Abdul Hameed Dogar

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Abdul Hameed Dogar [1] عبدالحمید ڈوگر
Chief Justice of Pakistan[2](De facto)[3]
In office 3 November 2007[2] – 21 March 2009[4]
Nominated by	Pervez Musharaf[2]
Preceded by	Iftikhar Muhammad Chaudhry[2]
Succeeded by	Iftikhar Muhammad Chaudhry[4]
Justice Supreme Court[5]
In office 28 April 2000[6] – November 3, 2007[2]
Nominated by	Mohammad Rafiq Tarar[7]
Justice Sindh High Court[5]
In office 10 April 1995[5] – 28 April 2000[5]
Born	March 22, 1944 (1944-03-22) (age 65)[5] Sindh, Pakistan
Nationality	Pakistani

Abdul Hameed Dogar (Urdu: ^[1]عبدالحمید ڈوگر) is a former justice of Sindh High Court^[5] and a former justice of Supreme Court of Pakistan.^[5][4][8] He was the de facto Chief Justice of Pakistan, a position he was elevated to, when he took oath on the Provisional Constitutional Order (PCO), following the Proclamation of Emergency by General Pervez Musharraf as Chief of Amry Staff^[9] , on November 3, 2007.^[2]

Contents 1 Life 2 Posts held in Bar 3 Posts held in other fields 4 Judicial career 5 Controversies 5.1 Oath on PCO 1999 5.2 PCO 2007 Oath and Appointment as Chief Justice of Pakistan 5.3 Bank loan 5.4 Reassessment of daughter's FSC results 6 References 7 External links

[edit] Life

Dogar was born in the village of Gaarhi Mori, in Khairpur district, Sindh province.^[10]

He passed LL.B. from Law College, Punjab University in 1969. He enrolled as Advocate in 1970 and practiced law for 25 years before elevation to judiciary.^[5]

He also attended Third Lawyers Courses/Lectures in Shariah (Islamic Law Course) in 1991 in International Islamic University Islamabad, Al-Azhar University (Cairo) Egypt, Macca and Madina University, Saudi Arabia.^[5]

[edit] Posts held in Bar

• Secretary District Bar Association Khairpur 1973-1974.^[5]

• Joint Secretary, High Court Bar Association, Sukkur Bench 1984-85.^[5]

• President District Bar Association Khairpur 1987-88, 1989-90; 1991-92, 1993-94 and 1994-95.^[5]

[edit] Posts held in other fields

• Elected Vice Chairman, District Council, Khairpur 1979-1983.^[5]

• Member Sindh Madresah Board, Karachi 1980-1983.^[5]

• Member, Board of Governors of Board of Intermediate & Secondary Education, Sukkur 1988-1990.^[5]

• Honorary Secretary District Red Crescent Society Khairpur 1980-1985.^[5]

• Member, Syndicate, Shah Abdul Latif University, Khairpur from 1996 to April 2000.^[5]

• Chairman Board of Governors IBA from 7 March to 27 April, 2000.^[5]

• Nominated as Member Board of Governors National University of Modern Languages, Islamabad in March 2003.^[5]

• Nominated as Judge-in-Charge/Chairman of Supreme Court Employees Cooperative Housing Society, Islamabad in April 2004.^[5][6]

• nominated as Member Board of Governors National University of Modern Languages, Islamabad in March 2003.^[5]

• Nominated as Acting Chief Election Commissioner from 10 July 2004 to 3 August 2004, from 30 November 2004 to 6 December 2004 and 15 February 2005 to 16 March 2006.^[5]

[edit] Judicial career

Mr Dogar joined the judicial service on April 10, 1995 with an appointment to the Sindh High Court.^[5]

He was elevated to the Supreme Court on April 28, 2000.^[5]

Following the Proclamation of Emergency by Chief of Amry Staff^[9] General Pervez Musharraf, Dogar was appointed as Chief Justice of Pakistan.^[2] He took oath on Provisional Constitutional Order (PCO) on November 3, 2007.^[2][11] Earlier a 7-member bench of the Supreme Court had overturned the PCO.^[12] Dogar was one of the only four sitting judges in Supreme Court who immediately took oath under the PCO 2007 on November 3, 2007, when the majority of Supreme Court judges refused to take oath under the PCO.^[2] The others judges who took the PCO oath with him were Muhammad Nawaz Abbasi, Faqir Muhammad Khokhar and M. Javed Buttar.^[2] Later in the evening, in Karachi Saiyed Saeed Ashhad also took oath on PCO on November 3, 2007.^[13]

