On Tuesday, April 17, 2023, Ch. Naeem Ali Gujjar lawyer and advocate of the Supreme Court was invited to the Dialogue with Experts program hosted by Advocate Zaildar Ahsan Shah at FM 101, Radio Pakistan.
Mr. Zaildar Ahsan Shah inquired about his educational background, to which he responded, I belong to Islamabad. While my grandfather is from District Sargodha, I was born in Islamabad. I received my early education from G-7 High School, graduated from H-8 College, and completed my LLB from Punjab University. After completing my LLB, I began practicing law. I am pleased to have attained positions first in the High Court and then in the Supreme Court.
Mr. Zaildar Ahsan Shah asked him how he chose the field of law or if anyone from your family joined this field before and he replied, Since the 6th grade, I have been inspired by Quaid-e-Azam and Allama Muhammad Iqbal. Whenever teachers inquired about my aspirations, I consistently expressed my desire to become a lawyer. I firmly believe that if one remains dedicated to their field, particularly in law, Allah grants them success. I am the only one from my family who joined the law field but now I am proud to say that both my nephew and my son are now pursuing LLB degrees. I still remember my father’s sentence today When I was about to join the chamber with my mentor Tariq Mehmood Jahangiri, Justice of Islamabad High Court in the district court in 2002. My father said, always help the poor people who need your help. Lawyers are the most socially active individuals. Since that day until now, my effort has been to help those in need.
Mr. Zaildar Ahsan asked him what are the issues of the Islamabad bar and secondly when you lead as president how you solve them? He answered Islamabad Bar is facing so many issues. before Islamabad Bar, we were associated with the Punjab Bar. when the Islamabad Bar Council was established for the first time in 2015. After the establishment of the Islamabad Council, we took up the issues and endeavored to resolve the matter. Before, our lawyers were going for two days to travel from here to Lahore to solve their issues of membership and card issues. Now we are related to the capital bar that reflects Pakistan’s color and complexion. I think the Islamabad bar is ideal because when the High Court in Islamabad it means all federation work comes to the High Court Islamabad. we are very lucky that our young lawyer has so many choices to work at the federation level. tax level and corporate level. The primary issue facing the Islamabad Bar is the lack of training opportunities for young individuals but after the shifting, we have resolved this issue to a great extent. We aspire for our bar to reach international standards since Islamabad is a metropolitan city and should operate at a metropolitan level. During elections, candidates often emphasize the absence of chambers for lawyers, which is indeed a critical matter. We desire to have our own offices so that when young lawyers arrive, we can accommodate them. In the SECP, certain documents require attestation, and we must ensure compliance. We should mandate our young members to attest to these documents, and they should receive the legal fees associated with this task. The objectives of the bar council and bar association are different. The bar association’s objective is to address the issues faced by lawyers, which vary. While some problems are openly discussed, others are not. The primary aim of the bar association is to ensure the welfare of lawyers, such as providing hostels for young lawyers and facilitating their engagement with various companies. I providing a daycare center for them and I will also work on the other problems of the lady’s lawyer. There are so many problems at the bar that I want to solve.
Mr. Zaildar Ahsan Shah also informed him now Mr. Raisat Ali Azad President of the High Court Bar Association appointed me as the chairman of the International Committee. I am also engaged with 70 countries and I am promoting the real image of Pakistan with the international Community. Now that I have been given the opportunity, I will introduce the Islamabad Bar and High Court Bar with the help of you and Raisat Ali in the international community in various aspects.
Mr. Zaildar Ahsan Shah asked your practice is in the criminal field so explain the various types of killing and their corresponding punishments. What are the relevant sections or laws in the PPC? He answered There are two types of killing Qatil-e-amd and Qatil-e-Khata. Section 302 deals with the qatl-e-amd and their penalty are death and life in prison for max 25 years, and a minimum of 14 years. When you kill someone intentionally this means it is qatl-e-amd. Qatl-e-khata is when you kill someone unintentionally and their penalty is different. In the robbery killing section 395 applied. Section 395 PPC provides punishment with imprisonment for life or rigorous imprisonment for a term not less than 04 years nor more than 10 years .
Mr. Zaildar Ahsan Shah asked, How are murder trials conducted, and what happens during a criminal trial? He explained using an example Imagine someone says, I saw A kill B, but the court lets A go, giving them the benefit of the doubt. Initially, it’s crucial to acknowledge that the accused are typically afforded the benefit of the doubt for various reasons. For instance, if there’s a delay in the filing of a First Information Report (FIR) by the deceased person’s family, it raises questions as to why the delay occurred, potentially benefiting the accused. Moreover, it’s often observed that the deceased person’s family may lack knowledge of legal procedures, leading to discrepancies between the FIR and their statements in court. These factors contribute to the benefit of the doubt being granted to the accused. There are two types of bail. Bail before arrest and Bail after arrest. Bail before arrest is a bail that is granted in a case where the court feels that the accused has been falsely involved in the case and may suffer irreparable injury to dignity, honor, or reputation if arrested. Post Bail arrest means bail can be granted to the accused person, after his arrest, both in bailable and non-bailable offences. When the accused has been arrested by a law-enforcing agency and the court feels that there is no need for the detention of the person in jail, he is likely to suffer irreparable injury to his dignity, honor, or reputation by his arrest. The concerned trial court grants Post Arrest Bail after fulfilling some conditions.
Mr. Zaildar Ahsan Shah asked him about Iran’s attack on Israel, stating that some people believe it could lead to a third world war. What do you think about that? Firstly, he mentioned the well-known saying that it is better to have one day of bravery like a lion than a hundred days of being weak like a jackal. Secondly, he talked about a teaching called a Hadith, which suggests that when you see something wrong, you should act to stop it. This shows you have strong faith. On the other hand, if you just feel upset about it inside but don’t do anything, it shows your faith is not as strong. I think it is a good effort to help them. I strongly support this step taken by Iran. I also request the Pakistani government to stand with Palestine.
Mr. Zaildar Ahsan asked him about his hobbies and what he likes to eat. He answered, In the past, I played cricket and football, but now I love gardening in my house and I have been doing this since childhood. At meals, I like everything to eat. Whatever my wife cooks for me I love them.
At last, Mr. Zaildar Ahsan told him to give a message to the audience. He said, to always provide help to those in need, especially the poor ones. He also emphasized the importance of being honest, loyal, and truthful, just like our Constitution teaches us.
Mr. Zaildar Ahsan Shah is an Advocate and Managing Director, Elaan Research Center, Islamabad.
