Umer Ijaz Gilani
Umer Ijaz Gilani is a renowned Pakistani constitutional lawyer, legal scholar and political thinker. He has argued a large number of significant cases in the courts of Pakistan which have led to noteworthy developments in Pakistani constitutional law. He is also a widely published author and a well-known political critic in Pakistan who is regularly cited by newspapers in Pakistan.
| 1 | Early Years |
| 2 | College Years |
| 3 | Career at Supreme Court |
| 4 | Fulbright Scholarship |
| 5 | Return to Pakistan |
| 6 | Legal Practice |
| 6.1 | Notable Court Cases |
| 6.2 | Appearances before Committees |
| 6.3 | Amicus Curaie |
| 7 | Publications |
| 7.1 | Journal Articles |
| 7.2 | Magazine Publications |
| 7.3 | Op-eds in Newspapers |
Early Years
Born to a prominent political scientist Dr. Ijaz Shafi Gilani, the founder of Gallup Pakistan[1][circular reference], Umer Gilani attended his early schooling in Islamabad. He started studying law in 2003 at the Beaconhouse School System. He was taught by Dr. Muhamad Munir[2], a well-known and widely published legal academic in Pakistan. Dr. Muhammad Munir acknowledged young Umer’s assistance as a student in various publications in law journals.[3][4], In 2005, Umer graduated from Beaconhouse with a Regional Distinction in A Levels Law.[5] While still in A Levels, he co-authored a widely-cited paper in an international peer-reviewed journal.[6] After finishing his schooling in Islamabad, Umer Gilani went on to study at the newly established law school of the Lahore University of Management Sciences (LUMS). He completed a 5-year degree in Law and Humanities and graduated with distinction in 2010.[7] During his college years, he also attended the International Islamic University Islamabad, Zarqa Private University and Nile Language Center where he gained a proficiency in classical Arabic and a basic knowledge of Islamic jurisprudence.
College Years
While at LUMS, Umer is credited with co-founding the LUMS Student Law Review in January 2011[8] which was a precursor to the LUMS Law Journal - one of the only peer reviewed annual law journals in Pakistan - published by the LUMS Law School since 2014. He was also active in student politics and was elected to the office of General Secretary of the LUMS Student Council. As General Secretary to the LUMS Student Council he played an instrumental role in mobilizing peaceful student protests against the imposition of emergency rule and sacking of judges by the military dictator, General Pervez Musharraf in November 2007. He was also a prominent writer for Emergency Times[9] – an ad-hoc blog launched to oppose the military junta ruling Pakistan in 2007. He also published his semi-academic papers at LUMS Student Journal.[10]
Career at Supreme Court
After graduating from law school, Umer joined the Supreme Court of Pakistan as its first law clerk (Research Associate). Over the next three years, he worked closely with the celebrated jurist Justice Jawwad S. Khawaja.[11][12] During his time as a law clerk, Umer established and strengthened the structure of the law clerkship so that the program became an established annual tradition by the Supreme Court.
While at the Supreme Court, Umer was also commissioned by Justice Mian Shakirullah Jan, the Supreme Court judge in-charge of the Federal Judicial Academy (FJA), to conduct a institutional review of the Academy. Along with his co-author, Umer published a path-breaking, research report on the FJA which has since been available on the institution’s website.[13]
In 2011, he co-authored a study of the self-life of cases in the civil courts of the Punjab, Pakistan’s most populous province. This study, based on 700 scientifically selected actual cases from 7 districts of the Punjab, was the first such study in the country.[14]
Fulbright Scholarship
In 2013, in recognition of his achievements and his potential, Umer was awarded Fulbright scholarship by the United States Educational Foundation in Pakistan to study for his Masters in Law (LLM).[15][16] Umer studied for his LLM at the University Of Washington School Of Law, Seattle. He worked closely with Dr. Clark B. Lombardi , celebrated scholar of modern Islamic constitutionalism and he graduated in 2014.
Return to Pakistan
From mid-2014 to early 2016, Umer returned to Pakistan and worked as Associate Lawyer at Kundi and Kundi, one of Pakistan’s most premier and well established litigation chambers.
