Supreme_Court_of_Pakistan,_Islamabad_by_Usman_Ghani

Chief Justice Sheikh Anwarul Haq ( Punjabi and ur, شیخ انوار الحق‎; 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 hanged Z.A Bhutto in a controversial murder case on April 4, 1977. Educated as an

economist An economist is a professional and practitioner in the social science discipline of economics. The individual may also study, develop, and apply theories and concepts from economics and write about economic policy. Within this field there are ...

at the DAV College and the Punjab University in

Lahore Lahore ( ; pnb, ; ur, ) is the second most populous city in Pakistan after Karachi and 26th most populous city in the world, with a population of over 13 million. It is the capital of the province of Punjab where it is the largest city ...

, he served as a civil servant of the

Indian Civil Service The Indian Civil Service (ICS), officially known as the Imperial Civil Service, was the higher civil service of the British Empire in India during British rule in the period between 1858 and 1947. Its members ruled over more than 300 million p ...

as an appointee to lead the municipal governance in the

British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...

in 1944. He continued serving in the civil service after the

independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the statu ...

Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...

as a result of

partition Partition may refer to: Computing Hardware * Disk partitioning, the division of a hard disk drive * Memory partition, a subdivision of a computer's memory, usually for use by a single job Software * Partition (database), the division of a ...

of British India in 1947 and subsequently elevated as a judge in the

Sindh High Court The High Court of Sindh ( ur, ) is the highest judicial institution of the Pakistani province of Sindh. Established in 1906, the Court situated in the provincial capital at Karachi. Apart from being the highest Court of Appeal for Sindh in ...

in 1957. In 1962, he was nominated to be served in the Supreme Court and later appointed as

Chief Justice of Lahore High Court Chief may refer to: Title or rank Military and law enforcement * Chief master sergeant, the ninth, and highest, enlisted rank in the U.S. Air Force and U.S. Space Force * Chief of police, the head of a police department * Chief of the boa ...

in 1970 before his reappointment as a Senior Justice of the

Supreme Court of Pakistan The Supreme Court of Pakistan ( ur, ; ''Adālat-e-Uzma Pākistān'') is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance to thePart VIIof the Constitution of Pakistan, it has ultimate a ...

in 1971. He 1972, he earned public and international notability when he co-chaired the War Enquiry Commission with Chief Justice

Hamoodur Rahman Chief Justice Hamoodur Rahman ( ur, ; 1 November 1910 – 20 December 1981), . , was a Pakistani Bengali jurist and an academic who served as the Chief Justice of Pakistan from 18 November 1968 until 31 October 1975. Educated in law ...

to investigate the economic and military collapse of Pakistan in a war against India in 1971 that led to the separation of

East Pakistan East Pakistan was a Pakistani province established in 1955 by the One Unit Policy, renaming the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India and Myanmar, wi ...

Bangladesh Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the eighth-most populous country in the world, with a population exceeding 165 million people in an area of . Bangladesh is among the mos ...

. He was known for his judicial

conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...

philosophical leanings and is noted in country's political history for providing

legality Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power. According to the Merriam-Webster Dictionary, legality is 1 : ...

for the

martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...

upheld by chief of army staff General

Zia-ul-Haq General Muhammad Zia-ul-Haq HI, GCSJ, ร.ม.ภ, ( Urdu: ; 12 August 1924 – 17 August 1988) was a Pakistani four-star general and politician who became the sixth President of Pakistan following a coup and declaration of martial ...

to restore

law and order In modern politics, law and order is the approach focusing on harsher enforcement and penalties as ways to reduce crime. Penalties for perpetrators of disorder may include longer terms of imprisonment, mandatory sentencing, three-strikes laws a ...

, in light of

doctrine of necessity The doctrine of necessity is the basis on which extra-constitutional actions by administrative authority, which are designed to restore order or attain power on the pretext of stability, are considered to be lawful even if such an action contrave ...

