Tuesday, November 27, 2012

Bhagat Singh Application 1-10 before Lahore High Court

The 1-10 application that LHC's writ branch has frivolously stopped from getting fixed tomorrow with the main case. 



In re:
                                           Tahreek-e-Hurmat-e-Rasool versus CDGL etc

Diep Saeeda, wife of ___________,  resident of __________________________________                                                                                                            ……………………APPLICANT

Respectfully Sheweth:-
  1. That titled writ petition is pending adjudication before this Honourable Court.
  2. That the Applicant is a renowned peace and social activist who is filing the present application as a concerned resident of Lahore and a citizen of Pakistan and is both a necessary and a proper party because the issue affects all residents of Lahore and also citizens of Pakistan, as matters germane to the ideology and patriotism are involved, and because the Applicant wants to place on record certain important facts regarding the issue under litigation.
  3. That the issue pertains to the renaming of Shadman Chowk as Bhagat Singh Chowk after Bhagat Singh, a renowned freedom fighter, who was hanged after a trial by the British authorities on 23 March, 1931. That a frivolous impression has been created by the Petitioner organization in the present case that the decision to rename the Shadman Chowk after the name of a great freedom fighter is somehow a conspiracy against Pakistan, whereas contrary to this claim, it is the position of the present Applicant that the renaming of Shadman Chowk after Bhagat Singh, a son of the soil, is a supreme act of patriotism.
  4. That the Applicant submits that Pakistan is a Muslim majority country where all of us respect and cherish the Holy Prophet (PBUH). It is submitted that the petitioner organization, the objective of which is to safeguard the honour of our Holy Prophet (PBUH), has no locus standi in the present matter as Bhagat Singh, the freedom fighter, was known to hold no animosity towards Islam or our Holy Prophet (PBUH) and for the implication to contrary, the Petitioner may be put to strict proof by this Honourable Court. It is submitted that Bhagat Singh was a non-communal freedom fighter who stood for the independence of the subcontinent from British imperialism for all people of the subcontinent including Muslims.  Some of the finest Islamic scholars of the time including Maulana Hasrat Mohani, Obaidullah Sindhi and Zafar Ali Khan supported Bhagat Singh’s valiant struggle against the British rule. Many of Bhagat Singh’s closest associates were Muslims including Syed Haider Raza and even Bhagat Singh’s counsel was a Muslim, Asaf Ali, not to mention that Quaid-e-Azam  Muhammad Ali Jinnah also staunchly supported Bhagat Singh. Therefore on this ground of locus standi of the Petitioner organization alone the petition deserves to be dismissed.
  5. That the Applicant wants to place on record that Quaid-e-Azam Muhammad Ali Jinnah was one of the loudest voices in support of Bhagat Singh in all of India, even appearing as a witness for the defence in the case against Bhagat Singh pertaining to the cracker bombs in the Indian Legislative Assembly.  It is further submitted that the Quaid-e-Azam on September 12 and September 14, 1929 delivered a scathing speech against the British Government and in particular the Punjab Government for its treatment of Bhagat Singh. It is submitted that the Quaid-e-Azam fully sympathized with the reasons and motivations behind Bhagat Singh’s actions and called him a patriot and man with a soul. This speech is part of the record of the collected works of Quaid-e-Azam Muhammad Ali Jinnah. It is submitted that after the Quaid’s brilliant oratory in support of Bhagat Singh, the question of renaming the chowk after Bhagat Singh being against the ideology of Pakistan does not arise.
  6. That it may be pointed out that Bhagat Singh, though born in a Sikh family, had himself transcended community and was a revolutionary patriot.  It is submitted that Bhagat Singh was a staunch critic of communal politics of all kinds and was considered an opponent of the Congress Party. It is further submitted that Bhagat Singh contributions to the cause of freedom for all people of this region, Muslim, Hindu, Sikh and others are made of sterling stuff and to appropriate him to one community or one nation of this subcontinent is unfortunate. It is submitted that Bhagat Singh was a son of the soil, a revolutionary and a freedom fighter who was from this region and who was hanged here, which is why Pakistan has a greater claim to Bhagat Singh than India.
  7. That the Applicant is also incensed at the Petitioner’s suggestion that the Shadman Chowk be renamed after Chaudhry Rehmat Ali, who in his writings roundly abused and attacked Quaid-e-Azam Muhammad Ali Jinnah, using language such as “quisling” and “traitor”. While it is true that Chaudhry Rehmat Ali came up with the name Pakistan but it is well known that Rehmat Ali distanced himself from the country that was founded at midnight of 14th and        15th of August, 1947, choosing instead to live out the rest of his life in Cambridge England and writing abusive tomes against Quaid-e-Azam and the Muslim League.
  8. That CDGL’s decision to rename the chowk after Bhagat Singh is a case of legitimate exercise of executive authority which cannot be impugned as it is an executive decision and is certainly not anti-Pakistan or anti-Islam by any stretch of imagination.
  9. That it is in interest of justice to implead the Applicant as a party to the present proceedings.
WHEREFORE it is prayed that this Honourable Court impleads the Applicant as both a necessary and proper party to the aforesaid writ petition.