In March 2015, Umer was granted a Bertha Be Just Fellowship[17] and began to work at the Foundation for Fundamental Rights, a well reputed human rights organization operating in Islamabad, Pakistan. While working as a Bertha Justice Fellow, Umer represented 66 slum-dwellers accused of terrorism for resisting a demolition operation.[18] Umer led the defense team comprised of other notable human rights activists. In an interview given to The News, one of Pakistan’s most widely circulated papers, he called “for an end to eviction process which does not offer alternative settlements for the victims.”[19] Through his advocacy both in and out of the court, Umer successfully had the terrorism charges removed from the charge sheet and eventually had all the indicted slum-dwellers acquitted.[20]
Legal Practice
In March 2016, left the Foundation of Fundamental Rights and opened up his own organization, the Law and Policy Chambers. This is a unique law firm which specializes in high-impact constitutional litigation along with traditional adversarial civil litigation and business advisory services.[21] Umer has been regularly representing the Pakistan Engineering Council (PEC) and possesses substantial experience in engineering and construction related laws of Pakistan.[22][23][24] Umer was co-counsel of behalf of the PEC in a Supreme Court petition challenging the appointment of bureaucrats on engineering posts.[25]
Notable Court Cases
Since March 2016, Umer has undertaken several important strategic public interest litigations to the District Court, Islamabad High Court and even the Supreme Court of Pakistan.[26]
Of his most notable cases include:
● The Telecom Signals Shutdown case[27]: Umer represented several citizens who challenged the shutdown of mobile networks by the state in the Islamabad High Court. In a landmark judgment, all such shutdowns made for security reasons were declared illegal.[28] Shahzad Ahmad, Country Director for Bytes For All (Pakistan) commented on this ruling: “This will set the precedence, not only in the country but also for external world where the States use network disconnections as tool to suppress fundamental rights in the name of security. Disconnecting people from communication networks is tantamount to deny set of fundamental rights including access to information, emergency services, expression and other associated rights”[29] This case also won Umer widespread international recognition.[30][31][32][33] Amongst other accolades, on April 25th, 2017, he was invited by the Columbia Global Freedom Initiative to address its annual conference.
On 22 April 2020 the Supreme Court of Pakistan overturned the Islamabad High Court’s judgment in a highly criticized judgment.[34]
● The Mahera Sajid case[35]: Umer represented the wife of a missing person and filed a habeas corpus writ petition on her behalf before the Islamabad High Court. In a landmark judgment, the Islamabad High Court held the disappearance of the husband to be an enforced disappearance caused by Pakistan’s shadowy security agencies and directed the state that he be immediately recovered.[36] The Islamabad High Court also held the state liable to provide maintenance to the family of the victim of enforced disappearance till recovery. It also slapped exemplary fines on state functionaries such as the Secretary of Defence[37].
This case won Umer wide recognition in Pakistan’s legal circles. Dawn, the country’s most widely circulated English daily called it “a landmark judgment”.[38] Former Senator Farhatullah Babar “paid rich tribute to the IHC Judge Athar Minallah, petitioner Mahira Sajid and the young lawyers who pleaded the case in the court.”[39] Writing in Daily Times, prominent lawyer and legal commentator Salman Khan Niazi described this judgment as a “landmark judgement” which “ indisputably… is Justice Minallah’s chef d’oeuvre … due to its audacious content and luminous nature, will perpetually reverberate in our jurisprudence.”[40] Writing in Daily Times, lawyer Irshad Ahmed called it “an exception and remarkable source of support for Pakistan’s missing persons and their long-suffering families.”[41]
● Awami Workers Party v. PTA[42]: Umer represented the Awami Workers Party, a political party in Pakistan, whose website was mysteriously shut down during the 2017 national election in Pakistan by the state through the use of recently promulgated cybersecurity law, Prevention of Electronic Crimes Act, 2017 (PECA).[43] An injunction was sought from the court to prevent the state authorities from misusing PECA to arbitrarily censor political speech. The Islamabad High Court held that the State could not block websites without providing the host an opportunity of hearing and passing a written order with reasons. The website was subsequently unblocked.[44]
● Khokhas case[45]: Umer represented several hundred operators of urban kiosks (khokhas) in Islamabad who were facing demolition and loss of livelihood due to the municipality’s targeted operation against the poor in the city. After failing to move the High Court to block the operation, Umer has now approached the Supreme Court of Pakistan on this issue.[46] Umer’s advocacy of the khokhas has inspired a widespread discourse in Pakistani society about the critical role played by khokhas in keeping the cities affordable and inclusive.[47][48][49]
● Katchi Abadis case[50]: Following his successful defense of protesting dwellers of slums in Pakistan (katchi abadis) who had been charged with terrorism for opposing state sponsored demolition, Umer assisted the Law and Justice Commission of Pakistan to prepare a report for the Supreme Court on the issues of slums in Pakistan (katchi abadis). The report detailed many proposals and solutions to solve the human rights abuse issues which arose in these slums which the governments of Pakistan mostly had been neglecting.
