Nasirul Mulk ( ur, , born 17 August 1950) served as the seventh
caretaker prime minister of Pakistan
The Caretaker Prime Minister of Pakistan ( ur, ) is the acting head of government in Pakistan following the dissolution of the National Assembly. The purpose of this post is to ensure free and fair elections are held. The most recent Caretaker P ...
chief justice of Pakistan
}
The Chief Justice of Pakistan (Urdu: ) ( initials as CJP) is head of the court system of Pakistan (the judicature branch of government) and the chief judge of the Supreme Court of Pakistan. The officeholder is the senior most of 17 senior ...
. A
jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Un ...
by profession, he was nominated as Chief Justice by the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
Nawaz Sharif
Mian Muhammad Nawaz Sharif (Urdu, Punjabi: ; born 25 December 1949) is a Pakistani businessman and politician who has served as the Prime Minister of Pakistan for three non-consecutive terms. He is the longest-serving prime minister of Pak ...
. On 6 July 2014, his appointment as CJP was confirmed by
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 f ...
Mamnoon Hussain
Mamnoon Hussain ( ur, ; 22 December 1941 – 14 July 2021) was a Pakistani politician and industrialist who served as the 12th president of Pakistan from 2013 to 2018. He was first appointed Governor of Sindh in June 1999 by President Rafiq ...
. He also previously served as the country's acting Chief Election Commissioner, from 30 November 2013 to 6 July 2014.
Prior to be elevated as Senior Justice in 2005, Mulk tenured as the chief justice of
Peshawar High Court
The Peshawar High Court ( ur, ) 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 ...
in 2004. Since joining the Supreme Court, Mulk has taken
textualist
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 p ...
approach on
human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
and non-discrimination issues.
On 28 May 2018, he was appointed as caretaker prime minister ahead of the
general elections
A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
scheduled in July 2018.
Biography
Education and background
Nasirul Mulk was born in tourist locality
Swat
In the United States, a SWAT team (special weapons and tactics, originally special weapons assault team) is a police tactical unit that uses specialized or military equipment and tactics. Although they were first created in the 1960s to ...
,
Khyber Pakhtunkhwa
Khyber Pakhtunkhwa (; ps, خېبر پښتونخوا; Urdu, Hindko: خیبر پختونخوا) commonly abbreviated as KP or KPK, is one of the Administrative units of Pakistan, four provinces of Pakistan. Located in the Geography of Pakistan, ...
, on 17 August 1950. He hails from a wealthy and politically influential Paracha family in
Swat
In the United States, a SWAT team (special weapons and tactics, originally special weapons assault team) is a police tactical unit that uses specialized or military equipment and tactics. Although they were first created in the 1960s to ...
politician
A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a ...
who served as
Senator
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
in
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
between 1973 and 1977. His younger brother,
Shuja-ul-Mulk
Shuja-ul-Mulk is a Pakistani politician who served as a member of Senate of Pakistan between 2003 and 2009.
He is the brother of former Chief Justice of Pakistan
}
The Chief Justice of Pakistan (Urdu: ) ( initials as CJP) is head of the ...
, also served as
Senator
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
between 2003 and 2009. His uncle, Chacha Karim Bux (or Baksh) was a prominent
social worker
Social work is an academic discipline and practice-based profession concerned with meeting the basic needs of individuals, families, groups, communities, and society as a whole to enhance their individual and collective well-being. Social wo ...
, while his another sibling Rafil-ul-Mulk was a past
mayor
In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well as ...
of
Swat
In the United States, a SWAT team (special weapons and tactics, originally special weapons assault team) is a police tactical unit that uses specialized or military equipment and tactics. Although they were first created in the 1960s to ...
.
After completing
high school
A secondary school describes an institution that provides secondary education and also usually includes the building where this takes place. Some secondary schools provide both '' lower secondary education'' (ages 11 to 14) and ''upper seconda ...
from
Abbottabad Public School
Abbottabad Public School (APS), formerly Railway Public School and Abbottabad Public School and College, is a public, all boys, boarding school for 7th to 12th grade students, located in Abbottabad, Pakistan. APS follows the philosophy of the Bri ...
