaudhry
went on foreign tours in 2005 and 2006, and thus became the first Hindu
and the second non-Muslim
[ the first non-Muslim being Zoroastrian ] to serve as chief of the highest court in Pakistan. Rana Bhagwandas is now working as the Chairman of Federal Public Service Commission of Pakistan. He is heading the interview panel for the selection of the Federal Civil Servants 2009.
family in Naseerabad
, Larkana District
(now Qamber Shahdadkot District) in Sindh
. He studied law and received a Masters degree in Islamic studies. He joined the bar in 1965 and after two years of practising law, joined the Pakistani Judicial System in 1967. Later, he became a sessions judge, and subsequently, a judge of the Sindh High Court. He is not a fan of cricket
, but remains a supporter of the Pakistan cricket team.
He currently has family that reside in the United States of America working for a small company at minimum wage. Both his sons drive BMW
s given to them by him, although at least one daughter of his (educated from the IBA) is in Pakistan working for a private multinational OMC in the Finance Department.
and Judge Bhagwandas. The petition demanded that the judicial bench consisting of Judge Bhagwandas should be declared unconstitutional because of Bhagwandas' religion, claiming that only Muslims can be appointed to the superior judiciary. The petition was rejected, and the petitioner was condemned by other judges of the high court and by a significant number of lawyers.
In 2000, he joined the Supreme Court of Pakistan after taking an oath of allegiance to Pervez Musharraf
's administration unde the PCO. Justice Bhagwandas took strong note of a kidnapping case involving a girl in North-West Frontier Province
forced to be a prostitute for four years. A believer in the sanctity of the Constitution of Pakistan
and its legal system, Bhagwandas maintains that the law is equal for all religious communities in Pakistan. While staunchly defending Pakistan's society and legal system against charges of bias and suppression of minorities, Bhagwandas is also a vocal opponent of the practice of honour killings of women in the provincial rural areas.
For the 2006-2007 judicial year, Justice Bhagwandas was a member of the second bench of justices which was also home to Justice Nasir ul-Mulk and Justice Syed Jamshed Ali.
On September 28, 2007, in a 6-3 vote the court, Judge Rana Bhagwandas presiding, ruled: "These petitions are held to be non-maintainable but he was among the three dissenting judges who thought that Gen. Musharraf should relinquish army chief's post." The judgment removed obstacles to Pervez Musharraf
's election
bid but gave Bhagwandas more honour and respect in the country.
Justice Bhagwandas refused to take oath under the PCO which was issued by then President of Pakistan
General Musharraf and was among the 60 judges sacked on Nov 3, 2007. He retired in December 2007 and was reinstated in retired status.
. On March 15, 2007 a petition was filed in the Supreme Court urging the Pakistan Government to declare his whereabouts. He returned home on March 23. He was aware of events transpiring in Pakistan and on his return from India, he assumed the office of the acting CJP from 24 March to 20 July 2007 till the SCP full court restored justice Iftikhar Muhammad Chaudhry
.
Earlier, justice Bhagwandas had also served as acting Chief Justice - first in 2005 while Chief justice Iftikhar Chaudhry was on a ten day trip to the People's Republic of China
and then again in December 2006 when the latter was on a Haj
pilgrimage. He was the first Hindu and the third non-Muslim (after A. R. Cornelius
and Dorab Patel
) to serve in this post. On February 8, 2005 Chief Justice Rana Bhagwandas was honoured with "Siropa" (robe of honour) during his maiden visit to Harimandir Sahib in Amritsar
, India. He was on a private visit to Amritsar, Ropar and Chandigarh
with Justice Khalil-ur-Rehman Ramday
, another judge of the Pakistan Supreme Court and his wife.
Chairman FPSC
Rana Bhagwandas is now working as the Chairman of Federal Public Service Commission of Pakistan. He is heading the interview panel for the selection of the Federal Civil Servants 2009.
[17]
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
Retired Rana Bhagwandas (b. December 20, 1942), a highly respected name of the Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
i judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
was a senior judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and former acting chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
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...