● Defeating Delays[51]: Umer filed a public interest writ before the Supreme Court of Pakistan highlighting the inordinate delays in civil justice system of Pakistan and requesting the Supreme Court to undertake targeted reform namely by framing updated rules of the High Court, reinterpreting Pakistan’s Civil Procedure Code, publishing relevant judicial data/statistics, formulating a new Judicial Policy and strictly enforcing the law of costs and anti-perjury laws.[52] During the hearing of this petition, the Chief Justice of the Supreme Court of Pakistan appreciated the petition[53] and lamented that he could not ‘set his own house in order’ referring to the problems in Pakistan’s judicial and legal system.[54]
● Local Governments Case[55]: Umer has also publicly spoken against the dissolution of constitutionally sanctioned local governments.[56] He is also representing several local government leaders, most notably Ahmad Iqbal, the son of PML-N leader, Ahsan Iqbal before the Lahore High Court[57], in a petition before the Lahore High Court challenging the dissolution of the local governments by the provincial assembly of Punjab.[58]
● Presidential Ordinances Case: Umer has also publicly written against the abuse of ordinance making powers of the President of Pakistan. He has espoused the view that these are emergency powers under the Constitution and are not to be used to skip the law making process of Parliament in a routine manner.[59] He is also representing PML-N, Pakistan’s biggest opposition party to PTI led Federal Government, in a case where the ordinance making powers of the President of Pakistan have been challenged.[60] One of the senior most constitutional lawyers in the country submitted an amicus brief supporting the arguments raised by Umer.[61]
● National Finance Commission Award Case[62]: Umer represented former Defense Minister Engr. Khurram Dastagir Khan in a petition where he challenged the formation of the National Finance Commission (NFC.[63] The NFC is a constitutional body set up under Article 160 of the Constitution of the Islamic Republic of Pakistan which decides the formula for distribution of revenues amounting to several trillion rupees between the Central and the Provincial governments.[64] Umer was able to convince the Islamabad High Court to adjudicate on this high-stakes matter which had never before been litigated. During the proceedings, the Court issued strong observations as a result of which the Attorney General of Pakistan decided not to contest the case.[65] Instead the Government withdrew the notification under challenge and rectified the errors pointed out in the petition.[66]
● Citizenship rights: Umer has consistently advocated for extending citizenship rights to the millions of persons of Afghan, Bengali, Behari, Rohingya, Somali and other origins who have been born in Pakistan but have so far been denied citizenship documents. In 2016, writing in The News International, he argued that “Around 73 percent of the so-called registered Afghan ‘refugees’ fall in this category: they were born on Pakistani soil. Like it or not, by virtue of Section 4, these people are as Pakistani as you and I.”[67] More than a year later, when Pakistan’s Prime Minister made a similar statement, prominent political analyst Mosharraf Zaidi noted that the PM’s statement was based upon a legal theory propounded in this pioneering op-ed by Umer Zaidi stated: “As Umer Gilani eloquently argued in this paper in October 2016, the citizenship status of Afghan refugees may not merely be a matter of Pakistani hospitality or generosity, but in fact a matter of the application of the law.”[68]
Appearances Before Committees
● Umer has appeared before the Senate Standing Committee on Law on providing policy advice on increasing the performance of the Supreme Judicial Council – Pakistan’s only forum to deal with superior court judges failing misconduct charges.[69]
