Mian Saqib Nisar

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Mian Saqib Nisar
25th Chief Justice of Pakistan
Assumed office
31 December 2016
Nominated by Nawaz Sharif
Appointed by Mamnoon Hussain
Preceded by Anwar Zaheer Jamali
Justice of the Supreme Court of Pakistan
Assumed office
18 February 2010
Nominated by Yousaf Raza Gillani
Appointed by Asif Zardari
Justice of the Lahore High Court
In office
22 May 1998 – 17 February 2010
Law Secretary of Pakistan
In office
29 March 1997 – 12 October 1999
Advocate-on-Record of the Supreme Court
In office
22 May 1994 – 21 May 1998
Secretary General of Lahore High Court Bar Association
In office
1991–1992
Personal details
Born Mian Saqib Nisar
(1954-01-18) 18 January 1954 (age 64)
Lahore, Punjab, Pakistan
Citizenship Pakistani
Nationality  Pakistan
Alma mater Government College University
Punjab University
Occupation Chief Justice
Profession Advocate
Salary 11,00,000 PKR in addition to free unlimited electricity, water and other perks worth more than two hundred thousand PKR per month

Mian Saqib Nisar - (Urdu: میاں ثاقب نثار‎, born 18 January 1954), is the 25th and current Chief Justice of Pakistan, in office since 31 December 2016.He is a PCO beneficiary. [1] In addition, Justice Nisar also remains a visiting professor of law at the Punjab University where he provides instructions on constitutional law.[2] Ascended as the Justice of the Supreme Court on 18 February 2010, he was elevated as chief justice when Justice Anwar Zaheer Jamali reached his constitutionally set retiring age. In legal circles, Justice Nisar has been described of taking a textualist-conservative philosophical approach in his jurisprudence of cases of importance.[3][4]

Early life and education[edit]

Saqib Nisar's father was Mian Nisar, an advocate belonged to a Arain family of Lahore.[5] He was educated at the Cathedral High School in Lahore where he matriculated and enrolled at Government College University (GCU) where he graduated with a B.A. degree in 1977.[6] He later went to attend the Punjab University where he secured LLB in civil law in 1980.[7]

While being an undergraduate student at the GCU Lahore, he was selected to be a member of the international delegation representing Pakistan in International Youth Conference held in Tripoli in Libya in 1973.[8]

Career[edit]

Early career[edit]

Soon after his graduation with a law degree, Nisar enrolled as an advocate and began private practice of law at the District Court in 1980. In 1982, he was called to the bar at the Punjab Bar Council and was enrolled as an advocate of the Lahore High Court.[9] He practiced law as an advocate for a decade until he was invited and called by the Supreme Court Bar Association, subsequently relocating in Islamabad.[10] In 1991, he was elected as a Secretary-General of the Lahore High Court.[11]

In 1992, he secured his fellowship at the Supreme Court Bar Association and elevated as an Advocate Supreme Court which he remained until 1998.[12]

On 29 March 1997, he was appointed as Law Secretary at the Ministry of Justice and Law (MoJL)– a chief bureaucratic position inside the law and justice ministry.[2] His appointment as the Law Secretary of Pakistan was nominated and confirmed by Prime Minister Nawaz Sharif immediately after being elected in general elections held in 1997.[12] His appointment as a law secretary was noted as the first time in the history of the country that some one from the Bar had been appointed to such post.[13]

On 22 May 1998, he was elevated as judge at the Lahore High Court after a nomination summary sent by Prime Minister Sharif, only to be confirmed as judge of Lahore High Court by then-President Rafiq Tarrar.[13] As a judge in Lahore High Court, he heard and passed judgements on many important cases involving the resolution of disputes on the civil matters, commercial banking disputes, and tax evasions/avoidances.[13]

In 2000, Nisar was among one of many judges at the Lahore High Court who took the oath under the new provisional constitutional order and was continue to allow hearing cases at the Lahore High Court.[14]

Supreme Court Justice[edit]

On 13 February 2010, his nomination to be elevated as the justice of the Supreme Court was initially rejected by the then-President Asif Ali Zardari in spite of recommendation made by Chief Justice Iftikhar Muhammad Chaudhry.[15] President Zardari instead elevated Justice K.M. Sharif that ultimately supersedes senior-most Justice Nisar for the promotion, appointing the latter as acting Chief Justice of Lahore High Court.[15]

