Tassaduq Hussain Jillani

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The Honourable[1]
Tassadduq Hussain Jillani
تصدق حسین جیلانی
Chief Justice of Pakistan
Incumbent
Assumed office
December 12, 2013
Nominated by Prime Minister Nawaz Sharif
Appointed by President Mamnoon Hussain
Preceded by Chief Justice Iftikhar Chaudhry
Acting Chief Election Commissioner of Pakistan
In office
17 August 2013 – 30 November 2013
Preceded by Fakhruddin Ebrahim
Succeeded by Senior Justice Nasir-ul-Mulk
Senior Justice of the Supreme Court of Pakistan
In office
31 July 2004 – 11 December 2013
Nominated by Prime Minister Shaukat Aziz
Appointed by President Pervez Musharraf
Justice of the Lahore High Court
In office
7 August 1994 – 30 July 2004
Nominated by Prime Minister Benazir Bhutto
Appointed by President Farooq Leghari
Personal details
Born Tassadduq Hussain Jillani
(1949-07-06) July 6, 1949 (age 64)
Multan, Punjab Province, Pakistan
Citizenship  Pakistan
Nationality Pakistan
Alma mater GC College Multan
FC College University
Punjab University
Southern Virginia University
London University
Occupation Jurist
Religion Islam
Notable Award(s) ABA Rule of Law Initiatives (2007)

Chief Justice Tassadduq Hussain Jillani (Urdu:تصدق حسین جیلانی; b. 6 July 1949) DHL, is the 21st Chief Justice of Pakistan and a Jurist. He was nominated as Chief Justice by the Prime minister Nawaz Sharif and his appointed was confirmed by President Mamnoon Hussain on 12 December 2013.

Prior to becoming Chief Justice, he served as the acting Chief Election Commissioner, a post he assumed on 17 August 2013. Following his nomination as Chief Justice, he resigned his post as Election Commissioner. [2] He has widely come to be noted as a "Gentleman Judge" [3] known for his mild mannerism and temperate disposition. His jurisprudence readings have been described as having a "liberal judicial philosophy".[1]

Biography[edit]

Personal life and education[edit]

Tassaduq Hussain Jillani was born in historical Multan, Punjab, on July 6, 1949.[4] His father's name was Muhammad Ramzan Shah Jillani.[1] He is married to Khalida Jillani and together they have three sons and a daughter.[4] Jillani is related to the current Pakistan ambassador to the United States Jalil Jilani and the former Prime minister Gillani who Chief Justice Chaudhry forced to step down last year.[5]

After graduating from high school, Jillani attended the Forman Christian College University where he attained BA and MS in Political science.[6] Also, he gained LLB in law from the Punjab University.[6] On a HEC scholarship, Jillani went to United Kingdom for higher studies in law where he completed and gained LLM in Constitutional law from the Institute of Advanced Legal Studies of the London University.[1]

On 12 October 2007, Jillani received "Doctorate in Humane letters" from Southern Virginia University in a special convocation in 2007.[1]

Legal and judicial career[edit]

After completing his studies, Jilani started practicing law at the level of district courts in Multan in 1974. After two years of initial experience in practicing law, he secured his enrollment as an advocate at the Lahore High Court.[1] In 1976, he was elected as General-Secretary of the Lahore High Court Bar Association in 1976, and elected as member of the Punjab Bar Council in 1978.[1]

Jillani was appointed as Assistant Advocate-General of Punjab in July 1979.[1] After gaining experiences at the Lahore High Court, his enrollment as an advocate at theSupreme Court of Pakistan was approved in 1983.[1] In 1988, he was promoted as an Additional Advocate-General of the Punjab; he was appointed as Advocate-General of Punjab by the Lahore High Court in 1993.[1]

On 7 August 1994, Jillani was elevated as a judge at the Lahore High Court— an appointment personally approved by the Prime Minister Benazir Bhutto.[1] During this time, he heard various criminal and non-criminal cases while building up the reputation as a judge at the Lahore High Court.[1] Finally, his judicial credentials led to appointment to his appointment as judge at the Supreme Court, and secured his nomination papers' by then-Prime Minister Shaukat Aziz in 2004.[1] Jillani's final elevation as judge at the Supreme Court was approved by the former President Pervez Musharraf on 31 July 2004.[7]

