Developing Liberal Jurisprudence in Pakistan: Role of Justice A. R. Cornelius

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Developing Liberal Jurisprudence in Pakistan: Role of Justice A. R. Cornelius

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Author(s): Hamid Khan

Publication date (Print): 1 January 2020

Journal: Policy Perspectives

Publisher: Pluto Journals

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Hamid Khan

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Journal ID (doi): 10.2307/j50009730

Journal ID (jcode): polipers

Title: Policy Perspectives

Publisher: Pluto Journals

ISSN: 1812-1829

ISSN: 1812-7347

Publication date (Print): 1 January 2020

Volume: 17

Issue: 1 ( doiID: 10.13169/polipers.17.issue-1 )

Pages: 129-139

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Senior Advocate, Supreme Court of Pakistan

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Publisher ID: polipers.17.1.0129

DOI: 10.13169/polipers.17.1.0129

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Justice A.R. Cornelius (01 May 1903–21 December 1991) joined Indian Civil Service in November 1926 and served as Assistant Commissioner, Ambala and later opted for judiciary in 1930. He served in a number of districts in Punjab as District & Sessions Judge including the districts of Lahore and Amritsar. Further in 1946 he was elevated as Judge of the Lahore High Court and later as a Judge of Federal Court of Pakistan in 1951. On the promulgation of the first Constitution of Pakistan in 1956, he became a judge of the Supreme Court of Pakistan. He was appointed as the Chief Justice of Pakistan in 1960 and became the first Christian Chief Justice. He served as such till his retirement in 1968. Later he worked as a Law Minister in the Cabinet of Yahya Khan, 1969–16 December 1971.
Aminullah Chaudry, “The Founding Fathers,” in Political Administrators: The Story of the Civil Service of Pakistan (Karachi: Oxford University Press, 2011).
A. R. Cornelius, Law and Judiciary in Pakistan, ed. S. M. Haider (Lahore: Lahore Law Times Publication, 1981), 10.
Clark B. Lombardi, “Can Islamizing a Legal System Ever Help Promote Liberal Democracy?: A View from Pakistan,” University of St. Thomas Law Journal 7, no. 3 (2010): 649–691, https://ir.stthomas.edu/cgi/viewcontent.cgi?article=1237&context= ustlj.
Ibid.
Cornelius, Law and Judiciary in Pakistan, 58, 229, 284.
Khurram Ali Shafique, “Cornelius and Sharia Law,” Dawn, January 13, 2011, https://www.dawn.com/news/598409/cornelius–and–sharia–law.
G. Edward White, “Earl Warren as Jurist,” Virginia Law Review 67, no. 3 (1981): 461–551. DOI: 10.2307/1072897.
Brown v. Board of Education of Topeka, [1954] 347, 483 (USA). In this case justice Earl Warren declared that segregation and equality can never be held parallel. The Court ruled that American state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. Handed down on May 17, 1954, the Court's unanimous (9—-0) decision stated that 'separate educational facilities are inherently unequal,' and therefore violate the Equal Protection Clause of the Fourteenth Amendment of the US Constitution. However, the decision's 14 pages did not spell out any sort of method for ending racial segregation in schools, and the Court's second decision in Brown v. Board of Education of Topeka, [1955] 349 294 (USA) only ordered states to desegregate 'with all deliberate speed.'
Cornelius, Law and Judiciary in Pakistan, 10.
Maulvi Tamizuddin Khan v. Federation of Pakistan, [1955] PLD Sindh 96 (Pak.)
Public and Representation Offices Disqualification Act of 1949 Central Acts 173 (1949). See also PLD 1949 Central Acts, Ordinances, Orders and Notifications, p.177.
Hamid Khan, Constitutional and Political History of Pakistan, 2nd ed. (Karachi: Oxford University Press, 2009), 78.
Wayne Ayres Wilcox, Pakistan: The Consolidation of a Nation (New York: Columbia University Press, 1963).
Ibid. 78;79.
An extraordinary court order made to an inferior court or government official.
A writ quo warranto is used to challenge a person's right to hold a public or corporate office.
It is interesting to note that in the writ petition, Maulvi Tamizuddin Khan had arrayed Muhammad Ali Bogra, the Prime Minister and member of his new Cabinet, namely Major–General Iskandar Mirza, M. A. H Isphahani, Dr A. M. Malik, Dr Khan Shahib, General Muhammad Ayub Khan, Ghayasuddin Pathan, and Mir Ghulam Ali Talpur, as respondents. He, thus, challenged the formation of the new Cabinet and their being ministers in it.
Maulvi Tamizuddin Khan v. Federation of Pakistan, [1955] PLD Sindh 96.
Khan, Constitutional and Political History of Pakistan, 81–82.
Ibid. 83.
Ibid. 84.
Hamid Khan, “An Era of Legal Battels,” in Constitutional and Political History of Pakistan, 85.
Usif Patel and Two Others v. The Crown, [1955] PLD Federal Court 387 (Pak.).
The Constitution of the Republic of Pakistan of 1962, Art. 224, and Art. 242 (1962).
Usif Patel and Two Others v. The Crown.
Reference by His Excellency Governor–General, [1955] PLD Federal Court 435 (Pak.).
Khan, “An Era of Legal Battles,” 87.
Reference by His Excellency Governor–General.
Ibid.
Khan, “An Era of Legal Battles,” 88.
State v. Dosso, [1958] PLD S.C. 533 (Pak.).
Ibid.
Khan, Constitutional and Political History of Pakistan (Karachi: Oxford University Press, 2005), 214.
Ibid.
Saiyyid Abul A'la Maudoodi v. Government of West Pakistan, [1964] PLD SC 673.
Muhammad Rizwan, “Remedies in Judicial Review of Administrative Action” (paper, Superior University Lahore, Lahore, 2017), https://www.academia.edu/37734820/Remedies_in_Judicial_Review_of_Administrative_Action.
The Right of the petitioner to appear and be heard in a Court on a matter.
Ibid.
Tariq Transport Company, Lahore v. Sargodha–Bhera Bus Service, [1958] PLD SC 437 (Pak.).
Government of East Pakistan v. Rowshan Bijaya Shaukat Ali Khan, [1966] PLD SC 286.
Commissioner of Income Tax, East Pakistan v. Fazl ur Rehman and Saeed ur Rehman, [1964] PLD SC 410.
Farid Sons Limited v. Government of Pakistan, [1961] PLD SC 537.
Muhammad Zafarullah Khan v. The Custodian of Evacuee Property, [1964] PLD S.C. 865 (Pak.).
Malik Ghulam Jilani v. The Government of West Pakistan, [1967] PLD SC 373 (Pak.).
Abdul Rauf v. Abdul Hamid Khan, [1965] PLD SC 671 (Pak.).

