Nasir-ul-Mulk

Last updated

Nasir–ul–Mulk
ناصر الملک
Prime Minister of Pakistan
Caretaker
Assuming office
1 June 2018
President Mamnoon Hussain
Succeeding Shahid Khaqan Abbasi
22nd Chief Justice of Pakistan
In office
6 July 2014 –16 August 2015
Appointed by Mamnoon Hussain
Preceded by Tassaduq Hussain Jillani
Succeeded by Jawwad S. Khawaja
Senior Justice of the Supreme Court of Pakistan
In office
11 December 2013 –5 July 2014
Preceded by Tassaduq Hussain Jillani
Succeeded by Jawwad S. Khawaja
Acting Chief Election Commissioner of Pakistan
In office
30 November 2013 –2 July 2014
President Mamnoon Hussain
Prime Minister Nawaz Sharif
Preceded by Tassaduq Hussain Jillani
Succeeded by Anwar Zaheer Jamali
Justice of the Supreme Court of Pakistan
In office
4 May 2005 –16 August 2015
Nominated by Shaukat Aziz
Appointed by Pervez Musharraf
Chief Justice of the Peshawar High Court
In office
31 May 2004 –3 May 2005
Nominated by Ali Jan Orakzai
Appointed by Pervez Musharraf
Personal details
BornNasir-ul-Mulk
(1950-08-17) 17 August 1950 (age 67)
Swat District, Khyber Pakhtunkhwa, Pakistan
Citizenship Pakistan
NationalityFlag of Pakistan.svg  Pakistan
Relations Shuja-ul-Mulk (brother)
Parents Kamran Khan (father) [1]
Residence Islamabad, Pakistan
Alma mater Peshawar University
(BA, LLB)
Inner Temple, England
(Barrister-at-Law)

Nasir–ul–Mulk (Urdu : ناصر الملک‬‎, Urdu pronunciation:  [klmlʊ rsʊɳ] ; born 17 August 1950), is a Pakistani jurist, and the former professor of law who served as the 22nd Chief Justice of Pakistan and is the nominated caretaker Prime Minister of Pakistan. [2] Nominated as Chief Justice by the Prime Minister Nawaz Sharif, his appointment as CJP was confirmed by President Mamnoon Hussain on 6 July 2014. [3] [4] [5] Earlier, he served as the acting Chief Election Commissioner of Pakistan, from 30 November 2013 to 6 July 2014. [6]

Pakistan federal parliamentary constitutional republic in South Asia

Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the world’s sixth-most populous country with a population exceeding 212,742,631 people. In area, it is the 33rd-largest country, spanning 881,913 square kilometres. Pakistan has a 1,046-kilometre (650-mile) coastline along the Arabian Sea and Gulf of Oman in the south and is bordered by India to the east, Afghanistan to the west, Iran to the southwest, and China in the far northeast. It is separated narrowly from Tajikistan by Afghanistan's Wakhan Corridor in the northwest, and also shares a maritime border with Oman.

Judge official who presides over court proceedings

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.

Chief Justice of Pakistan

The Chief Justice of Pakistan is the head of the court system of Pakistan and the chief judge of the Supreme Court of Pakistan. The Chief Justice is the senior most of 17 Senior Justices of the Supreme Court of Pakistan. From 1947 until 1960, the chief justice and senior justices were known as Federal Judge.

Contents

Prior to be elevated as Senior Justice in 2005, Mulk tenured as the chief justice of Peshawar High Court in 2004. [7] Since joining the supreme court, Mulk has taken textualist approach on human rights and non-discrimination issues. [8]

The Peshawar High Court is the highest judicial institution of Khyber-Pakhtunkhwa. It is located in the provincial capital Peshawar. The Parliament passed a bill extending the jurisdiction of the Supreme Court (SC) and the Peshawar High Court (PHC) to Federally Administered Tribal Areas (FATA), one of a handful of reforms paving the way for a merger of the tribal areas with Khyber Pakhtunkhwa.

Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as: intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.

