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{{Infobox Judge {{Infobox Judge
|name = Abdul Hameed Dogar<br><small>عبدالحمید ڈوگر</small> |name = Abdul Hameed Dogar
|image = Abdul_hameed_dogar.jpg |image = Abdul_hameed_dogar.jpg
|caption = |caption =
|nationality = {{flagicon|Pakistan}} ]i |nationality = {{flagicon|Pakistan}} ]i
|religion = Islam |religion =
|birth_date = {{bda|1944|3|22}} |birth_date =
|birth_place = ], ] |birth_place = ], ]
|death_date = |death_date =
|death_place = |death_place =


|order = ] |order = ]<ref name="dawn-cj" />
|term_start = 3 November 2007 |term_start = 3 November 2007<ref name="dawn-cj" />
|term_end = 21 March 2009 |term_end = 21 March 2009<ref name="rushmore-drive" />
|predecessor = ] |predecessor = ]<ref name="dawn-cj" />
|successor = ] |successor = ]<ref name="rushmore-drive" />
|nominator = ] |nominator = ]<ref name="dawn-cj" />


|order4 = Justice ] |order4 = Justice ]<ref name="dawn-cj" />
|term_start4 = April 28, 2000 |term_start4 = 28 April 2000<ref name="annual-report2004" /><!--p. 20-->
|term_end4 = November 3, 2007 |term_end4 = November 3, 2007<ref name="dawn-cj" />
|predecessor4 = |predecessor4 =
|successor4 = |successor4 =
|nominator4 = ]{{Fact|date=April 2009}} |nominator4 = ]{{Fact|date=April 2009}}


|order5 = Justice ] |order5 = Justice ]{{Fact|date=April 2009}}
|term_start5 = April 10, 1995 |term_start5 = April 1995<ref name="annual-report2004" /><!--p.27-->
|term_end5 = April 2000{{Fact|date=April 2009}}<!--annual-report2004 p.27 insinuates it could have been the 27th or 28th, or much earlier-->
|term_end5 = April 28, 2000
|predecessor5 = |predecessor5 =
|successor5 = |successor5 =
|nominator5 = |nominator5 =
}} }}
'''Abdul Hameed Dogar''' ({{Lang-ur|'''عبدالحمید ڈوگر'''}}) was the ] ], a position he was elevated to when he took oath on the ] (PCO), following the controversial ] by President General ], on November 3, 2007.<ref name="dawn-cj">{{cite news '''Abdul Hameed Dogar''' was the ] ], a position he was elevated to when he took oath on the ] (PCO), following the controversial ] by President General ], on November 3, 2007.<ref name="dawn-cj">{{cite news
|title=Justice Dogar new CJ; a number of judges opt out |title=Justice Dogar new CJ; a number of judges opt out
|url=http://www.dawn.com/2007/11/04/top3.htm |url=http://www.dawn.com/2007/11/04/top3.htm
Line 43: Line 43:
|accessdate=2008-09-24}}</ref> |accessdate=2008-09-24}}</ref>


Dogar was one of the only four sitting judges out of eighteen in ] who immediately took oath under the ]on November 3, 2007, when the majority of Supreme Court judges refused to take oath under the PCO.<ref name="dawn-cj" /> The others judges who took oath with him were ], ] and ].<ref name="dawn-cj" />.Later in the evening, in Karachi ] also took oath on PCO on November 3, 2007<ref name=APP20071104> Dogar was one of the only four sitting judges in ] who immediately took oath under the ] on November 3, 2007, when the majority of Supreme Court judges refused to take oath under the PCO.<ref name="dawn-cj" /> The others judges who toook the oath under the new PCO was ], ], and ].<ref name="dawn-cj" />.
{{cite news
|date = November 3, 2007
|title = سپریم کورٹ کے مسٹر جسٹس سید سعید اشہد نے پی سی او کے تحت حلف اٹھا لیا
|author = Associated Press of Pakistan
|publisher =
|url = http://www.app.com.pk/ud_/index.php?option=com_content&task=view&id=4538
|accessdate = 2009-04-21
}}</ref>.


