Trivia about Pakistani chief justices —II
December 08, 2013
Justice Irshad Hasan Khan (born January 7, 1937 in Lahore) was appointed Chief Justice on January 26, 2000, when he was 63 years and 19 days old.
Appointed by President Rafiq Tarrar, he had served till January 6, 2002. After his retirement on January 6, 2002, he was appointed Chief Election Commissioner.
No “full court reference” was held for Justice Irshad as well, possibly because he had validated the October 12, 1999 military takeover of General Musharraf on the basis of the doctrine of necessity. He also gave General Musharraf the authority to amend the Constitution.
Saeeduzzaman Siddiqui (born December 1, 1937) was appointed Chief Justice by President Rafiq Tarrar on July 1, 1999, when he was 61 years and 7 months old. He had served till January 26, 2000.
He was the Chief Justice when the 1999 coup was staged. He was forced to step down from his position by the military regime because he had refused to take the PCO oath, prescribed by General Musharraf to legitimise his Legal Framework Order.
Four generals (Moinuddin Haider, Ehsanul Haq, Mahmud Ahmad and Javed Ashraf Bajwa) had tried to convince Saeeduzzaman Siddiqui to side with the Musharraf regime, but he did not oblige. This led to his house arrest along with family.
On August 25, 2008, Nawaz Sharif pitched him as a presidential candidate against Asif Zardari, but he lost the September 6, 2008 election by 79 votes. CJ Siddiqui, who had also declined to validate the October 12, 1999 military coup, was another one sent home without a “full court reference.”
Justice Sajjad Ali Shah (born February 17, 1933) was appointed Chief Justice by President Farooq Leghari on June 4, 1994, when he was 61 years and three months old.
When Nasim Hassan Shah retired as Chief Justice in 1994, Justice Saad Saud Jan should have taken his place based on seniority, but the then Premier Benazir Bhutto threw the tradition overboard by ignoring two senior judges and nodding in favour of Sajjad Ali Shah.
Later, when she was dismissed by President Farooq Leghari on charges of corruption, Sajjad Ali Shah and his six colleagues on bench had upheld this decision.
He served till December 2, 1997 until his tiff with the then Premier Nawaz Sharif had led to his downfall.
Sajjad Ali shah also went home unceremoniously without a “full court reference.” The Supreme Court had declared him “inefficient and not fit to hold office of a judge.”
Saad Saud Jan (1931—July 21, 2005), an Acting Supreme Court Chief Justice, was 63 when he was elevated to this office on April 15, 1994.
He had served for a short period till June 4, 1994. He was the most senior judge of the Supreme Court after Justice Nasim Hassan Shah, but was not made Chief Justice and Justice Sajjad Ali Shah had gone on to supersede him.
Justice Saad had retired in 1996 and was appointed judge of the International Court of Justice to replace Justice Rustam Sidhwa, also from Pakistan.
Justice Afzal Zullah (born on April 19, 1928 near Gujar Khan) was appointed Chief Justice by President Ghulam Ishaq Khan on January 1, 1990, when he was 61 years and eight months old. Afzal Zullah also went home without a “full court reference.”
Pakistan’s first Chief Justice Sir Abdul Rasheed (June 29, 1889—November 6, 1981) was appointed just 22 days before his 60th birthday by Quaid-i-Azam Muhammad Ali Jinnah on June 7, 1949. He served till June 29, 1954.
Pakistan’s second Chief Justice Muhammad Munir (1895–1979) was elevated at the age of 59 on June 29, 1954. He was appointed by Governor General Malik Ghulam Muhammad. He served till May 2, 1960.
Pakistan’s fourth Chief Justice Alvin “Bobby” Robert Cornelius (May 8, 1903—December 21, 1991) was appointed on May 13, 1960 by President Ayub Khan. His elevation came at the age of 57 years and five days. He served till February 29, 1968 for seven years, 10 months and 16 days.
