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Hammad Ali Profile picture
Hammad Ali
@JurisDrHammad
Lawyer βš–οΈ notwithstanding an EMTπŸ₯Ό. Legally Blunt and Medically Grunt! βš•οΈβž‘οΈβš–οΈ Who would I be Medicolegally? πŸ’­ https://t.co/AJfDer2JDT
Jan 30, 2023 β€’ 4 tweets β€’ 1 min read
Pensions are neither ex-gratia nor gratuitous payments by the government. Pensions are mandatory payments in lieu of services they've already rendered and into the bargain, during the period of their services, they have paid monthly deductions for this purpose. πŸ‘¨β€βš–οΈβš–οΈ
1/3 Revoking a pension, for any reason, is a violation of the right to life and the right to family. (Article 9 & 35 of the Constitution of Pakistan respectively) 2/3
Jan 7, 2023 β€’ 8 tweets β€’ 2 min read
This is not less than Judicial Activism.βš–οΈπŸ‘¨β€πŸŽ€ I often refer it to #Jurocracy. The legacy of Iftikhar Choudri and Saqib Nisar should neither be promoted nor be celebrated. The judiciary must work within its constitutional and lawful domain. This inquisitorial approach by the judiciary is against the very sense of Trichotomy of Powers incorporated in the Constitution of Pakistan.πŸ‡΅πŸ‡°
It is not the duty of the court to investigate or to collect the evidence.
Jan 1, 2023 β€’ 4 tweets β€’ 2 min read
Majority might have their resolution for 2023 to find a stable job or at least to make their jobs stable. But my resolution of 2023 is to quit the stable job I already have. ✌️
#resolutions2023 #2023goals #2023NewYear P.S: A stable job & pension are a curse. It drains out all the innovative drive and intellectual yearning. It makes addicted to mediocrity. It’s hard to stay motivated then. It's trading like the best years of life for a secure old age, which might not even come. πŸ€·β€β™‚οΈ
Dec 25, 2022 β€’ 5 tweets β€’ 1 min read
Juries are a democratic and populist concept; engaging and involving the ordinary persons in a legal system.
The US legal system as a whole is envious.
The "doctrine of check and balance" is what makes the US system distinct.... The jury nullification also referred to as "pious perjury" is actually a check and balance against the organs of government as a whole in favor of the accused. (The accused is the favourite child of law.)
Dec 25, 2022 β€’ 4 tweets β€’ 1 min read
Judges of the Supreme/High Court are duty bound to preserve, protect and defend the Constitution of the Islamic Republic of Pakistan under their oaths.βš–οΈ They are the guardians of the Constitution and not the guardians of the legislatures. Cont... It's none of their business if a leader of the house in a provincial or national assembly, dissolves the concerned assembly at any time subject to the limitations contained in Article 58 or 112 as the case may be.βš–οΈπŸ€·β€β™‚οΈ
Dec 25, 2022 β€’ 9 tweets β€’ 2 min read
Sir! With due respect, I've had the privilege to read your contention but I'm unable to find myself in concurrence with your standpoint and differ on the following points.
It is false equivalence that the Election Commission is equal to the High Courts. The High Court and Election Commission are neither equal in nature nor equal in stature. Both institutes can't be said to be equal just because both are established under provisions of the Constitution. Even the chronological order of Constitution gives priority to High Courts.
Nov 20, 2022 β€’ 11 tweets β€’ 5 min read
This is false equivalence by a deep state puppet; an instigator of a military coup. 1/9 1stly: #COAS is appointed under the law whereas the #CJP & the institute thereof is a subject of the #Constitution. #SupremeCourt (including Chief justice) is one of the three organs of the government i.e. trichotomy of powers. 2/9
Oct 1, 2022 β€’ 4 tweets β€’ 3 min read
Najam Sethi is peddling #praetorian propaganda. The Seniority principle is folk wisdom in today's world.
U/A 243 of the constitution, @PresOfPakistan is the supreme commander of the armed forces who has to act upon the advice of the PM. 1/3 The Seniority principle for appointment of COAS means no advice of PM and thereby laps of control and command of @GovtofPakistan on the Armed forces. This is against the checks available to the federal government & incorporated in article 243 of the #Constitution of Pakistan. 2/3
Sep 29, 2022 β€’ 4 tweets β€’ 1 min read
Firstly, elections are always about human feelings, not about human rationality. Active suffrage has nothing to do with the mental capacity, the vote of an isnane is equal to that of a member of intelligentsia.
Secondly, the right to vote is basically attached with taxation. Whoever is taxed must be represented; no representation without taxation!
Sep 26, 2022 β€’ 9 tweets β€’ 7 min read
I have had the privilege of reading
the thread authored by @tweetsfromstar but I
differ on following reasonings & add some observations on
the maintainability of my standpoint.
#Integration is a subjective matter. Every society & religion has their own integration standards. You can't integrate a #Woman wearing a #bikini πŸ‘™ in #AfghanistanπŸ‡¦πŸ‡« or #PakistanπŸ‡΅πŸ‡°?
Attaching sufferance to #Hijab while pressing #burka or #niqab as an oppression is a sanctimony towards hijab on your part.
