K.M.A. Samdani

  • TThere is hardly a society in the world which does not have its defects. But, unfortunately, the flaws in our society are, at least in my opinion, fatal. The "fatality" in the context of a society means, it leads to its failure. So, in my opinion, ours is a failed society. State is a manifestation ...

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  • TWhat needs to be understood, right at the outset, is that, contrary to the popular belief based on ignorance, the Taliban are not promoting Islam or Sharia (the Islamic Law) either in Afghanistan or in Pakistan. What they, in fact seek to establish in those two countries and later, if possible, ...

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  • TClause (2) of Article 14 of our constitution reads: "No person shall be subjected to torture for the purpose of extracting evidence." In the first place, torture should have been prohibited for any purpose whatsoever. But as the dictum goes, no one can be wiser than the law. So, I will take clause ...

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  • TIn the constitution, oaths have been prescribed for the following offices: president, prime minister, federal ministers, ministers of state, speaker of National Assembly, chairman of Senate, deputy speaker of National Assembly, deputy chairman of Senate, member of National Assembly, member of ...

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  • TEvery member of our (elite) public, in general, needs to know our judicial system very clearly. And, in particular, every member of our polity and every member of the bar and bench should know it with utmost clarity. From the statements of the classes mentioned above, not only in the print media ...

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  • TIt is said that the constitution as promulgated in 1973 in its original form was one of the best in the world. But we are singularly distinguished by the fact that we have disregarded it sometimes as a whole and sometimes partially. As a whole under the unconstitutional military regimes and ...

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  • TI would like to address, today, the question of habeas corpus, which is so important that it warrants a serious study. It relates to the personal freedom of an individual, which is so precious that it cannot be compromised under any circumstances. It is critical not only to the liberty of an ...

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  • TDuring my stay in Lahore, I had the honour of meeting a saintly person called Wasif Ali Wasif. He was known as an intellectual, poet and journalist. However; I knew him only as a saint. He is no more with us. In one of his gatherings, one day, somebody stated in some context that Pakistan was ...

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  • TAfter a stint of more than two years as law secretary in the federal government; I came back to my own High Court on the July 1, 1980. It was like homecoming. But, the euphoria did not last long. In March 1981, the military government prescribed a new oath for the superior courts judges. The date ...

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  • TA year after I returned from the UK and joined the profession, i.e. in 1987, I was elected president of the Lahore High Court Bar Association with an overwhelming majority. This was one of those rare occasions when the president was not elected on the basis of biraderi or affiliation with a ...

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  • TIt should be borne in mind that any judiciary in the world is as independent as the minds of its judges. I will relate an incident here to illustrate my point. It did not affect me personally though. Some military court decided a case in the Punjab which was entirely within the jurisdiction of the ...

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  • TI was still an Addl Judge of the Lahore High Court when I was entrusted with an enquiry, which related to the incident that had taken place at Rabwah in which some Ahmadis had beaten up the students of the Nishtar Medical College, Multan, travelling by train back to Multan from Peshawar. Some ...

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  • TIn the year 1972, I was appointed Additional Judge (of the Punjab High Court). Two years later I was confirmed. By the grace of God, however, I did not feel weak even as an Addl Judge, but realised that some other Addl Judges were reluctant to decide cases against the executive before their ...

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  • TThere is a world of difference between the studies in America and that in Pakistan. In the former, there is a premium on originality; while in the latter on cramming'. If you say in support of your opinion that so and so also holds the same opinion, and if that so and so is a 'big' name, you are ...

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  • TI was District and Sessions Judge Hazara from 1966 to 1968. The present Hazara Division was one district at that time. In those days Hazara was supposed to be a difficult district. It was Ayub Khan's district and he was the ruler of the day. But, for doing justice, just legal acumen is not enough. ...

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  • TOn the 2nd day of my assumption of duty as Sub Divisional Magis-trate, Toba Tek Singh, in the year 1958, the DSP Incharge of the Sub- Divisional Police came to call on me alongwith a few other subordinate police officers. It was a courtesy call. In the course of conversation, however, he tried to ...

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  • TThe following event relates to the period between 1958 and 1960 when I was the Sub-Divisional Magistrate incharge of Toba Tek Singh Sub Division, both administratively and judicially. Those were the days when Toba Tek Singh was a sub-division of the Lyallpur District, which is presently called ...

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  • TAt the advent of independence, the middle class of the Punjab was mostly constituted by the Hindus and Sikhs. When India was partitioned, the Punjab was also partitioned into the Bharati Punjab and Pakistani Punjab. We are presently concerned only with the latter where the upper class consisted ...

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  • TApart from a number of other problems besetting the Pakistani society presently, two are very important and require urgent attention. The problems are not old. They are a few years old. But we are used to attending to our problems usually when they become old and lose their urgency. The problems I ...

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  • TAn unconstitutional oath is an unconstitutional oath regardless of whether it has been condemned by the Supreme Court and ratified by the parliament. What Supreme Court? The Supreme Court consisting of judges who had taken oath under the PCO of the year 2000? That was not a competent court by any ...

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