1997 Storming of the Supreme Court of Pakistan

Last updated

On November 28, 1997, the Supreme Court of Pakistan was stormed by supporters of then Prime Minister Nawaz Sharif, who intended to disrupt a contempt of court hearing against him. [1] [2] [3]

The assailants, largely from the youth wing of the Pakistan Muslim League (N) and allegedly led by some of Sharif's legislative allies, caused the hearing to be adjourned. [4]

In reaction to this incident, the then Chief Justice of Pakistan, Syed Sajjad Ali Shah, requested military support to secure the judiciary, emphasizing the seriousness of the situation. [4] The confrontation was part of a larger feud between Shah and Sharif, particularly concerning judicial appointments and Shah’s annulment of a constitutional amendment that had previously barred lawmakers from defying party directives. [4]

Background

The tension between Syed Sajjad Ali Shah and Nawaz Sharif had been intensifying since Sharif's reinstatement in February 1997. [5] The situation worsened in August when Shah suggested promoting five judges to the Supreme Court, a proposition resisted by Sharif who disapproved of two nominees. [5] In a countermove, Sharif tried to reduce the number of Supreme Court judges through an ordinance, which he later retracted following opposition from the Supreme Court Bar Association of Pakistan. [5] In retaliation, Shah initiated corruption proceedings against Sharif and filed contempt charges for his criticisms of the suspension of the anti-defection law, setting the stage for an unprecedented trial of a sitting prime minister. [5]

The friction between the judiciary and the executive culminated in December when Shah attempted to reinforce judicial authority by overturning the 13th Amendment and holding Sharif in contempt. [5] The action met opposition from a rival faction within the judiciary, leading to a deadlock in the Supreme Court. [5]

Amidst this turmoil, conflicting rulings from different benches exacerbated the crisis. Despite substantial opposition, Shah pushed forward with Sharif's trial, which ultimately led to a violent takeover of the Supreme Court by Sharif's supporters. [5]

Related Research Articles

<span class="mw-page-title-main">Nawaz Sharif</span> Former Pakistani Prime Minister (born 1949)

Mian Muhammad Nawaz Sharif is a Pakistani businessman and politician who served as the Prime Minister of Pakistan for three non-consecutive terms. He is the longest-serving prime minister of Pakistan, having served a total of more than 9 years across three tenures. Each term has ended in his ousting.

<span class="mw-page-title-main">Pakistan Muslim League (N)</span> Conservative political party in Pakistan

The Pakistan Muslim League (Nawaz) (Urdu: پاکستان مسلم لیگ (ن), abbr.PML(N) or PML-N) is a centre-right, conservative liberal political party in Pakistan. It is currently the third-largest party in the Senate. The party was founded in 1993, when a number of prominent conservative politicians in the country joined hands after the dissolution of Islamic Democratic Alliance, under the leadership of former Prime Minister Nawaz Sharif. The party's platform is generally conservative, which involves supporting free markets, deregulation, lower taxes and private ownership. Although the party historically supported social conservatism, in recent years, the party's political ideology and platform has become more liberal on social and cultural issues; however, members have been accused of using Islamist populist rhetoric. Alongside the Pakistan Tehreek-e-Insaf (PTI) and Pakistan People's Party (PPP), it is one of the three major political parties of the country.

<span class="mw-page-title-main">Farooq Leghari</span> 8th president of Pakistan from 1993 to 1997

Farooq Ahmad Khan Leghari, was a Pakistani politician who served as the eighth president of Pakistan from 14 November 1993 until resigning on 2 December 1997. He was the first Baloch to be elected as President.

<span class="mw-page-title-main">Muhammad Rafiq Tarar</span> President of Pakistan from 1998 to 2001

Muhammad Rafiq Tarar was a Pakistani politician and jurist who served as the ninth president of Pakistan from January 1998 until his resignation in June 2001, and prior to that as a senator from Punjab in 1997. Before entering politics, Tarar served as senior justice of the Supreme Court of Pakistan from 1992 to 1994 and as the 28th Chief Justice of Lahore High Court from 1989 to 1991.

The Thirteenth Amendment to the Constitution of Pakistan was a short-lived amendment to the Constitution of Pakistan, adopted by the Parliament of Pakistan in 1997 by the civilian government of Prime Minister Nawaz Sharif. It stripped the President of Pakistan of his reserve power to dissolve the National Assembly, and thereby triggering new elections and dismissing the Prime Minister. The Constitutional Amendment was supported by both the government and the opposition, and was thus passed unanimously. With the enforcing of this amendment, Pakistan's system of government was shifted from Semi-presidential system to Parliamentary democratic republic system.

<span class="mw-page-title-main">Syed Sajjad Ali Shah</span> Pakistani jurist

Syed Sajjad Ali Shah was a Pakistani judge who served as the 13th Chief Justice of Pakistan from 4 June 1994 to 2 December 1997. He had been appointed as Chief Justice of the Supreme Court by Benazir Bhutto. Prior to that, he served as the 6th Chief Justice of Sindh High Court from 13 December 1989 to 4 November 1990.

<span class="mw-page-title-main">Supreme Court of Pakistan</span> Highest authority court of Pakistan

The Supreme Court of Pakistan is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan.