, as part of his conservative leanings. He also heard the case of

Zulfikar Ali Bhutto Zulfikar (or Zulfiqar) Ali Bhutto ( ur, , sd, ذوالفقار علي ڀٽو; 5 January 1928 – 4 April 1979), also known as Quaid-e-Awam ("the People's Leader"), was a Pakistani barrister, politician and statesman who served as the fourt ...

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 The Lahore High Court () is based in Lahore, Pakistan. It was established as a high court on 21 March 1882. The Lahore High Court has jurisdiction over Punjab (Pakistan). The High Court's principal seat is in Lahore, but there are benches in th ...

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, 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 notably refused to take an oath under the imposed PCO, resigning on conscientious grounds. He also 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 Punjab (; Punjabi: پنجاب ; ਪੰਜਾਬ ; ; also romanised as ''Panjāb'' or ''Panj-Āb'') is a geopolitical, cultural, and historical region in South Asia, specifically in the northern part of the Indian subcontinent, comprising a ...

on 11 May 1917, to a Punjabi family. S. Anwarul Haq earned early education from Jullunder and

Wazirabad Wazirabad (Urdu/ pa, ) is a city in Punjab, Pakistan. It is the capital of Wazirabad District. Famous for its cutlery products, it is known as the city of cutlery and is also quite famous for its foods. Wazirabad is situated on the banks of t ...

, passing his

matriculation Matriculation is the formal process of entering a university, or of becoming eligible to enter by fulfilling certain academic requirements such as a matriculation examination. Australia In Australia, the term "matriculation" is seldom used now ...

from Jullunder in 1932. He stood first in matriculation that earned him a

scholarship A scholarship is a form of financial aid awarded to students for further education. Generally, scholarships are awarded based on a set of criteria such as academic merit, diversity and inclusion, athletic skill, and financial need. Scholars ...

to attend the DAV College in 1932. In 1936, he earned BA in

Economics Economics () is the social science that studies the production, distribution, and consumption of goods and services. Economics focuses on the behaviour and interactions of economic agents and how economies work. Microeconomics analyzes ...

and

Political science Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of political activities, political thought, political behavior, and associated constitutions and la ...

and went on to attend the D.A.V. College, Lahore of Punjab University, where he earned an MA in

in 1938. He ranked first in MA in Economics examination at the Punjab University, setting a new record in that subject. During his time at the Punjab University, Haq participated in a large number of

declamation Declamation (from the Latin: ''declamatio'') is an artistic form of public speaking. It is a dramatic oration designed to express through articulation, emphasis and gesture the full sense of the text being conveyed. History In Ancient Rome, decla ...

contests and prize debates and was often judged as the best speaker. From 1936–38, he was an activist of

All-India Muslim League The All-India Muslim League (AIML) was a political party established in Dhaka in 1906 when a group of prominent Muslim politicians met the Viceroy of British India, Lord Minto, with the goal of securing Muslim interests on the Indian subcont ...

and was a student advocate of the assertion of the separate identity of

Indian Muslim Islam is India's second-largest religion, with 14.2% of the country's population, approximately 172.2 million people identifying as adherents of Islam in 2011 Census. India is also the country with the second or third largest number of Muslim ...

s. He attended the

meeting in

Calcutta Kolkata (, or , ; also known as Calcutta , List of renamed places in India#West Bengal, the official name until 2001) is the Capital city, capital of the Indian States and union territories of India, state of West Bengal, on the eastern ba ...

in December 1937 as a student delegate. In 1939, he was selected and joined the

and went to

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

to be educated in

Oxford Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...

