Sajjad Ali Shah
Encyclopedia
Syed Sajjad Ali Shah was the Chief Justice of the Supreme Court of Pakistan
.
, schooled at Sindh
Madressa-tul-Islam and did his Matriculation in 1951. He later joined D.J. Science College, Karachi and after passing 1st Year Science Biology Group switched over to arts. After graduating in Political Science and General History from Sindh Muslim College in 1956 left for England
and was admitted in Lincoln's Inn
. Called to the Bar in 1959 and was an Advocate of the erstwhile High Court of West Pakistan
in January 1961. Appointed as District Public Prosecutor and Government Pleader, Lasbella, with Headquarters at Karachi in 1963 and was allowed private practice at Karachi
.
Appointed as Additional District & Sessions Judge against a vacancy reserved for members of the Bar in 1967. Served as District and Sessions Judge in various Districts in the Punjab
during one Unit period and after its disintegration, in Sindh
. Appointed as Joint Secretary in the Federal Ministry of Law and Parliamentary Affairs January 1974. Posted as Registrar of the Supreme Court of Pakistan in 1977.
Elevated as Judge of High Court of Sindh in 1987. Held extra assignments as Custodian of Evacuee Properties in the Province of Sindh, Chairman, Special Court under Suppression of Terrorist Activities (Special Courts) Act, 1975; Special Appellate Court (Customs) and Chairman, Provincial Election Authority, Sindh (for elections to the local bodies), Member Syndicate, Senate and Election Board of Mehran University of Engineering and Technology, Member of the Aga Khan University Hospital, Karachi Board of Trustees, Election Tribunal appointed by Election Commission of Pakistan in respect of General Elections held in the year 1985.Participated in a programme titled “Introduction to Computer and Technology in Courts” at National Judicial College, Reno, Nevada
, USA Chief Justice, High Court of Sindh, Karachi
from 1989-1990.Elevated to Judge, Supreme Court of Pakistan from 1990-1994.
retired as Chief Justice of the Supreme Court in 1994, Justice Saad Saud Jan should have taken his place based on seniority. But Ms Benazir Bhutto
threw tradition overboard, when she by-passed two senior judges and appointed Sajjad Ali Shah as Chief Justice of the Supreme Court. Later, she was dismissed by President Farooq Leghari on charges of corruption and Sajjad Ali Shah along with 6 other members of the Supreme Court upheld this decision. Reading from a 12-page short order, Chief Justice Sajjad Ali Shah said
to power in May 1993 after he had been booted out by the then President Ghulam Ishaq Khan
. Shah also ordered the release of some civil servants, who had been arrested on the orders of Sharif. These events became the starting point of a long tussle between the two men. The first confrontation by Sharif was the establishment of special Courts, which were established in contravention of the Chief Justice's judicious advice. These special courts, which were established to benefit the allies and supporters of the Prime Minister, eventually proved to be a humiliating blot on the face of justice in Pakistan. Later, when the Chief Justice wanted to fill five vacant judicial positions for carrying out the business of dispensing justice in a speedy manner, the Prime Minister not only refused to grant the request but went ahead and abolished those vacancies altogether. He had to restore the positions under pressure but refused to fill them up.
was restored and suspended within minutes by two separate benches of the apex court assembled against each other. A 3 member bench headed by Chief Justice Sajjad Ali Shah suspended the operation of the Thirteenth Amendment
restoring the powers of the president to dissolve the National Assembly, a verdict which was within minutes set aside by another 10-member bench.The 10-member bench headed by Saeeduzzaman Siddiqui
granted stay against the chief justice's order minutes after it was passed, without receiving any formal petition, a formal complaint was issued by an advocate on which the notice was taken and the decision of the Chief Justice was set aside. All efforts to resolve the judicial crisis failed as both the judges' groups stuck to their stance and issued separate cause lists.The dissident judges, who did not acknowledge Chief Justice Sajjad Ali Shah as chief justice, issued a fresh cause list for 15 members' full court session. The full court, headed by Justice Saeeduzzaman Siddiqui
, took up petitions questioning the validity of chief justice's appointment.
and Fazal-e-Ilahi Khan passed an interim order against the Chief Justice from performing the function of Chief Justice of Pakistan, due to his political appointment, during Benazir Bhutto's tenure. This Bench also wrote a letter to Army and other administrative authorities to execute the order of Supreme Court.