Human rights in Pakistan Considered bad

The situation of Human Rights in Pakistan is complex as a result of the country's diversity, large population, its status as a developing country and a sovereign Islamic democracy with a mixture of both Islamic and secular law. The Constitution of Pakistan provides for fundamental rights, which include freedom of speech, freedom of thought, freedom of information, freedom of religion, freedom of association, freedom of the press, freedom of assembly and the (conditional) right to bear arms. The Clauses also provide for an independent Supreme Court, separation of executive and judiciary, an independent judiciary, independent Human Rights commission and freedom of movement within the country and abroad. However it is debatable how much these clauses are respected in practice.

On 28 May 2018, he was appointed as interim prime minister ahead of the general elections scheduled in July 2018. [9]

Biography

Education and background

Nasir-ul-Mulk was born in tourist locality Swat, Khyber-Pakhtunkhwa, on 17 August 1950. [10] He hails from a wealthy and politically influential Paracha family in Swat; his father Kamran Khan was a politician who served as Senator in Senate between 1973 and 1977. [10] His younger brother, Shuja-ul-Mulk, also served as Senator between 2003 and 2009. [10] His uncle, Chacha Karim Bux (or Baksh) was a prominent social worker, while his another sibling Rafil-ul-Mulk was a past mayor of Swat. [10]

Khyber Pakhtunkhwa Province in Pakistan

Khyber Pakhtunkhwa, formerly known as North-West Frontier Province, is one of the four administrative provinces of Pakistan, located in the northwestern region of the country along the international border with Afghanistan. It was previously known as the North-West Frontier Province until 2010 when the name was changed to Khyber Pakhtunkhwa by the 18th Amendment to Pakistan's Constitution, and is known colloquially by various other names. Khyber Pakhtunkhwa is the third-largest province of Pakistan by the size of both population and economy, though it is geographically the smallest of four. Within Pakistan, Khyber Pakhtunkhwa shares a border with Punjab, Balochistan, Azad Kashmir, Gilgit-Baltistan, and Islamabad. It is home to 17.9% of Pakistan's total population, with the majority of the province's inhabitants being Pashtuns. The province is the site of the ancient kingdom Gandhara, including the ruins of its capital Pushkalavati near modern-day Charsadda. Originally a stronghold of Buddhism, the history of the region was characterized by frequent invasions under various Empires due to its geographical proximity to the Khyber Pass.

Kamran Khan was a Pakistani politician and businessman who served as a member of Senate of Pakistan between 1973 and 1977.

A politician is a person active in party politics, or a person holding or seeking office in government. Politicians propose, support and create laws or policies that govern the land and, by extension, its people. Broadly speaking, a "politician" can be anyone who seeks to achieve political power in any bureaucratic institution.

After completing high school from Swat, Mulk attended the Jahanzeb College where he attained BA in Fine Arts in 1970. [11] He enrolled in Peshawar University to study law, also the same year. [11] He excelled well in his law studies and, at one point, his university professors noted him as "talented and a bright student". [11]

Jahanzeb College is one of the pioneer institutes of higher education in Swat Valley, Khyber Pakhtunkhwa. It was founded by the ex-ruler of Swat State, in order to provide education to the populace of the region. It is in the Malakand division.

A Bachelor of Arts is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, sciences, or both. Bachelor of Arts programs generally take three to four years depending on the country, institution, and specific specializations, majors, or minors. The word baccalaureus should not be confused with baccalaureatus, which refers to the one- to two-year postgraduate Bachelor of Arts with Honors degree in some countries.

University of Peshawar

The University of Peshawar, is a public research university located in Peshawar, Khyber-Pakhtunkhwa, Pakistan. Its chief engineer was Mirza Mohsin Baig. The university is one of the oldest universities in Pakistan, and is ranked as one of the highest rated universities in the country.