Chief Justice Abdul Hameed Dogar took a new oath on 15 December 2007, this time on the ].<ref>http://www.thenews.com.pk/updates.asp?id=33997</ref> Chief Justice Abdul Hameed Dogar took a new oath on 15 December 2007, this time on the ].<ref>http://www.thenews.com.pk/updates.asp?id=33997</ref>


==Early life== ==Early life==
Justice Dogar was born in the village of ''Gaarhi Mori'', in ] district, ].<ref name="annual-report2004"></ref> Dogar was born in the village of ''Gaarhi Mori'', in ] district, ].{{Fact|date=April 2009}}


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<ref name="annual-report2004" />. He passed LL.B. from Law College, Punjab University in 1969, enrolled as advocate in 1970, and practiced law for 25 years before elevation to judiciary.<ref name="annual-report2004"></ref>


==Posts held in Bar== ==Posts held in Bar==
Secretary District Bar Association Khairpur 1973-1974; Joint Secretary, High Court Bar Association, Sukkur Bench 1984-85; President District Bar Association Khairpur 1987-88, 1989-90; 1991-92, 1993-94 and 1994-95.<ref name="annual-report2004" /> Secretary District Bar Association Khairpur 1973-1974; Joint Secretary, High Court Bar Association, Sukkur Bench 1984-85; President District Bar Association Khairpur 1987-88, 1989-90; 1991-92, 1993-94 and 1994-95.{{Fact|date=April 2009}}


==Posts held in other fields== ==Posts held in other fields==
*1991: Attended Third Lawyers Courses/Lectures in Shariah (Islamic Law Course) in International Islamic University Islamabad<ref name="annual-report2004" /><!--p. 27-->
Elected Vice Chairman, District Council, Khairpur 1979-1983<ref name="annual-report2004"></ref>.
*1996 to April 2000{{Fact|date=April 2009}}: Member, Syndicate, Shah Abdul Latif University, Khairpur<ref name="annual-report2004" /><!--p. 92-->
*April 2004{{Fact|date=April 2009}}: Chariman of Supreme Court Employees Cooperative Housing Society<ref name="annual-report2004" /><!--p. 92-->
Member Sindh Madresah Board, Karachi 1980-1983<ref name="annual-report2004"></ref>.
Member, Board of Governors of Board of Intermediate & Secondary Education, Sukkur 1988-1990<ref name="annual-report2004"></ref>.

Honorary Secretary District Red Crescent Society Khairpur 1980-1985<ref name="annual-report2004"></ref>.
Member, Syndicate, Shah Abdul Latif University, Khairpur from 1996 to April 2000<ref name="annual-report2004"></ref>.
Chairman Board of Governors IBA from 7 March to 27 April, 2000<ref name="annual-report2004"></ref>.

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<ref name="annual-report2004"></ref>.
Nominated as Member Board of Governors National University of Modern Languages, Islamabad in March 2003<ref name="annual-report2004"></ref>.
Nominated as Judge-in-Charge of Supreme Court Employees Cooperative Housing Society, Islamabad in April 2004
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<ref name="annual-report2004"></ref>.
Chairman Supreme Judicial Council, Law and Justice Commission, Federal Judicial Academy, National Judicial Policymaking Committee and the Governing Body, Access to Justice Development Fund.<ref name="annual-report2004" />

==Judicial career== ==Judicial career==
Mr Dogar joined the judicial service on April 10, 1995 with an appointment to the ]. He was elevated to the Supreme Court on April 28, 2000.<ref name="annual-report2004" /> Mr Dogar joined the judicial service on April 1995 with an appointment to the ]. He was elevated to the Supreme Court on April 28, 2000.<ref name="annual-report2004" />


Mr Dogar was appointed to the position of ] on November 3, 2007 and he took an oath on the ] (PCO) written by General ], which replaced the ].<ref>http://www.thaindian.com/newsportal/world-news/hameed-dogar-sworn-in-as-new-pakistan-chief-justice_1003682.html</ref> Mr Dogar was appointed to the position of ] on November 3, 2007 and he took an oath on the ] (PCO) written by General ], which replaced the ].<ref>http://www.thaindian.com/newsportal/world-news/hameed-dogar-sworn-in-as-new-pakistan-chief-justice_1003682.html</ref>
Line 102: Line 76:
|date=2009-03-16 |date=2009-03-16
|accessdate=2009-04-22}}</ref> |accessdate=2009-04-22}}</ref>



==Controversies== ==Controversies==
Line 127: Line 100:
|accessdate=2009-04-03}}</ref>. |accessdate=2009-04-03}}</ref>.


On March 21, 2009 when Mr Dogar retired from the bench, the Chief Justice ], who was declared to have retired by 'Dogar Court', was notified as restored to bench as Chief Justice. Since ] after November 3, 2007 was not re-appointed as Justice and also never re-took oath of office, legallity of appointment of Mr Dogar is questionable and Mr Dogar is considered as a De-facto Chief Justice rather than De-Jure<ref> On March 21, 2009 when Mr Dogar retired from the bench, the Chief Justice ].<ref>
{{cite news {{cite news
|url=http://www.geo.tv/3-16-2009/37454.htm |url=http://www.geo.tv/3-16-2009/37454.htm

Revision as of 21:19, 22 April 2009

Abdul Hameed Dogar
File:Abdul hameed dogar.jpg
Chief Justice of Pakistan
In office
3 November 2007 – 21 March 2009
Nominated byPervez Musharaf
Preceded byIftikhar Muhammad Chaudhry
Succeeded byIftikhar Muhammad Chaudhry
Justice Supreme Court
In office
28 April 2000 – November 3, 2007
Nominated byMohammad Rafiq Tarar
Justice Sindh High Court
In office
April 1995 – April 2000
Personal details
BornSindh, Pakistan
NationalityPakistan Pakistani

Abdul Hameed Dogar 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 controversial Proclamation of Emergency by President General Pervez Musharraf, on November 3, 2007. Earlier a 7-member bench of the Supreme Court had overturned the PCO.