Pakistan’s seventh Chief Justice Hamoodur Rahman (November 1, 1910-October 31, 1975) was appointed at the age of 58 years and 17 days on November 18, 1968 by President Ayub Khan. He served till 1975.
Despite hailing from East-Pakistan, Hamoodur Rahman had retained his Pakistani citizenship even after the birth of Bangladesh.
Hamoodur Rahman had gained international fame when he was named as the Chairman of the 1972 Hamoodur Rehman Commission that had investigated the East Pakistan tragedy during the then Bhutto regime.
Justice Hamoodur Rahman had also served as the Deputy Mayor of Calcutta in 1943.
He was the father of Islamabad High Court Chief Justice Iqbal Hameedur Rahman, who had refused to take oath under the Provisional Constitutional Order issued by General Pervez Musharraf in November 2007.
Chief Justice Sheikh Anwarul Haq (May 11, 1917-March 3, 1995) was 60 years, four months and 12 days old at the time of his appointment on September 23, 1977 by President Fazal Ellahi Chaudhry.
This civil servant-turned-judge was the one who gave legitimacy to General Zia-ul-Haq’s 1977 Martial Law and then ended up bagging notoriety for upholding the Lahore High Court decision sentencing Premier Zulfikar Ali Bhutto to death.
However, he had resigned on conscientious grounds on March 25, 1981 after refusing an oath under General Zia’s PCO.
No “full court reference” was held in his honour too, possibly because he had upheld the death sentence awarded to Zulfikar Ali Bhutto.
Acting Chief Justice Javed Iqbal (born August 1, 1946) was 60 years, 7 months and 8 days old when he had to head the Supreme Court for an interim period between March 9, 2007 and March 24, 2007.
Another Acting Supreme Court Chief Justice Rana Bhagwan Das (born December 20, 1942) was 64 years, three months and four days at the time of his temporary elevation on March 24, 2007. He had served till July 20, 2007.
De Facto Chief Justice Abdul Hameed Dogar (born March 22, 1944) was 63 years, 7 months and 12 days old when he was sworn in as Chief Justice on November 3, 2007, following the proclamation of Emergency by General Musharraf.
On July 31, 2009, the Supreme Court had declared that taking oath on PCO was not legal and held that Justice Dogar was never a Constitutional Chief Justice of Pakistan, as the office of the Chief Justice of Pakistan was never vacant in the presence of de jure Chief Justice.
Dogar was hence treated as the de facto Chief Justice of Pakistan.
Justice Dogar had administered oath to President Asif Zardari, who completed his five-year term.
A petition later filed in Supreme Court by two PCO judges, Ahsan Bhoon and Anwarul Haq, had stated that since all verdicts made under Abdul Hameed Dogar were annulled due to the illegality of the appointment, the oath administered by him to President Zardari should also be declared invalid.
After the July 31, 2009 decision, contempt of court notices were issued to the PCO judges and on November 9, 2010, Supreme Court took up the contempt of court charges against the nine justices who had not apologised for taking the oath.
After raising objections to the judges in the bench hearing the contempt case, Justices Dogar and Zahid Hussain had apologised to the Supreme Court on March 3, 2011. Chief Justice Iftikhar Muhammad Chaudhry had accepted the apologies tendered.
Comparing the tenures of Pakistani Chief Justices with their counterparts in US, UK and India etc, one finds that in the United States of America, Chief Justice John Marshall had served for 34 years between 1801 and 1835, Roger Brooke Taney served for a period of 25 years, Melville Weston Fuller served for 22 years and William Rehnquist for 19 years (1986– 2005) and most of them died in office.
Similarly, in the United Kingdom, Sir Harbottle Grimston remained in office for a period of 25 years (1660 - 1685), Sir John Trevor for 24 years, Sir Thomas Sewell for 20 years and Lord Denning had served for a period of 20 years till he retired in 1982.
