154-512: The Hamoodur Rahman Commission (otherwise known as War Enquiry Commission ), was a judicial inquiry commission that assessed Pakistan 's political–military involvement in East-Pakistan from 1947 to 1971 . The commission was set up on 26 December 1971 by Zulfiqar Ali Bhutto the then President of Pakistan and chaired under Chief Justice Hamoodur Rahman . Constituted to prepare strictly germane report on "full and complete account of
308-525: A Sindhi Rajput family; Owen Bennett-Jones writes that the family traces its ancestry back to a 9th-century Rajput prince of the Bhati clan who ruled the town of Tanot (in current-day Rajasthan, India ), Bhutto's ancestors later appearing in different Rajasthani chronicles in prominent roles, the family converting to Islam mostly around the 17th century before moving to Sindh. He was born to Shah Nawaz Bhutto and Khursheed Begum near Larkana . His father
462-604: A de jure power granted to the Court, article 17 of the Constitution states: Every citizen, not being in the service of (State of) Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Government declare that any political party has been formed or
616-738: A peace treaty with Indian Prime Minister Lal Bahadur Shastri . Ayub and Shastri agreed to exchange prisoners of war and withdraw respective forces to pre-war boundaries. The agreement, deeply unpopular in Pakistan, caused significant political unrest against Ayub's regime. Bhutto's criticism of the final agreement created a major rift with Ayub. Initially denying rumors, Bhutto resigned in June 1966, expressing strong opposition to Ayub's regime. During his term, Bhutto formulated aggressive geostrategic and foreign policies against India. In 1965, Bhutto received information from his friend Munir Ahmad Khan about
770-501: A womanizer and an alcoholic . According to the report "Firm and proper action would not only satisfy the nation's demand for punishment where it is deserved but would also ensure against any recurrence of the kind of shameful conduct displayed during the 1971 war". Many insightful recommendations were made by the commission as it recommends to hold the public trial for the President General Yahya Khan, also
924-515: A "dark day in the democratic history" of the country due to its approval in a "non-transparent and hasty manner without any debate." In contrast, Prime Minister Shehbaz Sharif referred to the amendment as a "historical achievement," asserting that it reinforced "parliamentary sovereignty." Interior Minister Mohsin Naqvi also lauded the legislation, claiming it would ensure "speedy justice" and facilitate "positive reforms." While significant concerns about
1078-691: A cabinet member during president Iskandar Ali Mirza 's tenure, holding various ministries during president Ayub Khan 's military rule from 1958. Bhutto became the Foreign Minister in 1963, advocating for Operation Gibraltar in Kashmir , leading to the 1965 war with India . Following the Tashkent Declaration , he was dismissed from the government. Bhutto established the PPP in 1967, focusing on an Islamic socialist agenda, and contested
1232-440: A coup against Bhutto, who appointed then-Brigadier Muhammad Zia-ul-Haq to head a military tribunal to investigate and try the suspects. The National Assembly approved the new 1973 Constitution , which Bhutto signed into effect on 12 April. The constitution proclaimed an " Islamic Republic " in Pakistan with a parliamentary form of government. On 10 August, Bhutto turned over the post of president to Fazal Ilahi Chaudhry , assuming
1386-481: A crippling limitation on the development of Pakistan's science and technology .... Our problem in its essence is how to obtain such a weapon in time before the crisis begins... After India's nuclear test – codenamed Smiling Buddha —in May 1974, Bhutto sensed and saw this test as the final anticipation for Pakistan's death. In a press conference held shortly after India's nuclear test, Bhutto said, "India's nuclear program
1540-569: A decision allegedly to crush the Awami League and its supporters. Capitalizing on West Pakistani fears of East Pakistani separatism, Bhutto demanded that Sheikh Mujibur Rahman form a coalition with the PPP. And at some stage proposed " idhar hum, udhar tum ", meaning he should govern the West and Mujib should Govern the East. President Yahya postponed the meeting of the national assembly which fueled
1694-515: A deterrence program to stand up to industrialized states and a nuclear-armed India. He developed a manifesto outlining the program's development and selected Munir Ahmad Khan to lead it. After resigning as foreign minister, large crowds gathered to hear Bhutto's speech upon his arrival in Lahore on 21 June 1967. Riding a wave of anger against Ayub, Bhutto traveled across Pakistan, delivering political speeches. In October 1966, Bhutto explicitly outlined
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#17327758805221848-440: A feudal background himself, Bhutto announced his first reforms in 1972 which is also called Martial Law Regulation (MLR-115). As Bhutto came as a Populist leader, his charismatic politics were evident. Consequently, he put a ceiling on land ownership wherein no one can hold more than 200 acres irrigated and more than 300 acres non-irrigated land. Bhutto also dismissed the military chiefs on 3 March after they refused orders to suppress
2002-594: A fixed term of three years. The government, led by the Pakistan Muslim League (N) (PML-N) and supported by its coalition partner, the Pakistan People's Party (PPP), has argued that the amendment is necessary to curb what it views as judicial overreach. Prime Minister Shehbaz Sharif described the amendment as an assertion of legislative authority and a step toward restoring balance in Pakistan's constitutional structure. Supporters claim that
2156-565: A formal peace agreement and the release of 93,000 Pakistani prisoners of war . The two leaders signed the Simla Agreement , which committed both nations to establish a new-yet-temporary Line of Control in Kashmir and obligated them to resolve disputes peacefully through bilateral talks. Bhutto also promised to hold a future summit for the peaceful resolution of the Kashmir dispute and pledged to recognize Bangladesh. Although he secured
2310-592: A large number of East Pakistani women as a deliberate act of revenge, retaliation and torture, and deliberate killing of members of the Hindu minority . The report accused the army generals of what it called a "premature surrender" and said the military's continued involvement in running the government after 1958 was one reason for the corruption and ineffectiveness of senior officers. The report maintained that: "Even responsible service officers have asserted before us that because of corruption resulting from such involvement,
2464-757: A major police strike in Punjab. He appointed General Tikka Khan as the new Chief of the Army Staff in March 1972 as he felt the general would not interfere in political matters and would concentrate on rehabilitating the Pakistan Army. Bhutto convened the National Assembly on 14 April, rescinded martial law on 21 April, and charged the legislators with writing a new constitution. Bhutto visited India to meet Prime Minister Indira Gandhi and negotiated
2618-413: A new cabinet, Bhutto appointed Lieutenant-General Gul Hasan as Commander-in-Chief of the Pakistan Army . On 2 January 1972 Bhutto announced the nationalization of all major industries, including iron and steel, heavy engineering, heavy electricals, petrochemicals, cement, and public utilities. A new labour policy was announced increasing workers' rights and the power of trade unions. Although he came from
2772-554: A nuclear bomb. We have no other choice ," observing India's progress toward developing the bomb. In 1965, Bhutto advocated for Salam, successfully appointing him as the head of Pakistan's delegation at the IAEA, and assisted Salam in lobbying for nuclear power plants. In November 1972, Bhutto advised Salam to travel to the United States to avoid the war and encouraged him to return with key literature on nuclear weapons history . By
2926-520: A popular movement in East Pakistan. Amidst popular outrage in East Pakistan, on 7 March 1971, Sheikh Mujib called the Bengalis to join the struggle for " Bangladesh ". According to historical references and a report published by the leading Pakistani newspaper The Nation , "Mujib no longer believed in Pakistan and is determined to make Bangladesh". Many also believed that Bhutto wanted power in
