Rana Bhagwandas

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Justice Rana Bhagwandas (b. December 20, 1942 -) is Acting Chief Justice of Pakistan. He briefly became the acting Chief Justice of Pakistan when the incumbent Iftikhar Muhammad Chaudhry went on foreign tours in 2005 and 2006^[1], and thus became the first Hindu and the second non-Muslim to serve as chief of the highest court in Pakistan. ^[2]

1 Early life
2 Judicial career
3 Chief justice
4 Recent Controversy
5 Quotes
6 References

[edit] Early life

Rana Bhagwandas was born on December 20, 1942 in a Hindu family in Naseerabad, Larkana District (now Qamber Shahdadkot District) in Sindh. He studied law and received a Masters degree in Islamic studies. ^[2] He joined the bar in 1965 and after two years of practising law, joined the Pakistani Judicial System in 1967. ^[3] Later, he became a sessions judge, and subsequently, a judge of the Sindh High Court.^[4] He is not a fan of cricket, but remains a supporter of the Pakistan cricket team^[5].

[edit] Judicial career

Rana Bhagwandas was promoted to the Sindh High Court in 1994. In 1999, his appointment to the superior judiciary was challenged by a constitutional petition (no. 1069/1999) against the Government of Pakistan and Judge Bhagwandas. The petition demanded that the judicial bench consisting of Judge Bhagwandas should be declared unconstitutional because of Bhagwandas' religion, claiming that only Muslims can be appointed to the superior judiciary.^[6] The petition was rejected, and the petitioner was condemned by other judges of the high court and by a significant number of lawyers.^[7]

In 2000, he joined the Supreme Court of Pakistan after taking an oath of allegiance to Musharraf's administration ^[8]. Justice Bhagwandas took strong note of a kidnapping case involving a girl in NWFP forced to be a prostitute for four years. ^[9] A believer in the sanctity of the Constitution of Pakistan and its legal system, Bhagwandas maintains that the law is equal for all religious communities in Pakistan. While staunchly defending Pakistan's society and legal system against charges of bias and suppression of minorities, Bhagwandas is also a vocal opponent of the infamous practice of honour killings of women in the provincial rural areas.

For the 2006-2007 judicial year, Justice Bhagwandas is a member of the second bench of justices which also is home to Justice Nasir ul-Mulk and Justice Syed Jamshed Ali ^[10].

[edit] Chief justice

Justice Bhagwandas has served as acting Chief Justice twice - first in 2005 while Chief justice Iftikhar Chaudhry was on a ten day trip to the People's Republic of China and then again in December 2006^[1] when the latter was on a Haj pilgrimage. He was the first Hindu and the second non-Muslim (after A. R. Cornelius) to serve in this post.^[11]. On February 8, 2005 Chief Justice Rana Bhagwandas was honoured with "Siropa" (robe of honour) during his maiden visit to Harimandir Sahib in Amritsar, India. He was on a private visit to Amritsar, Ropar and Chandigarh with Justice Khalil-ur Rehman Ramdev, another judge of the Pakistan Supreme Court and his wife. It is not clear if Bhagwandas will actually succeed Chief Justice Iftikhar Chaudhry though; Bhagwandas is slated to retire in December 2007, after attaining the age of 65, while Chaudhry's retirement is slated for 2013 ^[12].

On December 28, 2006 Bhagwandas became acting judge again while the Chief Justice Chaudhury was on hajj. ^[13]

[edit] Recent Controversy

On March 9, 2007, Pakistan President General Pervez Musharraf declared Chief Justice Chaudhary "non-functional" ^[14] and forwarded a reference against him to the Supreme Judicial Council (SJC) of Pakistan. While Justice Bhagwandas should have taken his place as Acting Chief Justice, his whereabouts remain untraceable at the moment. On March 15, 2007 a petition was filed in the Supreme Court urging the Pakistan Government to declare his whereabouts^[15]. There have been unconfirmed reports that he is being held incommunicado by the Government or is in the "protective" custody of Pakistan's intelligence agencies^[16]. His brother, Sri Chand, in Pakistan says that Bhagwandas went on a visit to India and since then the family has not heard from him. It has since been learnt (March 20) that he is meditating in the Indian city of Lucknow, and is due to return to Pakistan on March 23. He is aware of events transpiring in Pakistan^[17]