Azad Kashmir government
66-413: Azad Kashmir government Government of Gilgit-Baltistan Local government Constitution of Pakistan Territorial election commission Elections Provincial elections Territorial elections Political parties Provinces Autonomous region Customs Regional topics The Human Rights Commission of Pakistan ( Urdu : ماموریہ برائے انسانی حقوق پاکستان ) ( HRCP )
132-588: A de jure power granted to the Court, article 17 of the Constitution states: Every citizen, not being in the service of (State of) Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Government declare that any political party has been formed or
198-511: A "dark day in the democratic history" of the country due to its approval in a "non-transparent and hasty manner without any debate." In contrast, Prime Minister Shehbaz Sharif referred to the amendment as a "historical achievement," asserting that it reinforced "parliamentary sovereignty." Interior Minister Mohsin Naqvi also lauded the legislation, claiming it would ensure "speedy justice" and facilitate "positive reforms." While significant concerns about
264-628: A fixed term of three years. The government, led by the Pakistan Muslim League (N) (PML-N) and supported by its coalition partner, the Pakistan People's Party (PPP), has argued that the amendment is necessary to curb what it views as judicial overreach. Prime Minister Shehbaz Sharif described the amendment as an assertion of legislative authority and a step toward restoring balance in Pakistan's constitutional structure. Supporters claim that
330-464: A joint training session for activists from Balochistan and Khyber Pakhtunkhwa on monitoring cases of torture. Forced labor . HRCP's data on forced labor was used by the Special Rapporteur on contemporary forms of slavery in the annual report for 2016. Enforced disappearances . HRCP has consistently brought the thorny issue of enforced disappearances to the public agenda. It raised the issue in
396-625: A split decision by 4:3 . In 1993, Prime Minister Benazir Bhutto controversially elevated the Supreme Court jurist, SA Shah , who had known for his liberal jurisprudence, as Chief Justice over two senior ranking jurists at the Supreme Court. However, Justice Shah's judicial leanings did not protected the Benazir' administration when it was dismissed by President Farooq Leghari over allegations on corruption . In 1997, judicial crises reached its peak when Supreme Judicial Council took up
462-409: A wide mandate, including women's rights, including gender equality , violence against women , domestic violence , honour killings , enforced disappearances , the abolition of capital punishment , restrictions on press freedom , freedom of speech , freedom of religion and belief , freedom of movement , state excesses and religiously motivated violence . The commission is a member organisation of
528-483: Is an independent, democratic non-profit organisation . Founded in 1987, it is one of the oldest human rights organisations in the country. HRCP is committed to monitoring, protecting and promoting human rights in Pakistan . It is not associated with the government or with any political party . HRCP's goal is to realise the entire body of human rights , as defined in international instruments, by all citizens of Pakistan as well as all persons present otherwise in
594-600: Is elected by the Azad Kashmir Legislative Assembly and is supported by a council of ministers. (S&GA). Ministry of Home Affairs The Azad Kashmir Legislative Assembly, also known as the AJK Legislative Assembly, is a unicameral legislature of elected representatives. The assembly consists of 41 elected members and eight co-opted members of whom five are women, one is from the Ulama community, one
660-582: Is from Jammu and Kashmir technocrats and other professionals, and one is from Jammu and Kashmir nationals residing abroad. The Supreme Court of Azad Jammu and Kashmir is the highest court of appeals in Azad Kashmir. It consists of a chief justice and two other judges. The number of judges in the supreme Court has been fixed at three by the Azad Kashmir Interim Constitution Act of 1974. The high court of Azad Kashmir , which serves as
726-641: Is governed by an executive council elected by its members. The organisation's secretariat is based in Lahore , Punjab, Pakistan . It has seven regional offices in Gilgit, Hyderabad, Karachi, Multan, Peshawar, Quetta and Turbat. Additionally, the Centre for Democratic Development operates from Islamabad. All HRCP offices work with volunteer groups, augmented by active members in districts and towns across Pakistan. Co-founded in 1987 by Asma Jahangir and Ibn Abdur Rehman , HRCP has