3080-469: A result, Bhutto's party and other leftists won a large number of seats from constituencies in West-Pakistan. However, Sheikh Mujib's Awami League won an absolute majority in the legislature, receiving more than twice as many votes as Bhutto's PPP. Bhutto strongly refused to accept an Awami League government and infamously threatened to " break the legs " of any elected PPP member who dared to attend
3234-574: A role in the Southeast Asia Treaty Organization and the Central Treaty Organization , Bhutto asserted an independent foreign policy for Pakistan, free from U.S. influence . During visits to both East and West Germany , Bhutto established strong links and pursued economic, technological, industrial, and military agreements. He strengthened Pakistan's strategic alliance with Germany, emphasizing
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#17327758805223388-637: A split decision by 4:3 . In 1993, Prime Minister Benazir Bhutto controversially elevated the Supreme Court jurist, SA Shah , who had known for his liberal jurisprudence, as Chief Justice over two senior ranking jurists at the Supreme Court. However, Justice Shah's judicial leanings did not protected the Benazir' administration when it was dismissed by President Farooq Leghari over allegations on corruption . In 1997, judicial crises reached its peak when Supreme Judicial Council took up
3542-597: A technical post to Munir Ahmad Khan in PAEC in 1958 and lobbied for Abdus Salam to be appointed as Science Adviser in 1960. Before being elevated to Foreign Minister , Bhutto directed funds for key research in nuclear weapons and related science. In October 1965, as the Foreign Minister, Bhutto visited Vienna, where nuclear engineer Munir Ahmad Khan held a senior technical post at the IAEA . Munir Khan briefed him on
3696-608: A trusted ally and advisor of Ayub Khan, rising in influence and power despite his youth and relative inexperience. Bhutto aided his president in negotiating the Indus Water Treaty in India in 1960 and the next year negotiated an oil-exploration agreement with the Soviet Union, which agreed to provide economic and technical aid to Pakistan. Bhutto, a Pakistani nationalist and socialist , held distinctive views on
3850-411: Is a very serious political decision, which Pakistan must make, and perhaps all Third World countries must make one day, because it is coming. So can you boys do it?". Nearly all senior scientists replied in one tone, "Yes... We can do it, given the resources and given the facilities". Bhutto ended the meeting by simply saying, "I shall find you the resources and I shall find you the facilities". Before
4004-491: Is designed to intimidate Pakistan and establish " hegemony in the subcontinent ". Despite Pakistan's limited financial resources, Bhutto was so enthusiastic about the nuclear energy project that he is reported to have said " Pakistanis will eat grass but make a nuclear bomb ". The militarization of the Pakistan Atomic Energy Commission was initiated on 20 January 1972 and, in its initial years,
4158-475: Is often considered one of Pakistan's greatest leaders . His party, the PPP, continues to be a significant political force in Pakistan, with his daughter Benazir Bhutto serving twice as Prime Minister, and his son-in-law, Asif Ali Zardari , becoming president. Socialism Elections Political parties Foreign Minister President of Pakistan Prime Minister of Pakistan Downfall Bibliography [REDACTED] Zulfikar Ali Bhutto belonged to
4312-544: Is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. The Supreme Court thus provides, in principle, an important safeguard against the abuse of laws that could potentially have politically repressive consequences or in clear violation of human rights . The Constitution also allows
4466-533: Is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan . Established in accordance with Part VII of the Constitution of Pakistan , it has ultimate and extensive appellate , original , and advisory jurisdictions on all courts (including the high courts , district , special and Shariat court ), involving issues of laws and may act on the verdicts rendered on
4620-554: Is yet to fill. There are two ad hoc appointment of the jurists from the Federal Shariat Court to assist with religiosity concerned cases. As of current formation, Yahya Afridi is tenuring as the Chief Justice of Pakistan , having been appointed on 26 October 2024. The Supreme Court is currently composed of the following justices (in order of seniority), that included the sixteen regular judges including
4774-513: The 1970 general election . The Awami League and PPP were unable to agree on power transfer, leading to civil unrest and the creation of Bangladesh. After Pakistan's loss in the 1971 war against Bangladesh , Bhutto assumed the presidency in December 1971, imposing emergency rule . During his presidency, Bhutto secured the release of 93,000 prisoners of war and reclaimed five thousand square miles (13,000 km ) of Indian-held territory through
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4928-455: The 1977 parliamentary elections , Bhutto faced allegations of widespread vote rigging , sparking violence across the country. On 5 July 1977, Bhutto was deposed in a military coup by army chief Muhammad Zia-ul-Haq . Controversially tried and executed in 1979, Bhutto's legacy remains contentious, praised for nationalism and a secular internationalist agenda, yet criticized for political repression, economic challenges, and human rights abuses. He
5082-878: The Army GHQ or the National Archives of Pakistan. In the 1990s, the curiosity over the report grew with the News International revealing that the report was suppressed and was held secretly at the Joint Staff HQ in Rawalpindi . Contents of the report were published by the Dawn and the India Today and rumored to be the first report, in August 2000. However, it was revealed that this
5236-552: The Commander-in-Chief and the chief martial law administrator of both East and Pakistan in western side . The Commission found suitable for field Courts-martial for Lieutenant-General Abdul Hamid Khan , Lieutenant-General Gul Hasan , Lieutenant-General SSGM Prizada and Major-General Khudadad Khan, and Major-General A. O. Mitha should be publicly tried for being party to a criminal conspiracy to illegally usurp power from Mohammad Ayub Khan in power if necessary by
5390-399: The Constitution of Pakistan in 1973 where a significant part of the Constitution is dedicated towards the restructuring of the Supreme Court. The Part VII of the Constitution , ranges from articles 176 through 191, deals with the powers, composition, rules, and responsibilities of the Supreme Court. These articles concern: The Part VII of the Constitution of Pakistan reconstituted
5544-511: The Federal Shariat Court may be appealed to the Appellate Bench, as the Appellate Bench of Supreme Court is the final authority on Islamic interpretation of law in Pakistan. The registry of the Supreme Court is its appointed officers who is assisted by registrars, several additional and deputy registrars, gazetted officers, and other law clerks. The registry branches provides speedy justice of all nature of crimes and disputes to
5698-534: The Muhajirs . Mubashir Hassan, an engineering professor at UET Lahore , played a pivotal role in the success and rise of Bhutto. Under Hassan's guidance and Bhutto's leadership, the PPP became part of the pro-democracy movement involving diverse political parties from all across Pakistan. PPP activists staged large protests and strikes in different parts of the country, increasing pressure on Ayub to resign. Asghar Khan recalls Bhutto asking him to join his party,
5852-533: The Pakistan Peoples Party (PPP). Asghar Khan declined, stating he had no interest in politics. After Dr. Hassan and Bhutto's arrest on 12 November 1968, Asghar Khan held a press conference in Lahore on 17 November 1968. Asghar Khan led protests calling for Bhutto's release, which ultimately led to his freedom and grew so close to Bhutto that many saw him as a potential successor. After his release, Bhutto, joined by key leaders of PPP, attended
6006-520: The Pakistani military and 200,000 women were raped. The commission put the casualty figure as low as 26,000 killed. The issue is controversial; an independent 2008 study estimated that around 269,000 people perished due to war in 1971 in what is now Bangladesh. Volume I of the supplementary report dealt with the political background , international relations , and military aspects of the events in 1971. The supplementary report discussed its findings in
