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Old Thursday, February 18, 2010
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Default Details of Al Jihad Trust Case 1996 (PLD 1996 SC 324) required?

Can anyone please post the details?
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Old Thursday, February 18, 2010
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Quote:
Originally Posted by Omer View Post
Can anyone please post the details?
It was really surprising that after consuming 2 hours on internet, I could not find the detailed judgement of the said case on any official website of Pakistan.However, I have requested Barrister Aitzaz Ahsan by way of email to please send me the details of this case (any weblink for detailed judgement).

Hoping he will definitely spare his precious time for this query.

I found the following link a bit relevant to your asked topic. See link

http://friendsofpakistan.net/?tag=is...es-in-pakistan


Some other links which may help you are:

http://www.thenews.com.pk/top_story_detail.asp?Id=26908

http://www.paktribune.com/news/print.php?id=223246

http://pakistan.foreignpolicyblogs.c...al-jihad-case/

http://www.dawn.com/wps/wcm/connect/...f-judges-hs-01

Kind Regards
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Last edited by Andrew Dufresne; Thursday, February 18, 2010 at 07:14 PM. Reason: Merged
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Old Thursday, February 18, 2010
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Default Al Jihad Trust Case 1996 Decision

In al jihad trust case the principal of seniority was made necessary to be considered and appiontment of the judges of superior judiciary.
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Old Thursday, February 18, 2010
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According to the information i got on the web, it can be summerised as:

Al Jihad Trust case 1996 signifies the appointment of judges to the superior Courts. To minimize the role of the executive, the words ‘after consultation with the Chief Justice’ in Articles 177 (1), 193 (1) and 203-C (4) of the Constitution have been interpreted by the Supreme Court in Al-Jihad Trust vs Federation of Pakistan, PLD 1996 SC 324 by giving primacy to the advice of the Chief Justice.

It was held that the ‘consultation’ should be ‘effective, meaningful, purposive, consensus-oriented, leaving no room for complaint or arbitrariness or unfair play’. It was further held that the consultative process is mandatory and without it no appointments can be made.
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Old Thursday, February 18, 2010
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It is advisable that v shud ask sir Mian Khuda Bakhsh for the available sources.
Im also trying to find out some thing beneficial but i end up wasting my beneficial time!
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Old Sunday, February 21, 2010
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Can anyone please mention the requested information?

Thanks
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Old Sunday, February 21, 2010
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aoa the only details i could found:

brief facts:
few judges,somehow acquired liscense for elligibility of HC judge,but they did not meet the requirent of 10 year practice.now when these judges were appointed as HC judges the issue arises as to the seniority of judges...
judgement:
a- appointments of judges to be made consultation w/ the CJ,n tht this consultation should e meaningful and consensus oriented.
b- n that there must be a very sound reason for not considering CJ's recommendation
c- the rule of seniority was held to be ONE OF THE guiding principles
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Last edited by Andrew Dufresne; Sunday, February 21, 2010 at 08:49 PM.
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