Comments

Comment on this article

[1] Justice A.R. Cornelius (01 May 1903–21 December 1991) joined Indian Civil Service in November 1926 and served as Assistant Commissioner, Ambala and later opted for judiciary in 1930. He served in a number of districts in Punjab as District & Sessions Judge including the districts of Lahore and Amritsar. Further in 1946 he was elevated as Judge of the Lahore High Court and later as a Judge of Federal Court of Pakistan in 1951. On the promulgation of the first Constitution of Pakistan in 1956, he became a judge of the Supreme Court of Pakistan. He was appointed as the Chief Justice of Pakistan in 1960 and became the first Christian Chief Justice. He served as such till his retirement in 1968. Later he worked as a Law Minister in the Cabinet of Yahya Khan, 1969–16 December 1971.

[2] Aminullah Chaudry, “The Founding Fathers,” in Political Administrators: The Story of the Civil Service of Pakistan (Karachi: Oxford University Press, 2011).

[3] A. R. Cornelius, Law and Judiciary in Pakistan, ed. S. M. Haider (Lahore: Lahore Law Times Publication, 1981), 10.

[4] Clark B. Lombardi, “Can Islamizing a Legal System Ever Help Promote Liberal Democracy?: A View from Pakistan,” University of St. Thomas Law Journal 7, no. 3 (2010): 649–691, https://ir.stthomas.edu/cgi/viewcontent.cgi?article=1237&context= ustlj.

[5] Ibid.

[6] Cornelius, Law and Judiciary in Pakistan, 58, 229, 284.

[7] Khurram Ali Shafique, “Cornelius and Sharia Law,” Dawn, January 13, 2011, https://www.dawn.com/news/598409/cornelius–and–sharia–law.

[8] G. Edward White, “Earl Warren as Jurist,” Virginia Law Review 67, no. 3 (1981): 461–551. DOI: 10.2307/1072897.