6160-549: The President upon their nominations from the Prime Minister 's selection based on their merited qualifications. Once appointed, justices are expected to complete a designated term and then retire at 65 years old, unless their term is terminated through resignation or impeachment by the supreme judicial committee resulted in a presidential reference in regards to the misconduct of judge(s). In their discourse judgement ,
6314-631: The Simla Agreement . He strengthened diplomatic ties with China and Saudi Arabia , recognized Bangladesh, and hosted the second Organisation of the Islamic Conference in Lahore in 1974. Bhutto's government drafted the current constitution of Pakistan in 1973, after which he transitioned to the prime minister's office. He played a crucial role in initiating the country's nuclear program . However, his policies, including extensive nationalisation , led to economic stagnation. Despite winning
Hamoodur Rahman Commission - Misplaced Pages Continue
6468-528: The Sindh High Court exists now. In successive years, the Supreme Court was moved to Lahore High Court until the Supreme Court was permanently moved into its new building constructed in Islamabad in 1964. Although the Supreme Court was established pursuant to the Government of India Act 1935 , the modern structure of the court was reestablished by the second set in 1956, and restructured by
6622-652: The ad hoc appointment that are from the Federal Sharia Court . A judge of the Supreme Court can be removed under the Constitution only on grounds of proven misconduct or incapacity and by an order of the President of Pakistan. A written reference has to be sent to the Supreme Judicial Council that will conduct the hearings of allegations of misconduct that would determine the removal of judge. The Judicial Commission determines
6776-590: The atrocities and systematic massacre at the Dhaka University which eventually led to recommendations of holding public trials for civilian bureaucrats and field courts-martial for the senior staff officers. It has been theorized that the first report is so critical of the Pakistan Army 's actions in East Pakistan that publication could have weakened the army's influence. The first report also made many insightful recommendations for reorganizing
6930-590: The bomb ". He asked them, "Can you give it to me? And how long will it take to make a bomb?" Many senior scientists, emotionally and psychologically disturbed from witnessing the war, responded positively, saying, "Oh...Yes.. Yes... You can have it". A lively debate ensued on the time needed to make the bomb, and finally, one scientist dared to suggest that maybe it could be done in five years. Prime Minister Bhutto smiled, lifted his hand, and dramatically thrust forward three fingers, saying, "Three years, I want it in three years". The atmosphere suddenly became electric. It
7084-963: The foreign ministry assertively, rapidly gaining national prominence. During a visit to Beijing, Bhutto, along with his staff, received a warm welcome from the Chinese leadership, including Mao Zedong . Bhutto contributed to negotiating trade and military agreements between Pakistan and China, fostering collaboration on various military and industrial projects. Bhutto signed the Sino-Pakistan Boundary Agreement on 2 March 1963, transferring 750 square kilometers of territory from Gilgit Baltistan to Chinese control. Bhutto embraced non-alignment , making Pakistan an influential member in non-aligned organizations. Advocating pan-Islamic unity , Bhutto developed closer relations with Indonesia and Saudi Arabia. Bhutto significantly transformed Pakistan's pro-West foreign policy. While maintaining
7238-675: The high courts in all over the Indian subcontinent in various provinces while abolishing the supreme courts Calcutta , Bombay , Madras , Lahore , and also the Panchayati system in autonomous presidencies . Until the enactment of the Government of India Act 1935 in 1935 that created the Federal Court , these new high courts had the distinctionary powers of being the highest Courts for all cases. The Federal Court had wide range of jurisdictions to resolve disputes between
7392-574: The judicial independence of the Supreme Court in 2004 when Shaukat Aziz became prime minister. In a lecture in November 2022, Justice Ayesha A. Malik observed an increasing tendency to bring political and social issues to court that would be more suited for resolution within parliament or by the executive. Noting that this is the point at which balancing of power , judicial restraint (refraining from undue interference in other branches of government) and legal clarity become relevant, Malik expressed
7546-549: The military responsible for the atrocities committed in East Pakistan in 1971. The commission also held that the families of West Pakistani service members in East Pakistan were subjected to inhumane treatment by Bengalis. Returning western Pakistanis and the Biharis told the commission of awful tales of the atrocities committed at the hands of the Awami League militants – the Mukti Bahini . The final report, also called
7700-550: The senior justices of the Supreme Court, and military officials as its advisers. The commission had consisted of both civilian and military officials that investigated the political and military failures based on the interviews and testimonies provided by the POWs, politicians, activists, military leaders, and journalists for two years. The commission submitted its final report in 1974. The commission interviewed and stored testimonies in both first and supplementary reports. In 1972, it
7854-399: The 1970s, nuclear deterrence was well-established under the government of Huseyn Shaheed Suhrawardy , but it was entirely peaceful and dedicated to civilian power needs . Bhutto, in his book The Myth of Independence in 1969, wrote: If Pakistan restricts or suspends her nuclear deterrence , it would not only enable India to blackmail Pakistan with her nuclear advantage but would impose
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#17327758805228008-429: The 1990s, the nomination and confirmation process has attracted considerable attention from the print press and electronic media , as news media often comments on the executive's selection for the appointment. Appointments of Chief Justices Saeeduzzaman Siddiqui , S.A. Shah , Iftikhar Chaudhry , Faisal Arab , and T.H. Jillani Saqib Nisar and Asif Saeed Khosa have gain prominent attention from media in all over
8162-499: The 26th Constitutional Amendment could significantly undermine the judiciary's independence, stating that "Constitutional reforms must be in line with international human rights law." The International Commission of Jurists (ICJ) similarly criticised the amendment, describing it as a "blow to judicial independence." However, it also acknowledged that some reforms to the judicial system were needed to enhance efficiency and accountability. In practice awarded by Constitution , judges of
8316-684: The Chief Justice Muh'd Shahabuddin , the Supreme Court had the conservative leanings in regards to the constitutionalism and their judgements in the cases of important issues. Chief Justice Shahabuddin plays a crucial role in drafting the second set of the Constitution of Pakistan which incorporated the liberal ideas with the important Islamic provisions. In 1960, President Ayub Khan appointed Justice Alvin Robert Cornelius who took much liberal approach in his jurisprudence when deciding cases on fundamental rights against
8470-601: The Chief Justice and two ad hoc judges who were reappointed again after their retirement. The ad hoc appointments are due to fill the Shariat Appellate Bench that is composed on legal scholars that has expertised on Islamic jurisprudence since its establishment in 1980. The ad hoc appointments for this bench are drawn either from the Federal Shariat Court or from among the Clergy . Decisions made
8624-468: The Chief Justice of Pakistan in 2007. Justice Qazi Faez Isa is of the Hazara descent who is currently serving as the Chief Justice of the Supreme Court. In January 2022, Ayesha Malik was sworn in as the first female Supreme Court judge. The jurists/judges do not represent or receive the official political endorsements from the nation's political parties which is an acceptable professional practice in
8778-636: The Commander, Eastern Command, surrendered and the members of the Armed Forces of Pakistan under his command laid down their arms and a ceasefire was ordered along the borders of West Pakistan". Initially, the commission was known as the War Enquiry Commission but gained notability as "Hamoodur Rehman Commission" across the country. The commission was led by its chairman, Chief Justice Hamoodur Rahman (a Bengali jurist), aided with