<span class="mw-page-title-main">1999 Pakistani coup d'état</span> 1999 military takeover of government in Pakistan

The 1999 military takeover in Pakistan was a bloodless coup d'état initiated by the military staff at the Joint Staff HQ working under the Chairman of the Joint Chiefs of Staff Committee and Chief of Army Staff General Pervez Musharraf. The instigators seized control of the civilian government of the popularly elected Prime Minister Nawaz Sharif on 12 October 1999. On 14 October, General Musharraf, acting as the country's Chief Executive, issued a controversial provisional order that suspended the Constitution of Pakistan.

<span class="mw-page-title-main">Suspension of Iftikhar Muhammad Chaudhry</span> Suspension of the Chief Justice of Pakistan by the President

Chief Justice of Pakistan Iftikhar Muhammad Chaudhry was made a "non-functional Chief Justice" on 9 March 2007. In so acting, President Pervez Musharraf invoked two main clauses of the Constitution of Pakistan. The suspension evoked a nationwide popular mass protest movement led by lawyers, known as the Lawyers' Movement and eventually culminated with the Pakistan Long March.

<span class="mw-page-title-main">Athar Minallah</span> Pakistani judge (born 1961)

Athar Minallah is a Pakistani lawyer, and jurist who is serving as a judge of Supreme Court of Pakistan since 11 November 2022. Before his appointment to the Supreme Court of Pakistan, he was a judge of the Islamabad High Court for 8 years, and also served as its 5th Chief Justice from 28 November 2018 to 10 November 2022.

The following lists events that happened during 1996 in Pakistan.

<span class="mw-page-title-main">Bilal Khan (judge)</span>

Muhammad Bilal Khan was a Justice in the Lahore High Court in Pakistan.

Mehram Ali v. Federation Pakistan is considered to be an important judgment of Supreme Court of Pakistan and marked the importance of the independence of a judiciary, particularly in reference to the Article 175 of the Constitution of Pakistan.

On 6 October 1998, Prime Minister of Pakistan Nawaz Sharif relieved General Jehangir Karamat who was simultaneously serving as CJCSC and COAS from the command of the Pakistan Armed Forces for making public statements regarding and contradicting the policies of public administration. In public and political science circles, General Karamat had popular support and occupied a prestigious image in the country for his role to promote a democratic process in the country. His dismissal remains a controversial topic in the field of civil-military relations and the move remains still questionable at the political science circles of Pakistan.

<span class="mw-page-title-main">History of the Supreme Court of Pakistan</span>

The History of the Supreme Court of Pakistan, organised by the Chief Justice of Pakistan, follows from its constitutional establishment in 1947 till its recent events. The Supreme Court of Pakistan is the highest appellate court of the country and court of last resort— the final arbiter of the law and the Constitution.

<span class="mw-page-title-main">Saqib Nisar</span> Pakistani judge (born 1954)

Mian Saqib Nisar is a Pakistani jurist who served as the 25th Chief Justice of Pakistan from 31 December 2016 till 17 January 2019. He has previously served as the Law Secretary. He also served as a visiting professor of law at the University of the Punjab, where he provided instructions on constitutional law.

<span class="mw-page-title-main">Panama Papers case</span> 2017 Pakistan Supreme Court case

The Panama Papers case, or the Panamagate case, was a 2017 landmark decision by the Supreme Court of Pakistan that disqualified Nawaz Sharif, the prime minister of Pakistan, from holding public office for life.

Umar Ata Bandial is a Pakistani jurist who served as the 28th Chief Justice of Pakistan from February 2022 to September 2023. He was appointed as the Chief Justice after the approval by President Arif Alvi on 13 January 2022, after which he assumed his office on 2 February 2022 and retired on 16 September 2023.

Sayyed Muhammad Mazahar Ali Akbar Naqvi is a removed Justice of the Supreme Court of Pakistan, he assumed office on 16 March 2020 and was removed as a Judge on 10 January 2024. Naqvi previously served as a Judge of the Lahore High Court before his out of turn elevation to the Supreme Court.

<span class="mw-page-title-main">No-confidence motion against Imran Khan</span> 2022 removal of Pakistani prime minister

In April 2022, a no-confidence motion against Imran Khan led to his removal as the prime minister of Pakistan. Based largely on the Westminster system of legislature, the prime minister commands confidence of the majority of the lower house of Parliament, the National Assembly of Pakistan, under clause (2A) of Article 91 of the Constitution. Numerous opposition parties joined forces to file the motion of no confidence against Imran Khan in the National Assembly. It ultimately led to the removal of Khan from office as a majority passed the motion in the Lower House.

References

  1. "November 28,1997: Unruly mob storms top Pakistan court". gulfnews.com. November 27, 2017.
  2. Lau, Martin (January 1, 1997). "Pakistan". Yearbook of Islamic and Middle Eastern Law Online. 4 (1): 444–454. doi:10.1163/221129898X00305 (inactive 2024-06-29) via brill.com.{{cite journal}}: CS1 maint: DOI inactive as of June 2024 (link)
  3. Bonner, Raymond (November 29, 1997). "Protest Disrupts Contempt Case Against Pakistan Premier". The New York Times via NYTimes.com.
  4. 1 2 3 Archives, L. A. Times (November 29, 1997). "Pakistan Premier's Backers Storm Court". Los Angeles Times.
  5. 1 2 3 4 5 6 7 "Pak PM Nawaz Sharif pulls off democratic coup in his battle with the President and CJ". India Today. December 15, 1997.