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#1732854690775792-536: Is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. The Supreme Court thus provides, in principle, an important safeguard against the abuse of laws that could potentially have politically repressive consequences or in clear violation of human rights . The Constitution also allows
858-519: Is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan . Established in accordance with Part VII of the Constitution of Pakistan , it has ultimate and extensive appellate , original , and advisory jurisdictions on all courts (including the high courts , district , special and Shariat court ), involving issues of laws and may act on the verdicts rendered on
924-420: Is the state government which administers one of the territories of Pakistani-administered Kashmir territories of Azad Kashmir . The Azad Kashmir government consists of a president as head of state and a prime minister as chief executive, with the support of a council of ministers. The state assembly is the Azad Kashmir Legislative Assembly . The chief executive of the government is the prime minister, who
990-538: Is yet to fill. There are two ad hoc appointment of the jurists from the Federal Shariat Court to assist with religiosity concerned cases. As of current formation, Yahya Afridi is tenuring as the Chief Justice of Pakistan , having been appointed on 26 October 2024. The Supreme Court is currently composed of the following justices (in order of seniority), that included the sixteen regular judges including
1056-1001: The Asian Forum for Human Rights and Development (FORUM-ASIA), the Global Network of Domestic Election Monitors (GNDEM), the International Federation of Human Rights (FIDH), South Asians for Human Rights (SAHR), and the World Coalition Against the Death Penalty . As of 2020, Human Rights Commission of Pakistan's chairperson is Hina Jilani , internationally acclaimed human rights lawyer and former UN Special Representative on Human Rights Defenders. Abolition of separate electorates . HRCP demanded that separate electorates be replaced by joint electorates at its foundation function in 1986. These demands were largely met in 2002. Faith-based discrimination . HRCP's campaign against
1122-399: The Constitution of Pakistan in 1973 where a significant part of the Constitution is dedicated towards the restructuring of the Supreme Court. The Part VII of the Constitution , ranges from articles 176 through 191, deals with the powers, composition, rules, and responsibilities of the Supreme Court. These articles concern: The Part VII of the Constitution of Pakistan reconstituted
1188-504: The Federal Shariat Court may be appealed to the Appellate Bench, as the Appellate Bench of Supreme Court is the final authority on Islamic interpretation of law in Pakistan. The registry of the Supreme Court is its appointed officers who is assisted by registrars, several additional and deputy registrars, gazetted officers, and other law clerks. The registry branches provides speedy justice of all nature of crimes and disputes to
1254-537: The President upon their nominations from the Prime Minister 's selection based on their merited qualifications. Once appointed, justices are expected to complete a designated term and then retire at 65 years old, unless their term is terminated through resignation or impeachment by the supreme judicial committee resulted in a presidential reference in regards to the misconduct of judge(s). In their discourse judgement ,
1320-515: The Sindh High Court exists now. In successive years, the Supreme Court was moved to Lahore High Court until the Supreme Court was permanently moved into its new building constructed in Islamabad in 1964. Although the Supreme Court was established pursuant to the Government of India Act 1935 , the modern structure of the court was reestablished by the second set in 1956, and restructured by
1386-651: The Supreme Court of Pakistan in 2007 and has continued filing cases. International work with the UN . The selection of two HRCP council members—the late Asma Jahangir as a UN Special Rapporteur (on extra-legal killings as well as freedom of belief) and Hina Jilani as the UN Secretary General's first Representative for Human Rights Defenders—was largely in recognition of their work at, and for, HRCP. In 2013/14, they served on UN panels for Palestine and Sri Lanka. In 2010, HRCP
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#17328546907751452-628: The ad hoc appointment that are from the Federal Sharia Court . A judge of the Supreme Court can be removed under the Constitution only on grounds of proven misconduct or incapacity and by an order of the President of Pakistan. A written reference has to be sent to the Supreme Judicial Council that will conduct the hearings of allegations of misconduct that would determine the removal of judge. The Judicial Commission determines
