Mian Shakirullah Jan
Encyclopedia
Justice Mian Sakirullah Jan is a justice in Supreme Court of Pakistan
and a former Chief Justice of Peshawar High Court
.
He was appointed Additional Advocate General, NWFP in July 1993.
Justice Mian Shakirullah Jan was elevated as Additional Judge of Peshawar High Court on December 13, 1993.
On April 28, 2000 he was appointed as Chief Justice of Peshawar High Court
.
He was elevated to the bench of Supreme Court of Pakistan July 29, 2004.
Justice Mian Shakirullah Jan has been:
1999.
and issued a Provisional Constitutional Order
. A seven member panel of Supreme Court of Pakistan
, headed by Chief Justice of Pakistan Iftikhar Mohammad Chaudhry and consisting of Justice Rana Bhagwandas
, Justice Javed Iqbal
, Justice Mian Shakirullah Jan, Justice Nasir-ul-Mulk
, Justice Raja Muhammad Fayyaz Ahmad
, 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 December 4, 2007, he was declared to be no longer a justice of court and declared to considered as retired with effect from November 3, 2007 without any retirement benefits.
On September 5, 2008 Justice Mian Shakirullah Jan, Tassaduq Hussain Jillani and Syed Jamshed Ali, who were ousted as result of action of November 4, 2007 were reappointed to Supreme Court. The took a fresh oath of Office. The controversial thing about this appointment was that they were given same seniority which they were enjoying on November 2, 2007.
, in a 6-3 spilt 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 Rana Bhagwandas
and Justice Sardar Muhammad Raza Khan
dissented with the majority opinion. Declaring the petition as non-maintainable were Javed Iqbal
, Abdul Hameed Dogar, M. Javed Buttar
, Muhammad Nawaz Abbasi
, Faqir Muhammad Khokhar
, and Falak Sher.
On 2 November 2007 Barrister
Aitzaz Ahsan
submitted an application to the Supreme Court
asking that the Government be restrained from imposing martial law
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.
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...
and a former Chief Justice of Peshawar High Court
Peshawar High Court
The Peshawar High Court is the highest judicial institution of Khyber-Pakhtunkhwa. It is situated at the provincial capital Peshawar.-History:...
.
Early life
Justice Jan was born on 18 August 1947.Education and Training
Mian Shakirullah Jan graduated from Islamia College, Peshawar. He obtained Law degree from the Khyber Law College, Peshawar University 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 December 13, 1993.
On April 28, 2000 he was appointed as Chief Justice of Peshawar High Court
Peshawar High Court
The Peshawar High Court is the highest judicial institution of Khyber-Pakhtunkhwa. It is situated at the provincial capital Peshawar.-History:...
.
He was elevated to the bench of Supreme Court of Pakistan July 29, 2004.
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)
PCO 1999 Oath
Justice Mian Shakirullah Jan, as a sitting judge of Peshawar High Court, took oath on PCOProvisional Constitutional Order
A Provisional Constitutional Order, or PCO, is an extra-constitutional order that suspends either wholly or partially the Constitution of Pakistan...
1999.
Reappointment to Supreme Court
On November 3, 2007 Chief of Amry Staff in Pakistan declared emergency2007 Pakistani state of emergency
A state of emergency was declared by Pakistani President Pervez Musharraf on November 3, 2007, and lasted until December 15, 2007,during which time the constitution of Pakistan was suspended....
and issued a Provisional Constitutional Order
Provisional Constitutional Order
A Provisional Constitutional Order, or PCO, is an extra-constitutional order that suspends either wholly or partially the Constitution of Pakistan...
. A seven member panel of Supreme Court of Pakistan
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...
, headed by Chief Justice of Pakistan Iftikhar Mohammad Chaudhry and consisting of Justice Rana Bhagwandas
Rana Bhagwandas
His Lordship Mr. Justice Retired Rana Bhagwandas , a highly respected name of the Pakistani judiciary was a senior judge and former acting chief justice of the Supreme Court of Pakistan...