[9] Brown v. Board of Education of Topeka, [1954] 347, 483 (USA). In this case justice Earl Warren declared that segregation and equality can never be held parallel. The Court ruled that American state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. Handed down on May 17, 1954, the Court's unanimous (9—-0) decision stated that 'separate educational facilities are inherently unequal,' and therefore violate the Equal Protection Clause of the Fourteenth Amendment of the US Constitution. However, the decision's 14 pages did not spell out any sort of method for ending racial segregation in schools, and the Court's second decision in Brown v. Board of Education of Topeka, [1955] 349 294 (USA) only ordered states to desegregate 'with all deliberate speed.'

[10] Cornelius, Law and Judiciary in Pakistan, 10.

[11] Maulvi Tamizuddin Khan v. Federation of Pakistan, [1955] PLD Sindh 96 (Pak.)

[12] Public and Representation Offices Disqualification Act of 1949 Central Acts 173 (1949). See also PLD 1949 Central Acts, Ordinances, Orders and Notifications, p.177.

[13] Hamid Khan, Constitutional and Political History of Pakistan, 2nd ed. (Karachi: Oxford University Press, 2009), 78.

[14] Wayne Ayres Wilcox, Pakistan: The Consolidation of a Nation (New York: Columbia University Press, 1963).

[15] Ibid. 78;79.

[16] An extraordinary court order made to an inferior court or government official.

[17] A writ quo warranto is used to challenge a person's right to hold a public or corporate office.

[18] It is interesting to note that in the writ petition, Maulvi Tamizuddin Khan had arrayed Muhammad Ali Bogra, the Prime Minister and member of his new Cabinet, namely Major–General Iskandar Mirza, M. A. H Isphahani, Dr A. M. Malik, Dr Khan Shahib, General Muhammad Ayub Khan, Ghayasuddin Pathan, and Mir Ghulam Ali Talpur, as respondents. He, thus, challenged the formation of the new Cabinet and their being ministers in it.

[19] Maulvi Tamizuddin Khan v. Federation of Pakistan, [1955] PLD Sindh 96.

[20] Khan, Constitutional and Political History of Pakistan, 81–82.

[21] Ibid. 83.

[22] Ibid. 84.

[23] Hamid Khan, “An Era of Legal Battels,” in Constitutional and Political History of Pakistan, 85.

[24] Usif Patel and Two Others v. The Crown, [1955] PLD Federal Court 387 (Pak.).

[25] The Constitution of the Republic of Pakistan of 1962, Art. 224, and Art. 242 (1962).

[26] Usif Patel and Two Others v. The Crown.

[27] Reference by His Excellency Governor–General, [1955] PLD Federal Court 435 (Pak.).

[28] Khan, “An Era of Legal Battles,” 87.

[29] Reference by His Excellency Governor–General.

[30] Ibid.

[31] Khan, “An Era of Legal Battles,” 88.

[32] State v. Dosso, [1958] PLD S.C. 533 (Pak.).

[33] Ibid.

[34] Khan, Constitutional and Political History of Pakistan (Karachi: Oxford University Press, 2005), 214.

[35] Ibid.

[36] Saiyyid Abul A'la Maudoodi v. Government of West Pakistan, [1964] PLD SC 673.

[37] Muhammad Rizwan, “Remedies in Judicial Review of Administrative Action” (paper, Superior University Lahore, Lahore, 2017), https://www.academia.edu/37734820/Remedies_in_Judicial_Review_of_Administrative_Action.

[38] The Right of the petitioner to appear and be heard in a Court on a matter.

[39] Ibid.

[40] Tariq Transport Company, Lahore v. Sargodha–Bhera Bus Service, [1958] PLD SC 437 (Pak.).

[41] Government of East Pakistan v. Rowshan Bijaya Shaukat Ali Khan, [1966] PLD SC 286.

[42] Commissioner of Income Tax, East Pakistan v. Fazl ur Rehman and Saeed ur Rehman, [1964] PLD SC 410.

[43] Farid Sons Limited v. Government of Pakistan, [1961] PLD SC 537.

[44] Muhammad Zafarullah Khan v. The Custodian of Evacuee Property, [1964] PLD S.C. 865 (Pak.).

[45] Malik Ghulam Jilani v. The Government of West Pakistan, [1967] PLD SC 373 (Pak.).

[46] Abdul Rauf v. Abdul Hamid Khan, [1965] PLD SC 671 (Pak.).