1518-658: The high courts in all over the Indian subcontinent in various provinces while abolishing the supreme courts Calcutta , Bombay , Madras , Lahore , and also the Panchayati system in autonomous presidencies . Until the enactment of the Government of India Act 1935 in 1935 that created the Federal Court , these new high courts had the distinctionary powers of being the highest Courts for all cases. The Federal Court had wide range of jurisdictions to resolve disputes between
1584-569: The judicial independence of the Supreme Court in 2004 when Shaukat Aziz became prime minister. In a lecture in November 2022, Justice Ayesha A. Malik observed an increasing tendency to bring political and social issues to court that would be more suited for resolution within parliament or by the executive. Noting that this is the point at which balancing of power , judicial restraint (refraining from undue interference in other branches of government) and legal clarity become relevant, Malik expressed
1650-429: The 1990s, the nomination and confirmation process has attracted considerable attention from the print press and electronic media , as news media often comments on the executive's selection for the appointment. Appointments of Chief Justices Saeeduzzaman Siddiqui , S.A. Shah , Iftikhar Chaudhry , Faisal Arab , and T.H. Jillani Saqib Nisar and Asif Saeed Khosa have gain prominent attention from media in all over
1716-499: The 26th Constitutional Amendment could significantly undermine the judiciary's independence, stating that "Constitutional reforms must be in line with international human rights law." The International Commission of Jurists (ICJ) similarly criticised the amendment, describing it as a "blow to judicial independence." However, it also acknowledged that some reforms to the judicial system were needed to enhance efficiency and accountability. In practice awarded by Constitution , judges of
1782-668: The Chief Justice Muh'd Shahabuddin , the Supreme Court had the conservative leanings in regards to the constitutionalism and their judgements in the cases of important issues. Chief Justice Shahabuddin plays a crucial role in drafting the second set of the Constitution of Pakistan which incorporated the liberal ideas with the important Islamic provisions. In 1960, President Ayub Khan appointed Justice Alvin Robert Cornelius who took much liberal approach in his jurisprudence when deciding cases on fundamental rights against
1848-580: The Chief Justice and two ad hoc judges who were reappointed again after their retirement. The ad hoc appointments are due to fill the Shariat Appellate Bench that is composed on legal scholars that has expertised on Islamic jurisprudence since its establishment in 1980. The ad hoc appointments for this bench are drawn either from the Federal Shariat Court or from among the Clergy . Decisions made
1914-464: The Chief Justice of Pakistan in 2007. Justice Qazi Faez Isa is of the Hazara descent who is currently serving as the Chief Justice of the Supreme Court. In January 2022, Ayesha Malik was sworn in as the first female Supreme Court judge. The jurists/judges do not represent or receive the official political endorsements from the nation's political parties which is an acceptable professional practice in
1980-473: The National Assembly passed the 26th Amendment in an hours-long, overnight session. Previously, the senior-most judge in the Supreme Court would automatically succeed as Chief Justice upon the retirement of the incumbent at age 65. Under the new amendment, the Chief Justice of Pakistan will now be nominated by a Special Parliamentary Committee from among the three most senior judges of the Supreme Court, with
2046-402: The Supreme Court comes from an executive selection made by the Prime Minister based on judges' merited qualifications, personal intellectualism, and experiences as judge in high courts. The President then confirms the nomination summary and eventually appoints the Chief Justice and judges in the Supreme Court. The Constitution states that a nominee is not eligible unless they are: Since
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2112-541: The Supreme Court greatly divided with Justice Dorab Patel , Justice G.S. Shah, and Justice Moh'd Haleem , who had the moderate and liberal leanings in their jurisprudence strongly disagreed with Bhutto's sentence of Capital punishment . On the other hand, Chief Justice Haq , Justice N.H. Shah , Justice Waheedudin Ahmad, and Justice Kaisar Khan, were described as having conservative/texualist ideology in their rulings and found Bhutto suitable for capital punishment; hence, marking
2178-478: The Supreme Court made when the quorum of Judges is not possible to complete the sitting number of justices in the court, or if it is necessary to increase the number of justices in the Supreme Court. The nomination comes directly from the Judicial Commission chaired by the Chief Justice who prepares the nomination summary as President confirms their appointments. As of current, there are two justices are on
