Constitutional Amendment and Judicial Oversight on November 8, 2024The senior-most judges of the Supreme Court, Justice Mansoor Ali Shah and Justice Muneeb Akhtar have requested Chief Justice Yahya Afridi to present the case regarding the 26th Amendment to the full court bench this week. This has prompted some serious questions. The first question is: Can a constitutional amendment be challenged in a court […]
Kashmir: A Legal Perspective on October 26, 2024Despite the Indian government’s recent actions, it is undeniable that, under international law, Kashmir is not acknowledged as part of India’s union territory. It remains a territory in dispute, with its future still to be decided in line with United Nations resolutions. Kashmir is governed by an established principle of international law that prohibits any […]
The Imperative Need for a Constitutional Court on October 2, 2024The necessity of a Constitutional Court in the presence of the Supreme Court is a topic of considerable complexity, warranting in-depth consideration. With the introduction of new judges, staff, salaries, and associated benefits, the question arises as to why an economically depressed nation should shoulder this additional burden. However, the unequivocal answer to this multifaceted […]
Diplomacy and Proxies Within on September 21, 2024The Afghan Consulate General’s unprofessional and unethical conduct has not only strained Pak-Afghan relations significantly but also brought to light two prominent fault lines within Pakistani society. Firstly, there is a tendency to attribute any global events or occurrences to the state, resulting in a culture of self-blame for errors that have not been committed. […]
Looking beyond the UN? on August 28, 2024Shouldn’t the world start considering alternative solutions beyond the UN, given its glaring failure to halt the ongoing Palestinian genocide? The United Nations, established as a platform for all nations to have equal representation, unfortunately mirrors the influence of the victorious powers of World War II. This inequitable setup draws parallels to the power dynamics […]
Gaza : Exploring the Legal Ramifications on August 19, 2024Amid the tragic events in Gaza, a pertinent question to the fore: What provisions does international law offer in this situation? According to the 4th Geneva Convention, the Gaza Strip is recognized as an area with Protected Persons. This designation applies to individuals who are not citizens and find themselves at the mercy of a […]
Reserved seats ruling: the conundrum of short order on August 6, 2024With the dissenting verdict in the reserved seat ruling, the scenario raises numerous critical questions: How long will it take until the majority decision is released? Is there a time frame stipulated in the law? Does the court have absolute discretion over when to issue the detailed judgment? Is anyone aware of the anomalies linked […]
Will there be a US resolution on polls in IIOK? on July 4, 2024With a bipartisan, near-unanimous resolution passed by the US House of Representatives seeking a probe into Pakistan general elections, I find myself grappling with some troubling questions with “Will there be an American resolution on the elections of Occupied Kashmir?”, being the ultimate conundrum. Pakistan has been an arena of proxy war but never before […]
“Post Article 370” Kashmir on August 6, 2023What is the legal status of Kashmir after the abrogation of Article 370? Has Kashmir now become a part of the Indian Union Territory just because India has revoked some parts of its domestic legislation? What about the UN Security Council Resolutions and the universally acknowledged right of self-determination of the people of Kashmir? Article […]
Can a Civilian be Tried under the Army Act? on June 23, 2023As the paranoid political-legal climate grows febrile, a crunch question to the fore: can a civilian be tried under the Army Act or there is an absolute prohibition for such a trial under the Constitution? To get a correct answer to this question we have to look at the matter from the following angles; What […]