Mian Muhibullah Kakakhel
Senior Advocate, Supreme Court of Pakistan filed an application before the court to represent Chief Justice Sajjad Ali Shah against the brutal Judicial attack and pleaded in favour of Chief Justice Sajjad Ali Shah.
bench of the apex court held the appointment of Chief Justice Sajjad Ali Shah in abeyance till further orders and restrained him from performing judicial and administrative functions. The bench also held in abeyance the operation of the notification of June 5, 1994 issued by the president appointing Justice Sajjad Ali Shah as the Chief Justice of Pakistan. The Chief Justice Sajjad Ali Shah, declared the order of the two-member Supreme Court bench at Quetta "without lawful authority", and directed the assistant registrar, Quetta registry, not to fix any case before the two judges till further orders.Justice Shah, whose appointment as the chief justice was held in abeyance by the two-member bench, continued working as the chief justice of Pakistan.In his order the chief justice observed that under Order XXV of the Supreme Court Rules, 1980, a petition under Article 184(3) under the original jurisdiction of the Supreme Court was to be filed only at the principal seat and not at any other registry.He said;
He observed that if any orders had been passed in that petition
they should be deemed to have not taken effect for the reason that
proper procedure had been followed.
Justice Sajjad Ali Shah further stated that even registration
number could not be given to such petitions at the registry without
the permission or express orders of the chief justice. The CJ
directed that the record of the above mentioned petition may be
summoned immediately from Quetta Registry for placement before him
for further orders in this respect.
Justice Shah further observed that "honourable" judges present at
the Quetta registry had acted without lawful authority and directed
the assistant registrar of Quetta registry not to fix cases before
them for disposal until further orders.
It is the second instance in the judicial history of Pakistan when
two judges of the Supreme Court were asked not to perform
their duties. Earlier in 1996, two ad hoc judges of the Supreme
Court were asked by the same chief justice not to perform their
judicial functions .The Quetta bench of the Supreme Court later held that the impugned executive order of the Chief Justice is nullity and is to be ignored. The bench also over-ruled the executive order of Chief Justice Syed Sajjad Ali Shah regarding not fixing the cases before it.
When the proceedings of the court started, it was pointed out to
the bench that a fax has been received from Chief Justice Syed
Sajjad Ali Shah with the direction to the Assistant Registrar,
Quetta Registry that no case should be fixed for hearing before the
said bench until further orders.One of the senior judge observed that;
The full bench after ignoring the orders of the Chief Justice
disposed off 10 cases. These cases were fixed before the bench by
Advocate General Balochistan
and counsels of different petitioners.
The court had also ordered the Chief Justice of Pakistan that he
should not perform his judicial and administrative duties as Chief
Justice till the decision of the said bench regarding the petition.
Notices in this regard had been issued to Attorney General, Deputy
Attorney general and others.The Supreme Court's circuit bench at Peshawar
endorsed the verdict of the Quetta bench on a petition challenging the appointment of Justice Sajjad Ali Shah as chief justice of Pakistan.But Justice Sajjad Ali Shah persevered and continued hearing the contempt case against Prime Minister Nawaz Sharif. Finally that infamous attack on the Supreme Court on November 28, 1997 took place.
had not so far come up with a solution acceptable to Prime Minister Nawaz Sharif
and Chief Justice Sajjad Ali Shah.
Later after the incident occurred, Former Chief of Pakistan Army, Gen (Rtd) Jehangir Karamat
, refused to send troops to dispel a mob attack on Pakistan’s Supreme Court in 1997 despite pleas from the Chief Justice of the Supreme Court since as he said, he was obliged to uphold the constitution of Pakistan. Gen Karamat pointed out that there was an established chain of command and any instructions of that sort should have come from the elected prime minister and the president, who is also the supreme commander.
Reinforcing his argument General Karamat said a precedent would have been established if he had acted on the former Chief Justice Shah’s request, promoting chief justices of provincial high courts to make demands on corps commanders to deal with certain situations. That’s why, he said, he decided to keep the army out of the political trappings.
when an unruly mob stormed into the supreme court, forcing Chief Justice Sajjad Ali Shah to adjourn the contempt of court case against Prime Minister Nawaz Sharif. Hundreds of Pakistan Muslim League
supporters and members of its youth wing, the Muslim Students Front (MSF), breached the police cordon around the courthouse when defence lawyer S.M. Zafar
was arguing his case.
A journalist rushed into the courtroom and warned the bench of an impending attack. Whereupon, the chief justice got up abruptly, thanked Zafar and adjourned the hearing. While judicial members left the courtroom soon after, the mob entered it shouting slogans, and damaged furniture.
