Law and Justice
National Judicial Policy Making Committee (NJPMC) holds Meeting
A meeting of the National Judicial (Policy Making) Committee, (NJPMC), was held under the Chairmanship of Hon’ble Mr. Justice Gulzar Ahmed, Chief Justice of Pakistan/Chairman, NJPMC, in Committee Room, Supreme Court of Pakistan, Islamabad.
On special invitation, the meeting was graced by Hon’ble Mr. Justice Mushir Alam, Senior Puisne Judge, Supreme Court of Pakistan, Hon’ble Mr. Justice Umar Ata Bandial, Judge, Supreme Court of Pakistan, and Hon’ble Mr. Justice Ijaz Ul Ahsan, Judge, Supreme Court of Pakistan. The meeting was attended by the Hon’ble Members of the NJPMC, including Hon’ble Chief Justice, Federal Shariat Court, Mr. Justice Muhammad Noor Meskanzai, Hon’ble Mr. Justice Ahmed Ali M. Shaikh, Chief Justice, High Court of Sindh (participated in the meeting through video linking), Mr. Justice Waqar Ahmad Seth, Chief Justice, Peshawar High Court, Mr. Justice Athar Minallah, Chief Justice, Islamabad High Court, Mr. Justice Jamal Khan Mandokhail, Chief Justice, High Court of Balochistan and Mr. Justice Muhammad Qasim Khan, Chief Justice, Lahore High Court.
Dr. Muhammad Raheem Awan, Secretary, National Judicial (Policy Making) Committee (NJPMC) convened the meeting. Furthermore, on special invitation, Dr. Zafar Mirza, Special Assistant to Prime Minister for Health and Dr. Khurram Shahzad Akram, Incharge Judges Medical Centre, also attended the meeting.
The Hon’ble Chief Justice of Pakistan/Chairman, NJPMC welcomed the participants and remarked that the prevailing situation on Corona Virus (COVID-19) in the country requires special attention and practical actions. He further remarked that the Supreme Court of Pakistan has already issued instructions regarding preventive measures to minimize the spread of contagion COVID-19. The Hon’ble Chair mentioned that Dr. Zafar Mirza, Special Assistant to Prime Minister for Health, has been specially invited for apprising the Committee regarding various measures taken by the Federal Government to curb the Coronavirus in the Country.
The Hon’ble Chief Justice of Pakistan further remarked that we will not compromise on our judicial system and not let it be derailed by getting panicked as people of Pakistan have great deal of confidence on judicial system so we will never disappoint them. The apex judiciary of the country will ensure and take all the necessary preventive measures for health and safety of our judges, court staff, lawyers, litigants and other justice sector stake holders up to the district and tehsil levels.
Hon’ble Chairman, NJPMC, said that detailed instructions have already been issued to all High Courts to take all possible preventive measures by way of case management to ensure that the Court Rooms are not crowded and physical contact between individuals attending Courts is avoided. The Supreme Court of Pakistan has been and will continue to monitor implementation of such measures. The Secretary, NJPMC, briefed the Committee about the prevailing situation on Corona Virus in the country.
The Secretary also apprised the Committee about preventive measures taken by the august Supreme Court of Pakistan to curb the virus, which include avoiding hand shake, regular use of fumigation and disinfectant for cleaning of court premises/offices, cafeterias, Bar rooms, libraries, mosques and committee room, etc. After deliberations, the Committee unanimously resolved that instructions/guidelines issued by the Supreme Court of Pakistan, shall be adopted by the Federal Shariat Court and High Courts upto the District and Tehsil Courts. Besides, the same may also be forwarded to the superior Judiciary of Azad Jammu and Kashmir and Gilgit-Baltistan. The Committee also deliberated upon and directed that the jail inmates (prisoners) shall be protected from being exposed to the risk of coronavirus/infection without denial of their right of family meetings, however, authorities will make sure to adopt precautionary measures and regulate the procedure of meetings. The Committee also deliberated upon likelihood of jail inmates to be exposed to coronavirus coming from outside, therefore, visitors visiting jail premises should be examined and properly screened to avoid any threat of infection of coronavirus to the prisoners, if any of the prisoner found infected he will be quarantined within jail premises without any delay from the premises.
The NJPMC unanimously resolved to adopt all these SoPs issued by the Supreme Court of Pakistan, which would be applicable on all the Courts. It is further decided that courts will remain open at all levels by reducing the judicial work load, so that the people working in the courts or visiting shall not be exposed to any risk of getting affected by virus. Therefore, people are urged not to unnecessarily visit court premises unless specifically required by any court. It is further resolved that protocol of health and hygiene would be ensured and adopted.