8932-638: The First report submitted by Chief Justice Hamoodur Rahman. The Commission interviewed 213 persons of interest that included former president Yahya Khan , Nurul Amin , Abdul Hamid Khan (Chief of Army), Abdul Rahim Khan (Chief of Air Force), Muzaffar Hassan (Chief of Navy), Bhutto, senior commanders, activists, journalists, and various political leaders. The Commission considered this initial report as "tentative" as it had not been able to interview many key people who were at that time POWs in India. The Commission stated: "our observations and conclusions regarding
9086-567: The Indian army) . Pakistan launched an air attack on India in the western border that resulted in the Indian intervention in East Pakistan, which led to the very bitter defeat of Pakistani forces, who surrendered on 16 December 1971. Consequently, the state of People's Republic of Bangladesh was born, and Bhutto and others condemned Yahya Khan for failing to protect Pakistan's unity. Isolated, Yahya Khan resigned on 20 December and transferred power to Bhutto, who became president, commander-in-chief, and
9240-458: The Multan meeting, scientists wondered why the President, who had much on his hands in those trying days, was paying so much attention to scientists and engineers in the nuclear field. At the meeting, Bhutto slowly discussed the recent war and the country's future, emphasizing the great mortal danger the country faced. As the academicians listened carefully, Bhutto stated, "Look, we're going to have
9394-413: The National Assembly passed the 26th Amendment in an hours-long, overnight session. Previously, the senior-most judge in the Supreme Court would automatically succeed as Chief Justice upon the retirement of the incumbent at age 65. Under the new amendment, the Chief Justice of Pakistan will now be nominated by a Special Parliamentary Committee from among the three most senior judges of the Supreme Court, with
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#17327758805229548-567: The People's Republic of China. Bhutto staunchly supported Beijing in the UN and the UNSC , while also maintaining connections with the United States. Bhutto's strong advocacy for closer ties with China drew criticism from the United States, with President Lyndon B. Johnson cautioning him about potential repercussions on congressional support for aid to Pakistan. Bhutto, known for his demagogic speeches, led
9702-538: The Round Table Conference called by Ayub Khan in Rawalpindi but refused to accept Ayub's continuation in office and Sheikh Mujibur Rahman 's Six point movement for regional autonomy. Following Ayub's resignation, his successor, General Yahya Khan promised to hold parliamentary elections on 7 December 1970. Under Bhutto's leadership, the democratic socialists , leftists, and Marxist - communists gathered and united into one party platform for
9856-402: The Supreme Court comes from an executive selection made by the Prime Minister based on judges' merited qualifications, personal intellectualism, and experiences as judge in high courts. The President then confirms the nomination summary and eventually appoints the Chief Justice and judges in the Supreme Court. The Constitution states that a nominee is not eligible unless they are: Since
10010-545: The Supreme Court greatly divided with Justice Dorab Patel , Justice G.S. Shah, and Justice Moh'd Haleem , who had the moderate and liberal leanings in their jurisprudence strongly disagreed with Bhutto's sentence of Capital punishment . On the other hand, Chief Justice Haq , Justice N.H. Shah , Justice Waheedudin Ahmad, and Justice Kaisar Khan, were described as having conservative/texualist ideology in their rulings and found Bhutto suitable for capital punishment; hence, marking
10164-417: The Supreme Court made when the quorum of Judges is not possible to complete the sitting number of justices in the court, or if it is necessary to increase the number of justices in the Supreme Court. The nomination comes directly from the Judicial Commission chaired by the Chief Justice who prepares the nomination summary as President confirms their appointments. As of current, there are two justices are on
10318-450: The Supreme Court to exercise powers and take sua sponte actions against the person, regardless of its statue, or the authority, of being disobedient to or disrespectful towards the Supreme Court, its justices, and its officers in the form of behavior that opposes or defies the Supreme Court's institutional integrity and popular authority. In 1997, Chief Justice S.A. Shah found Prime Minister Nawaz Sharif of contempt of court but
10472-423: The Supreme Court. In 1960, Justice Alvin Robert Cornelius became the first Christian to be served as Chief Justice , while George Constantine also served in the Court. In the 1970s–1980s, Justice Dorab Patel was the first Zorastrian , followed by Justice Rustom Sidwa who served as Supreme Court justice from 1989 until 1993. Justice Rana Bhagwandas was the first Hindu jurist who has distinction being
10626-489: The U.S. for providing military aid to India during and after the 1962 Sino-Indian War, seen as a breach of Pakistan's alliance with the United States. On Bhutto's counsel, Ayub Khan launched Operation Gibraltar in an attempt to "liberate" Kashmir. The operation failed, leading to the Indo-Pakistani War of 1965 . This war followed brief skirmishes between March and August 1965 in the Rann of Kutch , Jammu and Kashmir, and Punjab. Bhutto joined Ayub in Uzbekistan to negotiate
10780-433: The United Kingdom to study law at Christ Church, Oxford and received a BA in jurisprudence , followed by an LLM degree in law and an M.Sc. (honours) degree in political science. Upon finishing his studies, he served as a lecturer in international law at the University of Southampton in 1952, and he was called to the bar at Lincoln's Inn in 1953. In 1957, Bhutto became the youngest member of Pakistan's delegation to
10934-457: The United Nations. He addressed the UN Sixth Committee on Aggression that October and led Pakistan's delegation to the first UN Conference on the Law of the Sea in 1958. That year, Bhutto became Pakistan's youngest cabinet minister, taking up the reins of the Ministry of Commerce by President Iskander Mirza , pre- coup d'état government. In 1960, he was promoted to Minister of Water and Power , Communications and Industry . Bhutto became
11088-563: The University of California, Berkeley, Bhutto became interested in the theories of socialism, delivering a series of lectures on their feasibility in Islamic countries. During this time, Bhutto's father played a controversial role in the affairs of Junagadh. Coming to power in a palace coup, he secured the accession of his state to Pakistan, which was ultimately negated by Indian intervention in December 1947. In June 1950, Bhutto travelled to
11242-463: The West even at the expense of the separation of the East. However, Mujib still kept doors open for some sort of settlement in his speech of 7 March. Yahya started a negotiating conference in Dhaka, presumably to reach a settlement between Bhutto and Mujib. The discussion was expected to be "fruitful" until the president left for West Pakistan on the evening of 25 March. On that night of 25 March 1971,
11396-501: The act, the JCSC composed of a chairman, the Chief of Naval Staff , the Chief of Army Staff , and the Chief of Air Staff . It was mandated to have a collective responsibility of national defence and mechanism of plans based on joint objectives. The chairmanship was to be rotated between each inter-services, irrespective of the personal ranks in each service. The commission also stressed for
11550-561: The amendment's implications for judicial independence have been raised, supporters maintain that the changes aim to create a more efficient, accountable, and transparent judicial appointment process. Lawmakers from the opposition party the Pakistan Tehreek-e-Insaf (PTI), criticised the amendments as an effort to weaken the judiciary and called it a "black day" in Pakistan's constitutional history. United Nations Human Rights chief Volker Turk also expressed concern that
11704-535: The army before leaving on the 26th. While supportive of the army's actions and working to rally international support, Bhutto distanced himself from the Yahya Khan regime and began to criticize Yahya Khan for mishandling the situation. He refused to accept Yahya Khan's scheme to appoint Bengali politician Nurul Amin as Prime Minister, with Bhutto as deputy prime minister. Soon after Bhutto's refusal and continuous resentment toward General Yahya Khan's mishandling of