The unruly mob, led by ruling party member from Punjab Sardar Naseem and Colonel (retired) Mushtaq Tahir Kheli, Sharif's political secretary, chanted slogans against the chief justice. Famous PTV anchor Tariq Aziz threw and broke the portrait of the founder of Pakistan Quaid-e-Azam Muhammad Ali Jinnah. The mob also beat up Pakistan Peoples Party
senator Iqbal Haider. The police managed to restore normalcy after baton charging and teargassing the mob, both inside and outside the courthouse. The court which assembled at 9:45 a.m., could continue the proceedings for only about 45 minutes.
to take steps to post army or paramilitary soldiers in the Supreme Court building, and at the residences of the chief justice and other judges hearing the contempt case against Prime Minister Nawaz Sharif
.
In his letter Justice Sajjad Ali Shah narrated the incidents which
took place in the court. He stated that during the hearing of the contempt case against the prime minister and others, certain advocates stooped to rowdiness. He said some of the intruders were overheard saying that they wanted to take the CJ hostage.
The case was adjourned and the judges were taken to the chamber of
the chief justice under police escort. He said after Thursday's
rowdy scenes in the court room, he had directed the registrar to
issue passes only to people concerned as usually government
supporters jam-packed the court. The chief justice further said
several people had informed him over telephone that a BBC
report
about the attack showed policemen doing nothing to stop the mob.
He said when court officials present at the gate asked the police
as to why they were not preventing the crowd from entering the
premises, they replied that since most of the protesters were
government supporters, they were helpless.
Justice Sajjad said films were available with court officials to
show how big the crowds were and how they broke into the court
room. He further said court officials told him that when the mob
was dispersing, they heard announcements that arrangements had been made for lunch at the Punjab
House.
Justice Sajjad Ali Shah informed the 10-member bench that he would contest the case, and engaged Abdul Hafeez Pirzada, a prominent lawyer, to represent him.
tendered his resignation saying he could not violate the Constitution and the law to oblige the Government. Speaking at a press conference Mr. Leghari said he had opted to resign because he did not want to become a party to the violation of law and the Constitution. He said he had received a summary from the Government asking him to de-notify the appointment of Chief Justice Sajjad Ali Shah and appoint Justice Ajmal Mian
as the acting Chief Justice of Pakistan. Wasim Sajjad
, Chairman Senate, assumed office of the acting President. Under the Constitution, on the occurrence of a vacancy in the office of the President, the Chairman of the Senate acts as the President. The new president shall have to be elected not later than 30 days' period.
, the senior-most Judge, was sworn in as acting Chief Justice of Pakistan. Justice Saeeduzzaman Siddiqui
administered the oath. The ceremony was attended by Governors of all the four provinces, three Chief Ministers, two Federal Ministers, Judges of the Supreme Court, Federal Shariat Court (FSC), High Courts, retired Judges of the
Supreme Court, the Attorney-General and senior lawyers of the apex Court. Justice Ajmal Mian
was one of three judges who were superseded by Justice Sajjad Ali Shah in 1994. Up until this clash of the Government and Judiciary, none of Justice Sajjad Ali Shah’s colleagues had ever questioned his appointment and even his past decisions up until this time cannot be questioned. The Nawaz Sharif
government said at this point the Supreme Court is free to do what it likes. Justice Sajjad Ali Shah expressed shock and surprise at the decision to remove him.Those who have followed Justice Sajjad Ali Shah in the Supreme Chair have still to identify and punish the desecrators of the people's apex court.
took administrative control of the Supreme Court of Pakistan
and fixed a new roaster and issued a new cause-list. Justice Ajmal Mian
constituted six benches including the ten-member bench which continued hearing of the petitions challenging the appointment of Chief Justice Sajjad Ali Shah as Chief Justice of Pakistan.The ten-member bench also took up the petition challenging the Thirteenth Amendment. After the conclusion of two cases, Ajmal Mian was appointed as permanent Chief Justice on December 23, 1997.
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...
.
Early education and law
He was born on February 17, 1933 at KarachiKarachi
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...
, schooled at 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...
Madressa-tul-Islam and did his Matriculation in 1951. He later joined D.J. Science College, Karachi and after passing 1st Year Science Biology Group switched over to arts. After graduating in Political Science and General History from Sindh Muslim College in 1956 left for England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and was admitted in Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
. Called to the Bar in 1959 and was an Advocate of the erstwhile High Court of West Pakistan
West Pakistan
West Pakistan , common name West-Pakistan , in the period between its establishment on 22 November 1955 to disintegration on December 16, 1971. This period, during which, Pakistan was divided, ended when East-Pakistan was disintegrated and succeeded to become which is now what is known as Bangladesh...
in January 1961. Appointed as District Public Prosecutor and Government Pleader, Lasbella, with Headquarters at Karachi in 1963 and was allowed private practice 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...