Chief Justice Abdul Hameed Dogar took a new oath on 15 December 2007, this time on the constitution.^[14]

He retired from Supreme Court on March 21, 2009.^[4]

[edit] Controversies

[edit] Oath on PCO 1999

On January 26, 2000, the higher judiciary was asked to take oath of office on PCO 1999 by the Chief Executive General Pervez Musharraf.^[15] Justice Dogar as the sitting judge of Sindh High Court took oath.^[15]

[edit] PCO 2007 Oath and Appointment as Chief Justice of Pakistan

On November 3, 2007, the Chief of the Army Staff declared emergency in Pakistan and issued a Provisional Constitutional Order (PCO). A seven bench supreme court bench headed by the Chief Justice Iftikhar Muhammad Chaudhry issued an order that declared emergency illegal and ordered that no judge shall take oath on PCO^[16].

Mr. Dogar along with 3 other judges immediately took the oath on PCO. Mr Dogar was appointed as the Chief Justice of this newly constituted Supreme Court ^[2] . On November 23, 2007, Mr Dogar and the newly constituted bench consisting of Ijaz-ul-Hassan Khan, Muhammad Qaim Jan Khan, Musa K. Leghari, Ch. Ijaz Yousaf, Muhammad Akhtar Shabbir and Zia Pervez declared that all judges, including the then Chief Justice Iftikhar Muhammad Chaudhry, who did not take oath on PCO, are deemed to have been removed from the bench^{[17] [18]}.

In a later development, on December 3, 2007 federal government issued notification of removal of three justices of Supreme Court without any retirement privileges. They were Chief Justice Iftikhar Muhammad Chaudhry, Justice Rana Bhagwandas and Justice Khalil-ur-Rehman Ramday^[19].

On March 21, 2009 when Mr Dogar retired from the bench^[4], the Chief Justice Iftikhar Muhammad Chaudhry, who was declared to have retired by 'Dogar Court'^[18], was notified as restored to bench as Chief Justice^[4]. Since Iftikhar Muhammad Chaudhry after November 3, 2007 was not re-appointed as Justice^[20] and also never re-took oath of office^[20], legallity of appointment of Mr Dogar as Chief Justice is questionable and Mr Dogar is considered as a De-facto Chief Justice rather than De-Jure^{[20][21][22][23]}

[edit] Bank loan

Dogar secured a loan of Rs 8.93 million from the National Bank of Pakistan. This was not a loan on government papers it declared as bribery^[24]

[edit] Reassessment of daughter's FSC results

An investigative report by Daily News found out that Justice Dogar's daughter Farah Hameed Dogar examination paper for F.Sc. were reassessed in violation of previous Supreme Court rulings^[25]. While the results of 201 candidates were revised only for Farah were the examination papers re-marked and the numbers increased. In the other 200 cases, only errors in adding the total marks were corrected.^[26].

[edit] References

[edit] External links

• Hon'ble Mr. Justice Abdul Hameed Dogar (Supreme Court)

• Justice Abdul Hameed Dogar has been appointed as the Chief Justice, replacing Justice Iftikhar (Dawn News)

• Bio-data of newly appointed CJP (APP)

Legal offices
Preceded by Iftikhar Muhammad Chaudhry	Chief Justice of Pakistan (De facto) 2007 – 2009	Succeeded by Iftikhar Muhammad Chaudhry

v • d • e Chief Justices of Pakistan Post-independence Rashid · Munir Military rule (1958–1971) Munir · Shahabuddin · Cornelius · S. A. Rahman · Akbar Bhutto era (1971–1977) H. Rahman · Yakub Ali Zia-ul-Haq era (1977–1988) Haq · Haleem Democratic period (1988–1999) Zullah · Shah · Jan · Ali Shah · Mian · S. Siddiqui Musharraf era (2000–2008) Khan · Jehangiri · Ahmad · N. Siddiqui · Chaudhry · Dogar (De facto) Democratic period (2008–) Dogar (De facto) · Chaudhry Italics indicate acting officeholders