State of Emergency in 2007[edit]

Suspension and reinstatement in 2008[edit]

On 7 November 2007, Senior Justice Jillani was one of the senior justices who refused to take an oath, regarding the now-unconstitutional PCO law issued by the former President and chief of army staff General Pervez Musharraf.[8] After General Musharraf issuing orders of declaring state of emergency in 2007, he was among the ~70 senior justices who were forcefully retired and detained from the Supreme Court.[8]

As an aftermath of successful Lawyers' movement which ultimately led the reinstatement of the suspended judiciary on 23 March 2009, Prime Minister Yousaf Gillani announced that President Asif Zardari had issued an executive order that restored the whole judiciary, including the Chief Justice Iftikhar Chaudhry; all of whom had had accepted reappointment.[8]

On July 31, 2009, a 14 panel court held that declaration of emergency and imposition of PCO of 2007 was illegal and invalid.[9] It also held that removal of all justices from higher judiciary was not valid and further held that reappointment of justices had no legal effect as their removal in the first place was not valid.[9] At one occasion while hearing the case related to banking redundancies, Jillani's jurisprudence notably read as it was "for the bank management to decide about the usefulness of the employees"— an unusual ruling in a court known for its populist judgments.[4]

Acting Chief Election Commissioner[edit]

On 17 August 2013, Chief Justice Iftikhar Chaudhry appointed Senior Justice Jillani to act as the Chief Election Commissioner with immediate effect and till the appointment of a new Chief Election Commissioner.[10]

He took over the office upon retirement of the former Senior Justice Fakhruddin Ebrahim who resigned from the office on 30 July 2013.[11] His appointment as chief election commissioner was secured through the by-election clauses of the Constitution.[11]

Chief Justice of Pakistan[edit]

After appointing the joint chiefs of the military, Prime Minister Nawaz Sharif approved the nomination papers of Senior Justice Jillani to be elevated as Chief Justice, upon the constitutional retirement of the Chief Justice Iftikhar Chaudhry which set due on 12 December 2013.[12] Per Prime Minister Sharif's nomination, President Mamnoon Hussain approved the appointment the same day.[12]

Upon approval of his nomination, Senior Justice Jillani immediately resigned as chief election commissioner and passed the office to fellow Senior Justice Nasir-ul-Mulk.[13] On 12 December 2013, President Mamnoon Hussain, alongside chaired with Prime Minister Sharif, administered the oath to JSenior Justice Jillani as the Chief Justice.[14][15]

Immediately after his oath, he took suo motu actions on court administration for allowing only one and specific news channels (Geo Network) to exclusively cover the full-court reference in honour of outgoing chief justice Iftikhar Muhammad Chaudhry.[16] On immediate effect, it was reported that the former chief justice's principal secretary was transferred to human rights cell following the suo motu taken by the incumbent chief justice Tassaduq Hussain Jilani over the media coverage of full court reference.[17]

Other notable works[edit]

World Justice Project[edit]

Tassaduq Hussain Jillani serves as an Honorary Co-Chair for the World Justice Project. The World Justice Project works to lead a global, multidisciplinary effort to strengthen the Rule of Law for the development of communities of opportunity and equity.

In July 2008, when Senior Justice Jillani was invited by the American Bar Association to receive and accept the Rule of Law Award on behalf of those judges of Pakistan who demonstrated courage in upholding the Rule of Law in the country, he penned:

In Pakistan, if one were to distinguish a headline from a trend line in assessing change, the recent events are a pointer to a moral renaissance and augur well for the spiritual health of the nation. Never before has so much been sacrificed by so many for the supremacy of law and justice. The assertion of the judicial conscience, the rise of a vibrant Bar, a vigilant civil society, and the emergence of an independent media would ultimately lead to the establishment of a constitutional democracy, stable political institutions, and an expanded enforcement of the Rule of Law. These to me are the trend lines that I would like to pin my hopes on...

