Muhammad Aslam (judge)

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Sardar Muhammad Aslam
سردار محمد اسلم
Justice Supreme Court of Pakistan
In office
7 March 2009 – 9 March 2012
Nominated by Asif Ali Zardari
1st 1st Chief Justice Islamabad High Court
In office
7 February 2008 – 6 March 2009
Nominated by Pervez Musharaf
Preceded by NONE
Succeeded by M.Bilal Khan
Associate Justice of Lahore High Court
In office
3 September 2003 – 6 February 2008
Nominated by Pervez Musharaf
Personal details
Born 10 March 1947
British Indian Empire
Nationality Pakistani
Religion Islam

Sardar Muhammad Aslam (Urdu: سردار محمد اسلم‎) is a former Justice of Lahore High Court, jurist and professional lawyer from Pakistan. He also was justice in Supreme Court of Pakistan, a former Chief Justice of Islamabad High Court. However, as result of Constitution Petition No. 09 Of 2009 and Constitution Petition No. 08 Of 2009 in the Supreme Court of Pakistan, on 31 July 2009, the court held his elevation to Supreme Court as unconstitutional, void ab initio and of no legal effect. In addition in the same decision, the institute of Islamabad High Court as held as un-constitutional and of no legal effect.[1]

Education[edit]

Aslam has a Masters in Arts (M.A) and Bachelor of Laws (LL.B.).

Career[edit]

  • Started Practice as Advocate in the year 1973.
  • Enrolled as an Advocate High Court in the year 1976.
  • Enrolled as an Advocate Supreme Court in the year 1982.
  • Appointed as Deputy Attorney General in the year 2001.

Aslam was appointed as Additional Judge of Lahore High Court on 3 September 2003 and confirmed as a judge in 2004.[2] He remained on bench of Lahore High Court till 6 February 2008. He was then made the fist Chief Justice of a newly created Islamabad High Court. He took oath of that office on 7 February 2008 from President of Islamic Republic of Pakistan General Pervez Musharaf. On 7 March 2008, he was appointed to Supreme Court of President of Islamic Republic of Pakistan Asif Ali Zardari. Islamabad High Court proved to be modern and efficient institution for the Islamabad Capital Territory, commonly cherished for its transparency.

On 31 July 2009, the Supreme Court of Pakistan while hearing Constitution Petition No. 09 and 08 Of 2009 held that any appointment made in higher judiciary (Supreme Court or High Courts) between 3 November 2007 up to 22 March 2009 as unconstitutional, void ab initio and of no legal effect. The court held that all such elevation will revert to position of 2 November 2007, subject to their age of superannuation. As the result of the decision, Aslam was deemed to have retired as a judge of Lahore High Court.[1]

In the 31 July 2009 judgement, the court also declared the creation of Islamabad High Court as unconstitutional, and of no legal effect.[1]

Controversies[edit]

PCO Oath[edit]

On 3 November 2007 Chief of Army Staff in Pakistan declared emergency and issued a Provisional Constitutional Order. A seven panel supreme court issued an order that declared the declaration of emergency as illegal and prohibited all judges to take oath on any PCO. Justice Aslam was a sitting judge in Lahore High Court choose to take the oath on PCO on 4 November 2007.[3] Along with him Abdul Shakoor Paracha, Sardar Muhammad Aslam, Sheikh Hakim Ali and Syed Sajjad Hussain Shah also took oath on PCO at the same time. As on 31 March 2009, the PCO has not been given protection by any constitutional amendment. In the past all PCO were at a later point given constitutional protection.

On 31 July 2009 the supreme court of Pakistan held that any oath taken in contravention to the decision of the seven-panel supreme court has not legal effect. Aslam was reverted to this position of 2 November 2007 and since he had reached the age of retirement, was considered to have retired from Lahore High Court.

Reassessment of Farah Dogar papers[edit]

Farah Dogar, daughter of then Chief Justice of Supreme Court of Pakistan, Abdul Hameed Dogar had appeared in an examination. She was not able to secure enough to be eligible to apply to any medical college. The board of examination re-evaluated her papers contrary to its own rules and regulation and she was awarded sufficient additional marks to be eligible for medical college. On 5 December 2008 this act was challenged in Islamabad High Court. On 16 January 2009, Aslam ruled re-assessment of papers as legal.[4] He further in a 14-page order also asked the secretary of the ministry of education, the controlling authority of the Federal Board of Intermediate and Secondary Education, to consider the possibility of bringing an amendment to the board rules to provide a procedure for re-evaluation of paper.[5]

References[edit]

External links[edit]

Legal offices
Preceded by
NO ONE
Chief Justice of Islamabad High Court
7 February 2008 – 6 March 2009
Succeeded by
Muhammad Bilal Khan