FULL COURT REFERENCE OF TWELVE HON'BLE JUDGES OF THE LAHORE HIGH COURT WHO PASSED AWAY DURING THE PAST FIVE YEARS (2004 TO 2009)

By:
NASIRA IQBAL
President Lahore High Court Bar Association
Lahore

Mr. Justice Khawaja Muhammad Sharif, Chief Justice Lahore High Court Hon'ble Judges, Advocate General Punjab, Vice Chairman Punjab Bar Council, Members of the Lahore High Court Bar Association, Families of the late judges.

We have assembled here today to pay homage to ten distinguished Judges of the Lahore High Court who departed this world during the past five years. It has been the tradition of this Court that the achievements of our distinguished judges and colleagues of the Bar are appreciated when they retire from the profession or depart this mortal world, but unfortunately this tradition was not maintained during the past five years. I am grateful to his Lordship Chief Justice Khawaja Muhammad Sharif for reviving this noble tradition and for providing us the opportunity of remembering the accomplishments of our late Hon'ble Judges. I may not be able to do justice to their memory due to paucity of time, but I will try to highlight what we have gained from them during the period that they adorned the bench.

1. Mr. Justice Ch. Muhammad Siddique was born in 1906, He started legal practice in Jallundhar, and won the only Muslim seat in PCS exams. He became Civil Judge in 1936 was elevated as judge of Lahore High Court in 1967 and retired in 1969. Justice Siddique instilled in his children the importance of "Rizk-e-Halal", honest money. All who knew him vouch for his integrity throughout his tenure as a civil judge, sessions judge and High Court judge. He loved to ride a bicycle. A simple man, his only interest in life was his work, his family and the game of tennis, which he gave up in 1993 not due to ill health but for lack of contemporaries with whom to team up! He passed away in 2004. They certainly don't make them like that anymore! Of his sons Chaudhry Farooq was twice appointed Attorney General of Pakistan, Chaudhry Asad was elected to the National Assembly of Pakistan three times, Justice Khalil Ramdey is a renowned judge of the Supreme Court and his youngest son is a Chartered Accountant. All are professionals who have done their father proud.

2. Chief Justice Sardar Muhammad Iqbal was a visionary

Hazaaron saal nargis apni bey noori pay roti hai;

Bari mushkil say hota hai chaman main deedavar paida.

He was born in 1922 in Poonch and migrated to Lahore from the State of Jammu and Kashmir. He was enrolled as advocate High Court in 1950. He was elected twice as member West Pakistan Bar Council in 1958 and 1962. He was elevated to the bench at the young age of 40 years, became Chief Justice at the age of 50 years and retired at the age of 54 years. He was a mentor par excellence. His shining example of generosity of spirit with which he welcomed and trained junior members of the Bar needs to be emulated by all senior advocates, specially those who benefited from his guidance and advice. Every lawyer who entered his chamber became a distinguished jurist. Senator S.M. Zafar, Former Law Minister, Chief Justice (R) Khalil-ur-Rehman Khan, Justice (R) Fazal-e-Ghani, Justice (R) Abdul Ghani, Senior Advocates Raja Muhammad Anwar, Raja Muhammad Akram, Dr. Pervez Hassan, Sardar Shah Bukhari & Humayun Ehsan are amongst the luminaries who were trained from his chamber. Justice Sardar Iqbal had a commanding personality and a sense of mission. He was denied having the longest tenure as Chief Justice of this Court through the fifth constitutional amendment, which limited the office of Chief Justice to four years. This was a grievous injustice to the most just, generous, affectionate, elegant and disciplined jurist we have ever had. His scholarly distinctions and legal achievements are innumerable. He taught at the Punjab University Law College for two decades. He also lectured at the Civil Service Academy, was member of the Punjab University Syndicate, member boards of Punjab University of Engineering and Agricultural University. He was Chairman of several Trusts. He was conferred Sitara-e-Pakistan in 1957. He was elected in 1979 as Chairman (International Appellate Court Judges Division) of the World Association of Judges.

His administrative work is voluminous. It includes introduction of Urdu as the language of the Courts. He framed Rules of Conduct for the subordinate judiciary and stressed that judges should never be harsh to anyone. He established the institution of Wafaqi Mohtasib (Ombudsman) and was the first Ombudsman of Pakistan from 1984 to 1988. As always he took a principled stand and declined a second term because the Ombudsman Order provides for only one term. He was deeply religious. He passed away in 2008 with the same dignity as he had passed his life.

