Supreme_Court_of_Pakistan,_Islamabad_by_Usman_Ghani

Nasim Hasan Shah (

Urdu Urdu (;"Urdu"
'' Chief Justice of Pakistan. He is best known for his role in the verdict against

Zulfiqar Ali Bhutto Zulfikar (or Zulfiqar) Ali Bhutto ( ur, , sd, ذوالفقار علي ڀٽو; 5 January 1928 – 4 April 1979), also known as Quaid-e-Awam ("the People's Leader"), was a Pakistani barrister, politician and statesman who served as the fourth ...

, the first democratically elected Prime Minister of Pakistan, which resulted in the death penalty. His other notable verdict was restoration of the parliament of Pakistan dissolved by then President

Ghulam Ishaq Khan Ghulam Ishaq Khan ( ur, غلام اسحاق خان; 20 January 1915 – 27 October 2006), was a Pakistani bureaucrat who served as the seventh president of Pakistan, elected in 1988 following Zia's death until his resignation in 1993. He wa ...

. The Supreme Court held that dissolution order was based on an incorrect appreciation of the role assigned to the president and of the powers vested in him by the constitution. The Prime Minister is not answerable to the President. In fact, it is the president who is obliged to act on the advice of the Prime Minister except when he enjoys discretionary powers. An inspiring man physically 56 inches tall and 50 inches in girth, he overcame his handicap to become the Chief Justice of the

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 ...

from 17 April 1993 to 14 April 1994. After a brilliant academic career and a Doctorate of Law (with distinction) from

Paris University , image_name = Coat of arms of the University of Paris.svg , image_size = 150px , caption = Coat of Arms , latin_name = Universitas magistrorum et scholarium Parisiensis , motto = ''Hic et ubique terrarum'' (Latin) , mottoeng = Here and a ...

, he had a successful legal practice when he was appointed a High Court Judge at the age of 39, and retired from Supreme Court at 65, the longest tenure by any judge in the history of the Indo-Pak subcontinent. Mr Justice Asif Saeed Khosa is son in law of late Justice Naseem Hasan Shah

Education

Nasim Hasan Shah was born in

Lahore Lahore ( ; pnb, ; ur, ) is the second most populous city in Pakistan after Karachi and 26th most populous city in the world, with a population of over 13 million. It is the capital of the province of Punjab where it is the largest city ...

to Syed Mohsin Shah, an eminent advocate and political activist. *Early schooling Cathedral School Lahore: 1933 to 1941 Central Model School, Lahore passing Matriculation in FIRST Division *Joined

Government College, Lahore The Government College University, Lahore (colloquially known as GCU), is a public research university located in Lahore, Punjab, Pakistan. Opened as Government College, Lahore, in 1864, it became a university in 2002. Overview In 1864, Go ...

in 1943 graduating from it in 1947. Awarded: Academic Roll of Honor *Bachelor of Laws (LL.B) from

University of the Punjab The University of the Punjab (Urdu, pnb, ), also referred to as Punjab University, is a public, research, coeducational higher education institution located in Lahore, Pakistan. Punjab University is the oldest public university in Pakistan. ...

, 1949 (FIRST Class) *Master in Arts (M.A.) in Political Science, Government College, 1951 (FIRST Class First) *Doctorate in Jurisprudence "Docteur-en-droit" with mention " Tres Bien" from

University of Paris , image_name = Coat of arms of the University of Paris.svg , image_size = 150px , caption = Coat of Arms , latin_name = Universitas magistrorum et scholarium Parisiensis , motto = ''Hic et ubique terrarum'' (Latin) , mottoeng = Here and a ...

(

Sorbonne Sorbonne may refer to: * Sorbonne (building), historic building in Paris, which housed the University of Paris and is now shared among multiple universities. *the University of Paris (c. 1150 – 1970) *one of its components or linked institution, ...

) *Doctorate in Political Science:“Institute Des Hautes Etudes Internationales” (FIRST Position) from

, 1954 *Diploma of

The Hague Academy of International Law The Hague Academy of International Law (french: Académie de droit international de La Haye) is a center for high-level education in both public and private international law housed in the Peace Palace in The Hague, Netherlands. Courses are taugh ...

, 1954 *

Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of high ...

International Law Seminar, 1957

Distinctions

* Named "Man of the Decade" for services to Democracy and Rule of Law by the American Pakistan Alliance, Washington D.C. 26 September 1993 * Named as one of Pakistan's nominees on the

Permanent Court of Arbitration The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization located in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides services of arbitral tribunal to resolve disputes that aris ...

The Hague The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital o ...

in 1959 and continued until 1977 * Worked as Editor Supreme Court Reports from 1960 to 1963 * Elected as Member of the West Pakistan Bar Council in 1964 and of the Pakistan Bar Council in 1966 * Elevated as Judge of the High Court of West Pakistan on 11 March 1968 * Appointed Judge (ad hoc)

on 18 May 1977 being the YOUNGEST in history of the Supreme Court of Pakistan. Made permanent Judge of the Supreme Court on 14 June 1979 * Elected President SAARCLAW (Pakistan) January 1992 and President SAARCLAW for entire Saarc Region (1993–1995), Patron Saarc Law: 1997 * President of B.C.C.P. 1992 to 1994 * Appointed Chief Justice of Pakistan and chairman Pakistan Law Commission on 26 April 1993. * Elected President “Markazzia Majilis-i-Iqbal” (The Central Iqbal Committee): 21 April 1994 * Elected President “Quaid-e-Azam Forum” 3 June 1994 * Elected chairman Electric Power Forum, 1996 * Elected President Old Ravians Association, 1997 * Appointed Visiting Professor at the Kulliyah of Laws,

International Islamic University Malaysia The International Islamic University Malaysia ( ms, Universiti Islam Antarabangsa Malaysia; Jawi: اونيۏرسيتي اسلام انتارابڠسا مليسيا; ar, الجامعة الإسلامية العالمية بماليزيا), als ...

to deliver a course of lectures on the Islamisation of Laws in Pakistan (1997) * Designated Founding Chairman of The Citizens Media Commission, 1998 * Elected President of

Anjuman-i-Himayat-i-Islam Anjuman-i-Himayat-i-Islam ("The Association for the Support of Islam") or Anjuman-e-Himayat-e-Islam ( ur, ) is an Islamic intellectual and social welfare organisation with branches both in India and Pakistan. It was founded in Lahore on 24 Sep ...