, Mulk attended the
Jahanzeb College
Government Post Graduate 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 ...
Fine Arts
In European academic traditions, fine art is developed primarily for aesthetics or creative expression, distinguishing it from decorative art or applied art, which also has to serve some practical function, such as pottery or most metalwo ...
in 1970. He enrolled in
Peshawar University
The University of Peshawar ( ps, د پېښور پوهنتون; hnd, پشور یونیورسٹی; ur, ; abbreviated UoP; known more popularly as Peshawar University) is a public research university located in Peshawar, Khyber Pakhtunkhwa, Pa ...
to study
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
, also the same year. He excelled well in his law studies and, at one point, his university professors noted him as "talented and a bright student".
In 1972, he obtained a
Bachelor of Laws
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of ...
from the
Peshawar University
The University of Peshawar ( ps, د پېښور پوهنتون; hnd, پشور یونیورسٹی; ur, ; abbreviated UoP; known more popularly as Peshawar University) is a public research university located in Peshawar, Khyber Pakhtunkhwa, Pa ...
. In 1976, Mulk qualified as a barrister and was called to the
bar
Bar or BAR may refer to:
Food and drink
* Bar (establishment), selling alcoholic beverages
* Candy bar
* Chocolate bar
Science and technology
* Bar (river morphology), a deposit of sediment
* Bar (tropical cyclone), a layer of cloud
* Bar (un ...
by the
Inner Temple
The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and W ...
in
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
Peshawar High Court
The Peshawar High Court ( ur, ) 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 ...
, and briefly tenured as
professor of law
Legal education is the education of individuals in the principles, practices, and theory of law. It may be undertaken for several reasons, including to provide the knowledge and skills necessary for admission to legal practice in a particular j ...
at the
Peshawar University
The University of Peshawar ( ps, د پېښور پوهنتون; hnd, پشور یونیورسٹی; ur, ; abbreviated UoP; known more popularly as Peshawar University) is a public research university located in Peshawar, Khyber Pakhtunkhwa, Pa ...
while practicing as a legal practitioner at Peshawar. He also lectured courses on
civil law
Civil law may refer to:
* Civil law (common law), the part of law that concerns private citizens and legal persons
* Civil law (legal system), or continental law, a legal system originating in continental Europe and based on Roman law
** Private la ...
as
visiting scholar
In academia, a visiting scholar, visiting researcher, visiting fellow, visiting lecturer, or visiting professor is a scholar from an institution who visits a host university to teach, lecture, or perform research on a topic for which the visitor ...
at the
Pakistan Administrative Staff College
The National School of Public Policy (NSPP) is the premier institution for training and capacity building of senior ranking civil servants in Pakistan. All civil servants which are to be considered for promotion to BPS-21 grade by the Central Sele ...
. Mulk was regarded as notable
professor of law
Legal education is the education of individuals in the principles, practices, and theory of law. It may be undertaken for several reasons, including to provide the knowledge and skills necessary for admission to legal practice in a particular j ...
at the
Peshawar University
The University of Peshawar ( ps, د پېښور پوهنتون; hnd, پشور یونیورسٹی; ur, ; abbreviated UoP; known more popularly as Peshawar University) is a public research university located in Peshawar, Khyber Pakhtunkhwa, Pa ...
, and his students often remembered him as "a
professor
Professor (commonly abbreviated as Prof.) is an academic rank at universities and other post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin as a "person who professes". Professor ...
who had complete command on his subject and avoided controversies." Mulk was noted his college students as he always came into the classroom well prepared.
Mulk practiced law for over 17 years at the
Peshawar High Court
The Peshawar High Court ( ur, ) 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 ...
where he built his reputation for competency and a positive approach toward the cases he contested. Mulk was elected
Secretary-General
Secretary is a title often used in organizations to indicate a person having a certain amount of authority, power, or importance in the organization. Secretaries announce important events and communicate to the organization. The term is derive ...
provincial government
A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, o ...
of
Khyber–Pakhtunkhwa
Khyber Pakhtunkhwa (; ps, خېبر پښتونخوا; Urdu, Hindko: خیبر پختونخوا) commonly abbreviated as KP or KPK, is one of the four provinces of Pakistan. Located in the northwestern region of the country, Khyber Pakhtunkhwa ...
