Javaid Iqbal

Not to be confused with Justice Javid Iqbal.

Honorable Senior Justice Javaid Iqbal جاوید اقبال
(Acting) Chief Justice of Pakistan
In office 9 March 2007 – 24 March 2007
Nominated by	Shaukat Aziz
Appointed by	Pervez Musharraf
Preceded by	Iftikhar Muhammad Chaudhry
Succeeded by	Rana Bhagwandas (Acting)
Senior Justice of the Supreme Court of Pakistan
In office 28 April 2000 – 24 July 2011
Nominated by	Shaukat Aziz
Appointed by	Pervez Musharraf
Chief Justice of the Balochistan High Court
In office 2 April 2000 – 28 April 2000
Nominated by	Amir-ul-Mulk
Preceded by	Justice Iftikhar Muhammad Chaudhry
Succeeded by	Justice Raja Fayyaz Ahmed
Personal details
Born	Javed Iqbal August 1, 1936 Sargodha, Punjab Province, Pakistan
Citizenship	Pakistan
Nationality	Pakistan
Residence	Islamabad, Pakistan
Alma mater	Punjab University International Islamic University University of Western Australia
Occupation	Jurist, Judge, Philosopher
Religion	Islam
Field(s)	Philosophy of law
Institutions	University of Balochistan

Senior Justice (Honourable) Javed Iqbal (Urdu: جاوید اقبال‎; born 1 August 1936), is a Pakistani judge, professor of law, and jurist who formerly served as the Senior Justice of the Supreme Court of Pakistan from 2004 until his retirement in 2011. Prior to the appointment at the Supreme Court, Justice Iqbal shortly tenured as the Chief Justice of the Balochistan High Court which lasted only a month.

During his career as jurist, he has heard and led high-profile cases, including the case of suspension of fellow chief justice Iftikhar Chaudhry and the trial of missing persons in 2012. His credential led to the government appointing him as a chairman of the Abbottabad Commission to find out the preludes and causes of the unilateral raid conducted by the United States in Abbottabad, Khyber Pakhyunkhwa Province of Pakistan in 2011. After carefully studying the case, Justice Iqbal authored the papers over this issue which was submitted to the Prime Minister of Pakistan in 2013.

Biography

Early life and education

Javed Iqbal was born on 1 August 1936 & raised in Quetta. After graduating from the Sandman High School (SHC) in Quetta, he moved to Lahore, Punjab Province to study law.^[1]

Admitted at the Punjab University, he obtained LLB degree in 1968, and MA degree in Political science in 1970 from the Punjab University.^[2] For his advanced studies, Iqbal went to Australia where he attended the University of Western Australia, subsequently submitting his thesis to obtained LLM degree in International law in 1971.^[3]

Professorship and judicature career

In 1971, he moved to his native city, Quetta, where he became Public prosecutor and government pleader at the Balochistan High Court.^[2] In 1973, he joined the law branch of the Government of Balochistan Province which he retained until 1977.^[2] Iqbal later acted as the Deputy Secretary at the Law Department in 1981 and later served as the Officiating Secretary Law till 1982. The same year he resigned from the provincial government's legal branch after accepting the professorship in law at the Balochistan University and became honorary lecturer at the Balochistan University.^[2]

In 1982, he was appointed as a session judge at the district court, and gave verdicts in anti-corruption and custom cases.^[4] In 1985, Iqbal attended the International Islamic University (IIU) in Islamabad where he gained master's degree in Islamic law where his thesis contained the work on jurisprudence in Islamic Faqīh and Sharia laws, in 1987. During the same period, he attended an advanced course National Institute of Public Administration (NIPA)^[1] In 1988, he was also appointed as the Judicial Member, Income-Tax Appellate Tribunal, but the Government of Balochistan did not relieve him. In 1990, he became Registrar of the Balochistan High Court which he retained until 1993.^[4]

Senior Justice

Chief Justice, Balochistan High Court

In 1993, Justice Iqbal was elevated as additional judge at the Balochistan High Court and was confirmed as "justice" by the Governor of Balochistan Province in 1995.^[4] In 1999, he was one of the judges in the country who retook their oaths under the Provisional Constitutional Order (PCO), following the aftermath of the military coup d'état staged by Chairman joint chiefs General Pervez Musharraf.^[1] On immediate effect, he was appointed as the Chief Justice of Balochistan High Court on 4 February 2000; subsequently his promotion papers were approved by President Rafiq Tarar.^[5] However, this promotion was short-lived when Justice Iqbal was elevated as a "Senior Justice" of the Supreme Court of Pakistan on 28 April 2000.^[5]

Supreme Court appointments

When the presidential reference against Chief Justice Iftikhar Muhammad Chaudhry was filed on 9 March 2007, Iqbal served as acting Chief Justice of Pakistan from 9 March 2007 till 23 March 2007.^[6]

Iqbal refused to take oath on Provisional Constitutional Order (PCO) on 3 November 2007. As the result he was removed from the Supreme Court along with eleven other judges.^[7]

Later he was appointed to the position of chairman of the Press Council of Pakistan (PCP) for three years on 11 November 2007.^[8] He announced on 12 April 2008 that he had resigned from that position.^[9] On 17 March 2009 as the result of the lawyer and civil society movement for restoration of judiciary, Justice Iqbal was restored to the position of 2 November 2007 on the bench of supreme court.

