Sardar Muhammad Aslam
| Sardar Muhammad Aslam سردار محمد اسلم |
|
|---|---|
| Justice Supreme Court of Pakistan | |
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In office 7 March 2009 – 9 March 2012 |
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| Nominated by | Asif Ali Zardari |
| 1st 1st Chief Justice Islamabad High Court | |
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In office 7 February 2008 – 6 March 2009 |
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| Nominated by | Pervez Musharaf |
| Preceded by | NONE |
| Succeeded by | M.Bilal Khan |
| Associate Justice of Lahore High Court | |
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In office 3 September 2003 – 6 February 2008 |
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| Nominated by | Pervez Musharaf |
| Personal details | |
| Born | 10 March 1947 British Indian Empire |
| Nationality | Pakistani |
| Religion | Islam |
Sardar Muhammad Aslam (Urdu: سردار محمد اسلم) is a former Justice of Lahore High Court, jurist and professional lawyer from Pakistan. He also was justice in Supreme Court of Pakistan, a former Chief Justice of Islamabad High Court. However, as result of Constitution Petition No. 09 Of 2009 and Constitution Petition No. 08 Of 2009 in the Supreme Court of Pakistan, on 31 July 2009, the court held his elevation to Supreme Court as unconstitutional, void ab initio and of no legal effect. In addition in the same decision, the institute of Islamabad High Court as held as un-constitutional and of no legal effect.
Aslam has a Masters in Arts (M.A) and Bachelor of Laws (LL.B.).
Aslam was appointed as Additional Judge of Lahore High Court on 3 September 2003 and confirmed as a judge in 2004. He remained on bench of Lahore High Court till 6 February 2008. He was then made the fist Chief Justice of a newly created Islamabad High Court. He took oath of that office on 7 February 2008 from President of Islamic Republic of Pakistan General Pervez Musharaf. On 7 March 2008, he was appointed to Supreme Court of President of Islamic Republic of Pakistan Asif Ali Zardari. Islamabad High Court proved to be modern and efficient institution for the Islamabad Capital Territory, commonly cherished for its transparency.
On 31 July 2009, the Supreme Court of Pakistan while hearing Constitution Petition No. 09 and 08 Of 2009 held that any appointment made in higher judiciary (Supreme Court or High Courts) between 3 November 2007 up to 22 March 2009 as unconstitutional, void ab initio and of no legal effect. The court held that all such elevation will revert to position of 2 November 2007, subject to their age of superannuation. As the result of the decision, Aslam was deemed to have retired as a judge of Lahore High Court.
In the 31 July 2009 judgement, the court also declared the creation of Islamabad High Court as unconstitutional, and of no legal effect.
On 3 November 2007 Chief of Army Staff in Pakistan declared emergency and issued a Provisional Constitutional Order. A seven panel supreme court issued an order that declared the declaration of emergency as illegal and prohibited all judges to take oath on any PCO. Justice Aslam was a sitting judge in Lahore High Court choose to take the oath on PCO on 4 November 2007. Along with him Abdul Shakoor Paracha, Sardar Muhammad Aslam, Sheikh Hakim Ali and Syed Sajjad Hussain Shah also took oath on PCO at the same time. As on 31 March 2009, the PCO has not been given protection by any constitutional amendment. In the past all PCO were at a later point given constitutional protection.
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