Senior Justice Tassaduq Hussain Jillani, 2008, source[18]

Library and literary enthusiasm[edit]

In Pakistan, Chief Justice Jillani is widely known to be an avid enthusiast of poetry, antiques and classical films.[19] When a biographical documentary on him was aired on news channels, a retired librarian of the Supreme Court building, Muhammad Aslam, quoted that "Justice Jillani managed the affairs of the library and made sure to add thousands of new judicial and non-judicial books to its shelves.[8]

In literary, he also authored and penned a theme song, Justice for All!, sung by various Pakistan's singers at the 50th Anniversary of the Supreme Court of Pakistan. The song has been declared as the Judicial Anthem of Pakistan by former Chief Justice Iftikhar Chaudhry.[1][8]

Selected bibliography and publications[edit]

Honors and Awards[edit]

References[edit]

  1. ^ a b c d e f g h i j k l m n o p Supreme Court registrar. "HONOURABLE MR. JUSTICE TASSADUQ HUSSAIN JILLANI CHIEF JUSTICE OF PAKISTAN". Govt. of Pakistan. Supreme Court of Pakistan Press. Retrieved 25 December 2013. 
  2. ^ Web Desk (November 29, 2013). "Next Chief Justice: Justice Tassaduq Hussain resigns as acting CEC". Express Tribune, November 29, 2013. Retrieved 25 December 2013. 
  3. ^ Web Desk (November 27, 2013). "Nawaz approves Justice Tassaduq Jillani as new Chief Justice". Express Tribune, new chief justice. Retrieved 25 December 2013. 
  4. ^ a b c Shah, Shabir (November 29, 2013). "A few facts about new CJP Jillani". News International 2013. Retrieved 26 December 2013. 
  5. ^ "Chief Justice Chaudhry to pass seat to gentle successor". The Express Tribune. Retrieved November 2013. 
  6. ^ a b News Desk (12 December 2013). "Justice Tassaduq to take oath as CJP today". Dunya News. Retrieved 25 December 2013. 
  7. ^ Staff editor. "The Honorable Tassaduq Hussain Jillani". World Justice Project. Retrieved 25 December 2013. 
  8. ^ a b c d e Khan, Azam (28 November 2013). "Tassaduq Jillani to don chief justice’s robe". Express Tribune, Khan. Retrieved 26 December 2013. 
  9. ^ a b See further details on judicial Provisional Constitutional Order Case vs. the Judicature system of Pakistan
  10. ^ Khan, Iftikhar A. (17 August 2013). "Justice Tassaduq nominated as acting CEC". Dawn newspapers, August 2013. Retrieved 26 December 2013. 
  11. ^ a b Staff report (18 August 2013). "By-elections: SC Judge Tassaduq Hussain named acting CEC". Express Tribune, August 2013. Retrieved 26 December 2013. 
  12. ^ a b Ahmad, Farooq (27 November 2013). "Justice Tassaduq Jilani appointed as new CJ of Pakistan". The News. Retrieved 26 December 2013. 
  13. ^ Staff reporter (November 30, 2013). "Justice Tassaduq Jilani resigns as acting CEC". The Nation, staff. Retrieved 26 December 2013. 
  14. ^ Staff (12 December 2013). "Justice Jillani takes oath as new chief justice". Express Tribune. Retrieved 26 December 2013. 
  15. ^ Associate news agencies (12 December 2013). "Freshly sworn in CJP takes first suo motu". Dawn news, Islamabad. Retrieved 26 December 2013. 
  16. ^ http://tribune.com.pk/story/644551/new-chief-justice-takes-suo-motu-notice-of-selective-coverage/
  17. ^ News Desk (13 December 2013). "Full court reference coverage: Principal secretary transferred". Dunya News coverage. Retrieved 26 December 2013. 
  18. ^ Honorable Justice Tassaduq Hussain Jillani. "The Rule of Law in an Age of Globalized Interdepedence". Work written and authored by Honorabl e M r . Justice Ta ssaduq Hussain Jillani. American Bar Association. Retrieved 26 December 2013. 
  19. ^ Front News Desk (12 December 2013). "Justice Tassaduq Jillani takes oath as new CJP". ARY News. Retrieved 26 December 2013.