2244-450: The Supreme Court to exercise powers and take sua sponte actions against the person, regardless of its statue, or the authority, of being disobedient to or disrespectful towards the Supreme Court, its justices, and its officers in the form of behavior that opposes or defies the Supreme Court's institutional integrity and popular authority. In 1997, Chief Justice S.A. Shah found Prime Minister Nawaz Sharif of contempt of court but
2310-423: The Supreme Court. In 1960, Justice Alvin Robert Cornelius became the first Christian to be served as Chief Justice , while George Constantine also served in the Court. In the 1970s–1980s, Justice Dorab Patel was the first Zorastrian , followed by Justice Rustom Sidwa who served as Supreme Court justice from 1989 until 1993. Justice Rana Bhagwandas was the first Hindu jurist who has distinction being
2376-551: The amendment's implications for judicial independence have been raised, supporters maintain that the changes aim to create a more efficient, accountable, and transparent judicial appointment process. Lawmakers from the opposition party the Pakistan Tehreek-e-Insaf (PTI), criticised the amendments as an effort to weaken the judiciary and called it a "black day" in Pakistan's constitutional history. United Nations Human Rights chief Volker Turk also expressed concern that
2442-427: The case against Justice Shah's appointment who eventually resigned from his office and succeeded by conservative jurist Ajmal Mian , only to be replaced with conservative jurist Saeeduzzaman Siddiqui as the new Chief Justice. On 12 October 1999, the Supreme Court partially validated the martial law in the light of "doctrine of necessity" on the technicality but Chief Justice Saeeduzzaman Siddiqui decided to hear
2508-403: The case hearings after President Yahya Khan declared martial law and suspended the writ of the constitution. In the views of Chief Justice Rahman, the martial law was invalid and notably ruled that Yahya Khan's assumption of power was "illegal usurpation". The Supreme Court also overruled and overturned its convictions that called for validation of martial law in 1958. Despite rulings, there
2574-440: The cases in context in which it enjoys jurisdiction. In the court system of Pakistan , the Supreme Court is the final arbiter of legal and constitutional disputes as well as final interpreter of constitutional law , and the highest court of appeal in Pakistan. In its modern composition, the Supreme Court is incorporated of Chief Justice of Pakistan , sixteen justices and two ad hoc who are confirmed to their appointment by
2640-467: The composition of Supreme Court and the high courts but it does not specify the number of justices to be served in the Supreme Court. Qualifications to be served as a supreme court justice are strictly imposed that are based on merit, personal intellectualism, and experiences as a judge in the high courts. In 1947, the Supreme Court consisted of a Chief Justice and six senior judges from Sindh , Punjab , NWFP , Balochistan , and East Bengal . Over
2706-426: The conservative leaning jurists and elevated the judges who had known to have libertarian views in their jurisprudence at the Supreme Court, including Justice Irshad Hasan as Chief Justice. In 2002, The Supreme Court supervised the general elections successfully oversaw the transition of power from the office of Chief Executive to Prime minister . The legalization of Contempt of court act further strengthened
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2772-401: The country, mainly due to their ideological and philosophical leanings. Furthermore, the major and influential recommendations for judges to be elevated at the Supreme Court as justices comes from the Judicial Commission that is chaired by the Chief Justice of Pakistan who prepares the qualification summary before the nomination sent to executive. There has been Ad hoc appointment in
2838-481: The country. This goal applies without any distinction or discrimination on grounds of gender, race, belief or religion, domicile, disability, socioeconomic status, and sexual identity or orientation. It applies particularly to vulnerable or disadvantaged groups, such as women , children , members of ethnic and religious minorities, workers , peasants and victims of human rights abuses. HRCP's scope of work includes: HRCP comprises over 5,000 members across Pakistan and
2904-562: The court of appeals, has three circuit benches based in Kotli , Mirpur and Rawalakot . Chief Election Commissioner for conducting general elections in AJK; Service Tribunal for adjudicating service issues of civil servants; Zakat Council for collecting, distributing the zakat system in AJK; Supreme Judicial Council of AJK; Supreme Court of Pakistan The Supreme Court of Pakistan ( Urdu : عدالتِ عظمیٰ پاکستان ; Adālat-e-Uzma Pākistān )