                       (YASSER LATIF HAMDANI)
ADVOCATE HIGH COURT                                                    ADVOCATE HIGH COURT
PLH 44363                                                                                     PLH 42545

Sunday, November 25, 2012

Fair trial and its essentials in the age of terrorism

By Barrister Amjad Malik

This paper was read at the SCBA conference recently.

Two thousand years ago, Marcus Tullius Cicero, Roman philosopher, orator, lawyer, and politician, once stated that

"The soul, mind, and meaning of a State lie in its Laws".

That is, laws are a reflection of the state's mindset and commitment to fight issues like terrorism and target killings.

9/11 changed the world and internal security and anti-terrorism laws all over the world were no exception to this change. The most visible change was observed at the global lawmakers’ reaction against the emerging threats of terrorism and how they devised new ways and mechanisms to deter these threats. Law Enforcement Agencies (LEA’s) all around the globe got special powers to cope with the emerging internal security challenges.

Thursday, November 22, 2012

Religion, law and Bhagat Singh

When the East India Company first came to India in 1601, it claimed — through the principle of extraterritoriality — to be governed by its own laws, rejecting lex loci or the local laws of the Mughal Empire and its feudatories. Accordingly, the earliest charters empowered the East India Company to draw up reasonable laws in consonance with the principles of English common law. The charter of 1726 applied the laws of England, in entirety, directly to the East India Company’s holdings in India, namely the towns of Calcutta, Madras and Bombay, and all their residents. English law was applied in these towns not just to the English settlers and traders but all communities, castes and people residing within the boundaries of these towns, without any distinction.

Wednesday, November 21, 2012

What every Pakistani lawyer should know! How to make a living as a lawyer in Pakistan

By Yasser Latif Hamdani

I am a lawyer with six years of experience who is now in a position to make some what of a living from the legal profession. It is in this capacity that I would like to give all lawyers and law students advice.

To begin with if your dad is not a judge or a leading lawyer or extremely well connected in the power circles of Pakistan  and you have decided to pursue a legal career in Pakistan, know that you are a hero, most probably a tragic hero but a hero nonetheless. You don't need to read this article. You are beyond help. If on the other hand you are a budding law student working towards a law degree - you need to read this article to make a more informed career choice.

Wednesday, November 7, 2012

Corporate laws Pakistan YLH&Co

Companies Related Laws of Pakistan
  • Companies Ordinance, 1984
  • Central Depository Companies (Establishment and Regulation) Rules, 1996
  • Corporate and Industrial Restructuring Corporation Ordinance, 2000
  • Non Banking Finance Companies (Establishment and Regulation) Rules, 2003
  • Modaraba Companies and Modaraba Rules, 1981
  • Takeover Ordinance, 2002
Banking Laws of Pakistan
  • Banking Companies Ordinance, 1962
  • Financial Institutions (Recovery of Finances) Ordinance, 2001
  • Banker's Books Evidence Act, 1891
  • State Bank Act, 1956
Labor Laws of Pakistan
  • The Civil Servants Act 1973
  • Industrial Relations Ordinance, 2002
Foreign Exchange Laws of Pakistan
  • Foreign Exchange Regulation Manual
  • Foreign Exchange Regulation Act, 1947
Investor's Protection Laws of Pakistan
  • Board of Investment Ordinance, 2001
  • Foreign Private Investment (Promotion and Protection) Act, 1976
  • Protection of Economic Reforms Act, 1992
Privatization Laws of Pakistan
  • Privatization Commission Ordinance, 2000
Commercial Laws of Pakistan
  • Negotiable Instruments Act, 1881
  • Sale of Goods Act, 1930
  • Partnership Act, 1932
Insurance Laws of Pakistan
  • Insurance Ordinance, 2000
  Legal Services Related to Corporate Laws of Pakistan
We are providing professional legal services in a broad spectrum of the areas of law which include the following:
  • Banking Laws of Pakistan
  • Corporate / Company Laws of Pakistan
  • Venture Capital Laws of Pakistan
  • Energy Laws of Pakistan
  • Investment Funds Laws of Pakistan
  • Commercial Property Laws of Pakistan
  • Construction & Engineering Laws of Pakistan
  • Labor & Industrial Relations Laws of Pakistan
  • Intellectual Property Rules & Laws of Pakistan
  • Immigration Laws of Pakistan
Banking Laws of Pakistan

In the midst of the uncertainty created due to the impending transition of the Pakistani financial sector to an Islamic Banking system, our center of attention is Islamic Financing. We have niche expertise in advising lenders on loans, credits and financing (including syndicate and project financing) and banking regulation. Our focus is to provide thorough, efficient and solution-oriented services to a broad base of both local and international clients.

Corporate / Company Laws of Pakistan

In general, we have solid experience in advising a gamut of companies on diverse issues, in particular, on company formation, mergers, amalgamations and acquisition.