.
Appointed as Additional District & Sessions Judge against a vacancy reserved for members of the Bar in 1967. Served as District and Sessions Judge in various Districts in the Punjab
Punjab (Pakistan)
Punjab is the most populous province of Pakistan, with approximately 45% of the country's total population. Forming most of the Punjab region, the province is bordered by Kashmir to the north-east, the Indian states of Punjab and Rajasthan to the east, the Pakistani province of Sindh to the...
during one Unit period and after its disintegration, 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...
. Appointed as Joint Secretary in the Federal Ministry of Law and Parliamentary Affairs January 1974. Posted as Registrar of the Supreme Court of Pakistan in 1977.
Elevated as Judge of High Court of Sindh in 1987. Held extra assignments as Custodian of Evacuee Properties in the Province of Sindh, Chairman, Special Court under Suppression of Terrorist Activities (Special Courts) Act, 1975; Special Appellate Court (Customs) and Chairman, Provincial Election Authority, Sindh (for elections to the local bodies), Member Syndicate, Senate and Election Board of Mehran University of Engineering and Technology, Member of the Aga Khan University Hospital, Karachi Board of Trustees, Election Tribunal appointed by Election Commission of Pakistan in respect of General Elections held in the year 1985.Participated in a programme titled “Introduction to Computer and Technology in Courts” at National Judicial College, Reno, Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, USA Chief Justice, High Court of Sindh, 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...
from 1989-1990.Elevated to Judge, Supreme Court of Pakistan from 1990-1994.
As Chief Justice of Supreme Court
When Dr. Nasim Hasan ShahNasim 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...
retired as Chief Justice of the Supreme Court in 1994, Justice Saad Saud Jan should have taken his place based on seniority. But Ms 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....
threw tradition overboard, when she by-passed two senior judges and appointed Sajjad Ali Shah as Chief Justice of the Supreme Court. Later, she was dismissed by President Farooq Leghari on charges of corruption and Sajjad Ali Shah along with 6 other members of the Supreme Court upheld this decision. Reading from a 12-page short order, Chief Justice Sajjad Ali Shah said
- The presidential order contained enough substance and adequate material had been provided to conclude that the government could not be run in accordance with the provisions of the constitution and that an appeal to the electorate had become necessary.
Nawaz Sharif & Shah tussle
Sajjad Ali Shah was the lone dissenter in the 11-member bench, whose decision restored Nawaz SharifNawaz Sharif
Mian Mohammad Nawaz Sharif is a Pakistani conservative politician and steel magnate who served as 12th Prime Minister of Pakistan in two non-consecutive terms from November 1990 to July 1993, and from February 1997 to October 12, 1999...
to power in May 1993 after he had been booted out by the then President Ghulam Ishaq Khan
Ghulam Ishaq Khan
Ghulam Ishaq Khan , abbreviated as GIK, was the seventh President of Pakistan from August 17, 1988 until July 18, 1993 and a career statesman from the start to the end of cold war...
. Shah also ordered the release of some civil servants, who had been arrested on the orders of Sharif. These events became the starting point of a long tussle between the two men. The first confrontation by Sharif was the establishment of special Courts, which were established in contravention of the Chief Justice's judicious advice. These special courts, which were established to benefit the allies and supporters of the Prime Minister, eventually proved to be a humiliating blot on the face of justice in Pakistan. Later, when the Chief Justice wanted to fill five vacant judicial positions for carrying out the business of dispensing justice in a speedy manner, the Prime Minister not only refused to grant the request but went ahead and abolished those vacancies altogether. He had to restore the positions under pressure but refused to fill them up.
Judges vs. judges
In his self-imposed war against the Chief Justice, Nawaz Sharif succeeded in dividing the judges into two camps. The infamous Article 58(2)(b) a.k.a Eighth Amendment to the Constitution of PakistanEighth Amendment to the Constitution of Pakistan
The VIII Amendment to the Constitution of Pakistan, was short-time amendment to the Constitution of Pakistan, which was passed by the Majlis-e-Shoora, in the absence of elected Parliament of Pakistan, in 1985. The VIII Amendment was drafted and later enforced by the joint Technocratic-Military...