, assisting in legal matters and affairs.
Judicial career
After meeting qualifications for being a judge, Mulk was ascended as judge at the
Peshawar High Court
The Peshawar High Court ( ur, ) 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 ...
on 6 June 1994—a post he retained until 2004. 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
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
of
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
in 2005.
Justice Mulk presided and heard the Mukhtār Mā'ī case—the controversial and highly publicized case regarded a
gang rape
Gang rape, also called serial gang rape, group rape, or multiple perpetrator rape in scholarly literature,Ullman, S. E. (2013). 11 Multiple perpetrator rape victimization. Handbook on the Study of Multiple Perpetrator Rape: A Multidisciplinary Re ...
that occurred in 2002. Mulk's judgement held ''
Jirga
A jirga ( ps, جرګه, ''jərga'') is an assembly of leaders that makes decisions by consensus according to Pashtunwali, the Pashtun social code. It is conducted in order to settle disputes among the Pashtuns, but also by members of other ethni ...
'', 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. He reportedly penned his judgement that "''Jirgas'' cannot be allowed to arbitrarily punish in the form of ''
watta satta
Watta satta or shighar ( ur, ،شغار،وٹہ سٹہ), is an exchange marriage common in Pakistan and Afghanistan.
On 2 November 2007, Barrister
Aitzaz Ahsan
Chaudhry Aitzaz Ahsan ( ur, ; born 27 September 1945) is a Pakistani politician and lawyer. He served two times as the Leader of the House in the Senate of Pakistan from 1994 to 1997 and again from 2012 to 2015. He also served as the Leader o ...
submitted an application to the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
asking that the
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government ...
be restrained from imposing
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 ...
in Pakistan. Reviewing the application, a seven-panel bench in Supreme Court of Pakistan issued an injunction against the imposition of
state emergency
A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
Iftikhar Mohammad Chaudhry
Iftikhar Muhammad Chaudhry ( ur, ; born 12 December 1948) is a Pakistani jurist who served as the 20th Chief Justice of Pakistan over three non-consecutive terms from 29 June 2005 to 11 December 2013.
Chaudhry began practice as an advocate of ...
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 f ...
Pervez Musharraf
General Pervez Musharraf ( ur, , Parvez Muśharraf; born 11 August 1943) is a former Pakistani politician and four-star general of the Pakistan Army who became the tenth president of Pakistan after the successful military takeover of t ...
and upheld the state emergency imposed on 2 November 2007. He refused to take an
oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...
under PCO 2007 and was ultimately terminated from the Supreme Court. A strong, publicly instigated
lawyer's movement
The Lawyers' Movement, also known as the Movement for the Restoration of Judiciary or the Black Coat Protests, was the popular mass protest movement initiated by the lawyers of Pakistan in response to the former president and army chief Pervez Mus ...
which enjoyed support from
PML(N)
The Pakistan Muslim League (Nawaz) ( ur, , translit=Pākistān Muslim Līg (Nūn) PML(N) or PML-N) is a centre-right and liberal conservative political party in Pakistan. Alongside the Pakistan Tehreek-e-Insaf (PTI) and Pakistan Peoples Party ...
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
when he took a fresh oath as a judge of the Supreme Court with his seniority intact.
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
, from 30 November 2013 to 6 July 2014. His
oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...
was presided by
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 f ...
Mamnoon Hussain
Mamnoon Hussain ( ur, ; 22 December 1941 – 14 July 2021) was a Pakistani politician and industrialist who served as the 12th president of Pakistan from 2013 to 2018. He was first appointed Governor of Sindh in June 1999 by President Rafiq ...
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 Capita ...
Tassaduq Hussain Jillani
Tassaduq Hussain Jillani (born 6 July 1949) is a Pakistani judge who served as the 21st Chief Justice of Pakistan from 2013 to 2014. He previously served as a Justice of the Supreme Court from 2004, after being nominated Justice of the Laho ...
had laid down the judicial robes of his office on and handed over to Chief Justice Mulk.