11858-606: The army initiated Operation Searchlight , which had been planned by the military junta of Yahya Khan, presumably to suppress political activities and movements by the Bengalis. Mujib was arrested and imprisoned in West Pakistan. Genocide and atrocities by the military against the Bengali population were alleged during the operation. Bhutto stayed in Dhaka on the night of 25 March and commented that Pakistan had been saved by
12012-432: The beliefs of his new party: "Islam is our faith, democracy is our policy, socialism is our economy. All power to the people." On 30 November 1967, at the Lahore residence of Mubashir Hassan , a gathering including Bhutto, political activist Sufi Nazar Muhammad Khan, Bengali communist J. A. Rahim , and Basit Jehangir Sheikh founded the Pakistan Peoples Party (PPP), establishing a strong base in Punjab, Sindh, and among
12166-508: The budget for the development of the programme. Wanting a capable administrator, Bhutto sought Lieutenant-General Rahimuddin Khan to chair the commission, which Rahimuddin declined, in 1971. Instead, in January 1972, Bhutto chose a U.S.-trained nuclear engineer , Munir Khan, as chairman of the Pakistan Atomic Energy Commission (PAEC). Bhutto realized he wanted an administrator who understood
12320-588: The capture of the Indian position of Ramgarh in the Rajasthan area (Western Front) was militarily unsound and haphazardly planned, and its execution resulted in severe loss of vehicles and equipment in the desert. In the supplementary report section in "Higher Direction of War act" of the HRC report, it strongly called for the establishment of Joint Chiefs of Staff Committee (JCSC) mechanism with headquartered in MoD . Per
12474-427: The case against Justice Shah's appointment who eventually resigned from his office and succeeded by conservative jurist Ajmal Mian , only to be replaced with conservative jurist Saeeduzzaman Siddiqui as the new Chief Justice. On 12 October 1999, the Supreme Court partially validated the martial law in the light of "doctrine of necessity" on the technicality but Chief Justice Saeeduzzaman Siddiqui decided to hear
12628-403: The case hearings after President Yahya Khan declared martial law and suspended the writ of the constitution. In the views of Chief Justice Rahman, the martial law was invalid and notably ruled that Yahya Khan's assumption of power was "illegal usurpation". The Supreme Court also overruled and overturned its convictions that called for validation of martial law in 1958. Despite rulings, there
12782-440: The cases in context in which it enjoys jurisdiction. In the court system of Pakistan , the Supreme Court is the final arbiter of legal and constitutional disputes as well as final interpreter of constitutional law , and the highest court of appeal in Pakistan. In its modern composition, the Supreme Court is incorporated of Chief Justice of Pakistan , sixteen justices and two ad hoc who are confirmed to their appointment by
12936-588: The circumstances surrounding the atrocities and 1971 war ", including the "circumstances in which the Commander of the Eastern Military Command , surrendered the Eastern contingent forces under his command laid down their arms." The commission's final report was very lengthy and provided an analysis based on extensive interviews and testimonies. Its primary conclusion was very critical of
13090-467: The composition of Supreme Court and the high courts but it does not specify the number of justices to be served in the Supreme Court. Qualifications to be served as a supreme court justice are strictly imposed that are based on merit, personal intellectualism, and experiences as a judge in the high courts. In 1947, the Supreme Court consisted of a Chief Justice and six senior judges from Sindh , Punjab , NWFP , Balochistan , and East Bengal . Over
13244-426: The conservative leaning jurists and elevated the judges who had known to have libertarian views in their jurisprudence at the Supreme Court, including Justice Irshad Hasan as Chief Justice. In 2002, The Supreme Court supervised the general elections successfully oversaw the transition of power from the office of Chief Executive to Prime minister . The legalization of Contempt of court act further strengthened
13398-471: The country, mainly due to their ideological and philosophical leanings. Furthermore, the major and influential recommendations for judges to be elevated at the Supreme Court as justices comes from the Judicial Commission that is chaired by the Chief Justice of Pakistan who prepares the qualification summary before the nomination sent to executive. There has been Ad hoc appointment in
13552-685: The creation of Pakistan—lay discredited, and Pakistan's foreign policy collapsed when no moral support was found anywhere, including long-standing allies such as the U.S. and China. However, this is disputed even by Bangladeshi academics who insist that the two-nation theory was not discredited. Since her creation, the physical and moral existence of Pakistan was in great danger. On the internal front, Baloch , Sindhi , Punjabi , and Pashtun nationalisms were at their peak, calling for their independence from Pakistan. Finding it difficult to keep Pakistan united, Bhutto launched full-fledged intelligence and military operations to stamp out any separatist movements. By
13706-452: The democracy required in Pakistan. Upon becoming foreign minister in 1963, his socialist stance led to a close relationship with neighboring China, challenging the prevailing acceptance of Taiwan as the legitimate government of China when two governments each claimed to be "China" . In 1964, the Soviet Union and its satellite states broke off relations with Beijing over ideological differences, with only Albania and Pakistan supporting
13860-536: The development. Bhutto's Science Advisor, Abdus Salam 's office was also set up in Bhutto's Prime Minister Secretariat. On Bhutto's request, Salam had established and led the Theoretical Physics Group (TPG) that marked the beginning of the nuclear deterrent program. The TPG designed and developed the nuclear weapons as well as the entire program. Later, Munir Ahmad Khan had him personally approved
14014-428: The end of 1978, these nationalist organizations were brutally quelled by Pakistan Armed Forces. Bhutto immediately placed Yahya Khan under house arrest, brokered a ceasefire, and ordered the release of Sheikh Mujib, who was held prisoner by the Pakistan Army. To implement this, Bhutto reversed the verdict of Mujib's earlier court-martial trial, in which Brigadier Rahimuddin Khan had sentenced Mujib to death. Appointing
14168-522: The end of December 1972, Salam returned to Pakistan with suitcases loaded with literature on the Manhattan Project . In 1974, Bhutto initiated a more aggressive diplomatic offensive on the United States and the Western world over nuclear issues. Writing to world and Western leaders, Bhutto conveyed: Pakistan was exposed to a kind of "nuclear threat and blackmail" unparalleled elsewhere.... If
14322-427: The executive authorities. In 1977, the Supreme Court had again legalized the martial law in the light of " doctrine of necessity " and denied taking petitions to review its decision. During this time, Supreme Court justices were described as notoriously conservative and only a few moderates, appointed by Prime Minister Zulfikar Ali Bhutto as his role as President in 1971–73. The Supreme Court, however, did take
14476-468: The executive branch of the government. As their American counterparts in the U.S. Supreme Court , the Jurists philosophical leanings in the Supreme Court are often categorized as conservative , moderate , liberal , and textualist that reflected in their judicial interpretation of the judgements in the impending cases of importance. In 1947, Governor-General Muhammad Ali Jinnah confirmed
14630-399: The executive overreach. Justice Cornelius led Supreme Court's verdicts on many constitutional cases were carefully sided with the Islamic ideas but provided much broader role of liberal ideas to safeguard the fundamental rights of the ordinary citizens while being critical of the state emergency . In 1968, the Supreme Court was greatly divided when Chief Justice Hamoodur Rahman presided
14784-424: The explicit de jure powers and enjoys the powerful judicial independence to block the exercise of certain Prime Minister 's executive powers or Parliament 's legislative powers that repugnant to Constitution . The Supreme Court has maintained its institutional integrity and has been able to maintain its authority to some degree in the face of martial law in Pakistan in last decades. In another example of