Daftar-e hasti main thi zarreen warq teri hayat;

Thi sarapa deen-o duniya ka sabaq teri hayat;

3. Mr. Justice Gulbaz Khan was born in 1923 in District Sargodha. He remained District Judge, Lahore and Registrar Lahore High Court Lahore, before becoming Judge of the High Court in 1973. He retired in 1985. After his retirement he served twice as Judge, Special Court for Speedy Trials. In 1997 he was nominated as Chairman Federal Services Tribunal from where he resigned in 1999. He belonged to an agricultural background. He was an affectionate friend and used to send gifts of oranges (Kinoos) to his colleagues and friends. He passed away in 2007.

4. Mr. Justice C. A. Rehman was born in 1924. He took part in the Pakistan Movement as a member of Muslim Student Federation. He started practice in 1948, passed PCS Judicial exam and joined judicial service as Civil Judge in 1953. He worked as Secretary Law Reform Commission from 1967-70. He was awarded Tamgha-e-Pakistan and Tamgha-e-Hussane-i-Karkerdagi by the Government of Pakistan in recognition of his outstanding services. He was elevated as Judge Lahore High Court in 1979. During his service he toured various countries in the Middle East, Europe and USA. He led a Pakistani delegation to Saudi Arabia to the symposium on Role of Sharia Law for Safety from Crime. He played a vital role in the reconciliation efforts between India and Pakistan over Salal Hydro Electric Project. He was Federal Secretary Law from 1982-1984. He retired in 1986. He delivered landmark judgments which provide guidance for the legal fraternity. After retirement, he served as Advisor to the Wafaqi Mohtasib (Punjab) for three years. He departed this world in 2008. He led a simple life and was known for his honesty. He set a glorious example for his fellowmen. His son, Chaudhry Riaz Ahmed is also an advocate.

5. Mr. Justice Ghulam Mujaddid Mirza was born in 1925. He was called to the Bar from Lincoln's Inn in 1954. He remained member of the West Pakistan Election Tribunal from 1964 to 1969. He was elected President of the Lahore High Court Bar Association in 1972, was appointed Judge Lahore High Court in 1973, and became the Chief Justice in 1986. He retired from the High Court in 1987 and became Judge of the Supreme Court of Pakistan, but returned as acting Chief Justice of the Lahore High Court, thus Justice Mazhar-ul-Haq could not become Chief Justice. He acted as Governor Punjab during the absence abroad of Makhdoom Sajjad Hussain. (This practice is discontinued). He retired from the Supreme Court in 1990 and passed away in May 2005.

6. Mr. Justice Mazhar-ul-Haq was born in 1925 in Amritsar to the illustrious lawyer Mr. Mehr ul Haq. He joined the legal profession in 1951. He was a competent and popular lawyer who was elected Vice President Lahore Bar Association & Secretary Lahore High Court Bar Association. He taught at Punjab University Law College. He joined the judiciary as District and Sessions Judge in 1963 and was appointed Judge Lahore High Court in 1973. He served the judiciary for 25 years with devotion and integrity. The law reports are full of his outstanding judgments in various fields which serve as beacons of light for us. He was fond of the performing arts and acted in and directed plays in the Government College Dramatic Society. He established a free legal aid society in the law college and his love of flowers was manifest in the Lahore High Court premises which were awarded prizes under his nurturing. Due to the interference of the executive in judicial appointments, he retired as acting Chief Justice in 1987. He will be remembered for his dignity, and love of beauty. His wife is also an artist. He died in Lahore on 30th September 2009.

Aasman teri lehad per shabnam afshani karey,

Sabzae nau rasta is ghar ki nigeh baani kare.

7. Mr. Justice Ch. Muhammad Sharif was born in 1928. He started his career as civil judge in 1953 in Chakwal. After serving as District & Sessions Judge from 1970 to 1980, he was elevated to the High Court in 1981 and retired in 1990. Due to his spotless record of honesty, he was appointed by the government as a Special Judge of the Court for Speedy Trials where he served till 1994. During his long and illustrious career as a judge, he gave several land mark judgments. The most prominent was in the high profile murder case of the former Chief Minister, Ghulam Haider Wyne. He defied tremendous pressures and made a just decision. He was known for his efficiency, integrity and speedy decision making. He was awarded the all Punjab Certificate five times for disposing-off maximum number of cases. He set the highest standards of honesty and punctuality. Simple and disciplined, he believed in Iqbal's philosophy of self esteem. He was a swimmer, athlete and tennis champion. He passed away in Bahawalpur in June 2009. His elder son is a prominent economist while the younger one works as a software engineer.

8. Mr. Justice Abdul Waheed was born in 1930, passed LL.B. from the Punjab University Law College, Lahore in 1953 – Appointed as Civil Judge in 1955, Additional District & Sessions Judge in 1969, District and Sessions Judge in 1970, and Member Inspection Team, Lahore High Court, Lahore in 1972. Attended United Nations Course on the Administration of Criminal Justice and Treatment of Offenders in Japan. Appointed as Secretary to Government of the Punjab, Law Department in 1978 and appointed as Registrar, Lahore High Court in 1981; elevated to the High Court Bench in 1983 and retired in 1992. He remained Chairman Labour Appellate Tribunal from 1992 to 1995. He was Principal Anjuman Hamayat-e-Islam Law College from 1997 to 1998. He was appointed Chairman Banking Court in 1998. He expired in 2003.