2970-427: The executive authorities. In 1977, the Supreme Court had again legalized the martial law in the light of " doctrine of necessity " and denied taking petitions to review its decision. During this time, Supreme Court justices were described as notoriously conservative and only a few moderates, appointed by Prime Minister Zulfikar Ali Bhutto as his role as President in 1971–73. The Supreme Court, however, did take
3036-463: The executive branch of the government. As their American counterparts in the U.S. Supreme Court , the Jurists philosophical leanings in the Supreme Court are often categorized as conservative , moderate , liberal , and textualist that reflected in their judicial interpretation of the judgements in the impending cases of importance. In 1947, Governor-General Muhammad Ali Jinnah confirmed
3102-449: The executive overreach. Justice Cornelius led Supreme Court's verdicts on many constitutional cases were carefully sided with the Islamic ideas but provided much broader role of liberal ideas to safeguard the fundamental rights of the ordinary citizens while being critical of the state emergency . In 1968, the Supreme Court was greatly divided when Chief Justice Hamoodur Rahman presided
3168-424: The explicit de jure powers and enjoys the powerful judicial independence to block the exercise of certain Prime Minister 's executive powers or Parliament 's legislative powers that repugnant to Constitution . The Supreme Court has maintained its institutional integrity and has been able to maintain its authority to some degree in the face of martial law in Pakistan in last decades. In another example of
3234-555: The insertion of a ‘religion’ column in people's national identity cards put pressure on the government to withdraw the move. Bonded labor . The Bonded Labor System (Abolition) Act 1992 was drafted by HRCP and moved in Parliament by one of its board members. The draft was adopted and became law. The Supreme Court of Pakistan also accepted HRCP's petition whereby bonded haris can seek relief under this act. Rule of law . In 1995, Prime Minister Benazir Bhutto asked HRCP to investigate
3300-425: The judgement of the Supreme Court's senior judges in regards to the elections. The case was later dropped when Attorney-General assured the Supreme Court justices that Imran Khan did not insubordinate the judiciary. Pakistani politicians have historically voiced concerns over judicial involvement in governance, often calling for a recalibration of power between the judiciary and the legislature. On 21 October 2024,
3366-528: The judiciary's previous involvement in political matters had, at times, led to decisions undermining elected governments and democracy itself. The change prompted criticism and concern over its potential impact on judicial independence. Former Sindh High Court Bar Association president Salahuddin Ahmed shared a statement from the Karachi Bar Association that criticised the amendment's passage, calling it
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#17328546907753432-674: The justices are often categorized as having the conservative , textual , moderate , and liberal philosophies of law in their judicial interpretation of law and judgements. The Supreme Court has a permanent seat in Islamabad and meets at the Supreme Court Building at the Red Zone . In 1861, the British government in India enacted the Indian High Courts Act that created
3498-501: The nomination of Justice Sir Abdul Rashid , at the behest of Prime Minister Liaquat Ali-Khan , was said to be a national conservative leanings in his judgement. His successor, Chief Justice Muh'd Munir , was a liberal in his jurisprudence but sided with conservative judgement when validated dissolution of the first Constituent Assembly in 1954 and the National Assembly in 1958 in the light of doctrine of necessity . Under
3564-403: The order itself was voided by the Supreme Judicial Council . In 2012, Chief Justice Iftikhar Chaudhry retroactively barred Prime Minister Yousaf Raza Gillani of holding the office after the latter was found of in charges of court of contempt and refusing to follow the court's orders. In 2013, the Supreme Court took suo motu actions against populist Imran Khan of criticising against
3630-406: The petitions over the legality of the martial law. Although, the Supreme Court had only validated the martial law for three-years only, the Supreme Court's jurists and Justice Saeeduzzaman Siddiqui in clear view of this coup as a "violation of constitution" as Sharif's lawyers made a ground base for finding Musharraf of treason. General Musharraf, acting as Chief Executive , forcefully retired