In 1972, he graduated with LLB in law from the Peshawar University. [11] For his high studies, Mulk went to United Kingdom and was called at the Inner Temple in England where he did his LLM and qualified as bar-at-law in 1976. [12]

United Kingdom Country in Europe

The United Kingdom (UK), officially the United Kingdom of Great Britain and Northern Ireland, is a sovereign country located off the north-western coast of the European mainland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands. Northern Ireland is the only part of the United Kingdom that shares a land border with another sovereign state, the Republic of Ireland. Apart from this land border, the United Kingdom is surrounded by the Atlantic Ocean, with the North Sea to the east, the English Channel to the south and the Celtic Sea to the south-west, giving it the 12th-longest coastline in the world. The Irish Sea lies between Great Britain and Ireland. With an area of 242,500 square kilometres (93,600 sq mi), the United Kingdom is the 78th-largest sovereign state in the world. It is also the 22nd-most populous country, with an estimated 66.0 million inhabitants in 2017.

Inner Temple one of the four Inns of Court in London, England

The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns. It is located in the wider Temple area of the capital, near the Royal Courts of Justice, and within the City of London.

England Country in north-west Europe, part of the United Kingdom

England is a country that is part of the United Kingdom. It shares land borders with Wales to the west and Scotland to the north-northwest. The Irish Sea lies west of England and the Celtic Sea lies to the southwest. England is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight.

Academia and professional career

Upon returning to Pakistan, Mulk practiced law at Peshawar High Court, and briefly tenured as professor of law at the Peshawar University while practicing as a legal practitioner at Peshawar. [11] [11] He also lectured courses on civil law as visiting scholar at the Pakistan Administrative Staff College. [3] Mulk was regarded as notable professor of law at the Peshawar University, and his students often remembered him as "a professor who had complete command on his subject and avoided controversies." [13] Mulk was noted his college students as he always came into the classroom well prepared. [13]

Mulk practicised law for over 17 years at the Peshawar High Court where built his reputation for being a competency and positive approach toward the cases he contested. [12] Mulk was elected as Secretary-General of the Peshawar High Court Bar in 1981. [11] He later ascended as president of Peshawar High Court Bar in two separate occasions, first electing in 1990 and again in 1993. [12] From 1993–94, Mulk was appointed as an advocate general of provincial government of Khyber–Pakhtunkhwa, assisting in legal matters and affairs. [3]

Judicial career (1994–2014)

After meeting qualifications for being a judge, Mulk was ascended as judge at the Peshawar High Court on 6 June 1994—a post he retained until 2004. [11] Recommendations approved by Governor of Khyber-Pakhtunkhwa, Mulk was appointed as Chief Justice of Peshawar High Court on 31 July 2004, and moved to Supreme Court of Pakistan in 2005. [12] [14]

Important cases

Justice Mulk presided and heard the Mukhtār Mā'ī case—the controversial and highly publicized case regarded a gang rape that occurred in 2002. [15] Mulk's judgement held Jirga , facilitated by four male, responsible for the rape while assisted the main accused but didn’t find sufficient evidence to stamp the charge of gang-rape on the accused. [15] He reportedly penned his judgement that "Jirgas cannot be allowed to arbitrarily punish in the form of watta satta marriages and gang-rape to settle disputes without being answerable to the law. [15]

On 2 November 2007, Barrister Aitzaz Ahsan submitted an application to the Supreme Court asking that the government be restrained from imposing martial law in Pakistan. [16] Reviewing the application, a seven-panel bench in Supreme Court of Pakistan issued an injunction against the imposition of state emergency on 3 November 2007. [16]

The bench penal was headed by Chief Justice Iftikhar Mohammad Chaudhry. [16] Others included Senior Justices Nasir-ul-Mulk; Fayyaz Ahmad; Bhagwandas; Javaid Iqbal; Shakirullah Jan; Ghulam Rabbani. [16] The injunction was overruled by President Pervez Musharraf and upheld the state emergency imposed on 2 November 2007. [16] He refused to take an oath under PCO 2007 and was ultimately terminated from the Supreme Court. [12] A strong, publicly instigated lawyer's movement which enjoyed support from PML(N) forced President Musharraf to resign in a threat to face impeachment. [13] Mulk was reinstated at the Supreme Court when he took a fresh oath as a judge of the Supreme Court with his seniority intact. [13]

Chief Justice of Pakistan (6 July 2014 – 16 August 2015)