(CJP). He remained the acting CJP during the 2007 judicial crisis in Pakistan and also briefly became the acting Chief Justice of Pakistan when the incumbent Iftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry is the current Chief Justice of Pakistan.He became chief justice of Pakistan's Supreme Court in 2005 and soon became not only a central figure in the nation's political struggles but an icon to the country's legal profession and others campaigning for the rule of law...
went on foreign tours in 2005 and 2006, and thus became the first Hindu
Hindu
Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...
and the second non-Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
[ the first non-Muslim being Zoroastrian ] to serve as chief of the highest court in Pakistan. Rana Bhagwandas is now working as the Chairman of Federal Public Service Commission of Pakistan. He is heading the interview panel for the selection of the Federal Civil Servants 2009.
Early life
Rana Bhagwandas was born on December 20, 1942 into a Hindu Sindhi RajputSindhi Rajput
Sindhi Rajputs are Sindhi belonging to the Rajput tribe and living in Sindh, Pakistan. The Sindhi Muslim Rajputs are considered as Muslim Rajputs....
family in Naseerabad
Naseerabad
Naseerabad is one of the neighborhoods of Gulberg Town in Karachi, Sindh, Pakistan.There are several ethnic groups in Naseerabad including Muhajirs, Punjabis, Sindhis, Kashmiris, Seraikis, Pakhtuns, Balochis, Memons, Bohras, Ismailis, etc. Over 99% of the population is Muslim...
, Larkana District
Larkana District
Larkana or Larkano is a district of Sindh province of Pakistan. According to the 1998 census of Pakistan, it had a population of 1,927,066 of which 28.70% were urban. Its main city is Larkana...
(now Qamber Shahdadkot District) in 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...
. He studied law and received a Masters degree in Islamic studies. He joined the bar in 1965 and after two years of practising law, joined the Pakistani Judicial System in 1967. Later, he became a sessions judge, and subsequently, a judge of the Sindh High Court. He is not a fan of cricket
Cricket
Cricket is a bat-and-ball game played between two teams of 11 players on an oval-shaped field, at the centre of which is a rectangular 22-yard long pitch. One team bats, trying to score as many runs as possible while the other team bowls and fields, trying to dismiss the batsmen and thus limit the...
, but remains a supporter of the Pakistan cricket team.
He currently has family that reside in the United States of America working for a small company at minimum wage. Both his sons drive BMW
BMW
Bayerische Motoren Werke AG is a German automobile, motorcycle and engine manufacturing company founded in 1916. It also owns and produces the Mini marque, and is the parent company of Rolls-Royce Motor Cars. BMW produces motorcycles under BMW Motorrad and Husqvarna brands...
s given to them by him, although at least one daughter of his (educated from the IBA) is in Pakistan working for a private multinational OMC in the Finance Department.
Judicial career
Rana Bhagwandas was promoted to the Sindh High Court in 1994. In 1999, his appointment to the superior judiciary was challenged by a constitutional petition (no. 1069/1999) against the Government of PakistanGovernment of Pakistan
The Government of Pakistan is a federal parliamentary system, with an indirectly-elected President as the Head of State and Commander in Chief of the Pakistani Armed Forces, and an indirectly-elected Prime Minister as the Head of Government. The President’s appointment and term are...
and Judge Bhagwandas. The petition demanded that the judicial bench consisting of Judge Bhagwandas should be declared unconstitutional because of Bhagwandas' religion, claiming that only Muslims can be appointed to the superior judiciary. The petition was rejected, and the petitioner was condemned by other judges of the high court and by a significant number of lawyers.
In 2000, he joined the Supreme Court of Pakistan after taking an oath of allegiance to 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 administration unde the PCO. Justice Bhagwandas took strong note of a kidnapping case involving a girl in North-West Frontier Province
North-West Frontier Province
Khyber Pakhtunkhwa , formerly known as the North-West Frontier Province and various other names, is one of the four provinces of Pakistan, located in the north-west of the country...
forced to be a prostitute for four years. A believer in the sanctity of the Constitution of Pakistan
Constitution of Pakistan
The Constitution of the Islamic Republic of Pakistan is the supreme law of Pakistan. Known as the Constitution of 1973, it was drafted by the government of Zulfikar Ali Bhutto and, following additions by the opposition parties, was approved by the legislative assembly on April 10, 1973...
and its legal system, Bhagwandas maintains that the law is equal for all religious communities in Pakistan. While staunchly defending Pakistan's society and legal system against charges of bias and suppression of minorities, Bhagwandas is also a vocal opponent of the practice of honour killings of women in the provincial rural areas.
