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Old Sunday, January 27, 2013
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Default Judicial activism in pakistan

JUDICIAL ACTIVISM IN PAKISTAN
Outline:
“Despondency and uncertainty were dominating the facet of the rule of law in Pakistan and then in a sudden a man rose like e phoenix from the ashes and struggled for the restoration of rule of law and opened a new era of justice for all “
INTRODUCTION
 Judiciary, 3rd pillar of the state
 What is Judicial activism?
 Present proactive role of judiciary in Pakistan
ORIGIN OF JUDICIAL ACTIVISM
 Marbury v/s Medison case
LEADING CAUSES OF JUDICIAL ACTIVISM
 Ineffective role of executive
 Ineffective role of legislature
 Violation of human rights
JUDICIARY IN PAKISTAN
 Constitutional provisions for the formation of apex court (Articles 176-191)
 High courts of provinces
ROLE OF JUDICIARY IN PAKISTAN
 Before 2005 (Confused era for judiciary)
 Eminent cases ( Maulvi Tameezud din case , Dosso case, Asma Jilani Case, Nusrat Bhutto case, Zafar shah case etc)
 After 2005 (Beginning of new era)
JUDICIAL ACTIVISM IN PAKISTAN
 Emergence of judiciary in 1980’s
 One man’s movement to restore rule of law
 Suspension of chief justice and movement for his restoration
 Public support for the judiciary
 Role of media in Movement
LEGAL STATUS OF JUDICIAL ACTIVISM
 Suo Moto Actions u.s 184(3)
 Power of judicial review
 Custodian of constitution is apex court
 Guardian of the fundamental rights of the people
 Precedents from the globe
IMPACTS OF JUDICIAL ACTIVISM
 Enhancement of public’s trust on judiciary
 Striking down of NRO
 Accountability ( Hajj Scam, NICL scandal. Rental power case etc)
 No one is above law ( e.g Departure of Prime Minister)
 Striking down of contempt of court law
 Dual nationality of parliamentarians
 Historical judgment in Asghar khan case
 Suo Moto actions in numerous cases (e.g Balochistan missing person case)
CONFRONTATION OF JUDICIARY WITH EXECUTIVE ON SOME GROUNDS
ROLE OF IFTIKHAR MUHAMMAD CHAUDRY
THERE ARE LOT MORE THNGS TO DO
 Measures that should be taken for the continuance of changed scenario
 Elimination of corruption from lower courts
 Speedy justice
 Increase in the number of judges
 Fair appointment of judges
 Positive role of judiciary for the strengthening of democracy
CONCLUSION
 “ Courage of one man restored the respect of judiciary , controlled the law and order of state and dealt with many ill of society successfully now there is the only need of the continuity of the system”
__________________
Ya Illahi mehar kr, qehar na kr
Ya Illahi chor day, pakar na kr. Ameen
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