He was appointed as Chief Justice on 6 July 2014. [3] [4] [5]

Earlier, he was served as the acting Chief Election Commissioner of Pakistan, from 30 November 2013 to 6 July 2014. [6] His oath was presided by President Mamnoon Hussain in a state ceremony held in President's office in Islamabad. [17] The outgoing Chief Justice Tassaduq Hussain Jillani had laid down the judicial robes of his office on and handed over to Chief Justice Mulk. [13]

Mulk is described by his fellow judges as "a very proactive judge and is very strict about the implementation of law in its letter and spirit." [12] Mulk is also known for his strictness towards implementation of law and his judgement reflected a textualist approach on human rights and non-discrimination issues. [12] He retired as Chief Justice of Pakistan on 16 July 2015 and was succeeded by Jawad S Khwaja.

See also

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References

  1. ↑ https://www.dawn.com/news/1410626
  2. ↑ https://www.geo.tv/latest/197121-who-is-caretaker-prime-minister-justice-retd-nasirul-mulk
  3. 1 2 3 4 "Justice Nasir-ul-Mulk takes oath as new chief justice of Pakistan". Dawn . The Herald. 6 July 2014. Retrieved 6 July 2014.
  4. 1 2 "Justice Nasirul Mulk takes oath as 22nd Chief Justice of Pakistan". The Express Tribune . 6 July 2014. Retrieved 6 July 2014.
  5. 1 2 "Nasirul Mulk to take oath as new Pakistan chief justice on Sunday". IANS. news.biharprabha.com. Retrieved 5 July 2014.
  6. 1 2 Staff writer. "Chief Election Commission of Pakistan". Govt. Pakistan. Directorate of Press of the Election Commission of Pakistan. Archived from the original on 8 February 2014. Retrieved 29 December 2013.
  7. ↑ Supreme Court of Pakistan. "Honoable Justice Nasir-ul-Mulk". Govt. Pakistan. Supreme Court of Pakistan Registrar. Retrieved 29 December 2013.
  8. ↑ Taqi, Mohammad (19 January 2012). "NROs: yours, mine and ours". Daily Times, Pakistan. Retrieved 29 December 2013.
  9. ↑ "Former CJP Nasirul Mulk to be caretaker PM". Dawn. 2018-05-28. Retrieved 2018-05-28.
  10. 1 2 3 4 Khaliq, Fazal (5 July 2014). "Justice Nasirul Mulk: New CJ's Swat connection spurs hope, excitement". Express Tribune, F. Khaliq. Express Tribune. Retrieved 17 April 2015.
  11. 1 2 3 4 5 6 7 8 Our correspondent (7 July 2014). "Family, friends hope Justice Nasirul Mulk will uphold rule of law". News International, 2014. News International. Retrieved 16 April 2015.
  12. 1 2 3 4 5 6 7 8 Iqbal, Aamir (7 July 2014). "Nasir-ul-Mulk Takes Oath as Chief Justice of Pakistan". Newsweek Pakistan, Iqbal. Newsweek Pakistan. Retrieved 17 April 2015.
  13. 1 2 3 4 5 Our Staff Reporter (6 July 2014). "Justice Nasirul Mulk sworn in as CJP". The Nation, Reporter. The Nation. Retrieved 17 April 2015.
  14. ↑ Bajwa, Nadeem (6 July 2014). "Justice Nasirul Mulk becomes new CJ of Supreme Court of Pakistan". Newsweek Pakistan, Bajwa. Newsweek Pakistan. Retrieved 17 April 2015.
  15. 1 2 3 From the Newspaper Published (4 May 2011). "The injustice of rape". Dawn Newspaper, 2011. Dawn Newspaper. Retrieved 17 April 2015.
  16. 1 2 3 4 5 "Pakistan Supreme Court to rule on Musharraf presidential bid within days". Jurist. 2 November 2007.
  17. ↑ Web desk (6 July 2014). "Justice Nasirul Mulk takes oath as 22nd Chief Justice of Pakistan". Express Tribune, desk. Express Tribune. Retrieved 17 April 2015.
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