Upon hearing these developments, Chief Justice Chaudhry suspended the appointment order and marked such actions as "unconstitutional", using his constitutional powers granted by the Judicial Commission.[16]

On 19 February 2010, Justice Nisar, alongside with A.S. Khosa, were sworn as justices of the Supreme Court in a simple ceremony.[17]

Notable cases[edit]

He was a member of the Supreme Court bench which heard the case against 21st Constitutional Amendment, the amendment which authorized the establishment of military courts to hear terrorism cases after the incident which killed 141 people including 132 children in a school in Peshawar on 16 December 2014.[18]

He also heard the case where Pakistan Railways's land worth Rs10 billion was allotted to Royal Palm Golf Club by Musharraf government which federal government of Nawaz Sharif wanted back in 2014.[19]

He headed the bench which heard the case of Jehangir Khan Tareen and Imran Khan.

Judicial activism and nexus with military[edit]

Justice Nisar has been criticized by some notable academics, journalists and politicians for his judicial activism and over-involvement in day to day affairs of the government.[20][21] He is accused of being in alliance with Pakistan's military establishment against Pakistan Muslim League (N), Nawaz Sharif and his government which was ousted in July 2017.[22][23]

He also ordered removal of security [24]from all non government people, even who are under threat of terrorists including TTP, LeJ, etc. Though Election Commission of Pakistan ordered to provide security due to all candidates contesting in General Elections 2018. In the sequence of events however, a leader of ANP, Mr Bilour was killed by suicide bomber on July 10, 2018 in Peshawar[25]during election campaign. Father of Mr. Bilour was killed in 2012 via similar attack by TTP. Another candidate [26] Raisani and 127 others were killed on July 13, 2018 due to lack of security provided by government / establishment.

Academia[edit]

Justice Nisar is known for his educational interests in legal education, and is currently tenuring as visiting professor of law at the Law College of the Punjab University where he provides instructions on the constitutional law and civil law procedure.[27] Justice Nisar attended and represented Pakistan in the international conference on "India and Pakistan at Fifty" held in Wilton Park in United Kingdom; he also led judicial delegations on conferences held in The Philippines and Switzerland.[28]

In 2009, Justice Nisar authored a paper on Islam and democracy and presented the paper to the Norwegian Academy of Science and Letters in Oslo, Norway, and offered discussion on the "Role of the Courts in Islamic Democratic Society."[28]

References[edit]