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." Mulk is also known for his strictness towards implementation of law and his judgement reflected a textualist approach on
human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
and non-discrimination issues. He retired as
Chief Justice of Pakistan
}
The Chief Justice of Pakistan (Urdu: ) ( initials as CJP) is head of the court system of Pakistan (the judicature branch of government) and the chief judge of the Supreme Court of Pakistan. The officeholder is the senior most of 17 senior ...
Shahid Khaqan Abbasi
Shahid Khaqan Abbasi ( ur, ; born 27 December 1958) is a Pakistani politician and businessman who served as the 21st prime minister of Pakistan from August 2017 to May 2018. Abbasi is the senior vice president of the Pakiatan Muslim Leagu ...
was to complete his tenure as Prime Minister on 31 May 2018. On 28 May, three days before the Abbasi government would complete its five years term, both Abbasi and
leader of opposition
The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically s ...
Syed Khurshid Ahmed Shah
Syed Khurshid Ahmed Shah (Urdu, Saraiki: ; born 20 April 1952) is a Pakistani politician and lawyer who has been a member of the National Assembly of Pakistan since August 2018. Previously, he was member of the National Assembly between 1990 ...
agreed on appointing Nasir as the interim
Prime Minister of Pakistan
The prime minister of Pakistan ( ur, , romanized: Wazīr ē Aʿẓam , ) is the head of government of the Islamic Republic of Pakistan. Executive authority is vested in the prime minister and his chosen cabinet, despite the president of Pak ...
. In consequence of their decision, Mulk, in an oath taking ceremony at Presidency Palace, was sworn in as
caretaker prime minister of Pakistan
The Caretaker Prime Minister of Pakistan ( ur, ) is the acting head of government in Pakistan following the dissolution of the National Assembly. The purpose of this post is to ensure free and fair elections are held. The most recent Caretaker P ...
.
As caretaker prime minister, his first action was to reshuffle the bureaucracy, the key changes being the appointment of Suhail Aamir as his
Principal Secretary The Principal Secretary is a senior government official in various Commonwealth countries.
* Principal Secretary to the Prime Minister of Pakistan
* Principal Secretary to the President of Pakistan
* Principal Secretary to the Prime Minister of ...
and
Syed Abu Ahmad Akif
Syed Abu Ahmad Akif is a retired Pakistani civil servant who served in BPS-22 grade as the Cabinet Secretary and Climate Change Secretary of Pakistan. Akif belongs to the Pakistan Administrative Service and was promoted to the rank of Federal ...
as the
Cabinet Secretary of Pakistan
The cabinet secretary of Pakistan (Urdu: ) is the federal secretary to the Cabinet of Pakistan. The Cabinet secretary serves as the administrative head of the Cabinet Division, providing policy advice to the prime minister and Cabinet. Usually t ...
. During his first few days as prime minister, he instructed the legal team of government to file an appeal against a
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 ...
decision which has annulled the nomination papers for elections.
Cabinet
Mulk appointed his cabinet on 5 June 2018, the table below shows the members and their portfolios:
See also
*
Haziqul Khairi
Haziqul Khairi ( ur, حازق الخيری ; born November 5, 1931) is a Pakistani jurist and author who served as Chief Justice of the Federal Shariat Court of Pakistan, Judge of the Sindh High Court, Ombudsman of Sindh and Princip ...
Tassaduq Hussain Jillani
Tassaduq Hussain Jillani (born 6 July 1949) is a Pakistani judge who served as the 21st Chief Justice of Pakistan from 2013 to 2014. He previously served as a Justice of the Supreme Court from 2004, after being nominated Justice of the Laho ...
*
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 ...
*
Constitution of Pakistan
The Constitution of Pakistan ( ur, ), also known as the 1973 Constitution, is the supreme law of Pakistan. Drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country's opposition parties, it was approved b ...
*
Chief Justice of Pakistan
}
The Chief Justice of Pakistan (Urdu: ) ( initials as CJP) is head of the court system of Pakistan (the judicature branch of government) and the chief judge of the Supreme Court of Pakistan. The officeholder is the senior most of 17 senior ...