Whatsapp

" JUDICIAL REFORMS JUDICIAL REFORMS   [Lecture Delivered on 5th May, 1999 before the Forum of Karachi Policy Group.]   By   Prof. Habib‑ur‑Rehman, Advocate, Karachi   Judicial Reforms, as the topic indicates, is synonymous of judicial activism, judicial review, judicial independence, rule of law, all that the social structure demands of its people in a given territory defined a country or nation having recognition De Jure by the comity of nation being independent and has reached a democratic status.   Pakistan came into existence on 14th August, 1947, by virtue of India Independence Act, 1947 (II) and was to be governed by Government of India Act, 1935, mutatis mutandis. After 7 years of its independence, in 1954, Constituent Assembly formulated the first draft of the Constitution which did not suit the then Governor‑General, Ghulam Muhammad, who sacked the Government and dissolved the Constituent Assembly on the ground of its being unrepresentative in nature.   The step so taken was challenged in the case of Moulvi Tamizuddin Khan v. Federation of Pakistan, PLD 1955 Sindh 96, the then Chief Court Sindh issued the writs declaring Governor‑General's action illegal. On appeal, the Federal Court under 'Federation of Pakistan v. Moulvi Tamizuddin Khan, PLD 1955 Federal Court 240, reversed the findings. This was the first case in the history which lead to the judicial deterioration of the impact on the people by which the political trend had taken a diverse effect of polarization of the society by which the judiciary had met with set back and lost its strong impact on the Government and the people, of which the repercussion is felt, today; and to be fair, with respect, it can be said that the democracy and social justice…