In this regard like High Courts, District Courts will also reduce the work by hearing urgent matters and discouraging the entry of general public, as well as, assure to conduct screening tests of all persons entering in the Court premises. It is also resolved that no adverse order against any party would be passed in the courts in default i.e. non-prosecution or ex-parte order, etc. The Special Assistant to Prime Minister for Health informed the Committee that the issues like National Health Policy, Coordination, Research and Development, etc., devising guidelines regarding health emergencies and global representations, resides with the Federal Government.
Further informed that in the National Institute of Health, Islamabad, a surveillance unit has been established while there are similar units also operational in the Country and symptoms of Corona Virus are not disease specific. Moreover, the Virus has entered into Country from outside. Whereas, in few days, the Federal Government would import kits which would be made available to the Public Sector Health institution free of cost, moreover, the said free kits will be provided for conducting tests of specified categories of individuals free of cost to the eminent private sector hospitals and diagnostic centers.
The Special Assistant to the Prime Minister for Health further informed that in the 32nd Meeting of the National Security Committee, dated 13th March, 2020, it was decided that the National Disaster Management Authority would be the lead operational agency of the Federal Government and would coordinate its efforts with the provincial and district authorities for implementation of preventive and curative actions.
He further informed that the Federal Government Hospital, Islamabad, near to the National Institute of Health, Chak Shahzad, Islamabad, is being dedicated to combat Corona Virus. Moreover, the private sector is also coming forward to help the government to combat the Corona Virus. It was further resolved that the Crisis Management Committees would be formed by the respective High Courts to liaison with the concerned authorities for devising mechanism for safe guarding general public, litigants, lawyers, etc., from the spread of Corona Virus in the Federal Shariat Court and respective High Court premises, while for the District Judiciary the Hon’ble Chief Justice, High Courts would devise uniform plan/SoPs after consulting with the respective Administrative Committees, District and Sessions Judges and Bars.
Besides, the High Courts shall decide suitable protocol for type of urgent cases to be fixed for hearing, the number of Judges to hold Court, the duration of their sessions held on rotation and the corresponding number of judges and the staff that shall be on leave during such sessions. Hon’ble Mr. Justice Ijaz ul Ahsan, Judge Supreme Court of Pakistan has been nominated as focal Judge being Chairman of the Supreme Court Health and Safety Committee to ensure the implementation of the directions of the NJPMC. Whereas, the Federal Shariat Court and High Courts would also nominate a Focal Person to maintain the liaison among the Judiciary, Government Departments and relevant authorities.
The Hon’ble Chief Justice of High Courts will take such additional steps including administrative measure in consultation with Provincial health Authorities as may be deemed necessary. In order to ensure uniformity, the Hon’ble Focal Judge of the Supreme Court of Pakistan shall be kept in loop before such additional steps and measures are implemented. It was unanimously agreed that these all measures are taken for three weeks after that these will be reviewed according to the prevailing situation of the county.
Law & Order
From Safety to Chaos: The Deteriorating Law and Order Situation in Kashmore
The district of Kashmore in Sindh, Pakistan, is grappling with a deteriorating law and order situation that has left its residents in a state of perpetual fear. The district administration and police have failed to curb rampant criminal activities, including kidnappings for ransom, tribal killings, and extortion. This article explores the current state of affairs, the failures of law enforcement, and the impact on the community.
Table of Contents
Current State of Law and Order
Kidnappings for Ransom
Kashmore has witnessed a surge in kidnappings, with incidents like the abduction of a three-year-old Hindu girl highlighting the severity of the problem[1][2]. The district has seen numerous cases where individuals are taken hostage for ransom, creating an atmosphere of terror among residents. According to reports, 218 people were kidnapped recently, with 11 still in captivity[5].
Tribal Killings and Extortion
Tribal conflicts have exacerbated the lawlessness in Kashmore. These disputes often lead to violent clashes and extortion demands that go unchecked by authorities[1][4]. The lack of decisive action against such crimes has emboldened perpetrators.
Failure of District Administration and Police
Inadequate Response to Crime
The local police’s inability to effectively respond to criminal activities is evident from their failure to register cases promptly or trace perpetrators[1][2]. Community leaders have expressed frustration over the police’s apathy, accusing them of neglecting their duties[3].
Corruption and Mismanagement
Corruption within the police force further compounds the problem. Recently, 22 police officers were dismissed for having connections with criminals, underscoring systemic issues within law enforcement[4].
Impact on Community
Fear and Insecurity Among Residents
The rampant crime has instilled fear among Kashmore’s residents, particularly its minority communities. Protests by the Hindu community following kidnappings reflect their desperation for safety[1][2]. The frequent strikes called in response to these crimes disrupt daily life and economic activities[3].
