FULL COURT REFERENCE
Author
Mr. Justice Nazim Hussain Siddiqui
Chief Justice of Pakistan
Category
PLD
Publication Year
2004
LIST OF NOTIFICATIONS REPRODUCED IN THE <!--[if gte mso 9]> FULL COURT REFERENCE AT THE DEMISE OF LATE JUSTICE ASLAM RIAZ HUSSAIN FORMER JUDGE, SUPREME COURT OF PAKISTAN LATE IJAZ HUSSAIN BATALVI, SENIOR ADVOCATE, SUPREME COURT OF PAKISTAN AND LATE KHALID M. ISHAQUE, ADVOCATE, SUPREME COURT By Mr. Justice Nazim Hussain Siddiqui Chief Justice of Pakistan [29th March, 2004] My brother Judges, Attorney‑General for Pakistan, Vice Chairman, Pakistan Bar Council and President, Supreme Court Bar Association, members of the Bar, ladies and gentlemen: This is indeed a very sorrowful occasion. We have assembled today to pay homage and respect to our distinguished colleague on the Bench laic Justice Aslam Riaz Hussain and two Senior Advocates of the Supreme Court, namely, Ijaz Hussain Batalvi and Khalid M. Ishaq, all of whom died in quick succession. Death is a reality, which has neither been nor can ever be denied. Probably, this is one thing, which cannot be denied by anyone, whosoever he may be, or wherever he may be. It has to come at a time and date appointed by Allah Almighty. As per our concept of death, it is perishing of body‑‑not the soul. The soul remains forever and enjoys eternal life. The death is a bridge between two lives, the mortal life and the eternal life. Life is followed by death and death is followed by eternal life. I have not read my written speech because what I wanted to say, much of it has already been said by the other speakers. They have spoken on every aspect of the lives of the judicial and legal luminaries for whom we are here today. I did not know Justice Aslam Riaz Hussain personally. I knew him only through his judgments. He delivered remarkable judgments, which provide tangible guidelines to the Judges and to the Advocates and are frequently referred in the cases we hear daily and this is a fact that these Judgments will be continued to be referred till the present system works. Justice Aslam Riaz Hussain had a very successful career as a lawyer and as a Judge. His judgments speak eloquently for his judicial experience, learning and grasp of law and facts. In the judgments that followed the period of constitutional crisis in 1988, he stood by the unanimity of the Court in its several decisions to uphold, the Constitutional rights of the citizens, the rule of law and the democratic polity of the State as enshrined in the Constitution. His contribution will ever remain a milestone in the judicial history of Pakistan. Late Khalid M. Ishaque was a very competent lawyer of his times. He was a philosopher, a religious scholar, a champion of human rights, an expert on Constitutional law and above all a very good human being. He had an excellent way of pleading his cases. He always canvassed his arguments without annoying the Court, and without passing sarcastic remarks on the opponent. He was President of the West Pakistan High Court Bar Association in 1965; Project Director and Advisor of Islamic Research Institute in the field of Islamic Research and Islamic Law from 1965 to 1967; Professor of Seerat‑un‑Nabi in Sindh University from 1976 to 1977; Member of the Council of Islamic Ideology from 1969 to 1972 and 1977 to 1980; he had written scores of articles on contemporary themes with reference to Islam, philosophy, human rights, Constitutional law and Islamic Constitutional theory; was author of three important books, namely, Constitutional Limitations, Law and Family Planning, and Islamic Principles of Economic Management. Ijaz Hussain Batalvi was a, renowned advocate of our country, especially in the criminal law. He had great interest in literature and had written and read literary and academic papers at various fora including international conferences. He remained Vice‑President of the International Federation of Modern Languages and Literature during the year 1969 to 1975 and organized an international conference at Islamabad and Lahore in 1969. He remained an active Member of Halqa‑e‑Arbab‑e‑Zauq, Lahore where he read various literary works including short stories and poetry. My Tariq Mehmood, President, Supreme Court Bar Association stated that full Court reference should have been given for late Yahya Bakhtiar, a Senior Advocate Supreme Court and former Attorney‑General for Pakistan. I agree that it should have been done, but this is not the time for going into the question why it had not been done or who was responsible for not doing it. In the end, we pray to Allah Almighty to rest the departed souls in eternal peace and give the bereaved families courage to bear the irreparable loss! Ameen