Komal Anwar

Komal Anwar

The author is a student of Master of Laws Programme at the London School of Economics and Political Science. She tweets @Komal1201 (twitter.com/Komal1201).

Is suo motu action the only way to get justice in a country like Pakistan?

The concept of justice is the bedrock of Islam and the Constitution of the Islamic Republic of Pakistan. In this regard, the recent suo motu actions taken by the Chief Justice of Pakistan (CJP), Mian Saqib Nisar, should be greatly applauded for the simple reason that he stood up for justice. The power to take suo motu action stems from Article 184(3) of the Constitution regarding original jurisdiction of the Supreme Court which states as follows: “Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights ...

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Can Shahid Khaqan Abbasi #BringZulfiqarHome so he can spend his remaining few days with his family?

“We are not final because we are infallible, but we are infallible only because we are final.” – Robert Houghwout Jackson Conflicting interests and balancing human rights with state laws lie at the heart of the sentencing process. Judges may arrive at decisions based on either restrictive or broader interpretation of laws. Hence, the plight of terminally ill prisoners can only be resolved by having concrete laws and policies formulated to create exceptions to cases like that of the Pakistani death row prisoner in Indonesia, Zulfiqar Ali who is suffering from chronic liver and Diabetes Mellitus. Ali was taken into custody in 2004 on drug-related charges. ...

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Did the Supreme Court have the power to declare Schizophrenia a “recoverable disease”?

Soon after the release of the Supreme Court’s order on September 27th, 2016, the internet has been flooded with articles criticising the judgment in Imdad Ali’s case mainly on the grounds that the Court has declared schizophrenia to fall outside the scope of mental disorders and as a recoverable disease. While this may offer good news to schizophrenic patients stigmatised as mentally ill, it severely curtails their rights which they might otherwise have been given on account of their illness. On October 28th, Ali’s wife, Safia Bano filed a review petition in Supreme Court. While, the petition has been dismissed, Ali’s execution has been stayed ...

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