Dorab Patel
Encyclopedia
Chief Justice
Dorab Framrose Patel (b.1924 Quetta
- d.15 March 1997), was a Pakistan jurist, and lawmaker who served as a former Chief Justice of Supreme Court
of Pakistan and former Chief Justice of Sindh High Court
. Justice Patel was a prominent campaigner for the human rights
, and was a founding member of the Asian Human Rights Commission
(AHRC) in 1987 and the co-founder of the Human Rights Commission of Pakistan
.
A Parsee by faith, he rose up the ranks of the judiciary to become one of Pakistan's most senior most judges, only to resign on principle after refusing to take an oath of allegiance to Chief Martial Law Administrator
and Chief of Army Staff at that time, General Zia-ul-Haq in 1981. Justice Patel died of leukemia
.
where he began his legal practice in Sindh High Court. In 1946, Patel went to United Kingdom
and attended the London School of Economics
. In 1948, Patel received M.Sc.
in Economics
, followed by LLM in Law and Justice Development in 1949. He wrote his master's thesis on Pakistan economy
and legal system in Pakistan. In 1950, he was called to the bar from Lincoln’s Inn where he was awarded JD
in Law in 1953. Following completing his doctorate, dr. Patel returned to Karachi, West Pakistan
where he began practicing law in West Pakistan High Court.
On March 24, 1981, General Zia ul Haq issued a Provisional Constitutional Order (PCO) and asked the Justices of High Courts and Supreme Court to take oath on it. Justice Patel refused to take oath and resigned. Had Justice Patel not resigned, he would have become the Chief Justice of the Supreme Court. After resignation from the Supreme Court, he devoted the rest of his life to waging a crusade for the rights of the oppressed and downtrodden. In 1990, he became the second Pakistani to be elected a member of the exclusive International Commission of Jurists
(ICJ).
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
Dorab Framrose Patel (b.1924 Quetta
Quetta
is the largest city and the provincial capital of the Balochistan Province of Pakistan. Known as the "Fruit Garden of Pakistan" due to the diversity of its plant and animal wildlife, Quetta is home to the Hazarganji Chiltan National Park, which contains some of the rarest species of wildlife in the...
- d.15 March 1997), was a Pakistan jurist, and lawmaker who served as a former Chief Justice of Supreme Court
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
of Pakistan and former Chief Justice of Sindh High Court
Sindh High Court
The High Court of Sindh is the highest judicial institution of Sindh province. Established in 1906, it is situated at provincial capital Karachi. Apart from being the highest Court of Appeal for Sindh in civil and criminal matters, the Court was the District Court and the Court of Session in...
. Justice Patel was a prominent campaigner for the human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, and was a founding member of the Asian Human Rights Commission
Asian Human Rights Commission
The Asian Human Rights Commission is an independent, non-governmental body, which seeks to promote greater awareness and realisation of human rights in the Asian region, and to mobilise Asian and international public opinion to obtain relief and redress for the victims of human rights violations...
(AHRC) in 1987 and the co-founder of the Human Rights Commission of Pakistan
Human Rights Commission of Pakistan
The Human Rights Commission of Pakistan , or HRCP, is an independent, non-profit organization, founded in 1987, which is not associated or affiliated with the government or any political party. It is committed to act with impartiality and objectivity in all matters...
.
A Parsee by faith, he rose up the ranks of the judiciary to become one of Pakistan's most senior most judges, only to resign on principle after refusing to take an oath of allegiance to Chief Martial Law Administrator
Chief Martial Law Administrator
The office of the Chief Martial Law Administrator was a senior government post created in countries such as Pakistan, Bangladesh and Indonesia that gave considerable executive authority and powers to the holder of the post to enforce martial law in the country. This office has been used mostly by...
and Chief of Army Staff at that time, General Zia-ul-Haq in 1981. Justice Patel died of leukemia
Leukemia
Leukemia or leukaemia is a type of cancer of the blood or bone marrow characterized by an abnormal increase of immature white blood cells called "blasts". Leukemia is a broad term covering a spectrum of diseases...
.
Early life
He attended various boarding schools before attending the Bombay University in 1942. In 1944, Patel graduated with a LLB in Law and Justice from the Bombay University. In 1945, Patel moved to KarachiKarachi
Karachi is the largest city, main seaport and the main financial centre of Pakistan, as well as the capital of the province of Sindh. The city has an estimated population of 13 to 15 million, while the total metropolitan area has a population of over 18 million...
where he began his legal practice in Sindh High Court. In 1946, Patel went to United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and attended the London School of Economics
London School of Economics
The London School of Economics and Political Science is a public research university specialised in the social sciences located in London, United Kingdom, and a constituent college of the federal University of London...
. In 1948, Patel received M.Sc.
Master of Science
A Master of Science is a postgraduate academic master's degree awarded by universities in many countries. The degree is typically studied for in the sciences including the social sciences.-Brazil, Argentina and Uruguay:...
in Economics
Economics
Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek from + , hence "rules of the house"...
, followed by LLM in Law and Justice Development in 1949. He wrote his master's thesis on Pakistan economy
Economy of Pakistan
The economy of Pakistan is the 47th largest in the world in nominal terms and 27th largest in the world in terms of purchasing power parity . Pakistan has a semi-industrialized economy, which mainly encompasses textiles, chemicals, food processing, agriculture and other industries...
and legal system in Pakistan. In 1950, he was called to the bar from Lincoln’s Inn where he was awarded JD
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
in Law in 1953. Following completing his doctorate, dr. Patel returned to Karachi, West Pakistan
West Pakistan
West Pakistan , common name West-Pakistan , in the period between its establishment on 22 November 1955 to disintegration on December 16, 1971. This period, during which, Pakistan was divided, ended when East-Pakistan was disintegrated and succeeded to become which is now what is known as Bangladesh...
where he began practicing law in West Pakistan High Court.
Judicial career
He was elected secretary of the High Court Bar in 1964 and was raised to the bench of the then West Pakistan High Court in 1967. Justice Patel was elevated to the Supreme Court on 7 January 1976.On March 24, 1981, General Zia ul Haq issued a Provisional Constitutional Order (PCO) and asked the Justices of High Courts and Supreme Court to take oath on it. Justice Patel refused to take oath and resigned. Had Justice Patel not resigned, he would have become the Chief Justice of the Supreme Court. After resignation from the Supreme Court, he devoted the rest of his life to waging a crusade for the rights of the oppressed and downtrodden. In 1990, he became the second Pakistani to be elected a member of the exclusive International Commission of Jurists
International Commission of Jurists
The International Commission of Jurists is an international human rights non-governmental organization. The Commission itself is a standing group of 60 eminent jurists , including members of the senior judiciary in Australia, Canada, and South Africa and the former UN High Commissioner for Human...
(ICJ).
Important Decisions
- Justice Patel was in minority in a split decision of 4-3 that upheld the decision of Lahore High Court that handed down death penalty to former Prime Minister Zulfikar Ali BhuttoZulfikar Ali BhuttoZulfikar Ali Bhutto was 9th Prime Minister of Pakistan from 1973 to 1977, and prior to that, 4th President of Pakistan from 1971 to 1973. Bhutto was the founder of the Pakistan Peoples Party — the largest and most influential political party in Pakistan— and served as its chairman until his...
Publications
- 1989, Military Dictatorship in Pakistan and the role of Judges (in English and Urdu), by Dorab Patel.
- 1964, Testaments of Liberals: Jinnah Papers (in English only), by Dorab Patel