Sardar Muhammad Aslam سردار محمد اسلم
Justice Supreme Court of Pakistan
In office March 7, 2009 – March 9, 2012
Nominated by	Asif Ali Zardari
1st Chief Justice Islamabad High Court
In office February 7, 2008 – March 6, 2009
Nominated by	Pervez Musharaf
Preceded by	NONE
Succeeded by	M.Bilal Khan
Justice Lahore High Court
In office September 3, 2003 – February 6, 2008
Nominated by	Pervez Musharaf
Born	March 10, 1947
Nationality	Pakistani
Religion	Islam

Sardar Muhammad Aslam (Urdu: سردار محمد اسلم) is a former Justice of Lahore High Court.

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 July 31, 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^[1].

Contents 1 Education 2 Career 3 Controversies 3.1 PCO Oath 3.2 Reassessment of Farah Dogar papers 4 References 5 External links

[edit] Education

Aslam has a Masters in Arts (M.A) and Bachelor of Laws (LL.B.).

[edit] Career

This section is in a list format that may be better presented using prose. You can help by converting this section to prose, if appropriate. Editing help is available. (June 2009)

• Started Practice as Advocate in the year 1973.
• Enrolled as an Advocate High Court in the year 1976.
• Enrolled as an Advocate Supreme Court in the year 1982.
• Appointed as Deputy Attorny General in the year 2001.

Aslam was appointed as Additional Judge of Lahore High Court on September 3, 2003 and confirmed as a judge in 2004.^[2]. He remained on bench of Lahore High Court till February 6, 2008. He was then made the fist Chief Justice of a newly created Islamabad High Court. He took oath of that office on February 7, 2008 from President of Islamic Republic of Pakistan General Pervez Musharaf. On March 7, 2008, he was appointed to Supreme Court of President of Islamic Republic of Pakistan Asif Ali Zardari^[3].

On July 31, 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 November 3, 2007 up to March 22, 2009 as unconstitutional, void ab initio and of no legal effect. The court held that all such elevation will revert to position of November 2, 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^[1].

In the July 31, 2009 judgement, the court also declared the creation of Islamabad High Court as unconstitutional, and of no legal effect^[1].

[edit] Controversies

[edit] PCO Oath

On November 3, 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 November 4, 2007^[4]. 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 March 31, 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.

On July 31, 2009 the supreme court of Pakistan held that any oath taken in contravention to the decision of the seven-panel supreme court has not legal effect. Aslam was reverted to this position of November 2, 2007 and since he had reached the age of retirement, was considered to have retired from Lahore High Court.

[edit] Reassessment of Farah Dogar papers

Farah Dogar, daughter of then Chief Justice of Supreme Court of Pakistan, Abdul Hameed Dogar had appeared in an examination. She was not able to secure enough to be eligible to apply to any medical college. The board of examination re-evaluated her papers contrary to its own rules and regulation and she was awarded sufficient additional marks to be eligible for medical college. On December 5, 2008 this act was challenged in Islamabad High Court. On January 16, 2009, Aslam ruled re-assessment of papers as legal.^[5]. He further in a 14 page order also asked the secretary of the ministry of education, the controlling authority of the Federal Board of Intermediate and Secondary Education, to consider the possibility of bringing an amendment to the board rules to provide a procedure for re-evaluation of paper^[6].

[edit] References

[edit] External links

• Supreme Court of Pakistan
• Lahore High Court
• Official Site of Islamabad High Court

Legal offices
Preceded by NO ONE	Chief Justice of Islamabad High Court February 7, 2008 – March 6, 2009	Succeeded by Muhammad Bilal Khan