14938-417: The first and the supplementary report's findings accused the Pakistan Army of carrying out the senseless and wanton arson, killings in the countryside, killing of intellectuals and professionals and burying them in mass graves , killing of officers of East Pakistan Army and soldiers on the pretence of quelling their rebellion, killing East Pakistani civilian officers, businessmen and industrialists, raping
15092-402: The first civilian chief martial law administrator. Bhutto was the country's first civilian chief martial law administrator since 1958, as well as the country's first civilian president. With Bhutto assuming control, the leftists and democratic socialists entered the country's politics and later emerged as power players in the country's politics. And, for the first time in the country's history,
15246-617: The first report was classified to "save its [the military's] honour". In 1974, the Commission reopened its enquiry offering an opportunity to the prisoners of war who had been freed by India and Bangladesh by then and others repatriated from East Pakistan to furnish such information as might be within their knowledge and relevant to the purposes of the commission. Commission held an informal meeting at Lahore on 3 June 1974 to consider various preliminary matters and then decided to resume proceedings at Abbottabad from 16 July 1974. After
15400-455: The first time in Pakistan's history. The Socialist-Communist bloc, under Bhutto's leadership, intensified its support in Muhajir and poor farming communities in West Pakistan, working through educating people to cast their vote for their better future. Gathering and uniting the scattered socialist-communist groups in one single center was considered Bhutto's greatest political achievement and as
15554-709: The importance of Pakistan-German relations in a farewell speech at the University of Munich . Bhutto also visited Poland in 1962, establishing diplomatic relations and fostering mutual cooperation, reaching out to the Polish community in Pakistan . Using Pakistan Air Force 's Brigadier-General Władysław Turowicz , Bhutto initiated military and economic links between Pakistan and Poland. In 1962, as territorial differences escalated between India and China, Beijing considered staging an invasion in northern Indian territories. Premier Zhou Enlai and Mao invited Pakistan to join
15708-546: The inaugural session of the National Assembly . On 17 January 1971, President Yahya visited Bhutto at his baronial family estate, Al-Murtaza, in Larkana, Sindh, accompanied by Lt. General S. G. M. Pirzada, Principal Staff Officer to President Yahya, and General Abdul Hamid Khan, Commander-in-Chief of the Pakistan Army and Deputy Chief Martial Law Administrator. On February 22, 1971, the generals in West Pakistan took
15862-598: The inquiry was completed, the War Report was finally declassified in Pakistan by President Musharraf. Former Pakistan Chief of Army Staff (COAS) General Qamar Javed Bajwa blamed the 1971 Bangladesh war debacle on the country's politicians. Former Pakistan PM and PTI founder Imran Khan urged the nation to read Hamoodur Rahman Commission Report to know who was responsible for East Pakistan debacle. Supreme Court of Pakistan The Supreme Court of Pakistan ( Urdu : عدالتِ عظمیٰ پاکستان ; Adālat-e-Uzma Pākistān )
16016-410: The investigation resumed in 1974 the commission interviewed with seventy–three more East Pakistani bureaucrats and high-ranked military personnel. The Commission examined nearly 300 witnesses in total, hundreds of classified documents and military signals between East and West Pakistan. The supplementary report is heavily based on testimonies provided by the returning POWs and their families but held
16170-425: The judgement of the Supreme Court's senior judges in regards to the elections. The case was later dropped when Attorney-General assured the Supreme Court justices that Imran Khan did not insubordinate the judiciary. Pakistani politicians have historically voiced concerns over judicial involvement in governance, often calling for a recalibration of power between the judiciary and the legislature. On 21 October 2024,
16324-542: The judiciary's previous involvement in political matters had, at times, led to decisions undermining elected governments and democracy itself. The change prompted criticism and concern over its potential impact on judicial independence. Former Sindh High Court Bar Association president Salahuddin Ahmed shared a statement from the Karachi Bar Association that criticised the amendment's passage, calling it
16478-708: The justices are often categorized as having the conservative , textual , moderate , and liberal philosophies of law in their judicial interpretation of law and judgements. The Supreme Court has a permanent seat in Islamabad and meets at the Supreme Court Building at the Red Zone . In 1861, the British government in India enacted the Indian High Courts Act that created
16632-534: The leftists and democratic socialists had a chance to administer the country with the popular vote and widely approved exclusive mandate, given to them by the West's population in the 1970s elections. In a reference written by Kuldip Nayar in his book " Scoop! Inside Stories from the Partition to the Present ", Nayar noted that "Bhutto's releasing of Mujib did not mean anything to Pakistan's policy as in if there
16786-463: The light of political events in 1971, military aspects , surrender in East Pakistan and the aspects in morality . The Commission found that when the tales of slaughtering of Western Pakistanis reached to Pakistani soldiers stationed in East , they reacted violently, and in the process of restoring the authority of the government , committed severe excesses on the local Bengali population. Both
16940-553: The lust for wine and women and greed for lands and houses, a large number of senior army officers, particularly those occupying the highest positions, had lost not only their will to fight but also their professional competence." The report said Pakistan's military ruler at the time, General Yahya Khan , who stepped down after Pakistan's defeat in December 1971, "permitted and even instigated" the surrender, and it recommended that he be publicly tried along with other senior military colleagues. The report accused General Yahya Khan, of being
17094-445: The military physicals, tradition, and their syllabus and training agenda as well as promoting the sense of democratization environment in the political system of the country. The first report is never published and kept as highly classified documents because of its potentially adverse effects on the military's (at that time) low-institutional morale and fear of a backlash . The government and Zulfikar Ali Bhutto himself maintained that
17248-476: The necessary lessons from these tragic events and that effective and early action will be taken in the light of the conclusions reached. The supplementary report was submitted by Chief Justice Hamoodur Rahman to Prime Minister Zulfikar Ali Bhutto on 23 October 1974. Bhutto classified the report because, according to journalist Salil Tripathi , he was concerned that it would demoralize the military and might trigger unrest therein. In 1976, Rahman asked Bhutto what
17402-400: The need of stronger deterrence of the country against the foreign intrusions and makes more thoughtful recommendations about the defense of the country as a whole. The Commission called for restoring the rule of law according to the Constitution and establishing the writ of government through the Constitution . In the end, the commission opined in the report that the nation would learn
17556-452: The ninth prime minister of Pakistan from 1973 to 1977. Bhutto founded the Pakistan People's Party (PPP) and served as its chairman until his execution for murder. Born in Sindh into a Sindhi Rajput family and educated at the University of California, Berkeley and the University of Oxford , Bhutto trained as a barrister at Lincoln's Inn before entering politics . Initially, he was
17710-442: The nomination of Justice Sir Abdul Rashid , at the behest of Prime Minister Liaquat Ali-Khan , was said to be a national conservative leanings in his judgement. His successor, Chief Justice Muh'd Munir , was a liberal in his jurisprudence but sided with conservative judgement when validated dissolution of the first Constituent Assembly in 1954 and the National Assembly in 1958 in the light of doctrine of necessity . Under