In Indian Punjab, Justice Sir Shadi Lal had served for a period of 14 years (1920 to 1934), while in Bomby High Court; Justice M. C. Chagla had served as Chief Justice from 1948 to 1958.
Appointed by President Rafiq Tarrar, he had served till January 6, 2002. After his retirement on January 6, 2002, he was appointed Chief Election Commissioner.
No “full court reference” was held for Justice Irshad as well, possibly because he had validated the October 12, 1999 military takeover of General Musharraf on the basis of the doctrine of necessity. He also gave General Musharraf the authority to amend the Constitution.
Saeeduzzaman Siddiqui (born December 1, 1937) was appointed Chief Justice by President Rafiq Tarrar on July 1, 1999, when he was 61 years and 7 months old. He had served till January 26, 2000.
He was the Chief Justice when the 1999 coup was staged. He was forced to step down from his position by the military regime because he had refused to take the PCO oath, prescribed by General Musharraf to legitimise his Legal Framework Order.
Four generals (Moinuddin Haider, Ehsanul Haq, Mahmud Ahmad and Javed Ashraf Bajwa) had tried to convince Saeeduzzaman Siddiqui to side with the Musharraf regime, but he did not oblige. This led to his house arrest along with family.
On August 25, 2008, Nawaz Sharif pitched him as a presidential candidate against Asif Zardari, but he lost the September 6, 2008 election by 79 votes. CJ Siddiqui, who had also declined to validate the October 12, 1999 military coup, was another one sent home without a “full court reference.”
Justice Sajjad Ali Shah (born February 17, 1933) was appointed Chief Justice by President Farooq Leghari on June 4, 1994, when he was 61 years and three months old.
When Nasim Hassan Shah retired as Chief Justice in 1994, Justice Saad Saud Jan should have taken his place based on seniority, but the then Premier Benazir Bhutto threw the tradition overboard by ignoring two senior judges and nodding in favour of Sajjad Ali Shah.
Later, when she was dismissed by President Farooq Leghari on charges of corruption, Sajjad Ali Shah and his six colleagues on bench had upheld this decision.
He served till December 2, 1997 until his tiff with the then Premier Nawaz Sharif had led to his downfall.
Sajjad Ali shah also went home unceremoniously without a “full court reference.” The Supreme Court had declared him “inefficient and not fit to hold office of a judge.”
Saad Saud Jan (1931—July 21, 2005), an Acting Supreme Court Chief Justice, was 63 when he was elevated to this office on April 15, 1994.
He had served for a short period till June 4, 1994. He was the most senior judge of the Supreme Court after Justice Nasim Hassan Shah, but was not made Chief Justice and Justice Sajjad Ali Shah had gone on to supersede him.
Justice Saad had retired in 1996 and was appointed judge of the International Court of Justice to replace Justice Rustam Sidhwa, also from Pakistan.
Justice Afzal Zullah (born on April 19, 1928 near Gujar Khan) was appointed Chief Justice by President Ghulam Ishaq Khan on January 1, 1990, when he was 61 years and eight months old. Afzal Zullah also went home without a “full court reference.”
Pakistan’s first Chief Justice Sir Abdul Rasheed (June 29, 1889—November 6, 1981) was appointed just 22 days before his 60th birthday by Quaid-i-Azam Muhammad Ali Jinnah on June 7, 1949. He served till June 29, 1954.
Pakistan’s second Chief Justice Muhammad Munir (1895–1979) was elevated at the age of 59 on June 29, 1954. He was appointed by Governor General Malik Ghulam Muhammad. He served till May 2, 1960.
Pakistan’s fourth Chief Justice Alvin “Bobby” Robert Cornelius (May 8, 1903—December 21, 1991) was appointed on May 13, 1960 by President Ayub Khan. His elevation came at the age of 57 years and five days. He served till February 29, 1968 for seven years, 10 months and 16 days.
Pakistan’s seventh Chief Justice Hamoodur Rahman (November 1, 1910-October 31, 1975) was appointed at the age of 58 years and 17 days on November 18, 1968 by President Ayub Khan. He served till 1975.