Targeting of Minority Communities
The Hindu community in Kashmore has been disproportionately targeted for kidnappings, adding a layer of communal tension to the district’s problems. This targeting not only threatens their safety but also their sense of belonging in their homeland[1][3].
Government and Law Enforcement Initiatives
Planned Operations Against Criminals
In response to public outcry, a joint operation involving the Army and Rangers is planned to dismantle dacoit hideouts along the Sindh-Punjab border[5]. This initiative aims to address the root causes of crime by removing entrenched criminal networks.
Enhancement of Security Measures
Efforts are underway to bolster security through the establishment of additional police posts in high-risk areas. These measures are intended to provide a more robust law enforcement presence capable of deterring crime[5].
Conclusion
Kashmore’s lawlessness is a pressing issue that demands immediate attention from both local authorities and higher government officials. The failure to effectively address crime not only endangers lives but also undermines trust in public institutions. It is imperative that comprehensive strategies are implemented to restore peace and security in Kashmore, ensuring that all residents can live without fear.
Analysis
Federal Judge’s Recent Ruling Deems DACA Program Unlawful Once Again in United States
Table of Contents
Introduction
In a recent legal development that has sent shockwaves through the immigrant community, a federal judge has once again ruled that the Deferred Action for Childhood Arrivals (DACA) program is illegal. This decision, which has far-reaching implications, has reignited the debate surrounding DACA and its future. In this comprehensive article, we will delve into the details of this ruling, its background, and the potential consequences it may have for DACA recipients and the immigration policy landscape.
Understanding DACA: A Brief Overview
Before we delve into the recent ruling, it’s essential to have a clear understanding of what DACA is and its history. DACA, established in 2012 under the Obama administration, was designed to provide temporary relief from deportation for undocumented individuals who were brought to the United States as children. To qualify for DACA, applicants had to meet specific criteria, including continuous residence in the U.S. and a clean criminal record.
The Legal Battle Surrounding DACA
The legality of the DACA program has been a contentious issue since its inception. Critics argue that DACA overstepped executive authority and violated immigration laws. Supporters, on the other hand, contend that DACA is a necessary humanitarian measure that protects vulnerable individuals who have spent most of their lives in the United States.
The legal battle surrounding DACA intensified in 2020 when the Trump administration attempted to end the program. This decision led to a series of lawsuits, ultimately landing the case in the lap of federal judges.
The Recent Ruling: A Closer Look
In July 2021, Judge Andrew Hanen, a federal judge in Texas, ruled that DACA was illegal and ordered a halt to the processing of new applications. This ruling sent shockwaves throughout the immigrant community and sparked renewed calls for comprehensive immigration reform.
Fast forward to the present day, and Judge Hanen has once again ruled that DACA is illegal. In his recent ruling, he cited the same reasons as before, asserting that the program was implemented without following the proper administrative procedures.
Potential Consequences of the Ruling
Judge Hanen’s recent ruling has significant potential consequences for DACA recipients and the broader immigration policy landscape. Here are some of the key implications:
1. Uncertainty for DACA Recipients
DACA recipients, often referred to as “Dreamers,” have lived in the United States for most of their lives. The constant legal battles surrounding the program have created a cloud of uncertainty over their future. With this latest ruling, they face the risk of losing their protected status and potentially facing deportation.
2. Renewed Calls for Legislative Action
The legal battles over DACA have underscored the need for comprehensive immigration reform. Many lawmakers, both Democrat and Republican, agree that a permanent solution is necessary to address the status of DACA recipients and other undocumented individuals. This recent ruling may serve as a catalyst for renewed efforts to pass legislation.
3. A Prolonged Legal Battle
It is highly likely that this recent ruling will be appealed. The legal battle surrounding DACA is far from over, and it may eventually reach the Supreme Court for a final decision. Until then, the fate of DACA remains uncertain.
Conclusion
In conclusion, the recent ruling by Judge Andrew Hanen declaring the DACA program illegal has once again ignited the debate over immigration policy in the United States. The future of DACA recipients hangs in the balance, and the need for comprehensive immigration reform has never been more apparent. As this legal battle continues, it is essential to remember that behind the legal jargon and court decisions are real people whose lives are deeply affected by these rulings. The resolution of the DACA issue will undoubtedly have far-reaching consequences for the nation as a whole, making it a topic that will continue to dominate headlines and shape the future of American immigration policy.
Kashmir
The Concept of Human Rights in Islam
In order for us to do justice to the topic of Islamophobia, it is imperative that we understand what fear implies. Fear is defined as “a distressing emotion aroused by impending danger, evil, pain, etc., whether the threat is real or imagined; the feeling or condition of being afraid.” In line with this definition, it would not be wrong to claim that many in the Western world are currently living in a state of fear of Islam.
