Merham Ali Versus Federation Of Pakistan
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Merham Ali Versus Federation Of Pakistan
''Mehram Ali v. Federation Pakistan'' (PLD 1998 SC 1445) is considered to be an important judgment of Supreme Court of Pakistan and marked the importance of the independence of a judiciary, particularly in reference to the Article 175 of the Constitution of Pakistan. Background On January 18, 1997, Mehram Ali, a member of Shia organization called Sipah-e-Muhammad Pakistan the armed wing of Tehrik-e-Jafaria Pakistan (TJP), detonated a remote-controlled bomb in the vicinity of the Lahore courts, where the two leaders of the Sepah-Sehaba Pakistan (SSP), an anti-Shia group of Sunnis, were brought for a hearing before the additional session judge. The explosion killed twenty-three people, including the two Sunni leaders, and injured more than fifty people. Mehram Ali was caught on the spot but his trial before the Sessions court went forth slowly. Trial in Special Court The Government of Pakistan enacted the 1997 Anti-Terrorism Act signed on August 17, 1997 by then Prime Ministe ...
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Supreme Court Of Pakistan
The Supreme Court of Pakistan ( ur, ; ''Adālat-e-Uzma Pākistān'') is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance to thePart VIIof 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 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 the President upon their nominations from the Prime Minister's selection based on their merited qualifications ...
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Anti-Terrorism Act, 1997 (Pakistan)
Counterterrorism (also spelled counter-terrorism), also known as anti-terrorism, incorporates the practices, military tactics, techniques, and strategies that governments, law enforcement, business, and intelligence agencies use to combat or eliminate terrorism. Counterterrorism strategies are a government's motivation to use the instruments of national power to defeat terrorists, the organizations they maintain, and the networks they contain. If definitions of terrorism are part of a broader insurgency, counterterrorism may employ counterinsurgency measures. The United States Armed Forces uses the term foreign internal defense for programs that support other countries' attempts to suppress insurgency, lawlessness, or subversion, or to reduce the conditions under which threats to national security may develop. History The first counter-terrorism body formed was the Special Irish Branch of the Metropolitan Police, later renamed the Special Branch after it expanded its scope be ...
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Trial In Absentia
Trial in absentia is a criminal proceeding in a court of law in which the person who is subject to it is not physically present at those proceedings. is Latin for "in (the) absence". Its meaning varies by jurisdiction and legal system. In common law legal systems, the phrase is more than a spatial description. In these systems, it suggests a recognition of a violation to a defendant's right to be present in court proceedings in a criminal trial. Conviction in a trial in which a defendant is not present to answer the charges is held to be a violation of natural justice. Specifically, it violates the second principle of natural justice, (hear the other party). In some civil law legal systems, such as that of Italy, is a recognized and accepted defensive strategy. Such trials may require the presence of the defendant's lawyer, depending on the country. Europe Member states of the Council of Europe that are party to the European Convention on Human Rights are bound to adher ...
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Justice Delayed Is Justice Denied
"Justice delayed is justice denied" is a legal maxim. It means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all. This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because of the unfairness for the injured party who sustained the injury having little hope for timely and effective remedy and resolution. The phrase has become a rallying cry for legal reformers who view courts, tribunals, judges, arbitrators, administrative law judges, commissions or governments as acting too slowly in resolving legal issues either because the case is too complex, the existing system is too complex or overburdened, or because the issue or party in question lacks political favour. Individual cases may be affected by judicial hesitancy to make a decision. Statutes and court rules have tried to control the ...
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Irshad Hasan Khan
Justice Irshad Hasan Khan (Urdu : ) (born 7 January 1937) was Chief Justice of the Supreme Court of Pakistan from 26 January 2000 to 6 January 2002. He took his oath under PCO (Provisional Constitutional Order) which was promulgated by General Pervez Musharraf following a military takeover in Pakistan. Subsequently, it was Mr Irshad who validated the military takeover by invoking the doctrine of necessity in his supreme court ruling of 12 May 2000. He is a law graduate from the University of Punjab. Khan enrolled as a pleader in 1959, and as an advocate, High Court of West Pakistan in 1961. He worked on the Supreme Court of Pakistan in 1966, and signed the rolls of Senior Advocate to the Supreme Court in 1979. He was a visiting professor at Himayat-e-Islam Law College from 1975 to 1979. He served as Deputy Attorney General for Pakistan from 1979 to 1981. After his retirement from the Supreme Court on 6 January 2002, he was appointed Chief Election Commissioner. References Ext ...