Sep 25, 2022 β€’ 6 tweets β€’ 2 min read
The actual problem is the concoction of criminal liability with civil liability through Islamized criminal law of "diyāt". Criminal liability for homicide is a matter within the sphere of criminal law whereas civil liability for a homicide i.e compensation or payment of damages in terms of money falls within the ambit of Law of Torts i.e civil law.
Sep 25, 2022 β€’ 9 tweets β€’ 4 min read
This goes hand in hand with the #inclusiveness characteristic of #democracy. πŸ™Œβš–οΈ A "judgement with more members on the bench regardless of the number of judges in majority i.e proportionality" should prevail. 8/8 #Certainty on this matter as to which decision has more binding force was long needed. 7/8
Sep 25, 2022 β€’ 6 tweets β€’ 2 min read
A criminal charge is not a conviction at all. Before a person is convicted of a crime, a criminal charge must have been proven beyond any reasonable doubt. 1/5 Suspension of an employee on the basis of a mere criminal charge cannot be justified by the department of the employee if the employee is acquitted by a competent court of law, at the end. 2/5
Sep 25, 2022 β€’ 5 tweets β€’ 3 min read
"What social media thinks" might be a concern of a #politician but must not be a concern of the judges. Social Media could have influenced #juries but a #judge must not be influenced by #SocialMedia. 1/4 Judges have to decide in accordance with the law and not to go "Argumentum ad populum"! To every possible extent in an adversarial legal system, a judge should avoid passing remarks while hearing a case. 3/4
Sep 14, 2022 β€’ 4 tweets β€’ 1 min read
Without reversing the gender, that act is still offensive, abusive, disrespectful, against pedagogical standards & not cute at all. Boundaries must be respected. That's exploitation of a child emotionally & physically, may be not sexually because it's hard to prove intention. When we talk about legal imperatives, everyone is equal before law whether a gender is less likely or more likely to commit an offence.
And the whole point is she was exploiting a child emotionally and physically.
Sep 14, 2022 β€’ 4 tweets β€’ 3 min read
There are no qualifications for the appointment of #COAS except to be a serving General of #Army. It is the sole discretion of the #PM to advise the President to appoint/reappoint any one of the serving Generals of Army u/s 8-a of Army Amendment Act 2020. 1/3πŸ‘‡ PM may appoint or reappoint anyone from amongst the serving Generals of Army or Air Chief Marshals or Admirals of Navy at his discretion. There is no seniority clause for both #COAS & #CJSC in the Army Act.
PM may also determine the terms & conditions for such appointments. 2/3πŸ‘‡
Sep 14, 2022 β€’ 4 tweets β€’ 4 min read
'What #Socialmedia thinks' might be a concern of a politician but must not be the concern of judges. Social Media could've influenced #juries but a #judge mustn't be influenced by social media. Judges have to decide in accordance with the #law and not to go Argumentum #AdPopulum! To every possible extent in an adversarial legal system, a judge should avoid passing remarks while hearing a case. The onus is on the prosecution/plaintiff to prove their case and it's not the duty of the judge.
Aug 30, 2022 β€’ 6 tweets β€’ 3 min read
Different Laws are enacted by the provincial legislatures to regulate charities.
Section 20 of the Punjab Charities Act, 2018 prevents any individual/organization from collecting charities without prior sanction by the authority. 1/4
#FloodReliefFund2022 #FloodsInPakistan Charities can't be collected until the collector of such funds is registered u/s 12 of the Act. Any person violating any provision of the Charities Act is liable to be punished with imprisonment of 15 days upto 6 months or fine of R.s 25K upto 100K. 2/4 #FloodReliefFund2022
Aug 28, 2022 β€’ 7 tweets β€’ 4 min read
Whenever there are floods, a faction of propagandists start propagating that #Dams are the only solution for #FloodsInPakista.
I don't possess expertise in civil engineering, but to some certainty I know dams can't mitigate #floods. Dams can only store naturally flowing waters. Floodwaters can neither be stored in dams nor stopped. Stopping floodwaters is dangerous and multiplicate the destruction. Even, there are numerous instances when poorly built #dams collapsed due to floodwaters.
Aug 28, 2022 β€’ 4 tweets β€’ 3 min read
Don't donate to any person or organization posing to be a fundraiser for #FloodinPakistan. Donate #EdhiFoundation instead. Section 20 of the Punjab Charities Act, 2018 prevents any individual/organization from collecting charities without prior sanction by the authority. #Edhi Charities can't be collected until the collector of such funds is registered u/s 12 of the Act. Any person violating any provision of the Punjab Charities Act is liable to be punished with imprisonment of 15 days upto 6 months or fine of R.s 25K upto 100K. #Edhi #FloodinPakistan
Aug 28, 2022 β€’ 6 tweets β€’ 3 min read
August 2021 Judgement of the #SupremeCourt vests exclusive and absolute #SuaSponte powers to the cheif justice of Pakistan, notwithstanding Article 184-3 of the Constitution vests the same to the Supreme Court & not exclusively to the office of #CJP.
#SupremeCourtOfPakistan 1/5 Such concentration of powers is brazen. The Supreme Court must review its 2021 judgment. Since powers tend to corrupt and absolute power corrupts absolutely. Whoever holds the power tends to abuse it. There's no worse heresy than that the office sanctifies its holder. #Law
1/4