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The New Law And Judiciary

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Chapter Summary

This chapter is divided into three major parts. The first part investigates the factors surrounding the issuance of the Ordinance in September 1990, after the dismissal of the Federal Governments appeal by the Supreme Court of Pakistan in the Gul Hassan case. It argues that the introduction of the qisas and diyat law was a political move by President Ishaq Khan aimed at pleasing the Supreme Court of Pakistan. The second part is focussed on issues concerning the requirements of evidence to prove a case under the Pakistani law of qisas and diyat. Finally, the third part analyses the application of the new law through the examination of case law relating to the higher judiciary from 19902004. It also surveys the differences among the judges in the understanding of various concepts of the new law.

Keywords: diyat law; Gul Hassan case; higher judiciary; qisas law; Supreme Court of Pakistan



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