. Upon returning in 1940, he was appointed Assistant Commissioner at

Ferozepur Firozpur, also known as Ferozepur, is a city on the banks of the Sutlej River in Firozpur District, Punjab, India. After the partition of India in 1947, it became a border town on the India–Pakistan border with memorials to soldiers who died ...

and later appointed as

Undersecretary Undersecretary (or under secretary) is a title for a person who works for and has a lower rank than a secretary (person in charge). It is used in the executive branch of government, with different meanings in different political systems, and is al ...

and the North-West Frontier from 1942 until 1944. In 1944, he was appointed as Sub Divisional Magistrate at the

Dalhousie, India Dalhousie ( hi, script=Latn, ḍalhauzī, ) is a hill station, near town of Chamba in Chamba district in the Indian state of Himachal Pradesh. It is situated on five hills and has an elevation of above sea level. Etymology Dalhousie Town was ...

and heard various cases involving the civil lawsuits. During the same time, he was sent to

Gurdaspur Gurdaspur is a city in the Indian state of Punjab, between the rivers Beas and Ravi. It houses the administrative headquarters of Gurdaspur District and is in the geographical centre of the district, which shares a border with Pakistan. The ...

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 East Punjab (known simply as Punjab from 1950) was a province and later a state of India from 1947 until 1966, consisting of the parts of the Punjab Province of British India that went to India following the partition of the province betwee ...

) in 1946, before joining the

Cabinet Mission A Cabinet Mission came to India in 1946 in order to discuss the transfer of power from the British government to the Indian political leadership, with the aim of preserving India's unity and granting its independence. Formed at the initiative of ...

to be served as its Secretary to the Partition Steering Committee for the Punjab in 1947. After the

establishment Establishment may refer to: * The Establishment, a dominant group or elite that controls a polity or an organization * The Establishment (club), a 1960s club in London, England * The Establishment (Pakistan), political terminology for the military ...

as a result of

by the

British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...

, he opted for Pakistan and appointed as deputy commissioner of Rawalpindi,

, 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 Sialkot ( ur, ) is a city located in Punjab, Pakistan. It is the capital of Sialkot District and the 13th most populous city in Pakistan. The boundaries of Sialkot are joined with Jammu (the winter capital of Indian administered Jammu and Ka ...

. In 1952, he joined the Ministry of Defence (MoD) as its deputy secretary until 1954 when he left for the

to attend the

Imperial Defence College The Royal College of Defence Studies (RCDS) instructs the most promising senior officers of the British Armed Forces, His Majesty's Diplomatic Service and Civil Service in national defence and international security matters at the highest level ...

London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

. 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

but later moved to

in Punjab in 1958. In 1959, he was appointed as a judge in the

West Pakistan High Court The High Court of West Pakistan was the high court for the province of West Pakistan during the days of one unit from 1956 to 1971 until the separation of East Pakistan. History On 30 September 1955 the Constituent Assembly of Pakistan passed the ...

and moved on to the Supreme Court as a senior justice in 1962. In 1965, he was appointed as the deputy leader of the Pakistan Delegation to the Third Commonwealth and Empire Law Conference held at Sydney, Australia in 1965. In 1967, he was appointed as a member of the Law Reform Commission led by Chief Justice

Alvin Robert Cornelius Alvin Robert Cornelius, HPk (8 May 1903 – 21 December 1991) was a Pakistani jurist, legal philosopher and judge, serving as the 4th Chief Justice of Pakistan from 1960 until 1968. In addition, he served as Law Minister in the cabinet of Yah ...

that conducted the various case studies on land reforms in Pakistan. In 1969, he was selected to lead a Legal Expert Delegation to

Somalia Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constituti ...

to provide expertise in overviewing the

constitutional crises A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princi ...

in Somalia. In 1970, he was elevated as Chief Justice of the

by President

Yahya Khan General Agha Muhammad Yahya Khan , (Urdu: ; 4 February 1917 – 10 August 1980); commonly known as Yahya Khan, was a Pakistani military general who served as the third President of Pakistan and Chief Martial Law Administrator following his p ...

who issued the decree, the LFO No. 1970 that dissolved the status of

West Pakistan West Pakistan ( ur, , translit=Mag̱ẖribī Pākistān, ; bn, পশ্চিম পাকিস্তান, translit=Pôścim Pakistan) was one of the two Provincial exclaves created during the One Unit Scheme in 1955 in Pakistan. It was ...