  1. ^ "Justice Mian Saqib Nisar". Dawn. 2 July 2012. Archived from the original on 22 December 2015. Retrieved 11 December 2015. 
  2. ^ a b "Hon'ble Chief Justice of Pakistan". www.supremecourt.gov.pk. Supreme Court of Pakistan Press. Archived from the original on 1 February 2017. Retrieved 28 February 2017. 
  3. ^ Web desk, staff writers (30 December 2016). "Justice Mian Saqib Nisar to take oath as new CJP tomorrow" (jtml). pakistantoday,com. Islamanad: Pakistan Today, Islamabad. Pakistan Today. Archived from the original on 28 February 2017. Retrieved 28 February 2017. 
  4. ^ "Four LHC judges take fresh oath". Dawn. 
  5. ^ From the Newspapers, Staff reporters (10 September 2011). "Saqib Nisar`s father laid to rest". DAWN.COM. Dawn Newspapers, 2011. Dawn Newspapers. Archived from the original on 28 February 2017. Retrieved 28 February 2017. 
  6. ^ WebDesk Samaa (31 December 2016). "Profile – Justice Mian Saqib Nisar | SAMAA TV". Samaa TV. Samma TV 2016. Samma TV. Archived from the original on 1 March 2017. Retrieved 1 March 2017. 
  7. ^ ARY News, Staff (7 December 2016). "Justice Saqib Nisar named next CJP". www.arynews.tv. ARY News. Archived from the original on 28 February 2017. Retrieved 28 February 2017. 
  8. ^ Law Clerks, et.al. "Lahore High Court, Lahore". sys.lhc.gov.pk. Lahore High Court Press. Archived from the original on 2015-03-17. 
  9. ^ News Desk, et.al. (7 December 2016). "Justice Saqib Nisar appointed as next Chief Justice of Pakistan". www.geo.tv. Geo News, 2016. Geo News. Archived from the original on 7 March 2017. Retrieved 6 March 2017. 
  10. ^ Idrees, Mohammad (31 December 2016). "Justice Saqib Nisar sworn in as 25th Chief Justice of Pakistan". Daily Pakistan Global. Daily Pakistan, 2016. Daily Pakistan. Archived from the original on 7 March 2017. Retrieved 6 March 2017. 
  11. ^ News Desk, et.al. (31 December 2016). "Justice Saqib Nisar to replace Chief Justice Jamali on Dec 31". Aaj News. Aaj News, 2016. Aaj News. Archived from the original on 7 March 2017. Retrieved 6 March 2017. 
  12. ^ a b News Desk, Geo News Anchors (31 December 2016). "Justice Saqib Nisar sworn in as 25th Chief Justice of Pakistan". www.geo.tv. Geo News, News Desk anchors. Geo News. Archived from the original on 7 March 2017. Retrieved 6 March 2017. 
  13. ^ a b c Web Desk, et.al. (7 December 2016). "Justice Mian Saqib Nisar appointed new CJP". Pakistantoday.com. Pakistan Today, 2016. Pakistan Today. Archived from the original on 7 March 2017. Retrieved 6 March 2017. 
  14. ^ Sattar, Babar (6 September 2008). "Cherry picking again". www.thenews.com.pk. Islamabad: News International, 2008. News International. Archived from the original on 14 March 2017. Retrieved 13 March 2017. 
  15. ^ a b etl.al, staff reporters (13 February 2010). "President rejects CJ recommendations: LHC CJ Khawaja Sharif elevated to SC. - Free Online Library". www.thefreelibrary.com. Balochistan Times, 2010. Balochistan Times. Retrieved 13 March 2017. 
  16. ^ et.al, staff reporters (14 February 2010). "President overrides CJ's recommendation on judges' elevation; SC suspends Zardari's orders". www.thenews.com.pk. News International, 2010. News International. Archived from the original on 14 March 2017. Retrieved 13 March 2017. 
  17. ^ et.al., Staff reporters (19 February 2010). "Three SC, 9 SHC judges sworn in". The Nation. The Nation, et.al, 2010. The Nation. Archived from the original on 14 March 2017. Retrieved 13 March 2017. 
  18. ^ "Terrorism cases: Unfair to blame judges over delay in prosecution, says SC". The Express Tribune. 22 May 2015. Archived from the original on 22 December 2015. Retrieved 11 December 2015. 
  19. ^ "Rs10b loss: SC asked to declare 141 acres PR land lease to golf club invalid". Customs Today. 4 December 2014. Archived from the original on 22 December 2015. Retrieved 11 December 2015. 
  20. ^ Hanif, Mohammed. "Judicial activism is hurting governance in Pakistan". www.khaleejtimes.com. Retrieved 2018-04-20. 
  21. ^ Masood, Salman (2018-02-11). "Court Takes an Activist Role in Pakistan. Not Everyone Sees It as Just". The New York Times. ISSN 0362-4331. Retrieved 2018-04-20. 
  22. ^ "Political parties unite against 'military-judiciary alliance'". Retrieved 2018-04-20. 
  23. ^ "Pakistan: General Elections Subverted By Army-Judiciary Nexus – Analysis". eurasiareview.com. 6 July 2018. Retrieved 6 July 2018. 
  24. ^ Chaudhry, Munawer Azeem | Asif (2018-04-22). "Over 12,600 police guards withdrawn across the country on CJP order". DAWN.COM. Retrieved 2018-07-12. 
  25. ^ "Pakistan: 20 Killed in Taliban Attack on Election Rally". Democracy Now!. Retrieved 2018-07-12. 
  26. ^ Shah, AFP | Syed Ali (2018-07-13). "Mastung bombing: 128 dead, over 200 injured in deadliest attack since APS, IS claims responsibility". DAWN.COM. Retrieved 2018-07-13. 
  27. ^ Dawn.com, et.al (31 December 2016). "Justice Saqib Nisar takes oath as 25th chief justice of Pakistan". DAWN.COM. Dawn.com,2016. Dawn Newspaper. Archived from the original on 5 April 2017. Retrieved 4 April 2017. 
  28. ^ a b "Justice Mian Saqib takes oath as new CJP". Archived from the original on 6 April 2017. Retrieved 4 April 2017. 

External links[edit]