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ANWARUL HAQ CHIEF JUSTICE SHEIKH (1925-1995)

ANWARUL HAQ, CHIEF JUSTICE SHEIKH (1925-1995) Pakistan’s judiciary played an active role in the country’s political development It chose on several occasions to uphold the decisions of the executive on matters that profoundly affected politics The “doctrine of necessity” was invoked to justify even the seemingly unconstitutional acts of governors-general, presidents, and prime ministers in order not to create political havoc Chief Justice Anwarul Haq continued this tradition when he presided over the Supreme Court for more than three years, from 1977 to 1981Born in Jullundhur, East Punjab, into a prominent Muslim family, Anwarul Haq joined the prestigious Indian Civil Service (ICS) Instead of remaining with the executive branch, however, he chose to join the judicial branch of the ICS After serving as a judge of the Lahore High Court for a number of years, he was appointed to the Supreme Court in 1975 He was appointed chief justice of the Supreme Court in 1977 During his tenure as chief justice of the Supreme Court, he delivered several controversial decisions, including the decision to uphold the death sentence imposed on Zulfikar Ali Bhutto by the Lahore High Court In confirming the death sentence, the seven-member court split four to three, with Chief Justice Anwarul Haq siding with the majority



Chief Justice Anwarul Haq also presided over the Supreme Court bench that awarded legitimacy to Zia ul-Haq’s coup d’etat, against the government of Prime Minister Zulfikar Ali Bhutto In Nusrat Bhutto vs Government of Pakistan, the Supreme Court once again invoked the “doctrine of necessity” to keep in place an established political order, no matter how that order had come into being In March 1981, Anwarul Haq retired from the Supreme Court rather than take the oath of office under the Provisional Constitutional Order promulgated by the administration of Zia ul-Haq See also JUDICIARY

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