Controversies

Iqbal is one of the judges who took oath under PCO in 1999 as a Justice of High Court of Balochistan.

Important cases

On 13 April 2005, a bench headed by, then Chief Justice Nazim Hussain Siddiqui, with other members of bench being Iftikhar Mohammad Chaudhry, Javed Iqbal, Abdul Hameed Dogar and Faqir Muhammad Khokhar, unanimously dismissed all petitions challenging the 17th Constitutional Amendment and the dual office of General Pervez Musharraf as the President as well as the Chief of Army Staff. However, a decision in a case relating to the retirement age of the superior court judges was withheld.^[10][11]

On 28 September 2007, Javed Iqbal along with Abdul Hameed Dogar, M. Javed Buttar, Mohammad Nawaz Abbasi, Faqir Muhammad Khokhar, and Falak Sher formed a majority opinion in holding that petition challenging General Pervez Musharraf candidature for the second term as the president as non maintainable. Head of the bench Rana Bhagwandas, with two other members Sardar Muhammad Raza Khan and Mian Shakirullah Jan dissented.^[12]

On 3 November 2007, Iqbal was the member of seven-panel bench headed by Iftikhar Muhammad Chaudhry which unanimously declared the 2007 Pakistani state of emergency as illegal and passed an order restraining all judges of Supreme Court and High Courts from taking oath under Provisional Constitutional Order. The other members of the bench were Rana Bhagwandas, Mian Shakirullah Jan, Nasir-ul-Mulk, Raja Muhammad Fayyaz Ahmad, and Ghulam Rabbani.^[12]

Writings and literature

• Iqbal, Senior Justice Javed, "The Role of the Judiciary as a Catalyst of Change", Supreme Court of Pakistan Press Registrar. 9 July 2013.^[13]
• Iqbal, Senior Justice Javed, et al. "Abbottabad Commission Report"

References

1. Imaduddin (24 July 2011). "Justice Javed Iqbal to retire on July 31 as judge of Supreme Court". Business recorder. Retrieved 10 July 2013.
2. Pakistan Supreme Court. "Senior Justices of the Supreme Court of Pakistan" (PDF). Press Registrar of the Supreme Court of Pakistan. Retrieved 10 July 2013.
3. Govt of Pakistan (2003). Annual Report of Supreme Court of Pakistan. Secretariat, Law and Justice Commission of Pakistan, 2003. 5kg-AQAAIAAJ.
4. "Javed Iqbal" (PDF). Business Recorder, PDF. Retrieved 10 July 2013.
5. BHC. "Honorable Former Chief Justices, HighCourt of Balochistan". Press release of the BHC. Retrieved 10 July 2013.
6. "Justice Javed Iqbal sworn in as Acting chief justice of Pakistan". Pak Tribune. 10 March 2007. Retrieved 2009-04-08.
7. "Majority of Pak judges refuse to take oath under new PCO". Thaindian News. 14 November 2007. Retrieved 2009-04-08.
8. "Iqbal to be Chairman of Press Council of Pakistan". Indopia. 15 November 2007. Retrieved 2009-04-08.
9. News Network International (15 November 2007). "Justice Javed Iqbal resigns as PPC head". Business Recorder, Pakistan. Retrieved 2009-04-08.
10. Nasir Iqbal (14 April 2005). "Petitions dismissed by Supreme Court: 17th Amendment, dual office". DAWN (Pakistan). Archived from the original on 21 April 2005. Retrieved 2009-04-03.
11. Nasir Iqbal (14 April 2005). "Petitions against Pervez's dual office dismissed". The Tribune (India). Retrieved 2009-04-03.
12. Nasir Iqbal (29 September 2007). "The day of the General: -Musharraf to run for president in uniform - Petitioners, lawyers leaders livid". DAWN (Pakistan). Archived from the original on 16 January 2008. Retrieved 2009-04-03.
13. Iqbal, SCoP, Senior Justice Javed Iqbal. "The Role of the Judiciary as a Catalyst of Chage" (PDF). Supreme Court of Pakistan. Supreme Court of Pakistan Press Registrar. Retrieved 10 July 2013.

• Profile from the BBC Urdu service
• BBC News about the arrest of Chief Justice Chaudhry
• Movement for Rule of Law - Profiles - Justice Javed Iqbal