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. The others judges who toook the oath under the new PCO was Muhammad Nawaz Abbasi, Faqir Muhammad Khokhar, and Muhammad Javed Buttar..

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

Early life

Dogar was born in the village of Gaarhi Mori, in Khairpur district, Sindh province.

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

Posts held in Bar

Secretary District Bar Association Khairpur 1973-1974; Joint Secretary, High Court Bar Association, Sukkur Bench 1984-85; President District Bar Association Khairpur 1987-88, 1989-90; 1991-92, 1993-94 and 1994-95.

Posts held in other fields

  • 1991: Attended Third Lawyers Courses/Lectures in Shariah (Islamic Law Course) in International Islamic University Islamabad
  • 1996 to April 2000: Member, Syndicate, Shah Abdul Latif University, Khairpur
  • April 2004: Chariman of Supreme Court Employees Cooperative Housing Society

Judicial career

Mr Dogar joined the judicial service on April 1995 with an appointment to the Sindh High Court. He was elevated to the Supreme Court on April 28, 2000.

Mr Dogar was appointed to the position of Chief Justice of Pakistan on November 3, 2007 and he took an oath on the Provisional Constitutional Order (PCO) written by General Pervez Musharraf, which replaced the Constitution.

He retired from Supreme Court on March 21, 2009.

Controversies

Appointment to post of 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.

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 . 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 and all other judges who did not take oath on PCO, are deemed to have been removed from the bench .

On March 21, 2009 when Mr Dogar retired from the bench, the Chief Justice Iftikhar Muhammad Chaudhry.

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

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. 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..

References

  1. ^ "Justice Dogar new CJ; a number of judges opt out". Dawn. 2007-11-04. Retrieved 2008-09-24.
  2. ^ "Dogar retires, Iftikhar to resume duties today". RushmoreDrive. 2009-03-21. Retrieved 2009-04-19."Justice Iftikhar Chaudhry Restored As Chief Justice of Pakistan". NowPublic. 2009-03-16. Retrieved 2009-04-22.
  3. ^ Supreme Court Annual Report 2004
  4. "Seven judges reject PCO before being sent home". Dawn. 2007-11-04. Retrieved 2008-09-24.
  5. http://www.thenews.com.pk/updates.asp?id=33997
  6. http://www.thaindian.com/newsportal/world-news/hameed-dogar-sworn-in-as-new-pakistan-chief-justice_1003682.html
  7. "Justice Iftikhar 'stayed' emergency, PCO". Daily Times (Pakistan). 2007-11-04.
  8. "Justice Dogar new CJ; a number of judges opt out". Dawn. 2007-11-04. Retrieved 2009-04-03.
  9. "SC hands out clean chit to Musharraf : •Emergency, PCO validated •Deposed judges criticised". Dawn. 2007-11-23. Retrieved 2009-04-03.
  10. "SC issues detailed verdict validating PCO, emergency". Pakistan Observer. 2008-02-15. Retrieved 2009-04-03.
  11. "Justice Iftikhar Chaudhry to be restored as Chief Justice of Pakistan". Geo.tv. 2008-11-15. Retrieved 2008-11-15.
  12. "No new oath for Pakistani judge". BBC NEWS. 2009-03-17. Retrieved 2009-04-20.
  13. "Zardari says he was waiting for Dogar's retirement to reinstate Chaudhry". The GAEA NEWS. 2009-03-17. Retrieved 2009-04-20.
  14. Muhammad Waqas Malik (2009-03-17). "Confusion Between Dejure & Defacto". National Co-ordination of Councils. Retrieved 2009-04-20..
  15. Khaleeq Kiani. NBP deviates from ‘Saibaan’ policy 2008-02-12
  16. Ansar Abbasi. CJ's daughter has a head start over thousands 2008-11-25
  17. FBISE clarifies, The News rebuts 2008-11-26

External links

Legal offices
Preceded byIftikhar Muhammad Chaudhry Chief Justice of Pakistan (De facto)
2007 – 2009
Succeeded byIftikhar Muhammad Chaudhry
Chief justices of Pakistan
Emblem of the Supreme Court of Pakistan
Emblem of the Supreme Court of Pakistan
Italics indicate acting officeholders
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