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Sheikh Anwarul Haq

Pakistani judge (1917–1995)

Sheikh Anwarul Haq

Pakistani judge (1917–1995)

FieldValue
nameSheikh Anwarul Haq
imageJustice_Anwar_Ul_Haq.jpg
image_size290px
office9th Chief Justice of Pakistan
term_start23 September 1977
term_end25 March 1981
nominatorZulfikar Ali Bhutto
appointerFazal Ilahi Chaudhry
predecessorYaqub Ali
successorMohammad Haleem
office2Acting President of Pakistan
term_start220 April 1978
term_end27 May 1978
predecessor2Fazlul Qadir Chaudhry
(29 November 1963 – 12 June 1965)
successor2Wasim Sajjad(18 July 1993 – 14 November 1993)
office3Senior Justice of the Supreme Court of Pakistan
term_start316 October 1972
term_end323 September 1977
nominator3Zulfikar Ali Bhutto
birth_nameSheikh Anwarul Haq
birth_date
birth_placeJullundur, Punjab, British India
death_date
death_placeLahore, Punjab, Pakistan
alma_materPunjab University
professionJurist
religion
native_name

| honorific-prefix =

| honorific-suffix = (29 November 1963 – 12 June 1965)

Supreme Court of Pakistan

Sheikh Anwarul Haq (Punjabi and ‎; 11 May 1917 – 3 March 1995), was a Pakistani jurist and an academic who served as the 9th Chief Justice of Pakistan from 23 September 1977 until resigning on 25 March 1981. He signed the death warrant for former Prime Minister Zulfikar Ali Bhutto in a controversial murder case. Bhutto was executed on 4 April 1979.

Educated as an economist at the DAV College and the Punjab University in Lahore, he served as a civil servant of the Indian Civil Service as an appointee to lead the municipal governance in the British India in 1944. He continued serving in the civil service after the independence of Pakistan as a result of partition of British India in 1947 and subsequently elevated as a judge in the Sindh High Court in 1957. In 1962, Haq was nominated to serve on the Supreme Court and later appointed as Chief Justice of Lahore High Court in 1970 before his reappointment as a Senior Justice of the Supreme Court of Pakistan in 1971. He 1972, he earned public and international notability when he co-chaired the War Enquiry Commission with Chief Justice Hamoodur Rahman to investigate the economic and military collapse of Pakistan in a war against India in 1971 that led to the separation of East Pakistan as Bangladesh.

Haq was known for his judicial conservative philosophical leanings and is noted in country's political history for providing legality for the martial law upheld by chief of army staff General Zia-ul-Haq to restore law and order, in light of doctrine of necessity, as part of his conservative leanings. He also heard the case of Zulfikar Ali Bhutto as Chief Justice of the Supreme Court of Pakistan and constituted a 7-member (7 supreme court judges) bench to decide on the appeal of the capital sentence by the Lahore High Court for authorizing the death sentence of the ex-Prime Minister of Pakistan.

After the death sentence of Zulfiqar Ali Bhutto, who was convicted of murdering through proxy the father of one of his political opponents, Anwarul Haq took up the case against General Zia-ul-Haq's breaking his promise of holding elections. General Zia-ul-Haq introduced the PCO to legitimise his rule to by-pass the issues presented with this case and asked all the judges to sign an agreement accepting the PCO. Haq refused to take an oath under the imposed PCO, resigning on conscientious grounds. Anwarul Haq mobilised other like minded judges in the Supreme Court and High Courts to reject the proposed PCO by not signing the PCO. He was removed as Chief Justice of the Supreme Court of Pakistan due to his refusal to sign the PCO.

Biography

Early life and public service

Sheikh Anwarul Haq was born in Jullunder, Punjab, British India on 11 May 1917, to a Punjabi family. He earned early education from Jullunder and Wazirabad, passing his matriculation from Jullunder in 1932. He stood first in matriculation that earned him a scholarship to attend the DAV College in 1932. In 1936, he earned BA in Economics and Political science and went on to attend the D.A.V. College, Lahore of Punjab University, where he earned an MA in Economics in 1938. He ranked first in MA in Economics examination at the Punjab University, setting a new record in that subject. He also did his LLB from there.

During his time at the Punjab University, Haq participated in a large number of declamation contests and prize debates and was often judged as the best speaker. From 1936 to 1938, he was an activist of All-India Muslim League and was a student advocate of the assertion of the separate identity of the Muslims of India. He attended the All-India Muslim League meeting in Calcutta in December 1937 as a student delegate.

In 1939, he was selected and joined the Indian Civil Service and went to United Kingdom to be educated in Oxford. Upon returning in 1940, he was appointed Assistant Commissioner at Ferozepur and later appointed as Undersecretary of Punjab and the North-West Frontier from 1942 until 1944. In 1944, he was appointed as Sub Divisional Magistrate at the Dalhousie, India and heard various cases involving the civil lawsuits. During the same time, he was sent to Gurdaspur and was appointed as Deputy Commissioner and later elevated as Session Judge as well as Assistant Commissioner in 1946. For a short brief of time, he served as the deputy commissioner of Hissar (in East Punjab) in 1946, before joining the Cabinet Mission to be served as its Secretary to the Partition Steering Committee for the Punjab in 1947.

After the establishment of Pakistan as a result of partition of British India, Haq opted for Pakistan and was appointed as deputy commissioner of Rawalpindi, Punjab, Pakistan. During this time, he worked towards managing the Indian emigrants settling in Pakistan. From 1948 to 1952, he served in the bureaucracy as deputy commissioner of Montgomery and Sialkot.