9. Mr. Justice Saad Saood Jan was born in 1931. He served in the Civil Service of Pakistan from 1953 to 1959. Thereafter he was Additional District & Sessions Judge in various districts. He served as the Registrar West Pakistan High Court and Joint Secretary Ministry of Law. He loved to play Bridge and Cricket. He became Judge High Court in July 1971 and served as Member Election Commission of Pakistan and Chairman Punjab Service Tribunal. He was member Board of Trustees of Lahore University of Management Sciences.

In 1986 he was denied his right to become the Chief Justice of the Lahore High Court. Instead he was elevated to the Supreme Court where he was again illegally denied his right to become the Chief Justice of Pakistan because of his honesty, integrity, refusal to bow to the dictates of the executive authorities and his principled stands on all matters which fell within his jurisdiction. Failure to appoint Justice Jan as Chief Justice of Pakistan resulted in a judicial imbroglio which ultimately led to the downfall of the very government which had bypassed him while appointing the Chief Justice of Pakistan. The Al-Jehad Trust case put paid to this practice of ignoring merit and seniority in judicial appointments, except in the case of the then incumbent Chief Justice of Pakistan who did not apply the ratio of his own judgment to himself, and he suffered the consequences thereafter. Justice Saad Saood Jan retired from the Supreme Court in 1996 and was elected to serve as judge of the International Criminal Tribunal for former Yugoslavia for three years. In 1999 the President of Pakistan notified him as retired Chief Justice of Pakistan. In 2001 he was appointed Chairman National Electric Power Regulatory Authority (NEPRA). He resigned in 2002 as a protest against government interference in NEPRA affairs. He passed away in 2005.

Jo Rukey to Kohey Giran thay ham;

Jo chaley to Jaan se guzar gaye,

Raahey yar ham nay qadam qadam tujhey yadgar bana diya

10. Mr. Justice S. M. Zubair was born in Jallundhar in 1935 in a renowned legal family. He joined the legal profession in 1958. His father Sheikh Muhammad Shareef was appointed judge of Lahore High Court in 1945. Justice Zubair was a keen athlete and remained Captain of the University badminton team. He taught at Anjumane Himayat Islam Law College for 10 years. He worked as Assistant Advocate General Punjab from 1978-1986 and as Additional Advocate General from 1986-1988. He became Judge of the Lahore High Court 1988 and retired in 1997. He was a specialist in Criminal Law and has many reported judgments.

11. Mr. Justice Zafar Pasha Chaudhry was born in 1940. He was enrolled as advocate in 1962. He was a distinguished lawyer and served as Deputy Attorney General in 1995 & Advocate General Punjab in 1996 before he was elevated to the bench in December, 1996. He retired in 2002. Thereafter he become Chairman Customs, Sales Tax & Excise Appellate Tribunal. In 2003 he became Judge Federal Shariat Court from where he retired in 2006. He was a keen debater and won several trophies while representing Punjab University Law College in English intercollegiate debates. He practiced on the criminal side and many cases conducted by him in the High Court and Supreme Court have been reported.

12. Mr. Justice Tanvir Bashir Ansari was born in 1943. He was the son of the distinguished Senior Advocate, Bashir Ansari. He started his practice in Rawalpindi in 1968. He was appointed Deputy Attorney General of Pakistan in 1998. He was Special Prosecutor, Ehteshab Commission. Prominent cases conducted by him are: Farooq Leghari vs. Federation of Pakistan, Benazir Bhutto vs. the State, State vs. Tariq Aziz and State vs. Mian Muhammad Nawaz Sharif. He was elected President of the Lahore High Court Bar Association, Rawalpindi in 1997. He attended many International Conferences. He was elevated to the Bench after 33 years of practice in 2001 and retired in 2005. His family has a tradition of distinction in the legal profession.

There are two certainties in life: the time one enters this world and the time of one's departure. It is what one does in the span in between these two events which determines how one will be remembered and what one will take to the hereafter. No one can say lets try again or make another plan.

Lives of great men all remind us

We must make our lives sublime

And departing leave behind us

Foot prints in the sands of time.

Foot prints that perhaps another

Sailing o'er life's solemn main.

A forlorn and shipwrecked brother

Seeing may take heart again.

At the end I pray to Allah Almighty to shower His mercy on the departed souls and grant them eternal peace in heaven.

Mukhtalif har manzil-e hasti ki rasm-o raah hai;

Aakhirat bhi zindagi ki aik jolaan gaah hay.