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Last edited by MoAShaikh (talk | contribs) 10 days ago. (Update) |
Mr. Justice (R) Basharat Ahmad Shaikh, was born on 29th November 1935 in Jammu (Indian held Jammu & Kashmir) into a well-known political family. His family actively participated in the struggle for independence against the Dogra Raj. He is grandson of Late Shaikh Yaqub Ali Mistri - a leader of Muslims in Jammu and one of the founders of Jammu Kashmir Muslim Conference. In 1947, he migrated along with his family from Jammu to Azad Jammu & Kashmir. His father Shaikh Abdul Hayee, a law graduate from Aligarh Muslim University, served in the then newly established Government of AJK.
Mr. Shaikh earned his BA degree from Gordon College Rawalpindi in 1956, where he remained President of the Bar club. He completed his LL.B from the University of Peshawar. During his student days, he was a known orator and participated in various national debating contests.
He was one of the leaders of the 1958 Kashmir Liberation Movement (KLM) and remained behind bars for his active participation in the said movement.
Mr. Shaikh started his law practice in Rawalpindi and remained Secretary General of the Rawalpindi Bar Association in the year 1962. He then moved to Lahore and practiced there for several years. In 1964, during the martial law of Gen Ayub Khan, he wrote a famous pamphlet namely “Azad Kashmir Needs Attention” to highlight the plight of Azad Jammu & Kashmir. He was arrested by the Gen Ayub Khan regime and kept in the infamous Dullai Camp for raising voice for the rights of people of Azad Jammu & Kashmir.
Mr. Shaikh actively participated in Politics and was part of the cabinet of the first elected President of Azad Jammu & Kashmir in 1970.
He also remained Advocate General of Azad Jammu & Kashmir and contributed to the AJK Interim Constitution Act, 1974. He authored and introduced fundamental rights in the AJK Interim Constitution Act. He is also considered as the man behind grant of writ jurisdiction to the AJK High Court. A staunch believer of democracy, Mr. Shaikh led and actively participated in the anti-martial law movements, especially during the era of Gen Ayub Khan and Gen. Zia ul Haq. He remained behind bars several times for his pro-democracy and anti-martial law activities.
In 1989, Mr. Shaikh was elected as President of the Mirpur Bar Association. The same year he was elevated as Judge of Supreme Court of AJK.
During his 12year tenure as a Judge, Mr. Shaikh authored various landmark judgments which not only changed the legal scenario but contributed immensely to the evolution of jurisprudence in AJK. His famous judgements in Jabeer Hotel vs. EOBI is considered as the most important judgment in defining relationship between the Governments of Pakistan and AJK, and is widely referred to in this context. His judgement to abolish the infamous AJK Civil Servants Act is known to be a milestone for the fundamental rights in AJK.
Justice Shaikh also served as Chairman of AJK Law Commission and Ombudsman of AJK, Ombudsman and the first Chairman of the AJK Accountability Bureau.
Justice Shaikh’s contribution to the law and democracy, and his struggle for the fundamental right of the people has earned him unparalleled respect in Kashmir and Pakistan.