A History of the Judiciary in Pakistan

This book undertakes a comprehensive study of Pakistan's judicial history since Independence. It includes detailed discussion of the act, lives, and judgments of significant Pakistani judges, with their continuing effects on the life of the nation.

One of the three primary organs of the state, the judiciary in Pakistan has attained a particularly prominent profile over the last decade and a half. The dramatic restoration to office of the Chief Justice, following the celebrated Lawyers' Movement of 2007; the exercise of suo moto jurisdiction by the Supreme Court in matters of enforcement of fundamental rights; the increasingly prominent role the Judiciary is playing in the resolution of conflicts: these and other developments have further enhanced interest in the judiciary, which has become a focal point for peoples aspirations and hopes.

This is the second edition of the book; the first edition was published in 2016. This book will be of special interest to lawyers, judges, law professors, and to students of law, political science, and history, as well as general readers.

Hamid Khan, Senior Advocate, Supreme Court of Pakistan

Hamid Khan is a Senior Advocate of the Supreme Court of Pakistan and a founding partner of a leading law firm of Pakistan, Cornelius, Lane & Mufti. He is former President of the Supreme Court Bar Association of Pakistan (20013), and of the Lahore High Court Bar Association (19923). He regularly lectures on various legal subjects at the University of the Punjab, Civil Services Academy, Administrative Staff College, and the National Institute of Public Administration. He is an Ebert and DAAD Fellow, and a member of The Hague Academy of International Law. His other publications include: Constitutional and Political History of Pakistan, 3rd Edition (OUP 2017), Principles of Administrative Law, 2nd Edition (OUP 2020), The Islamic Law of Inheritance, 2nd Edition (OUP 2021), and Comparative Constitutional Law (OUP 2022).

Table of Cases
Preface to the Second Edition
Introduction

1. JUDICIAL SYSTEM UNDER THE MUGHALS AND THE SULTANS IN INDIA
2. JUDICIAL SYSTEM UNDER BRITISH RULE IN INDIA
3. JUDICIARY AT THE TIME OF INDEPENDENCE
4. ESTABLISHMENT OF THE FEDERAL COURT OF PAKISTAN UNDER MIAN ABDUL RASHID (19491954)
5. THE MUNIR COURT (19541960): JUDICIARY BECOMES CONTROVERSIAL
6. THE CORNELIUS COURT (196068): GOLDEN PERIOD OF JUDICIARY
7. THE JUDICIARY UNDER S. A. RAHMAN AND FAZLE AKBAR
8. HAMOOD COURT (19681975): TURBULENT TIMES
9. THE YAQUB COURT (19751977): DECLINE OF JUDICIARY BEGINS
10. THE ANWAR COURT (197781): MILITARY OVERPOWERS JUDICIARY
11. THE HALEEM COURT (19811989): DARK DAYS OF THE JUDICIARY
12. THE ZULLAH COURT (19901993): YEARS OF JUDICIAL CONFUSION
13. THE ACTIVIST COURT OF NASIM HASAN SHAH (19931994)
14. JUDICIARY UNDER SAJJAD ALI SHAH (19941997): A HOUSE DIVIDED AGAINST ITSELF
15. THE AJMAL COURT (19971999): THE JUDICIARY RECOVERS PARTIALLY
16. SAEEDUZZAMAN SIDDIQUI (19992000): DEPOSED CHIEF JUSTICE
17. IRSHAD HASSAN KHAN (20002002): USURPER CHIEF JUSTICE
18. SHEIKH RIAZ AHMAD (20022003): JUDICIARY SUBMERGED IN CORRUPTION
19. NAZIM HUSSAIN SIDDIQUI (20032005): FACE OF A SPINELESS JUDICIARY
20. IFTIKHAR MUHAMMAD CHAUDHRY (JUNE 2005MARCH 2007): A DIFFICULT BALANCING ACT
21. IFTIKHAR MUHAMMAD CHAUDHRY: SUSPENDED, SACKED, AND RESTORED: THE LAWYERS MOVEMENT (9 MARCH 2007 to 24 MARCH 2009)
22. IFTIKHAR MUHAMMAD CHAUDHRY: HISTORIC JUDGMENTS: A PERIOD OF JUDICIAL ACTIVISM OR JUDICIAL OVERREACH (24 MARCH 2009 to DECEMBER 2013)
23. THE JILLANI COURT: A BRIEF INTERLUDE
24. THE NASIR COURT: A PERIOD OF RELATIVE STABILITY
25. JAWWAD S. KHAWAJA (2015): CHIEF JUSTICE WITH A GREAT POTENTIAL
26. THE JAMALI COURT (201516): JUDICIARY IN DECLINE
27. THE SAQIB COURT (201619): POPULISM AND JUDICIAL ADVENTURISM
28. THE KHOSA COURT (2019): SOUND AND FURY, SIGNIFYING LITTLE
29. THE GULZAR COURT (201922): A MILESTONE IN JUDICIAL INERTIA
CONCLUSION

Bibliography
Index