was restored and suspended within minutes by two separate benches of the apex court assembled against each other. A 3 member bench headed by Chief Justice Sajjad Ali Shah suspended the operation of the Thirteenth Amendment
Thirteenth Amendment to the Constitution of Pakistan
The XIII Amendment to the Constitution of Pakistan was a short-time amendment to the Constitution of Pakistan, adopted by the elected Parliament of Pakistan in 1997 by the government of people elected Prime Minister Nawaz Sharif...
restoring the powers of the president to dissolve the National Assembly, a verdict which was within minutes set aside by another 10-member bench.The 10-member bench headed by Saeeduzzaman Siddiqui
Saeeduzzaman Siddiqui
Chief Justice Saeeduzzaman Siddiqui or Saeed-uz-zaman Siddiqui in Lukhnow, British India; is a Pakistani Jurist and legislator who formerly served as the Chief Justice of Pakistan at the Supreme Court of Pakistan...
granted stay against the chief justice's order minutes after it was passed, without receiving any formal petition, a formal complaint was issued by an advocate on which the notice was taken and the decision of the Chief Justice was set aside. All efforts to resolve the judicial crisis failed as both the judges' groups stuck to their stance and issued separate cause lists.The dissident judges, who did not acknowledge Chief Justice Sajjad Ali Shah as chief justice, issued a fresh cause list for 15 members' full court session. The full court, headed by Justice Saeeduzzaman Siddiqui
Saeeduzzaman Siddiqui
Chief Justice Saeeduzzaman Siddiqui or Saeed-uz-zaman Siddiqui in Lukhnow, British India; is a Pakistani Jurist and legislator who formerly served as the Chief Justice of Pakistan at the Supreme Court of Pakistan...
, took up petitions questioning the validity of chief justice's appointment.
Case at Peshawar Bench of the Supreme Court
A Supreme Court bench took up the case of controversy of the appointment of Sajjad Ali Shah as Chief Justice. Two Judges of Supreme Court namely, Justice Saeeduzzaman SiddiquiSaeeduzzaman Siddiqui
Chief Justice Saeeduzzaman Siddiqui or Saeed-uz-zaman Siddiqui in Lukhnow, British India; is a Pakistani Jurist and legislator who formerly served as the Chief Justice of Pakistan at the Supreme Court of Pakistan...
and Fazal-e-Ilahi Khan passed an interim order against the Chief Justice from performing the function of Chief Justice of Pakistan, due to his political appointment, during Benazir Bhutto's tenure. This Bench also wrote a letter to Army and other administrative authorities to execute the order of Supreme Court.
Mian Muhibullah Kakakhel
Mian Muhibullah Kakakhel
Mian Muhibullah Kakakhel is the first youngest practicing Senior Advocate of the Supreme Court in the history of Pakistan and the former candidate for the presidentship of Pakistan....
Senior Advocate, Supreme Court of Pakistan filed an application before the court to represent Chief Justice Sajjad Ali Shah against the brutal Judicial attack and pleaded in favour of Chief Justice Sajjad Ali Shah.
The stand off with Quetta Bench of the Supreme Court
QuettaQuetta
is the largest city and the provincial capital of the Balochistan Province of Pakistan. Known as the "Fruit Garden of Pakistan" due to the diversity of its plant and animal wildlife, Quetta is home to the Hazarganji Chiltan National Park, which contains some of the rarest species of wildlife in the...
bench of the apex court held the appointment of Chief Justice Sajjad Ali Shah in abeyance till further orders and restrained him from performing judicial and administrative functions. The bench also held in abeyance the operation of the notification of June 5, 1994 issued by the president appointing Justice Sajjad Ali Shah as the Chief Justice of Pakistan. The Chief Justice Sajjad Ali Shah, declared the order of the two-member Supreme Court bench at Quetta "without lawful authority", and directed the assistant registrar, Quetta registry, not to fix any case before the two judges till further orders.Justice Shah, whose appointment as the chief justice was held in abeyance by the two-member bench, continued working as the chief justice of Pakistan.In his order the chief justice observed that under Order XXV of the Supreme Court Rules, 1980, a petition under Article 184(3) under the original jurisdiction of the Supreme Court was to be filed only at the principal seat and not at any other registry.He said;
- In this respect there are orders and directions that if any such petition under that provision Article 184(3) is filed at any other registry,it is to be forwarded straight-away to the principal seat for orders to be obtained from the chief justice for its fixation before a proper bench.
He observed that if any orders had been passed in that petition
they should be deemed to have not taken effect for the reason that
proper procedure had been followed.
Justice Sajjad Ali Shah further stated that even registration
number could not be given to such petitions at the registry without
the permission or express orders of the chief justice. The CJ
directed that the record of the above mentioned petition may be
summoned immediately from Quetta Registry for placement before him
for further orders in this respect.