17864-481: The office of prime minister instead. Bhutto, the founder of Pakistan's atomic bomb program, earned the title "Father of Nuclear Deterrence" due to his administration and aggressive leadership of this program. Bhutto's interest in nuclear technology began during his college years in the United States, attending a political science course discussing the political impact of the U.S.'s first nuclear test, Trinity , on global politics. While at Berkeley, Bhutto witnessed
18018-620: The only trials held by the Judge Advocate General in the light of the Hamoodur Rahman Commission in 1972. President Pervez Musharraf reportedly commented in October 2000 that the incidents in 1971 were a political as well as a military debacle, and that calls for the military generals to be tried were not fair. Subsequently, Bangladesh requested a copy of the report. In December 2000, 29 years after
18172-403: The order itself was voided by the Supreme Judicial Council . In 2012, Chief Justice Iftikhar Chaudhry retroactively barred Prime Minister Yousaf Raza Gillani of holding the office after the latter was found of in charges of court of contempt and refusing to follow the court's orders. In 2013, the Supreme Court took suo motu actions against populist Imran Khan of criticising against
18326-424: The people living in remote areas in the country, while keeping the civil registry of the people. There are five registry of the supreme court: Islamabad, Karachi, Lahore, Peshawar, and Quetta. Zulfikar Ali Bhutto Zulfikar Ali Bhutto (5 January 1928 – 4 April 1979) was a Pakistani barrister, politician, and statesman. He served as the fourth president of Pakistan from 1971 to 1973 and later as
18480-406: The petitions over the legality of the martial law. Although, the Supreme Court had only validated the martial law for three-years only, the Supreme Court's jurists and Justice Saeeduzzaman Siddiqui in clear view of this coup as a "violation of constitution" as Sharif's lawyers made a ground base for finding Musharraf of treason. General Musharraf, acting as Chief Executive , forcefully retired
18634-439: The petitions to review the case of Zulfikar Ali Bhutto , after his counsels filed an appeal against the verdict of Lahore High Court . The Constitution Bench formed under Chief Justice Sh. Anwarul Haq , had contained Justice Muhammad Akram, Justice Dorab Patel , Justice Mohammad Haleem , Justice Nasim Hasan Shah , Justice Ghulam safdar Shah, Justice Kareem Illahi, Justice Waheedudin Ahmad, and Justice Kaisar Khan. By 1979,
18788-465: The provinces, presidencies, and the Government of India Act 1935 , often hearing appeals against judgements of the High Courts. After the partition of India in 1947, the Federal Court was also partitioned between India and Pakistan as Justice Sir Harilal Kania became the first Chief Justice of India and Justice Sir Abdul Rashid becoming the first Chief Justice of Pakistan . While
18942-501: The public panic when the Soviet Union first exploded their bomb, codenamed First Lightning in 1949, prompting the U.S. government to launch their research on 'hydrogen' bombs . However, in 1958, as Minister for Fuel, Power , and National Resources , Bhutto played a key role in setting up the Pakistan Atomic Energy Commission (PAEC) administrative research bodies and institutes. Soon, Bhutto offered
19096-473: The raid to reclaim the State of Jammu and Kashmir from India. Bhutto supported the plan, but Ayub opposed it due to fears of Indian retaliation. Instead, Ayub proposed a "joint defense union" with India, shocking Bhutto, who felt Ayub Khan lacked understanding of international affairs. Bhutto, aware of China's restraint from criticizing Pakistan despite its membership in anti-communist western alliances, criticized
19250-616: The release of Pakistani soldiers held by India, Bhutto was criticized by many in Pakistan for allegedly making too many concessions to India. It is theorized that Bhutto feared his downfall if he could not secure the release of Pakistani soldiers and the return of territory occupied by Indian forces. Bhutto established an atomic power development program and inaugurated the first Pakistani atomic reactor , built in collaboration with Canada in Karachi on 28 November. On 30 March, 59 military officers were arrested by army troops for allegedly plotting
19404-617: The role of Pakistan's military interference, the misconduct of politicians as well as the intelligence failures of the Inter-Services Intelligence (ISI) and the Federal Investigation Agency (FIA), which permitted the infiltration of Indian agents all along the borders of East Pakistan. Originally, there were 12 copies of the report. These were all destroyed; except the one that was handed over to Government who disallowed its publication at
19558-489: The salary, other allowances, leave of absence, pension, etc. of the Supreme Court justices. A Supreme Court justice gets ₨. 558,907.00 ( $ 5,333.85) with additional allowances of ₨. 259,009.00 ( $ 2471.81). Other benefits include the free housing and medical treatment as well as tax-free electricity bills. A judge who has retired as a justice of the Supreme Court is debarred from practising in any court of law or before any other authority in Pakistan. The Supreme Court has
19712-434: The scientific and economic needs of this technologically ambitious program. Since 1965, Munir Khan had developed an extremely close and trusted relationship with Bhutto, and even after his death, Benazir and Murtaza Bhutto were instructed by their father to keep in touch with Munir Khan. In the spring of 1976, Kahuta Research Facility , then known as Engineering Research Laboratories (ERL), as part of codename Project-706 ,
19866-554: The several successive years, the work of the Court increased and cases began to accumulate, leading the Supreme Court requesting the Parliament to increase the number of judges. As the number of the justices has increased, they sit in smaller benches of two or three (referred to as a division bench ), however, coming together in larger benches of five or more (referred to as a constitution bench) when required to settle fundamental questions of law. The nomination of justices in
20020-469: The signing of a Pakistani surrender after the military intervention of India. Upon consolidating the power , President Zulfikar Ali Bhutto announced to form the Commission under the Supreme Court 's senior justices in December 1971. Constituted upon the request from the President, the Commission conducted evaluated and analytical studies to inquire into and find out "the circumstances in which
20174-573: The situation, Khan ordered Military Police to arrest Bhutto on charges of treason , quite similar to Mujib. Bhutto was imprisoned in the Adiala Jail along with Mujib, where he was set to face the charges. The army crackdown on the Bengalis of East Pakistan fueled an armed resistance by the Mukti-Bahini (a guerrilla force formed for the campaign of an independent Bangladesh and trained by
20328-413: The status of India's nuclear program . Bhutto stated, "Pakistan will fight, fight for a thousand years. If India builds the (atom) bomb, Pakistan will eat grass or leaves, even go hungry, but we (Pakistan) will get one of our own (atom bomb).... We (Pakistan) have no other choice!" In his 1969 book The Myth of Independence, Bhutto argued for the necessity of Pakistan acquiring a fission weapon and starting
20482-425: The status of the Indian nuclear programme and the options for Pakistan to develop its own nuclear capability. Both agreed on the necessity for Pakistan to establish a nuclear deterrent against India. Although Munir Khan had failed to convince Ayub Khan, Bhutto assured him, " Don't worry, our turn will come ." Shortly after the 1965 war, Bhutto declared at a press conference, " Even if we have to eat grass, we will make
20636-476: The supplementary report, was submitted on 23 October 1974, showed how political, administrative, military and moral failings were responsible for the surrender of Pakistani forces in East Pakistan. It remained classified and its contents were guessed from the revealing of different military officers. The report was organized into Five Chapters and an annexure. The commission challenged the claims by Bangladeshi authorities that 3,000,000 Bengalis had been killed by
20790-461: The supreme court have been selected so far, mostly from amongst judges of the high courts. The Constitution allows the judges to be appointed at the Supreme Court regardless of colour, race, and religious sect. Justices A.S.M. Akram , Fazal Akbar , Amin Ahmed , Abdus Sattar , Hameedur Rahman , and Hamoodur Rahman (Chief Justice) were the Bengali / Bihari jurists who served as senior justices in
