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Supremacy of Constitution & Independence Of Judiciary By Hamid Khan JWT


It is at times embarrassing to have one’s speeches, research papers and articles published in a book form. It can be taken as pretentious on one’s part. However initiative in this behalf was taken by a colleague, Syed Muzammil Ali Akram, who was an Associate of Cornelius, Lane and Mufti (CLM) in the year 1998/99. He expressed his interest in publishing my speeches, research papers and other articles in a book form the aegis of an organization called the ‘Freedom Forum for Human Rights and Development’ (FORWARD), of which he was the director.

This book was published under the title “The Judicial Organ” and was well received. Now that more than 20 years had elapsed since its publication in 1999, I thought that it is time the research papers and other articles written after 1999 and presented at various international or national conferences and/or published in newspapers, books, magazines and journals be added to that compilation to bring out an up to date treatise. All this material revolves around the subjects of ‘supremacy of Constitution’ and ‘independence of judiciary and embodies my struggle to promote these causes in Pakistan. However, due to addition of new material, the title of the book published in 1999 has to be changed. Therefore, a new title ‘Supremacy of Constitution and Independence of Judiciary’ has been selected for the new publication.

It is certainly not an attempt at self projection. I am fully aware that I am an ordinary, humble fighter in pursuit of these objectives. The publication is intended to spread awareness about the deficiencies in constitutional dispensation and functioning of judiciary. Regardless of whether the military establishment is in direct or indirect control of state apparatus, the judiciary has always been under great strain undermining its independence. This unfortunately has continued unabated. Situation continues to be grave in the areas of ‘supremacy of constitution’, ‘independence of judiciary’ and ‘rule of law’ generally. All this is reflected in the contents of the publication.

Some of the items included in this compilation have not published previously. These include biographical sketches particularly of persons I have known and admired, like Mian Mahmood Ali Kasuri and Malik Mairaj Khalid. I have always felt that we do not give due recognition and importance to our heros whose character and conduct should have served as a model for others. It is something we need to reflect on as a nation.

I express my gratitude to Syed Muzammil Ali Akram, who is now settled in United Kingdom, for editing the manuscript. I am also grateful to Mr. Adeel Niaz for accepting this compilation for publication by ‘JAHANGIR BOOKS’, a renowned publisher. I am also thankful to Mr. Muhammad Sheraz, consultant/writer, for organizing and arranging the material methodically and for taking pains in this behalf. Supremacy of Constitution & Independence Of Judiciary By Hamid Khan JWT

Hamid Khan

14 March 2021