Justice Shah further observed that "honourable" judges present at
the Quetta registry had acted without lawful authority and directed
the assistant registrar of Quetta registry not to fix cases before
them for disposal until further orders.
It is the second instance in the judicial history of Pakistan when
two judges of the Supreme Court were asked not to perform
their duties. Earlier in 1996, two ad hoc judges of the Supreme
Court were asked by the same chief justice not to perform their
judicial functions .The Quetta bench of the Supreme Court later held that the impugned executive order of the Chief Justice is nullity and is to be ignored. The bench also over-ruled the executive order of Chief Justice Syed Sajjad Ali Shah regarding not fixing the cases before it.
When the proceedings of the court started, it was pointed out to
the bench that a fax has been received from Chief Justice Syed
Sajjad Ali Shah with the direction to the Assistant Registrar,
Quetta Registry that no case should be fixed for hearing before the
said bench until further orders.One of the senior judge observed that;
- it is misconduct on the part of Chief Justice as none of the Supreme Court judge can be restrained from the work on executive order and said that judicial order had already suspended the Chief Justice to perform his duties as Chief Justice.
The full bench after ignoring the orders of the Chief Justice
disposed off 10 cases. These cases were fixed before the bench by
Advocate General Balochistan
Balochistan (Pakistan)
Balochistan is one of the four provinces or federating units of Pakistan. With an area of 134,051 mi2 or , it is the largest province of Pakistan, constituting approximately 44% of the total land mass of Pakistan. According to the 1998 population census, Balochistan had a population of...
and counsels of different petitioners.
The court had also ordered the Chief Justice of Pakistan that he
should not perform his judicial and administrative duties as Chief
Justice till the decision of the said bench regarding the petition.
Notices in this regard had been issued to Attorney General, Deputy
Attorney general and others.The Supreme Court's circuit bench at Peshawar
Peshawar
Peshawar is the capital of Khyber-Pakhtunkhwa and the administrative center and central economic hub for the Federally Administered Tribal Areas of Pakistan....
endorsed the verdict of the Quetta bench on a petition challenging the appointment of Justice Sajjad Ali Shah as chief justice of Pakistan.But Justice Sajjad Ali Shah persevered and continued hearing the contempt case against Prime Minister Nawaz Sharif. Finally that infamous attack on the Supreme Court on November 28, 1997 took place.
President and the army
Then Two high-level meetings at the Aiwan-i-Sadr took place but failed to resolve the political crisis. Army chief Gen Jehangir KaramatJehangir Karamat
General Jehangir Karamat, NI, TBt, afwc, psc, fsc, is a retired four-star general and a renowned military scientist who served as the former Chief of Army Staff of Pakistan Army from January 1996 to October 1998, and then former Pakistan Ambassador to the United States from November 2004 to June...
had not so far come up with a solution acceptable to Prime Minister Nawaz Sharif
Nawaz Sharif
Mian Mohammad Nawaz Sharif is a Pakistani conservative politician and steel magnate who served as 12th Prime Minister of Pakistan in two non-consecutive terms from November 1990 to July 1993, and from February 1997 to October 12, 1999...
and Chief Justice Sajjad Ali Shah.
Later after the incident occurred, Former Chief of Pakistan Army, Gen (Rtd) Jehangir Karamat
Jehangir Karamat
General Jehangir Karamat, NI, TBt, afwc, psc, fsc, is a retired four-star general and a renowned military scientist who served as the former Chief of Army Staff of Pakistan Army from January 1996 to October 1998, and then former Pakistan Ambassador to the United States from November 2004 to June...
, refused to send troops to dispel a mob attack on Pakistan’s Supreme Court in 1997 despite pleas from the Chief Justice of the Supreme Court since as he said, he was obliged to uphold the constitution of Pakistan. Gen Karamat pointed out that there was an established chain of command and any instructions of that sort should have come from the elected prime minister and the president, who is also the supreme commander.
Reinforcing his argument General Karamat said a precedent would have been established if he had acted on the former Chief Justice Shah’s request, promoting chief justices of provincial high courts to make demands on corps commanders to deal with certain situations. That’s why, he said, he decided to keep the army out of the political trappings.
