FULL COURT REFERENCE UPON THE EVE OF THE ELEVATION OF THE CHIEF JUSTICE MR. JUSTICE SARMAD JALAL OSMANY AND MR. JUSTICE AMIR HANI MUSLIM AS JUDGES SUPREME COURT OF PAKISTAN

Address by
MUHAMMAD AQIL
President, Karachi Bar Association

[02.02.2011]

• My lord, the Chief Justice of the Sindh High Court, Mr. Justice Sarmad Jalal Osmany.

• My lord, the Senior Designated Chief Justice, Mr. Justice Musheer Alam.

• My lords, the Companion Judges of the Sindh High Court.

• Mr. Anwar Mansoor Khan, the President, Sindh High Court Bar Association, Karachi.

• Mr. K.A Wahab Vice President Supreme Court Bar Association.

• Mr. Aijaz Muhammad Bangesh, the President, Malir Bar Association.

• Mr. Ali Rahim the President Income Tax Bar Association.

• Mr. Iftikhar Javed Qazi, Vice Chairman, Sindh Bar Council.

• Mr. Abdul Fatah Malik, Advocate General, Sindh.

• Mr. Shahadat Awan, Prosecutor General, Sindh.

• Mr. Nazar Akber, Deputy Attorney General for Pakistan.

• Hon'ble former Judges of the High Court.

• Former Presidents and Secretaries of the Sindh High Court Bar Association and the Karachi Bar Association.

• Members of the Pakistan Bar Council and the Sindh Bar Council.

• Members of the Bar.

• Ladies and Gentlemen.

It is a pleasure for me today on behalf of all the members of the Karachi Bar Association to pay tribute to two of the leading and most respected judges of the Sindh High Court, Chief Justice Sarmad Jalal Osmany and Mr. Justice Amir Hani Muslim. It is true that we will be deprived of two highly competent and learned judges; however, we can seek solace in the fact that their Lordships are now being elevated to the Apex Court where they will be able to apply their vast experience and knowledge for the benefit of the entire nation, providing enlightening judgments which will only serve to help the general public and the development of the law.

Your Lordships tenure in the Sindh High Court has witnessed some of the most difficult and unstable periods faced by the judiciary of Pakistan, the independence and efficacy of which has been protected and extended through a dynamic and proactive approach from the Bench with the support of the Bar.

My Lords' promotion to the Supreme Court has been confirmed after careful deliberation and consideration of the Judicial Commission in accordance with the procedure established by the 19th Amendment, and it has come as no surprise to the members of the Bar that the learned Judges have been selected, as Their Lordships' abilities and experience speak for themselves.

The outgoing Chief Justice of the Sindh High Court, Mr. Sarmad Jalal Osmany, has been a beacon of inspiration to the entire legal community not only as a brilliant judge, but also as a leader of the entire legal community here in Sindh. Born and brought up in Lahore, My Lord completed the BA from the University of Peshawar in 1971, and continued to study law, graduating with an LLB in 1975 from the University of Punjab before being offered a place to study for an LLM from the University of London, graduating in 1978. Mr. Justice Osmany began working as an associate not in Lahore, but in Karachi under a leading lawyer, allowing His Lordship to obtain a strong grasp of the laws and procedures. In 1983 My Lord went on to avail an opportunity to work in USA in the renowned firm of Shearman and Sterling in New York City allowing him to acquire invaluable exposure especially in the fields of international trade and banking law, and while His Lordship did practice in all areas of law, he was exceptional in the said fields. Returning to Karachi in 1985 the already well-known lawyer established a private law firm, appearing before the Sindh High Court as well as Arbitration Tribunals, becoming the authority in banking and shipping law as well as mergers and acquisitions during the development of Company laws in Pakistan. My Lord was always known to be exceptional during practice with a direct approach towards any matter after careful analysis and thorough research and examination of the legal and factual matters involved, leaving senior members of the fraternity and young lawyers in admiration with nothing but high regard for My Lord Many lawyers and organizations often sought assistance, in fact My Lord played a major role advising the Privatization Commission of Pakistan.

Mr. Justice Osmany's role extended far beyond the Courts as he attempted to spread his knowledge and experience among the future generation of lawyers and leaders of Pakistan. As a Professor of Law at Sindh Muslim Law College, Karachi between 1980 to 1982 and 1985 till His Lordship's appointment as a judge in 1998 he taught both LLB and LLM classes including Contract, Sale of Goods, Company and International Law, proving to be an exceptional teacher, always approachable according to his ex-students. This was clearly a quality that My Lord carried on into his role as a Judge and then as the Chief Justice of the Sindh High Court.

Needless to say a man with so much legal knowledge, experience and aptitude had to be at some point considered and chosen to be appointed as a judge of the High Court, which came about in 1998. As a humble and patriotic person hoping to contribute towards the development of Pakistan and to benefit its people at a greater level My Lord accepted the difficult and highly responsible position, hearing and deciding cases in all areas of law. As a judge My Lord has become known for his equitable approach while maintaining a balance with established law and statute to ensure certainty along with justice. My Lord's approach of providing relief to those who deserve it while hearing any matter in the interest of justice has earned him a spot as one of the greatest judges in the long history of our judiciary. My Lord's vast knowledge of law with respect to all areas and his elephantine memory were just some of the qualities that those who argued before him will remember; though if one takes a glance at any one of the numerous judgments to which he has contributed, only then can the person actually comprehend his role in the improvement of law. The precision and accuracy of My Lord's judgments which provide a clear and definite stance on law and fact have always been outlined in a manner providing exceptional detail and only after consideration of all valid precedents to produce what can be called a piece of exceptional writing. My Lord was always keen to hear a good case, however was always encouraging especially to younger lawyers who have always appreciated his guidance. One aspect of My Lord's approach that stands out of the numerous qualities is the continuous strive to combat rampant injustice by preventing the existence of laws which contradict all the norms of morality. In so doing My Lord took a liberal approach to the duties of the Court and upheld the sanctity of the writ jurisdiction of the High Court in order to drag laws to achieve justice.