, Justice Javed Iqbal
Javaid Iqbal
Justice Javed Iqbal is a justice of the Supreme Court of Pakistan and a former Chief Justice of High Court of Balochistan.-Education:Justice Iqbal have done Masters in Arts in Political Science in 1969 and LL.B from Punjab University in 1968; Master of International Law...
, Justice Mian Shakirullah Jan, Justice Nasir-ul-Mulk
Nasir-ul-Mulk
Justice Nasir- ul-Mulk is a justice of Supreme Court of Pakistan and a former Chief Justice of Peshawar High Court.-Early life:Nasir ul Mulk was born on August 17, 1950 in Swat, Khyber-Pakhtunkhwa .-Edcuation and Training:...
, Justice Raja Muhammad Fayyaz Ahmad
Raja Muhammad Fayyaz Ahmad
Justice Raja Muhammad Fayyaz Ahmad is a judge in Supreme Court of Pakistan and is a former Chief Justice of High Court of Balochistan.-Early life:...
, and Justice Ghulam Rabbani
Ghulam Rabbani
Ghulam Rabbani may refer to:* Abdul Al-Rahim Ghulam Rabbani, Pakistani citizen held by the US military at the Guantanamo camps in Cuba* Mohammed Ahmad Ghulam Rabbani, Pakistani citizen held by the US military at the Guantanamo camps in Cuba...
, 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 December 4, 2007, he was declared to be no longer a justice of court and declared to considered as retired with effect from November 3, 2007 without any retirement benefits.
On September 5, 2008 Justice Mian Shakirullah Jan, Tassaduq Hussain Jillani and Syed Jamshed Ali, who were ousted as result of action of November 4, 2007 were reappointed to Supreme Court. The took a fresh oath of Office. The controversial thing about this appointment was that they were given same seniority which they were enjoying on November 2, 2007.
Important Cases
On September 28, 2007, a nine member bench of Supreme Court of PakistanSupreme 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...
, in a 6-3 spilt 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 Rana Bhagwandas
Rana Bhagwandas
His Lordship Mr. Justice Retired Rana Bhagwandas , a highly respected name of the Pakistani judiciary was a senior judge and former acting chief justice of the Supreme Court of Pakistan...
and Justice Sardar Muhammad Raza Khan
Sardar Muhammad Raza Khan
Justice Sardar Muhammad Raza Khan is a justice in Supreme Court of Pakistan and a former Chief Justice of Peshawar High Court. He was born in village Namli Maira District Abbottabad on the February 10, 1945.-Education and training:...
dissented with the majority opinion. Declaring the petition as non-maintainable were Javed Iqbal
Javaid Iqbal
Justice Javed Iqbal is a justice of the Supreme Court of Pakistan and a former Chief Justice of High Court of Balochistan.-Education:Justice Iqbal have done Masters in Arts in Political Science in 1969 and LL.B from Punjab University in 1968; Master of International Law...
, Abdul Hameed Dogar, M. Javed Buttar
Muhammad Javed Buttar
Muhammad Javed Buttar is a former justice of the Supreme Court of Pakistan, currently he is serving as a member of Board of Directors of National Asset Management Company Limited.-Early life:...
, Muhammad Nawaz Abbasi
Muhammad Nawaz Abbasi
Mohammad Nawaz Abbasi is former justice of the Supreme Court of Pakistan and a former justice of Lahore High Court.-Life:Mohammad Nawaz Abbasi was born in Murree on June 7, 1943....
, Faqir Muhammad Khokhar
Faqir Muhammad Khokhar
Faqir Muhammad Khokhar is a former judge of the Supreme Court of Pakistan.-Judicial career:He started off as a lawyer after doing his B.A./L.L.B. He was elevated to the High Court on December 10, 1996, and then to the...
, and Falak Sher.
On 2 November 2007 Barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
Aitzaz Ahsan
Aitzaz Ahsan
Chaudhry Aitzaz Ahsan is a Pakistani lawmaker, barrister, and politician from Pakistan's People's Party who served as President of the Supreme Court Bar Association of Pakistan.-Early life and education:...
submitted an application to the 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...
asking that the Government be restrained from imposing martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
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.