In 1952, he joined the Ministry of Defence (MoD) as its deputy secretary until 1954 when he left for the United Kingdom to attend the Imperial Defence College in London. In 1956, he earned the degree and secured his graduation from the Imperial Defence College and subsequently returned to Pakistan. He was appointed as joint secretary in MoD but later moved to Ministry of Law and Justice (MoLJ) to pursue career as federal judge.

Supreme court and chief justice

In 1957, he was elevated as district-session judge in Sindh High Court but later moved to Lahore High Court in Punjab in 1958.

In 1969, he was selected to lead a Legal Expert Delegation to Somalia to provide expertise in overviewing the constitutional crises in Somalia. In 1970, he was elevated as Chief Justice of the Lahore High Court by President Yahya Khan who issued the decree, the LFO No. 1970 that dissolved the status of West Pakistan. He witnessed the war between India and Pakistan which resulted in the liberation of Bangladesh.

On 26 December 1971, he was named as a member of the War Enquiry Commission (WEC) along with Chief Justice Hamoodur Rahman, and the chief justices of the Sindh, Balochistan, and Punjab High Court, formed by the Chief Justice Rahman on the request of then-President Zulfikar Ali Bhutto. On 1 January 1972, he was re-elevated as the senior justice at the Supreme Court.

Temporal OrderName of PostFromTo
1Secretary to the Punjab and North-West Frontier Province Public Service Commission. Secretary to Government of Punjab, Pakistan, Medical & Local Government Department22 February 194429 February 1944
2Under-Secretary to Government of Punjab, Pakistan Revenue Department, Lahore1 March 19441 May 1944
3Sub-Divisional Magistrate, Dalhousie, India2 May 1944
4Special Sub-Judge at Lahore for Judicial training9 November 1944
5Sub-Divisional Magistrate, Dalhousie28 May 1945
6Deputy Commissioner, Gurdaspur, IndiaJune 1945July 1945
7District and Sessions Judge, Gurdaspur3 November 1945
8Assistant Commissioner, Gurdaspur23 February 1946
9Deputy Commissioner, Hisar, India27 March 1946
10Secretary to the Partition Steering Committee for Punjab, Pakistan9 July 1947
11Deputy Commissioner, Rawalpindi, Pakistan8 August 1947
12Deputy Commissioner, Montgomery (now Sahiwal), PakistanOctober 1948
13Deputy Commissioner, SialkotApril 1950
14Deputy Secretary, Ministry of Defence, Government of Pakistan, RawalpindiJanuary 1952December 1954
15Training at Imperial Defence College (IDC), LondonJanuary 1955December 1955
16Deputy Secretary, Ministry of Defence, Government of Pakistan, KarachiAugust 1956
17Joint Secretary, Ministry of Defence, Government of Pakistan, KarachiAugust 1956
18District and Sessions Judge, KarachiFebruary 1957
19District and Sessions Judge, LahoreJune 1958
20Additional Judge, High Court of West Pakistan, Lahore24 October 1959
21Permanent Judge, High Court of West Pakistan, Lahore24 October 1962
22Member of the Law Reforms CommissionMay 1967
23Acting leader of the legal expert delegation to the Republic of SomaliaJuly 1969
24Chief Justice Lahore High Court, Lahore, on dismemberment of One Unit1 July 1970
25Judge, Supreme Court of Pakistan16 October 1972
26Chief Justice of Pakistan23 September 197725 March 1981
2711th President of Pakistan20 April 19787 May 1978

Other

Haq attended the Third Commonwealth and Empire Law Conference in Sydney, Australia in August–September 1965 as leader of the Pakistan delegation. He was interested in academic and educational activities and had been a member of the Syndicates of:

  • Punjab University
  • University of Engineering and Technology, Lahore
  • University of Agriculture, Faisalabad in Lyallpur (now called Faisalabad)
  • Allama Iqbal Open University, Islamabad

References

References

  1. Shaikh Aziz. (21 December 2014). "A leaf from history: Supreme Court rejects Bhutto's appeal". Dawn (newspaper).
  2. (19 March 2015). "Historical Dictionary of Pakistan (page 73)". Rowman & Littlefield.
  3. (19 July 2011). "Playing with Fire: Pakistan at War with Itself". Random House Publishing.
  4. "Chief Justice Anwar ul Haq (profile)".
  5. (1977). "The All Pakistan Legal Decisions". All-Pakistan Legal Decisions.
  6. (1972). "The All Pakistan Legal Decisions". The All-Pakistan Legal Decisions.
  7. (1945). "India Office and Burma Office List Advertiser". Harrison & Sons Ltd..
  8. "Sheikh Anwarul Haque vs The State Of Bihar & Ors on 31 August, 2015". The Land Acquisition Act, 1894.
  9. "Lahore High Court, Lahore". Lahore High Court, Lahore Press.
  10. (2001). "Quaid-i-Azam Mohammad Ali Jinnah Papers: Pakistan : pangs of birth, 15 August-30 September 1947". Quaid-i-Azam Papers Project, National Archives of Pakistan.
  11. "The Journey to Pakistan: A Documentation on Refugees of 1947". Government of Pakistan, Cabinet Secretariat, Cabinet Division, National Documentation Centre.
  12. "Profile of Justice Sheikh Anwarul Haq". Khurram.
  13. (2005). "Pakistan's Birth & Allama Mashraqi: Chronology & Statements, Period,1947–1963". AMZ Publications.
  14. (2004). "A Judge Speaks Out". Oxford University Press.
  15. (1991). "Pakistan Under the Military: Eleven Years of Zia Ul-Haq". Westview Press.
  16. (1991). "Bangladesh liberation struggle, 1971: the role of USA, China, Soviet Union & India". Radical Asia Publications.
  17. (2 September 2003). "India-Pakistan in War and Peace". Routledge.
  18. (2003). "Annual Report". Secretariat, Law and Justice Commission of Pakistan.
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