Despite hailing from East-Pakistan, Hamoodur Rahman had retained his Pakistani citizenship even after the birth of Bangladesh.
Hamoodur Rahman had gained international fame when he was named as the Chairman of the 1972 Hamoodur Rehman Commission that had investigated the East Pakistan tragedy during the then Bhutto regime.
Justice Hamoodur Rahman had also served as the Deputy Mayor of Calcutta in 1943.
He was the father of Islamabad High Court Chief Justice Iqbal Hameedur Rahman, who had refused to take oath under the Provisional Constitutional Order issued by General Pervez Musharraf in November 2007.
Chief Justice Sheikh Anwarul Haq (May 11, 1917-March 3, 1995) was 60 years, four months and 12 days old at the time of his appointment on September 23, 1977 by President Fazal Ellahi Chaudhry.
This civil servant-turned-judge was the one who gave legitimacy to General Zia-ul-Haq’s 1977 Martial Law and then ended up bagging notoriety for upholding the Lahore High Court decision sentencing Premier Zulfikar Ali Bhutto to death.
However, he had resigned on conscientious grounds on March 25, 1981 after refusing an oath under General Zia’s PCO.
No “full court reference” was held in his honour too, possibly because he had upheld the death sentence awarded to Zulfikar Ali Bhutto.
Acting Chief Justice Javed Iqbal (born August 1, 1946) was 60 years, 7 months and 8 days old when he had to head the Supreme Court for an interim period between March 9, 2007 and March 24, 2007.
Another Acting Supreme Court Chief Justice Rana Bhagwan Das (born December 20, 1942) was 64 years, three months and four days at the time of his temporary elevation on March 24, 2007. He had served till July 20, 2007.
De Facto Chief Justice Abdul Hameed Dogar (born March 22, 1944) was 63 years, 7 months and 12 days old when he was sworn in as Chief Justice on November 3, 2007, following the proclamation of Emergency by General Musharraf.
On July 31, 2009, the Supreme Court had declared that taking oath on PCO was not legal and held that Justice Dogar was never a Constitutional Chief Justice of Pakistan, as the office of the Chief Justice of Pakistan was never vacant in the presence of de jure Chief Justice.
Dogar was hence treated as the de facto Chief Justice of Pakistan.
Justice Dogar had administered oath to President Asif Zardari, who completed his five-year term.
A petition later filed in Supreme Court by two PCO judges, Ahsan Bhoon and Anwarul Haq, had stated that since all verdicts made under Abdul Hameed Dogar were annulled due to the illegality of the appointment, the oath administered by him to President Zardari should also be declared invalid.
After the July 31, 2009 decision, contempt of court notices were issued to the PCO judges and on November 9, 2010, Supreme Court took up the contempt of court charges against the nine justices who had not apologised for taking the oath.
After raising objections to the judges in the bench hearing the contempt case, Justices Dogar and Zahid Hussain had apologised to the Supreme Court on March 3, 2011. Chief Justice Iftikhar Muhammad Chaudhry had accepted the apologies tendered.
Comparing the tenures of Pakistani Chief Justices with their counterparts in US, UK and India etc, one finds that in the United States of America, Chief Justice John Marshall had served for 34 years between 1801 and 1835, Roger Brooke Taney served for a period of 25 years, Melville Weston Fuller served for 22 years and William Rehnquist for 19 years (1986– 2005) and most of them died in office.
Similarly, in the United Kingdom, Sir Harbottle Grimston remained in office for a period of 25 years (1660 - 1685), Sir John Trevor for 24 years, Sir Thomas Sewell for 20 years and Lord Denning had served for a period of 20 years till he retired in 1982.
In Indian Punjab, Justice Sir Shadi Lal had served for a period of 14 years (1920 to 1934), while in Bomby High Court; Justice M. C. Chagla had served as Chief Justice from 1948 to 1958.