. He witnessed the

war War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...

between

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...

and

that resulted in the separation of East Pakistan as

. On 26 December 1971, he was named as a member of the War Enquiry Commission (WEC) along with Chief Justice

, and the chief justices of the Sindh,

Balochistan Balochistan ( ; bal, بلۏچستان; also romanised as Baluchistan and Baluchestan) is a historical region in Western and South Asia, located in the Iranian plateau's far southeast and bordering the Indian Plate and the Arabian Sea coastline. ...

, and Punjab High Court, formed by the Chief Justice Rahman on the request of then-

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

. On 1 January 1972, he was re-elevated as the senior justice at the Supreme Court. Haq attended the Third Commonwealth and Empire Law Conference in Sydney, Australia in August–September 1965 as leader of the

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 The University of Engineering and Technology, Lahore (UET Lahore) is a public university located in Lahore, Punjab, Pakistan specializing in science, technology, engineering and mathematics (STEM) subjects. It is the oldest and one of the most ...

University of Agriculture, Faisalabad The University of Agriculture (UAF) is a public research university in Faisalabad, Pakistan. History Origins The University of Agriculture, Faisalabad (Urdu: ), (formerly: ''Punjab Agricultural College and Research Institute''), is a univers ...

Lyallpur Faisalabad (; Punjabi/ ur, , ; ), formerly known as Lyallpur ( Punjabi, Urdu: لائل پور), named after the founder of the city, but was renamed in 1977 in honour of late King Faisal of Saudi Arabia. It is the 3rd largest city of Pak ...

(now called

Faisalabad Faisalabad (; Punjabi/ ur, , ; ), formerly known as Lyallpur (Punjabi, Urdu: لائل پور), named after the founder of the city, but was renamed in 1977 in honour of late King Faisal of Saudi Arabia. It is the 3rd largest city of Pakis ...

) *

Allama Iqbal Open University Allama Iqbal Open University is a public university in Islamabad, Pakistan. It is named after Allama Iqbal. The university is the world's second largest institution of higher learning, with an annual enrollment of 1,121,038 students (), the m ...

Islamabad Islamabad (; ur, , ) is the capital city of Pakistan. It is the country's ninth-most populous city, with a population of over 1.2 million people, and is federally administered by the Pakistani government as part of the Islamabad Capital ...

Haq was President of the Himayat-i-Islam Law College, Lahore for several years. He was acting Vice-Chancellor of Punjab University on multiple occasions. He was appointed as a member of the 1971 War Inquiry Commission from January 1972 to November 1974 along with CJ

. He was also appointed as Chairman of the National Pay Commission and Armed Forces Pay Commission in January 1976. He represented the Pakistan Supreme Court at the centenary celebrations of the Supreme Court of Ghana at Accra in October 1976. He was appointed Chairman of the Commission on the Indus River System in September 1977. He was appointed Chairman of the Civil Services Commission in February 1978. He had been President of the British Universities Alumni Association, Lahore since 1962. He was a guest speaker at a large number of social, intellectual, and cultural functions in Lahore, Rawalpindi, and

Karachi Karachi (; ur, ; ; ) is the most populous city in Pakistan and 12th most populous city in the world, with a population of over 20 million. It is situated at the southern tip of the country along the Arabian Sea coast. It is the former c ...

References

{{DEFAULTSORT:Haq, Anwarul 1917 births 1995 deaths People from Jalandhar Punjabi people People from Lahore University of the Punjab alumni Chhatrapati Shahu Ji Maharaj University alumni Indian Civil Service (British India) officers Pakistani civil servants Pakistan Army civilians Pakistan Navy civilians Pakistan Air Force civilians H Alumni of the Royal College of Defence Studies Justices of the Supreme Court of Pakistan Chief justices of Pakistan Pakistani ethicists Philosophers of law Controversies in Pakistan University of Engineering and Technology, Lahore faculty University of the Punjab faculty Acting presidents of Pakistan 1977 controversies *List

Biography

Early life and public service

Supreme court and chief justice

See also

References