20944-463: The surrender in East Pakistan and other allied matters should be regarded as provisional and subject to modification in the light of the evidence of the Commander, Eastern Command, and his senior officers as and when such evidence becomes available." Initially, the commission interviewed 213 people and made 12 copies of the report. One of the copies was given to President Bhutto and the rest were either destroyed or were stolen. The first report recognized
21098-600: The time. In 2000, parts of the commission report were leaked to Indian and Pakistani newspapers . The full report was thought to be declassified by the government in 2000, along with other reports concerning the year 1971. However, it was reported that the supplementary report based on testimonies of prisoners of war (POWs) was published, and the key portion of the report concerning the political and military issues remained classified and marked as " Top secret ." In 1971, East Pakistan seceded from Pakistan and declared independence as Bangladesh. The resulting civil war ended with
21252-434: The tradition of British law culture continues to remain an integral part of the judiciary, the modern existence of the Supreme Court of Pakistan came when the first set of the Constitution of Pakistan was promulgated on 23 March 1956. The ratification of the Constitution of Pakistan reestablished the Supreme Court in 1956, replacing the name "Federal Court" to "Supreme Court", initially had its seat in Karachi where
21406-500: The use of force. Five additional Lieutenant-Generals and three Brigadier-Generals were recommended to be tried for willful neglect of duty. These were Lieutenant-Generals included A.A.K. Nazi , Mohammad Jamshed, M. Rahim Khan, Irshad Ahmad Khan, B.M. Mustafa and Brigadier-Generals G.M. Baquir Siddiqui, Mohammad Hayat and Mohammad Aslam Niazi. According to the Commission General Mustafa's offensive plan aimed at
21560-505: The view that courts should not act solely on compassion but instead prioritize upholding the rule of law . The justices and jurists of the supreme court are set to retire at the age of 65, unless the jurists sooner resign or are removed from office, or records written reasons for deviating from this rule in accordance with the Constitution . By an act of parliament of 1997, there is a fixed number of justices at 17 and, as of current, there are currently sixteen judges and one vacancy that
21714-487: The world's community failed to provide political insurance to Pakistan and other countries against nuclear blackmail, these countries would be constrained to launch atomic bomb programs of their own!... Assurances provided by the United Nations were not "Enough!"... Roughly two weeks after the 1971 winter war , on 20 January 1972, Bhutto convened a conference of nuclear scientists and engineers at Multan . While at
21868-548: The worst crisis in our country's life, a deadly crisis. We have to pick up the pieces, very small pieces, but we will make a new Pakistan, a prosperous and progressive Pakistan, a Pakistan free of exploitation, a Pakistan envisaged by the Quaid-e-Azam . As president, Bhutto faced mounting challenges on both internal and foreign fronts. The trauma was severe in Pakistan, a psychological setback and emotional breakdown for Pakistan. The two-nation theory —the theoretical basis for
22022-416: Was a split decision between the moderate justices, including Chief Justice Rahman, and conservative leaning justices of the Supreme Court who "condoned" the actions in the light of " doctrine of necessity ". The de jure powers of the Supreme Court have increased since presiding the War Enquiry Commission in 1974, intervening in the events that Supreme Court justices viewed as violation of human rights by
22176-461: Was arranged with Shireen Amir Begum. In 1947, Bhutto was admitted to the University of Southern California to study political science. In 1949, as a sophomore, Bhutto transferred to the University of California, Berkeley , where he earned a B.A. (honours) degree in political science in 1950. A year later on 8 September 1951, he married a woman of Iranian Kurdish origin—Nusrat Ispahani, popularly known as Begum Nusrat Bhutto . During his studies at
22330-419: Was being done about the report. Bhutto replied that the report was missing; it was either lost, or stolen, and was nowhere to be found. Upon hearing the fate of the report, Chief Justice Rahman asked the Chief of Army Staff General Zia-ul-Haq for the apprehension of the report who also commented that the original report is nowhere to be found, and nobody knows where the report actually went missing– either at
22484-517: Was implemented by Pakistan Army's Chief of Army Staff General Tikka Khan . The Karachi Nuclear Power Plant (KANUPP-I) was inaugurated by Bhutto during his role as the President of Pakistan at the end of 1972. The nuclear weapons program was set up loosely based on the Manhattan Project of the 1940s under the administrative control of Bhutto. Senior academic scientists had direct access to Bhutto, who kept him informed about every inch of
22638-419: Was no liberation war. Bhutto's policy, and even as of today, the policy of Pakistan continues to state that "she will continue to fight for the honor and integrity of Pakistan. East Pakistan is an inseparable and unseverable part of Pakistan". When Bhutto set about rebuilding Pakistan, he stated his intention was to "rebuild confidence and rebuild hope for the future". A Pakistan International Airlines flight
22792-415: Was reported that around 213 officials were interviewed and testified, including Yahya Khan and Zulfikar Ali Bhutto . In 1974, the Commission again resumed its work and interviewed 300 freed POWs and recorded 73 more bureaucrats' testimonies that served on government assignments in East Pakistan. Note that the list of interviewees is incomplete. In July 1972, President Zulfikar Ali Bhutto reviewed
22946-694: Was sent to fetch Bhutto from New York City, where he was presenting Pakistan's case before the United Nations Security Council on the East Pakistan Crisis. Bhutto returned home on 18 December 1971. On 20 December, he was taken to the President House in Rawalpindi, where he took over two positions from Yahya Khan, one as president and the other as the first civilian Chief Martial Law Administrator. Thus, he
23100-470: Was the dewan of the princely state of Junagadh and enjoyed an influential relationship with the officials of the British Raj . His mother Khursheed Begum was born Lakhi Bai; and had been a professional dance girl into a Hindu family but converted to Islam when she married Shah Nawaz. Reportedly, Shah Nawaz Bhutto had seen her dancing; and had proposed her, eventually marrying her. Zulfikar
23254-405: Was the first civilian Chief Martial Law Administrator of the dismembered Pakistan. By the time Bhutto had assumed control of what remained of Pakistan, the nation was completely isolated, angered, and demoralized. Bhutto addressing the nation through radio and television said: My dear countrymen, my dear friends, my dear students, labourers, peasants... those who fought for Pakistan... We are facing
23408-612: Was the supplementary report that was presumably published. Soon after the revelation, the India Today willfully suppressed its own publications as if the surrender was its own scandal. No action was ever taken based on the report, the report was classified and its publication disallowed at the time. Yahya Khan died in 1980, but some of his key colleagues were living in retirement on pensions as of 2000. Tikka Khan , A.A.K. Niazi , and Rao Farman Ali all died in 2004. Trials of Gul Hassan , Abdul Rahim Khan , and Muzaffar Hassan were
23562-574: Was their third child—their first one, Sikandar Ali, had died from pneumonia at age seven in 1914, and the second, Imdad Ali, died of cirrhosis at age 39 in 1953. As a young boy, Bhutto moved to Worli Seaface in Bombay to study at the Cathedral and John Connon School , later St. Xavier's College, Mumbai . He then also became an activist in the Pakistan Movement . In 1943, his marriage
23716-443: Was then that one of the junior scientists, Siddique Ahmad Butt (a theoretical physicist ), who, under Munir Khan's guiding hand, would come to play a major role in making the fission weapon possible, jumped to his feet and clamored for his leader's attention. Siddique Ahmad Butt replied, "It can be done in three years". When Bhutto heard Butt's reply, he was very much amused and said, "Well.... Much as I appreciate your enthusiasm, this
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