The attack on the Supreme Court by the Nawaz Sharif's men
Pakistan grappled with its worst-ever constitutional crisisConstitutional crisis
A constitutional crisis is a situation that the legal system's constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government...
when an unruly mob stormed into the supreme court, forcing Chief Justice Sajjad Ali Shah to adjourn the contempt of court case against Prime Minister Nawaz Sharif. Hundreds of Pakistan Muslim League
Pakistan Muslim League
The Pakistan Muslim League was founded in 1962, as a successor to the previously disbanded Muslim League in Pakistan. Unlike the original PML which ended in 1958 when General Ayub Khan banned all political parties, each subsequent Muslim League was in some way propped by the military dictators of...
supporters and members of its youth wing, the Muslim Students Front (MSF), breached the police cordon around the courthouse when defence lawyer S.M. Zafar
S.M. Zafar
S.M. Zafar, is a Pakistani human rights activist, noted lawyer , politician, and present Senator, PML-Q.-Career:Zafar began his career as a lawyer in the 1950s...
was arguing his case.
A journalist rushed into the courtroom and warned the bench of an impending attack. Whereupon, the chief justice got up abruptly, thanked Zafar and adjourned the hearing. While judicial members left the courtroom soon after, the mob entered it shouting slogans, and damaged furniture.
The unruly mob, led by ruling party member from Punjab Sardar Naseem and Colonel (retired) Mushtaq Tahir Kheli, Sharif's political secretary, chanted slogans against the chief justice. Famous PTV anchor Tariq Aziz threw and broke the portrait of the founder of Pakistan Quaid-e-Azam Muhammad Ali Jinnah. The mob also beat up Pakistan Peoples Party
Pakistan Peoples Party
The Pakistan Peoples Party , is a democratic socialist political party in Pakistan affiliated with Socialist International. Pakistan People's Party is the largest political party of Pakistan...
senator Iqbal Haider. The police managed to restore normalcy after baton charging and teargassing the mob, both inside and outside the courthouse. The court which assembled at 9:45 a.m., could continue the proceedings for only about 45 minutes.
Shah & the letter to the President
Chief Justice Sajjad Ali Shah requested President Farooq LeghariFarooq Leghari
Sardar Farooq Ahmad Khan Leghari was the eighth President of Pakistan from November 14, 1993 until December 2, 1997...
to take steps to post army or paramilitary soldiers in the Supreme Court building, and at the residences of the chief justice and other judges hearing the contempt case against Prime Minister Nawaz Sharif
Nawaz Sharif
Mian Mohammad Nawaz Sharif is a Pakistani conservative politician and steel magnate who served as 12th Prime Minister of Pakistan in two non-consecutive terms from November 1990 to July 1993, and from February 1997 to October 12, 1999...
.
In his letter Justice Sajjad Ali Shah narrated the incidents which
took place in the court. He stated that during the hearing of the contempt case against the prime minister and others, certain advocates stooped to rowdiness. He said some of the intruders were overheard saying that they wanted to take the CJ hostage.
The case was adjourned and the judges were taken to the chamber of
the chief justice under police escort. He said after Thursday's
rowdy scenes in the court room, he had directed the registrar to
issue passes only to people concerned as usually government
supporters jam-packed the court. The chief justice further said
several people had informed him over telephone that a BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
report
about the attack showed policemen doing nothing to stop the mob.
He said when court officials present at the gate asked the police
as to why they were not preventing the crowd from entering the
premises, they replied that since most of the protesters were
government supporters, they were helpless.
Justice Sajjad said films were available with court officials to
show how big the crowds were and how they broke into the court
room. He further said court officials told him that when the mob
was dispersing, they heard announcements that arrangements had been made for lunch at the Punjab
Punjab (Pakistan)
Punjab is the most populous province of Pakistan, with approximately 45% of the country's total population. Forming most of the Punjab region, the province is bordered by Kashmir to the north-east, the Indian states of Punjab and Rajasthan to the east, the Pakistani province of Sindh to the...
House.
Stance of Sindh High Court
A division bench of the High Court of Sindh requested the Chief Justice of Pakistan to convene a full court meeting of the SC, to be chaired by himself, to consider the controversy surrounding his appointment.However, The Supreme Court Quetta bench maintained its interim order suspending Chief Justice Syed Sajjad Ali Shah and barring him from performing administrative and judicial functions. The bench referred the matter to the full court for final decision.Justice Sajjad Ali Shah informed the 10-member bench that he would contest the case, and engaged Abdul Hafeez Pirzada, a prominent lawyer, to represent him.