However, one needs to acknowledge that the threat Islam is seen as posing to the world is imagined rather than real. Unfortunately, though, the repercussions of this irrational fear of Islam are not only affecting individual Muslims in the form of increased discrimination, harassment, and persecution but also infiltrating into foreign policy decisions worldwide.
The West has numerous misconceptions about Islam, particularly with regard to human rights. Often human rights violations in certain dictatorial regimes in the Muslim world are cited to prove the point. The point to note is that human rights violations can never really occur in genuine Islamic states. Ironically, the West continues to support these oppressive autocracies and despotic regimes in the Muslim world, ignoring popular voices that oppose these regimes and their rulers.
Islam upholds the same human rights precepts as enshrined in the United Nations Universal Declaration of Human Rights (UDHR). Unfortunately, though, it must be conceded that these rights are rarely upheld in the so-called Muslim world. The word Islam literally means submission to God, which only means that Islam encapsulate the same moral principles as outlined in the Hebrew Bible and the New Testament, both of which served as templates for the modern Western code of law and legal system. Prophet Muhammad (peace be upon him) introduced the concept of human rights to Arabia when there was no such concept in the world, what to speak of 7th century Arabia. He is the one who promoted human rights and human dignity not only for his followers, but also for all of humanity.
Islam, as a growing force in the world, is not a threat and it is compatible with the Western ideals of freedom and democracy. This is not to say that an Islamic society would look like an American one, but neither do any of the socialist democracies or monarchies found throughout Western Europe and much of the Western world are modeled on the American system. It should not be the West’s goal in particular America’s, to impose their own version of democracy in the Islamic world but rather to support the rise of governments that uphold the same tenets of equality, freedom, and justice that the West holds dear.
Undoubtedly, the message of some emergent Islamic groups tends to be more extreme (often misrepresenting or misreading Islamic teachings altogether), but the West needs to understand that this is often a reaction to the policies of some of its states and their governments. If Islamic groups that protect human rights and representative ideals were to receive support from the West, they would be able to find a foothold in the Muslim world and help usher in a new era of peace and prosperity.
Before proceeding to unveil human rights as envisaged in the Qur’an, it is necessary to point out that while most Muslim scholars cite human rights to highlight certain apparent similarities in Western and Islamic value systems, they erroneously try to cloak the Islamic values in contemporary Western ideological garb so as to project them in a favorable light.
Using the UDHR as a reference point, they fashion frail arguments using verses such as: “We have honored the children of Adam (AS) and carried them on land and sea and provided them with good things and preferred them over many of those we created,” (Qur’an, 17:70) to prove, for example, that “dignity is a resolute principle that every human being warrants at a humanitarian level.” This initiative is merely an attempt to squeeze out of the Qur’anic verses something, which has a resemblance to modern Western declarations. In fact, most readers would not have otherwise interpreted dignity in this passage as it is conventionally defined (dignity: “the quality or state of being worthy of esteem or respect’). Islam does indeed uphold the spirit of such values, but refers to them in a manner that can be applied across time and space. The Qur’anic precepts are universal and are meant for the purpose of individual spiritual development, as well as a blueprint for establishing peace and harmony between peoples. For example, God says in the Qur’an:
“O mankind, we created you from the same male and female, and rendered you distinct peoples and tribes, that you may recognize one another. The best among you in the sight of GOD is the most righteous. GOD is Omniscient, Cognizant..” (Qur’an, 49:13)
This affirmation of a single lineage of common ancestry links all human beings as brothers and sisters. After all, we are all descendants of one father and one mother. From this clearly flow the concepts of brotherhood and reciprocity and all other ideals central to civilized interactions between peoples. However, the pursuit of happiness in the Western and Islamic contexts may differ. If one’s pursuit of happiness encroaches on another individual’s basic rights, Islam would not condone it, given the obvious difficulties that would arise (cannibalism is an extreme, albeit excellent example).
While Qur’anic ideals are timeless, Islamic thinkers need to explain them in universal terms. For example, readers need not be reminded that slavery was allowed in the United States until 1865 (although technically not until 1928 with the abolition of the convict-lease system and even with such legislative mandates, most of the slaves bought and sold today – for sex, labor, etc., unfortunately find their destination in modern Western countries without much press or legislative attention). The Qur’an has been discouraging slavery since 600 C.E. Based on the typical frivolous “catch-up” and imitative approach of Islamist thinking, Muslim apologists, prior to 1865, would even have contended that Islam also allowed slavery because it never forbade it.
Again, Islamists should concentrate their efforts towards defending universal truths as conveyed through all the sacred scriptures, especially the three Abrahamic faiths of Judaism, Christianity & Islam. Some of these timeless spiritual principles are reflected in the thirty articles of the United Nations Universal Declaration of Human Rights, though many have been still left out, as subsequent paragraphs will show.
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