(Association for the Service of Islam),1998

Bhutto case controversy

Perhaps the only time in Pakistans' Judicial History that a petition against a Former Chief Justice of

was filed, seeking registration of a case against him on charges of abetting in the "murder" of former Prime Minister

Zulfikar Ali Bhutto Zulfikar (or Zulfiqar) Ali Bhutto ( ur, , sd, ذوالفقار علي ڀٽو; 5 January 1928 – 4 April 1979), also known as Quaid-e-Awam ("the People's Leader"), was a Pakistani barrister, politician and statesman who served as the fourt ...

. A division bench comprising Justices Sheikh Abdur Rashid and Bilal Khan held that the petition hardly qualified for processing because the judge of a bench could not be proceeded against in a case which had already been decided. The members of the bench felt that petitioner ''Mian Mohammad Hanif Tahir'' of the ''People's Lawyers Forum''(PLF) was hardly prepared to address legal aspects of the case and questions arising out of the petition. Instead, he was agitating legal points in a political manner. One member of the bench remarked; :''In a situation where the judgment of a case was effective for citation as a reference, an ambiguous statement of one of the members of a panel of judges hearing the case, could in no way prejudice the decision after two decades. If such things were allowed to happen, the whole judicial system would collapse''. (PLF) leader Hanif Tahir had quoted the former chief justice as saying in two of his press interviews that the Supreme Court judgment in the appeal of the late Bhutto against his death sentence awarded by the Lahore High Court, was a wrong decision and it was a fit case for lesser punishment. The petitioner submitted that Mr Shah was part of the 7-member bench of the Supreme Court which upheld the death penalty. He contended that comments of the former chief justice amounted to a confessional statement and that he had shown no such sentiments while agreeing with the majority opinion of apex court's bench which confirmed the execution of Mr Bhutto. When the proceedings began, the petitioner requested the court that a larger bench be constituted to hear the case which was of paramount importance. Rejecting the request, the court informed Mr Tahir that petitions seeking registration of ''FIRs'' were usually heard by a single bench. It was because of the nature of case that the chief justice had constituted a division bench. Later, the petitioner requested for time to collect evidence and sought an adjournment. The court refused to do so and directed him to argue his case as he should have gathered evidence before coming to the court. The petitioner started with quotes from the interview of Mr Shah. The court asked him if such quotes, taken from a television interview, carried any legal significance. When the petitioner submitted that the text of interview was a "public document", the court asked the lawyer to define the legality of public documents and remarked that points raised in the petition were based on hearsay. As for petitioner's contention that Mr Shah had made a confessional statement in his interview, the court directed him to examine the relevant law to know what a confessional statement was and if it carried a legal weight if given on a non-judicial or extrajudicial forum. He must also differentiate between a press statement and a legal statement recorded in a court of law. The bench of the Lahore High Court on 12 February 2004 dismissed in limina. On 25 February 2010, President

Asif Ali Zardari Asif Ali Zardari ( ur, ; sd, ; born 26 July 1955) is a Pakistani politician who is the president of Pakistan Peoples Party Parliamentarians and was the co-chairperson of Pakistan People's Party. He served as the 11th president of Pakist ...

said in

Quetta Quetta (; ur, ; ; ps, کوټه‎) is the tenth most populous city in Pakistan with a population of over 1.1 million. It is situated in south-west of the country close to the International border with Afghanistan. It is the capital of ...

: "I believe former Justice Naseem Hassan Shah as the murderer of Zulfikar Ali Bhutto."

Public service record

Pakistan Cricket Board President

Justice Nasim Hasan Shah has remained President of the Board between 1993 and 1994 and during his tenure an ad hoc committee was placed on the Karachi City Cricket Association (KCCA) whose affiliation with the Board had been suspended after the shock confession in a television interview by Dr Nasim Hasan Shah, a member of the Supreme Court bench which rejected

's appeal, that he had joined the rejectionists under pressure. The decision led to the execution of

The Citizen's Media Commission of Pakistan

Dr. Nasim Hasan Shah was the founding Chairman of the Commission

Markazzia Majilis-i-Iqbal (The Central Iqbal Committee)

Elected President following his time as Chief Justice of The Supreme Court

Published works

* Constitution, Law and Pakistan Affairs (1986) * Law, Justice and Islam (1989) * Judgement on the Constitution, Rule of Law and Martial Law in Pakistan (1993) * Constitution, Law and Pakistan Legal System (1999) * Memoirs and Reflections

References

* Judging the State : Courts and Constitutional Politics in Pakistan, by Paula R. Newburg {{DEFAULTSORT:Shah, Naseem Hasan 1929 births Pakistani people of Kashmiri descent Chief justices of Pakistan Government College University, Lahore alumni The Hague Academy of International Law people 2015 deaths Members of the Permanent Court of Arbitration Pakistani judges University of Paris alumni University of the Punjab alumni People from Lahore Pakistani judges of international courts and tribunals Pakistan Cricket Board Presidents and Chairmen Central Model School, Lahore alumni