Resignation of President of Pakistan Farooq Leghari
A severe blow to the Justice Sajjad Ali Shah came when President Farooq LeghariFarooq Leghari
Sardar Farooq Ahmad Khan Leghari was the eighth President of Pakistan from November 14, 1993 until December 2, 1997...
tendered his resignation saying he could not violate the Constitution and the law to oblige the Government. Speaking at a press conference Mr. Leghari said he had opted to resign because he did not want to become a party to the violation of law and the Constitution. He said he had received a summary from the Government asking him to de-notify the appointment of Chief Justice Sajjad Ali Shah and appoint Justice Ajmal Mian
Ajmal Mian
Ajmal Mian was Chief Justice of the Supreme Court of Pakistan from December 23, 1997 to June 30, 1999.-Life:Born July 4, 1934 in Delhi, India Mr. Justice Ajmal Mian son of Mr...
as the acting Chief Justice of Pakistan. Wasim Sajjad
Wasim Sajjad
Wasim Sajjad was interim President of Pakistan on two occasions, serving as interim President prior to elections. Currently, being a member of PML-Q, he is the Leader of the Opposition in Senate of Pakistan.- Early life :...
, Chairman Senate, assumed office of the acting President. Under the Constitution, on the occurrence of a vacancy in the office of the President, the Chairman of the Senate acts as the President. The new president shall have to be elected not later than 30 days' period.
Acting CJ appointed
Later Justice Ajmal MianAjmal Mian
Ajmal Mian was Chief Justice of the Supreme Court of Pakistan from December 23, 1997 to June 30, 1999.-Life:Born July 4, 1934 in Delhi, India Mr. Justice Ajmal Mian son of Mr...
, the senior-most Judge, was sworn in as acting Chief Justice of Pakistan. Justice Saeeduzzaman Siddiqui
Saeeduzzaman Siddiqui
Chief Justice Saeeduzzaman Siddiqui or Saeed-uz-zaman Siddiqui in Lukhnow, British India; is a Pakistani Jurist and legislator who formerly served as the Chief Justice of Pakistan at the Supreme Court of Pakistan...
administered the oath. The ceremony was attended by Governors of all the four provinces, three Chief Ministers, two Federal Ministers, Judges of the Supreme Court, Federal Shariat Court (FSC), High Courts, retired Judges of the
Supreme Court, the Attorney-General and senior lawyers of the apex Court. Justice Ajmal Mian
Ajmal Mian
Ajmal Mian was Chief Justice of the Supreme Court of Pakistan from December 23, 1997 to June 30, 1999.-Life:Born July 4, 1934 in Delhi, India Mr. Justice Ajmal Mian son of Mr...
was one of three judges who were superseded by Justice Sajjad Ali Shah in 1994. Up until this clash of the Government and Judiciary, none of Justice Sajjad Ali Shah’s colleagues had ever questioned his appointment and even his past decisions up until this time cannot be questioned. The Nawaz Sharif
Nawaz Sharif
Mian Mohammad Nawaz Sharif is a Pakistani conservative politician and steel magnate who served as 12th Prime Minister of Pakistan in two non-consecutive terms from November 1990 to July 1993, and from February 1997 to October 12, 1999...
government said at this point the Supreme Court is free to do what it likes. Justice Sajjad Ali Shah expressed shock and surprise at the decision to remove him.Those who have followed Justice Sajjad Ali Shah in the Supreme Chair have still to identify and punish the desecrators of the people's apex court.
Permanent CJ Supreme Court
Justice Ajmal MianAjmal Mian
Ajmal Mian was Chief Justice of the Supreme Court of Pakistan from December 23, 1997 to June 30, 1999.-Life:Born July 4, 1934 in Delhi, India Mr. Justice Ajmal Mian son of Mr...
took administrative control 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 fixed a new roaster and issued a new cause-list. Justice Ajmal Mian
Ajmal Mian
Ajmal Mian was Chief Justice of the Supreme Court of Pakistan from December 23, 1997 to June 30, 1999.-Life:Born July 4, 1934 in Delhi, India Mr. Justice Ajmal Mian son of Mr...
constituted six benches including the ten-member bench which continued hearing of the petitions challenging the appointment of Chief Justice Sajjad Ali Shah as Chief Justice of Pakistan.The ten-member bench also took up the petition challenging the Thirteenth Amendment. After the conclusion of two cases, Ajmal Mian was appointed as permanent Chief Justice on December 23, 1997.
See also
- Chief Justice of Pakistan
- Chief Justices of PakistanChief Justices of PakistanThe Chief Justice of Pakistan heads the Supreme Court of Pakistan. These are the names of the Chief Justices of the Supreme Court of Pakistan .-List:-See also:* Supreme Court of Pakistan* Pakistan Bar Council...
- 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...
- List of Pakistanis