Supreme_Court_of_Pakistan,_Islamabad_by_Usman_Ghani

Justice Mian Sakirullah Jan () is a former justice in

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 a ...

and a former Chief Justice of

Peshawar High Court The Peshawar High Court ( ur, ) is the highest judicial institution of Khyber-Pakhtunkhwa. It is located in the provincial capital Peshawar. The Parliament passed a bill extending the jurisdiction of the Supreme Court (SC) and the Peshawar High ...

and is currently serving as the Chairman of the National Industrial Relations Commission.

Early life

Justice Jan was born on 18 August 1947 in

Peshawar Peshawar (; ps, پېښور ; hnd, ; ; ur, ) is the sixth most populous city in Pakistan, with a population of over 2.3 million. It is situated in the north-west of the country, close to the International border with Afghanistan. It is ...

Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...

. Supreme Court Report Golden Jubilee Edition 2006
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Education and Training

Mian Shakirullah Jan graduated from Islamia College,

. He obtained a law degree from the Khyber Law College,

Peshawar University The University of Peshawar ( ps, د پېښور پوهنتون; hnd, پشور یونیورسٹی; ur, ; abbreviated UoP; known more popularly as Peshawar University) is a Public university, public research university located in Peshawar, Khy ...

in 1972.

Professional career

Mian Shakirullah Jan enrolled as advocate of Lower court in 1973 and of High Court in 1975. He enrolled as advocate of Supreme Court in 1980. He was appointed Additional Advocate General, NWFP in July 1993. Justice Mian Shakirullah Jan was elevated as Additional Judge of Peshawar High Court on 13 December 1993. On 28 April 2000 he was appointed as Chief Justice of

. He was elevated to the bench of Supreme Court of Pakistan 29 July 2004. He has been interim Chief Election Commissioner Of Pakistan in 2011. Interim Chief Justice of Pakistan. Justice Mian Shakirullah Jan has been: * Elected unanimously Vice-president of Peshawar Bar Association (1977–1978) * Elected Secretary Peshawar High Court Bar Association (1979–1980) * Elected unanimously Secretary of Peshawar Bar Association (1984–1985) * Elected Vice-President of Peshawar High Court Bar Association (1987–1988) * Member of the Provincial Bar Council, NWFP Peshawar (1989–1993) * Member of the Executive Committee Supreme Court Bar Association (1993–1994)

Controversies

Reappointment to Supreme Court

On 3 November 2007 Chief of Army Staff in Pakistan declared an

emergency An emergency is an urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or environment and requires immediate action. Most emergencies require urgent intervention to prevent a worsening ...

and issued a

Provisional Constitutional Order The Provisional Constitutional Order, popularly known as PCO, is an emergency and extra-constitutional order that suspends either wholly or partially the Constitution of Pakistan — the supreme law of land. The PCO fulfills and acts as the temp ...

. A seven-member panel of the

, headed by Chief Justice of Pakistan

Iftikhar Mohammad Chaudhry Iftikhar Muhammad Chaudhry ( ur, ; born 12 December 1948) is a Pakistani jurist who served as the Chief Justice of Pakistan#List, 20th Chief Justice of Pakistan over three non-consecutive terms from 29 June 2005 to 11 December 2013. Chaudhry b ...

and consisting of Justice

Rana Bhagwandas Rana Bhagwandas (20 December 1942 – 23 February 2015) was a Pakistani jurist who served as a senior judge and acting chief justice of the Supreme Court of Pakistan (CJP). He enjoyed extremely high reputation as a judge. He remained the acting ...

, Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice

Nasir-ul-Mulk Nasirul Mulk ( ur, , born 17 August 1950) served as the seventh caretaker prime minister of Pakistan who previously also served as the 22nd chief justice of Pakistan. A jurist by profession, he was nominated as Chief Justice by the Pr ...

, Justice

Raja Muhammad Fayyaz Ahmad Raja Muhammad Fayyaz Ahmad (, born 1 June 1946) is a judge in Supreme Court of Pakistan and is a former Chief Justice of High Court of Balochistan. Early life Ahmad was born in Quetta Quetta (; ur, ; ; ps, کوټه‎) is the tenth mos ...

, and Justice Ghulam Rabbani, issued an order that declared the declaration of emergency as illegal and prohibited all judges to take oath on any PCO. Justice Jan refused to take oath on PCO. As the consequence of it, on 4 December 2007, he was declared to be no longer a justice of the court and declared to be considered as retired with effect from 3 November 2007 without any retirement benefits. On 5 September 2008, Justice Mian Shakirullah Jan, Tassaduq Hussain Jillani and Syed Jamshed Ali, who were ousted as result of action of 4 November 2007 were reappointed to Supreme Court. They took a fresh oath of Office. The controversial aspect of this appointment was that they were given same seniority which they were enjoying on 2 November 2007.

Important Cases

On 28 September 2007, a nine-member bench of

, in a 6–3 split verdict held that petition challenging General Pervez Musharraf candidature for the second term as the president as non-maintainable. Justice Mian Shakirullah Jan along with head of bench Justice

and Justice

Sardar Muhammad Raza Khan Sardar Muhammad Raza () was Chief Election Commissioner from 6 December 2014 to 5 December 2019. who previously served as retired judge of the Supreme Court of Pakistan and as Chief Justice of the Peshawar High Court. Khan was born in th ...

dissented with the majority opinion. Declaring the petition as non-maintainable were Javed Iqbal,

Abdul Hameed Dogar Abdul Hameed Dogar () is a Pakistani jurist who served as the former Justice of Sindh High Court,

, M. Javed Buttar, Muhammad Nawaz Abbasi, Faqir Muhammad Khokhar, and Falak Sher. On 2 November 2007

Barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...

Aitzaz Ahsan Chaudhry Aitzaz Ahsan ( ur, ; born 27 September 1945) is a Pakistani politician and lawyer. He served two times as the Leader of the House in the Senate of Pakistan from 1994 to 1997 and again from 2012 to 2015. He also served as the Leader o ...

submitted an application to the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

asking that the Government be restrained from imposing

martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...

in Pakistan. To this application a seven panel Supreme Court bench issued a stay order on 3 November 2007 against the imposition of an emergency. The bench was headed by Chief Justice Iftikhar Mohammad Chaudhry. The other members of the bench were Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Nasirul Mulk, Justice Raja Fayyaz, and Justice Ghulam Rabbani. This stay order was ignored by the Chief of Army Staff and the emergency was imposed across the country.

References

{{DEFAULTSORT:Jan, Mian Shakirullah 1947 births Living people Justices of the Supreme Court of Pakistan Pakistani judges Chief Justices of the Peshawar High Court