As a Judge, My Lord's role was not simply limited to the Courtroom, as he provided invaluable assistance as a member of the Steering Committee for the Province of Sindh in the Government of Pakistan's Judicial and Legal Reforms Project, which was funded, by the Asian Development Bank. This again was expected from the man whose biggest aim is to see Pakistan develop and transform into the new millennium. As part of the aim to make the judiciary progress, My Lord ensured that he was always up to date and informed on the new developments in laws globally. As My Lord strived to do so, he has taken out time to attend seminars and symposiums including one on Secured Transactions Law Reforms in Manila in 1999 and one on the Development of Bankruptcy Laws in 2003 in Los Angeles. All this has only led to an enhancement of the law during My Lord's tenure as a judge and then as the Chief Justice of the Sindh High Court. As the Chief Justice, My Lord used the vast and varied experience to begin implementing procedures to streamline the administrative process in order to ensure smooth processing of cases and expeditious disposal of all matters.

During the lawyers' movement, Mr. Jusitce Osmany had always spoken out about the illegal acts by then President Musharraf in reference to the removal of the present Chief Justice of Pakistan. My Lord was elevated to the position of Supreme Court Justice in 2008 and reluctantly accepted the position in order to maintain the law and prevent any further collapse and instability considering the nation was already in turmoil. My Lord selflessly resigned from that position in 2009 after the restoration of the Supreme Court Judges and returned to the Sindh High Court as the Chief Justice, a position he has earned till date and in so doing led the Judiciary of Sindh in the beginning of a new era in which the responsibility of judges and lawyers has increased to help the public and the nation reach true potential.

While standing here I am faced with mixed feelings knowing full well that we are being deprived of not one but two great jurists, His Lordship Mr. Justice Hani Muslim being the other great pillar of our Sindh High Court who is being elevated to the position of a Justice of the Supreme Court.

The Hon'ble Justice Amir Hani Muslim has also performed his role in our legal system by being steadfast to the cause of justice, acting for the sole sovereignty and independence of our legal system, sacrificing His Lordship's benefits and putting the needs of the system before individualistic desires. Indeed it is a loss for us to be deprived of such a competent Judge who decided every case with such proficiency using His Lordship's full and invaluable knowledge of the law. My Lord has dealt with every matter in such a way that we have nothing short of admiration and respect for him and for My Lord's decisions. Surely a Judge of his calibre will prove to be an invaluable asset in the Apex Court strengthening the structure of our legal system which is extremely essential in these hard times in order to restore the confidence and belief of the people in our country.

The Hon'ble Justice Amir Hani Muslim was born on 1st April, 1952, in Kotri, District Dadu, Sindh. My Lord did his BSc in Chemistry but later faced his true calling as he decided to serve the cause of justice by becoming an edifice of the legal profession. His Lordship completed his LLB from S.M. Law College and was then enrolled as an Advocate of Sub-Ordinate Courts in 1981 working in the chambers of the (late) Khalid Ishaque. It was there that the foundations of My Lord’s training were laid that fuelled his passion for advocacy. My Lord was enrolled as an Advocate of the High Court in 1983 and then as an Advocate of Supreme Court in the year 2000. During these years My Lord practiced law as an advocate dealing with numerous matters pertaining to diverse branches of law and mastering the field of Land Law. This expertise was clearly visible in His Lordship's profound grasp on all cases related to land law while his Lordship served at the Bench. His Lordship was also appointed as Assistant Advocate General, Sindh in the year 1994 being promoted to Additional Advocate General Sindh in 1995. My Lord was later appointed as Deputy Attorney General of Pakistan at Karachi in the year 2002 before being elevated to the Bench on 27th August, 2002.

As a practicing member of the legal fraternity My Lord was an astute and accomplished advocate who argued a varied number of cases displaying his outstanding legal acumen while furthering and strengthening the cause of justice.

Hon'ble Justice Amir Hani Muslim has dedicated three decades of his life to the legal profession performing a valuable part in upholding the Supremacy of Law. During all this time My Lord has guided us to work for the implementation of law, using our conscious minds to follow the right path hence enabling the provision of justice to the needy and deprived class of our society.

As a Judge of this Hon’ble High Court of Sindh, Justice Amir Hani Muslim dealt with every case on its merits, and provided for the impartial and swift disposal of cases. My Lord always took strict notice of all the malpractices on the part of authorities providing justice to the average man suffering due to their misdeeds, hence building the trust of the public in our legal system. Justice Amir Hani Muslim has always promoted junior advocates in proceeding with the cases helping them build their confidence because it is these young lawyers that are the future of our profession and our country in the wider sense.

During the Lawyer's movement as well My Lord played his part by being one of those iconic individuals who did not care for monitory benefits or privileges. In fact all My Lord cared for was the supremacy of the Constitution of Pakistan even in the face of severe adversities.

I would like to conclude by reiterating that I have nothing but the highest admiration and appreciation for my Lord who has been an inspiration to so many of us. Today we bid both these esteemed Judges a fond farewell with the awareness that their Lordships will shine like beacons of hope at the Apex Court forwarding the cause of justice and favouring the rule of law as they have always done.

Ameen! Pakistan Zinabad!