Venture Capital Laws of Pakistan
We are experienced in this area where legal creativity combined with a practical approach are essential. We have good practical expertise in advertising venture Capital Companies, Fund Managers and Technical Advisors on a variety of transactions.

Energy Laws of Pakistan

We deal with those businesses which involve oil, gas and mineral exploration as well as development projects with particular emphasis on power generation and distribution of electricity. Our work involves negotiation with other consortium member companies, consideration of relevant statutory regimes, restructuring of interests and dealing with government authorities and relevant state-owned companies and financing institutions.

Investment Funds Laws of Pakistan

We advise in investment funds, such as unit trust, investment trust, mutual funds and investment-linked insurance policies.

Commercial Property Laws of Pakistan

We deal in all aspects of acquisition, financing and disposal of freehold and leasehold land and property.

Construction & Engineering Laws of Pakistan

We advise on construction activity, in the fields of process plant, civil engineering or building including contractual framework for project financing, and relationships between employers, designers, certifiers, contractors, sub-contractors and suppliers.

Labor & Industrial Relations Laws

We have been working on a wide range of issues with respect to labor and industrial relations laws and regularly appear before the labor court and the High Courts on behalf of our clients.

Labor & Industrial Relations Laws of Pakistan

Our service includes advice on the registration, protection and assignment (sometimes as part of a corporate takeover or restructuring) of trademarks, patents, copyrights, and registered designs. We also conduct litigation concerning any disputes which may arise, including questions of ownership, validity and infringement.

Immigration Laws of Pakistan

We are also involved in advising and guiding a huge number of our clients in obtaining British visas of various categories including visit, student, HSMP, settlement, investor, business, etc.

Contact YLH&Co right now.

Tuesday, November 6, 2012

Yasser Latif Hamdani on Obama-Romney Election Race; A Pakistani Perspective

I was asked a few questions earlier by a correspondent of Dawn.com. This being the election morning in the US, I am sharing my responses here:

 1.Why do you think the US election is important for Pakistan?

The US election is important for a very fundamental reason; a reason that is often ignored by our opinion makers in this country. There is a complete variance in how the Democrats and the Republicans approach Pakistan. Having long conflated the interest
s of the "deep state" with those of Pakistan as a country and its people, we seem to think that Republicans are better for Pakistan. However it is the Democrats who are for a more broad-based engagement with Pakistan in terms of cooperation on a strategic level underscoring long term common interests. 

Labour Law in Pakistan; Employer's abuse of Employees

The laws that were designed to protect hardworking Pakistanis are being ignored by an increasing number of employers. From unpaid overtime to deliberate employee misclassification, employment violations are committed every day across the nation. Provident Fund is often given at the wrong rate with the company pocketing your hard earned money.  

Monday, November 5, 2012

Secular Jinnah: A rebuttal to Hamid Mir, Orya Maqbool Jan and Selena Karim

By Yasser Latif Hamdani

Our Urdu press, conspiratorial, nationalist and rightwing, is full of nazriati (ideological) warriors. This article is a rebuttal of two of the most popular standard-bearers of the ghairat brigade and the so-called Nazaria-e-Pakistan (idea of Pakistan).

In one of his recent columns (because in our country it is perfectly alright for in-service civil servants to moonlight as columnists), Orya Maqbool Jan has taken to task those misguided souls — such as this writer — who believe that Mr Jinnah wanted a secular Pakistan. Apparently, ‘secular’ is some sort of a bad word and anyone using this word in connection with Quaid-e-Azam is automatically a traitor. In this particular article, Orya Maqbool Jan relied on the ‘research’ of one Selena Karim who wrote a book called Secular Jinnah: Munir’s Hoax Exposed several years ago. The entire issue revolves around a quote attributed to Jinnah dating to a pre-partition interview.

Saturday, November 3, 2012

Baloch Separatism and Pakistani Federalism

Yasser Latif Hamdani writing in "The Analyst World" Mumbai:
"The Balochistan separatists’ case rests on a fallacy. They claim that Kalat State – a princely state- was somehow placed on a different footing than other princely states of India. If this were the case, someone forgot to inform the British.  I refer to Imperial Gazetteer of India, V. 4, Page 96. Kalat State and Lasbela State are listed as two native states under the control of British political agent of the Balochistan agency, just as twenty states in Rajputana such Bundi, Karauli and Alwar.

Yasser Latif Hamdani's interview with The Analyst World of Mumbai

What is your idea of Pakistan as lay man? And as a Member of the Bar and a Law Man?
YLH : I have tried but I cannot distinguish between my idea of Pakistan as a layman and as a member of the bar. As I understand it the idea of Pakistan arose out and as a result of the following:
  • The inability of British Indians to evolve a common nationality and this itself has three factors:  a. The insecurity of Muslims – having taken to modern education and British rule much later than the Hindu Majority (a gap of 80 years almost b/w Ram Mohan Roy and Sir Syed Ahmed Khan) b. The unwillingness of the Hindu majority to meet the Muslims half way and allay their fears and c. the role of the British rulers i.e. making Hindu-Muslim settlement a sine qua non and a condition precedent for responsible government in British India.