For the 2006-2007 judicial year, Justice Bhagwandas was a member of the second bench of justices which was also home to Justice Nasir ul-Mulk and Justice Syed Jamshed Ali.
On September 28, 2007, in a 6-3 vote the court, Judge Rana Bhagwandas presiding, ruled: "These petitions are held to be non-maintainable but he was among the three dissenting judges who thought that Gen. Musharraf should relinquish army chief's post." The judgment removed obstacles to 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 election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
bid but gave Bhagwandas more honour and respect in the country.
Justice Bhagwandas refused to take oath under the PCO which was issued by then President of Pakistan
President of Pakistan
The President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...
General Musharraf and was among the 60 judges sacked on Nov 3, 2007. He retired in December 2007 and was reinstated in retired status.
Acting Chief Justice
On March 9, 2007, Pakistan President Musharraf declared Chief Justice Chaudhary "non-functional" and forwarded a reference against him to the Supreme Judicial Council (SJC) of Pakistan. While Justice Bhagwandas should have taken his place as Acting Chief Justice, but his whereabouts remained untraceable and it was said that he's on a foreign tour of IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
. On March 15, 2007 a petition was filed in the Supreme Court urging the Pakistan Government to declare his whereabouts. He returned home on March 23. He was aware of events transpiring in Pakistan and on his return from India, he assumed the office of the acting CJP from 24 March to 20 July 2007 till the SCP full court restored justice Iftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry is the current Chief Justice of Pakistan.He became chief justice of Pakistan's Supreme Court in 2005 and soon became not only a central figure in the nation's political struggles but an icon to the country's legal profession and others campaigning for the rule of law...
.
Earlier, justice Bhagwandas had also served as acting Chief Justice - first in 2005 while Chief justice Iftikhar Chaudhry was on a ten day trip to the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
and then again in December 2006 when the latter was on a Haj
Háj
Háj may refer to:* Háj in Turčianske Teplice District, Slovakia* Háj in Košice-okolie District, Slovakia...
pilgrimage. He was the first Hindu and the third non-Muslim (after A. R. Cornelius
A. R. Cornelius
Alvin Robert Cornelius was the Chief Justice of the Supreme Court of Pakistan from May 13, 1960 to February 29, 1968. He was a Justice of the Supreme Court for about 17 years. Born in Agra and known as 'Bobby', he was educated at the Allahabad University and at Selwyn College, Cambridge...
and Dorab Patel
Dorab Patel
Chief Justice Dorab Framrose Patel , was a Pakistan jurist, and lawmaker who served as a former Chief Justice of Supreme Court of Pakistan and former Chief Justice of Sindh High Court...
) to serve in this post. On February 8, 2005 Chief Justice Rana Bhagwandas was honoured with "Siropa" (robe of honour) during his maiden visit to Harimandir Sahib in Amritsar
Amritsar
Amritsar is a city in the northern part of India and is the administrative headquarters of Amritsar district in the state of Punjab, India. The 2001 Indian census reported the population of the city to be over 1,500,000, with that of the entire district numbering 3,695,077...
, India. He was on a private visit to Amritsar, Ropar and Chandigarh
Chandigarh
Chandigarh is a union territory of India that serves as the capital of two states, Haryana and Punjab. The name Chandigarh translates as "The Fort of Chandi". The name is from an ancient temple called Chandi Mandir, devoted to the Hindu goddess Chandi, in the city...
with Justice Khalil-ur-Rehman Ramday
Khalil-ur-Rehman Ramday
Chief Honourable Justice Khalil-ur-Rehman Ramday is an ad-hoc judge of the Supreme Court of Pakistan. He remained permannet judge of Supreme Court from 2002 to 2010. He was born in Lahore on January 13, 1945 in the famous Ramday Arain family of Justice Mr. Muhammad Siddique as the fifth child and...
, another judge of the Pakistan Supreme Court and his wife.
Chairman FPSC
Rana Bhagwandas is now working as the Chairman of Federal Public Service Commission of Pakistan. He is heading the interview panel for the selection of the Federal Civil Servants 2009.
[17]
See also
- Chief Justice of Pakistan
- Supreme Court of PakistanSupreme Court of PakistanThe 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...
- Movement for Rule of Law
- List of Pakistanis