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Lahore High Court
The Lahore High Court () is based in Lahore, Pakistan. It was established as a high court on 21 March 1882. The Lahore High Court has jurisdiction over Punjab (Pakistan). The High Court's principal seat is in Lahore, but there are benches in three other Pakistani cities: Rawalpindi, Multan and Bahawalpur. A proposal was sent by lawyers to set up new high court benches in Faisalabad, Sialkot, D.G.Khan and Gujranwala divisions but full court of Lahore High Court turned down this request. History Creation In 1849, the East India Company defeated the Sikh Empire and assumed control of administration within the Punjab. A Board of Administration was constituted and the Punjab was divided into Divisions, Districts and Tehsils. The Divisions were controlled by Commissioners, Districts by Deputy Commissioners and Tehsils by an Assistant and Extra Assistant Commissioners. The Board of Administration consisted of Sir Henry Lawrence, John Lawrence and Charles Grenville Mansel Chief ...
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Anti Terrorism Court Of Pakistan
The Anti Terrorism Court of Pakistan ( ur, عدالت انسداد دہشتگردی, ATC) was established in Pakistan, under Nawaz Sharif's government, to deal with terrorism cases. 1997 creation and subsequent amendments The court had been created by the 1997 Anti-Terrorist Act, amended on 24 October 1998 by the Anti-Terrorism (Amendment) Ordinance following the Supreme Court judgment (''Merham Ali versus Federation of Pakistan'', 1998) declaring most of its provisions unconstitutional. Charles H. KennedyThe Creation and Development of Pakistan’s Anti-terrorism Regime, 1997–2002iReligious Radicalism and Security in South Asia(Satu P. Limaye, Robert G. Wirsing, Mohan Malik, eds.), p.387-413 (a publication of the Asia Pacific Center for Security Studies, Honolulu, Hawaï, Spring 2004). A short time before being ousted from power by Pervez Musharraf's coup, Sharif enacted the 25 August 1999 Pakistan Anti-Terrorism (Amendment) Ordinance which generalized the ATC system to all o ...
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Terrorism
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war against non-combatants (mostly civilians and neutral country, neutral military personnel). The terms "terrorist" and "terrorism" originated during the French Revolution of the late 18th century but became widely used internationally and gained worldwide attention in the 1970s during The Troubles, the Troubles in Northern Ireland, the Basque conflict, and the Israeli–Palestinian conflict. The increased use of suicide attacks from the 1980s onwards was typified by the 2001 September 11 attacks in the United States. There are various different definitions of terrorism, with no universal agreement about it. Terrorism is a Loaded language, charged term. It is often used with the connotation of some ...
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Nawaz Sharif
Mian Muhammad Nawaz Sharif (Urdu, Punjabi language, Punjabi: ; born 25 December 1949) is a Pakistani businessman and politician who has served as the Prime Minister of Pakistan for three non-consecutive terms. He is the longest-serving prime minister of Pakistan, having served a total of more than 9 years across three tenures. Each term has ended in his ousting. Born into the upper-middle-class Sharif family in Lahore, Nawaz is the son of Muhammad Sharif, the founder of Ittefaq Group, Ittefaq and Sharif Group, Sharif groups. He is the elder brother of Shehbaz Sharif, who also became the prime minister of Pakistan in 2022. According to the Election Commission of Pakistan, Nawaz is the one of the List of Pakistanis by net worth, wealthiest men in Pakistan, with an estimated net worth of at least . Most of his wealth originates from his businesses in steel construction. Before entering politics in the mid-1980s, Nawaz studied business at Government College University (Lahore), ...
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Government Of Pakistan
The Government of Pakistan ( ur, , translit=hakúmat-e pákistán) abbreviated as GoP, is a federal government established by the Constitution of Pakistan as a constituted governing authority of the Administrative units of Pakistan, four provinces, two autonomous territories, and one federal territory of a Parliamentary democracy, parliamentary democratic Parliamentary republic, republic, constitutionally called the Pakistan, Islamic Republic of Pakistan. Effecting the Westminster system for governing the state, the government is mainly composed of the Executive branch, executive, Legislative branch, legislative, and Judicial branch, judicial branches, in which all powers are vested by the Constitution of Pakistan, Constitution in the Parliament of Pakistan, Parliament, the Prime Minister of Pakistan, Prime Minister and the Supreme Court of Pakistan, Supreme Court. The powers and duties of these branches are further defined by acts and amendments of the Parliament, including the ...
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Judicial Independence
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the ...
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Sunni
Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagreement over the succession to Muhammad and subsequently acquired broader political significance, as well as theological and juridical dimensions. According to Sunni traditions, Muhammad left no successor and the participants of the Saqifah event appointed Abu Bakr as the next-in-line (the first caliph). This contrasts with the Shia view, which holds that Muhammad appointed his son-in-law and cousin Ali ibn Abi Talib as his successor. The adherents of Sunni Islam are referred to in Arabic as ("the people of the Sunnah and the community") or for short. In English, its doctrines and practices are sometimes called ''Sunnism'', while adherents are known as Sunni Muslims, Sunnis, Sunnites and Ahlus Sunnah. Sunni Islam is sometimes referre ...
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