Rana Bhagwandas

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Rana Bhagwandas
Rana Bhagwandas


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In office
24 March 2007 – 20 July 2007
Preceded by Javaid Iqbal (Acting Chief Justice of Pakistan)
Succeeded by Iftikhar Muhammad Chaudhry
Born 20 December 1942 (1942-12-20) (age 65)
Pakistan
Nationality Flag of Pakistan Pakistani


Honourable Mr. Justice (R) Rana Bhagwandas (b. December 20, 1942), a highly respected name of the Pakistani judiciary was a senior judge and former acting chief justice of the Supreme Court of Pakistan. He remained the acting CJP during the 2007 judicial crisis in Pakistan and also briefly became the acting Chief Justice of Pakistan when the incumbent Iftikhar Muhammad Chaudhry went on foreign tours in 2005 and 2006[1], and thus became the first Hindu and the third non-Muslim to serve as chief of the highest court in Pakistan. [2]

Contents

[edit] Early life

Rana Bhagwandas was born on December 20, 1942 into a Hindu family in Naseerabad, Larkana District (now Qamber Shahdadkot District) in Sindh. He studied law and received a Masters degree in Islamic studies. [2] He joined the bar in 1965 and after two years of practising law, joined the Pakistani Judicial System in 1967. [3] Later, he became a sessions judge, and subsequently, a judge of the Sindh High Court.[4] He is not a fan of cricket, but remains a supporter of the Pakistan cricket team[5].

[edit] Judicial career

Rana Bhagwandas was promoted to the Sindh High Court in 1994. In 1999, his appointment to the superior judiciary was challenged by a constitutional petition (no. 1069/1999) against the Government of Pakistan and Judge Bhagwandas. The petition demanded that the judicial bench consisting of Judge Bhagwandas should be declared unconstitutional because of Bhagwandas' religion, claiming that only Muslims can be appointed to the superior judiciary.[6] The petition was rejected, and the petitioner was condemned by other judges of the high court and by a significant number of lawyers.[7]

In 2000, he joined the Supreme Court of Pakistan after taking an oath of allegiance to Musharraf's administration unde the PCO.[8]. Justice Bhagwandas took strong note of a kidnapping case involving a girl in NWFP forced to be a prostitute for four years. [9] A believer in the sanctity of the Constitution of Pakistan and its legal system, Bhagwandas maintains that the law is equal for all religious communities in Pakistan. While staunchly defending Pakistan's society and legal system against charges of bias and suppression of minorities, Bhagwandas is also a vocal opponent of the practice of honour killings of women in the provincial rural areas.

For the 2006-2007 judicial year, Justice Bhagwandas is a member of the second bench of justices which also is home to Justice Nasir ul-Mulk and Justice Syed Jamshed Ali [10].

On September 28, 2007, in a 6-3 vote the court, Judge Rana Bhagwandas presiding, ruled: "These petitions are held to be non-maintainable but he was among the three dissenting judges who thought that Gen. Musharraf should relinquish army chief's post." The judgment removed obstacles to Pervez Musharraf's election bid but gave Bhagwandas more honour and respect in the country. [11]

[edit] Acting Chief Justice

On March 9, 2007, Pakistan President General Pervez Musharraf declared Chief Justice Chaudhary "non-functional" [12] and forwarded a reference against him to the Supreme Judicial Council (SJC) of Pakistan. While Justice Bhagwandas should have taken his place as Acting Chief Justice, but his whereabouts remained untraceable and it was said that he's on a foreign tour of India. On March 15, 2007 a petition was filed in the Supreme Court urging the Pakistan Government to declare his whereabouts[13]. He returned home on March 23. He was aware of events transpiring in Pakistan and on his return from India, he assumed the office of the acting CJP from 24 March to 20 July 2007 till the SCP full court restored justice Iftikhar Muhammad Chaudhry.[14]

Earlier, justice Bhagwandas had also served as acting Chief Justice - first in 2005 while Chief justice Iftikhar Chaudhry was on a ten day trip to the People's Republic of China and then again in December 2006[1] when the latter was on a Haj pilgrimage. He was the first Hindu and the third non-Muslim (after A. R. Cornelius and Dorab Patel) to serve in this post.[15]. On February 8, 2005 Chief Justice Rana Bhagwandas was honoured with "Siropa" (robe of honour) during his maiden visit to Harimandir Sahib in Amritsar, India. He was on a private visit to Amritsar, Ropar and Chandigarh with Justice Khalil-ur-Rehman Ramday, another judge of the Pakistan Supreme Court and his wife. It is not clear if Bhagwandas will actually succeed Chief Justice Iftikhar Chaudhry though; Bhagwandas is slated to retire in December 2007, after attaining the age of 65, while Chaudhry's retirement is slated for 2013 [16].

On December 28, 2006 Bhagwandas became acting judge again while the Chief Justice Chaudhury was on Hajj.[17]

[edit] Quotes

  • "The law is equal for everyone. It provides for equal treatment and equal protection."[18]

[edit] References

  1. ^ a b Hindu judge to act as Pak Chief Justice - The Times of India 28 Dec, 2006.
  2. ^ a b Hindu named Pakistan's Chief Justice - Rediff, September 1, 2005.
  3. ^ Biography - Supreme Court of Pakistan
  4. ^ Acting Pak CJ’s kin denied entry at Wagah, The Tribune, Chandigarh, India, March 30, 2006.
  5. ^ 'The law is equal for everyone in Pakistan', Rediff News, India, February 14, 2006.
  6. ^ Pakistan - Attacks on Justice 2000 - Pakistan, International Commission of Jurists, August 13, 2001.
  7. ^ Acting Chief Justice of Pak visits Darbar Sahib, News, Govt. of Punjab, India. March 2006.
  8. ^ Pakistan - Attacks on Justice 2002 - Pakistan - International Commission of Jurists - July-August 2002
  9. ^ SC directs probe in girl kidnapping case Jang, July 2005
  10. ^ SC new judicial year from 9/11 - The Nation - September 10, 2006
  11. ^ CNN, Musharraf wins ruling on army role
  12. ^ CJ Suspened, escorted home Dawn - March 9, 2007
  13. ^ Petition in SC on Bhagwandas Dawn - March 15, 2007
  14. ^ Bhagwandas meditating in Indian Ashram Dawn - March 20, 2007.
  15. ^ Bhagwandas, known star of Pak judiciary DNA world
  16. ^ Rana Bhagwandas takes oath as acting CJ todayOnline news - September 18, 2006
  17. ^ The Indian Express - December 28, 2006
  18. ^ The law is equal for everyone in Pakistan Rediff interview - February 14, 2006


Preceded by
Acting CJ Javaid Iqbal. (Legally Justice Iftikhar Muhammad Chaudhry was CJP. Non-Functional from 09 March 2007 until Supreme Court Verdict of 20 July 2007).		 Chief Justices of Pakistan Succeeded by
Iftikhar Muhammad Chaudhry. (Legally Justice Iftikhar Muhammad Chaudhry was CJP. Non-Functional from 09 March 2007 until Supreme Court Verdict of 20 July 2007).


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Chief Justice of Pakistan
Post-independence
Military rule (1956-1971)
Bhutto era (1971-1977)
Zia-ul-Haq era (1977-1988)
Haq  · Haleem
Democratic period (1988-1999)
Zullah  · Shah  · Ali Shah  · Mian
Musharraf era (1999-present)
S. Siddiqui  · Khan  · Jehangiri  · Ahmad  · N. Siddiqui  · Chaudhry  · Iqbal (a)  · Bhagwandas (a)  · Chaudhry  · Dogar
(a) acting