| Case ID |
2685016b-cdb5-4d59-9169-daacd0fdf4b7 |
| Body |
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| Case Number |
D-412 of 1998 and D-1069 of 1999 |
| Decision Date |
Aug 26, 2002 |
| Hearing Date |
Dec 10, 2001 |
| Decision |
The Sindh High Court dismissed the constitutional petitions filed against the appointment of non-Muslim judges, affirming that the Constitution does not bar non-Muslims from serving as judges in the High Court. The court emphasized the need for a judge to be qualified based on legal criteria rather than religious affiliation. It concluded that the appointments of Mr. Rana Bhagwandas and Ms. Majida Razvi were valid, and the petitions challenging their qualifications were not maintainable. The court reiterated that the independence of the judiciary must be preserved and that the qualifications required under the Constitution were met by the appointed judges. The petitions were disposed of without any further proceedings. |
| Summary |
This case involves two constitutional petitions challenging the appointments of non-Muslim judges in the Sindh High Court. The petitioners argued that the appointments violated Islamic principles and the provisions of the Constitution of Pakistan. The court ruled that there is no explicit prohibition against non-Muslims serving as judges in the High Court, citing that the Constitution emphasizes qualifications over religious beliefs. The ruling reinforces the independence of the judiciary and highlights the importance of adhering to constitutional provisions regarding appointments. The case sets a significant precedent regarding the inclusion of minority communities in judicial roles, promoting equality and non-discrimination under the law. The decision affirms that the judiciary's integrity must be upheld and that religious affiliations should not impede one's qualifications for judicial appointments. The court's stance reflects a commitment to secularism within the framework of an Islamic Republic, recognizing the rights of all citizens, regardless of their religious beliefs. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Zahid Kurban Alvi,
Shabbir Ahmed,
Ghulam Rabbani
|
| Lawyers |
M. Shafi Muhammadi,
Amin-ud-Din Ansari,
Ghulam Qadir Jatoi,
Syed Tariq Ali
|
| Petitioners |
Amin-ud-Din Ansari,
Ghulam Qadir Jatoi,
M. Shafi Muhammadi
|
| Respondents |
another,
Islamic Republic of Pakistan
|
| Citations |
2003 SLD 3256,
2003 PLD 1,
(2003) 87 TAX 232
|
| Other Citations |
Zaheeruddin v. State 1993 SCMR 1718,
Al-Jehad Trust v. Federation of Pakistan PLD 1996 SC 324,
Hakim Khan's case PLD 1992 SC 595,
Haider Iqbal Wahnimal v. Islamic Republic of Pakistan Constitutional Petition No. D-2110 of 1997,
PLD 1996 SC 423,
Allah Dad v. Mukhtiar and others 1992 SCMR 1273,
Munir Ahmad v. Additional District Judge, Kasur PLD 2001 Lah. 149,
Haji Rana Muhammad Shabbir Ahmad Khan v. Federation of Pakistan and others PLD 2001 SC 18,
Sardar Sultan Ahmad Khan v. Government of Punjab 2001 MLD 1013,
Sharaf Faridi and 3 others v. The Federation of Islamic Republic of Pakistan PLD 1989 Kar. 404,
Abdul Mujeeb Pirzada v. Federation of Islamic Republic of Pakistan and 87 others PLD 1990 Kar. 9
|
| Laws Involved |
Constitution of Pakistan, 1973,
Income Tax Ordinance, 1979
|
| Sections |
2A,
193,
203A,
199,
136
|