3696-439: The petitions to review the case of Zulfikar Ali Bhutto , after his counsels filed an appeal against the verdict of Lahore High Court . The Constitution Bench formed under Chief Justice Sh. Anwarul Haq , had contained Justice Muhammad Akram, Justice Dorab Patel , Justice Mohammad Haleem , Justice Nasim Hasan Shah , Justice Ghulam safdar Shah, Justice Kareem Illahi, Justice Waheedudin Ahmad, and Justice Kaisar Khan. By 1979,
3762-459: The provinces, presidencies, and the Government of India Act 1935 , often hearing appeals against judgements of the High Courts. After the partition of India in 1947, the Federal Court was also partitioned between India and Pakistan as Justice Sir Harilal Kania became the first Chief Justice of India and Justice Sir Abdul Rashid becoming the first Chief Justice of Pakistan . While
3828-489: The salary, other allowances, leave of absence, pension, etc. of the Supreme Court justices. A Supreme Court justice gets ₨. 558,907.00 ( $ 5,333.85) with additional allowances of ₨. 259,009.00 ( $ 2471.81). Other benefits include the free housing and medical treatment as well as tax-free electricity bills. A judge who has retired as a justice of the Supreme Court is debarred from practising in any court of law or before any other authority in Pakistan. The Supreme Court has
3894-548: The several successive years, the work of the Court increased and cases began to accumulate, leading the Supreme Court requesting the Parliament to increase the number of judges. As the number of the justices has increased, they sit in smaller benches of two or three (referred to as a division bench ), however, coming together in larger benches of five or more (referred to as a constitution bench) when required to settle fundamental questions of law. The nomination of justices in
3960-586: The state of lawlessness in Karachi, Pakistan. National Human Rights Commission . While revisiting the draft law on the establishment of the National Human Rights Commission, the Ministry of Human Rights sought and incorporated input from HRCP. Death penalty . HRCP has consistently campaigned for the abolition of the death penalty. The government placed a moratorium on executions in late 2008, which
4026-456: The supreme court have been selected so far, mostly from amongst judges of the high courts. The Constitution allows the judges to be appointed at the Supreme Court regardless of colour, race, and religious sect. Justices A.S.M. Akram , Fazal Akbar , Amin Ahmed , Abdus Sattar , Hameedur Rahman , and Hamoodur Rahman (Chief Justice) were the Bengali / Bihari jurists who served as senior justices in
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#17328546907754092-483: The tradition of British law culture continues to remain an integral part of the judiciary, the modern existence of the Supreme Court of Pakistan came when the first set of the Constitution of Pakistan was promulgated on 23 March 1956. The ratification of the Constitution of Pakistan reestablished the Supreme Court in 1956, replacing the name "Federal Court" to "Supreme Court", initially had its seat in Karachi where
4158-505: The view that courts should not act solely on compassion but instead prioritize upholding the rule of law . The justices and jurists of the supreme court are set to retire at the age of 65, unless the jurists sooner resign or are removed from office, or records written reasons for deviating from this rule in accordance with the Constitution . By an act of parliament of 1997, there is a fixed number of justices at 17 and, as of current, there are currently sixteen judges and one vacancy that
4224-480: Was a split decision between the moderate justices, including Chief Justice Rahman, and conservative leaning justices of the Supreme Court who "condoned" the actions in the light of " doctrine of necessity ". The de jure powers of the Supreme Court have increased since presiding the War Enquiry Commission in 1974, intervening in the events that Supreme Court justices viewed as violation of human rights by
4290-531: Was granted special consultative status with the UN Economic and Social Council. Government of Azad Kashmir Government of Gilgit-Baltistan Local government Constitution of Pakistan Territorial election commission Elections Provincial elections Territorial elections Political parties Provinces Autonomous region Customs Regional topics The Government of Azad Kashmir ( Urdu : حکومتِ آزاد کشمیر )
4356-492: Was withdrawn five years later. Efforts to revive this moratorium and abolish capital punishment continue. Electoral reforms . HRCP's proposal for electoral reforms was accepted by the government, including simultaneous polling for the national and provincial assemblies and extension of adult franchise to the Tribal Areas. Torture . HRCP and Amnesty International have a long history of collaboration: in 2012, HRCP organised
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