● He has also appeared before the Public Accounts Committee of the Federal Parliament on behalf of his client, the Pakistan Engineering Council – the statutory regulator of engineering professionals in Pakistan.[70]
Amicus Curaie
● Because of his expertise in urban law, Umer was appointed by the Islamabad District Administration as Amicus Curiae in an Inquiry on a demolition operation. A citizen had allegedly suffered loss of property on account of the illegal manner in which his shop was demolished by the city authorities.[71] The inquiry gave its findings in support of the citizen and proposed compensation to be paid to the man and Standard Operating Protocols for carrying out enforcement operations to be enacted.[72]
● In April, 2020, Umer was appointed as Amicus Curiae by the Chief Justice of Islamabad High Court, because of his expertise in Pakistan's microfinance laws. A microfinance customer sent a letter to the Chief Justice of Islamabad High Court, alleging that he was being chased by a microfinance institution for re-payments, even amidst the economic emergency created by COVID-19.[73] The petitioner urged the Court to intervene against this cruel loan-sharking.
Umer submitted a detailed brief outlining Pakistan's legal regime as well as possible solutions to the problem. After the regulators of the microfinance industry, the State Banks of Pakistan and Securities and Exchange Commission agreed to redress the grievances of microfinance customers, the Court did not proceed any further in the matter.[74]
Publications
Umer has been cited over 200 times by newspapers in Pakistan.[75] He is also a widely published author on legal issues. Of his most notable publications include a research paper he co-wrote with Mirza Shehzad Akbar, a prominent human rights lawyer in Pakistan on the issues of drone strikes by US forces on Pakistani soil and his articles on the importance of local governments in Pakistan, the shortage of judges in the Islamabad High Court, the issue of missing persons and the legality of missing persons. A complete list of his publications can be found below.
Journal Articles
● Mirza Shahzad Akbar and Umer Gilani (2015), Fire from the Blue Sky: Drone attack victims from Pakistan, their voice and their struggle , SUR International Journal of Human Rights, SUR 22 <http://sur.conectas.org/en//issue-22/fire-blue-sky>
● Umer Gilani (2010) Comment: The Qazalbash Waqf in LUMS Student Law Review <http://lumsstudentlawreview.blogspot.com/2010/12/comment-qazalbash-waqf-v-chief-land.html>
● Ahmed Ijaz Gilani, Umer Ijaz Gilani, Pashtoon Murtaza Kasi, Murad Musa Khan (2005) Psychiatric Health Laws in Pakistan: From Lunacy to Mental Health, PLOS Medicine, 2(11): e317. < https://doi.org/10.1371/journal.pmed.0020317>
Magazine Publications
● Umer Gilani (2019) The Case against Dissolution of Local Governments, Courting the Law – an online magazine <http://courtingthelaw.com/2019/09/17/commentary/the-case-against-dissolution-of-local-governments/>
● Umer Gilani, (2019) Pak-Turk Schools Case And Proposals For Regulating Supreme Court’s Powers Under A.184(3), Courting the Law – an online magazine <http://courtingthelaw.com/2019/02/27/commentary/pak-turk-schools-case-and-proposals-for-regulating-supreme-courts-powers-under-a-1843/>
● Umer Gilani, (2016) No more Strikes, Please , Courting the Law – an online magazine <http://courtingthelaw.com/2016/03/25/commentary/no-more-strikes-please>
● Umer Gilani (2016) The Struggle of the Residents of Islamabad’s Katchi Abadis, Bertha Foundation Blog <http://berthafoundation.org/bejust/?p=1490>
Op-eds in newspapers
● Umer Gilani (2020) The Laws of Liberty, The News International < https://www.thenews.com.pk/print/620731->
● Umer Gilani (2019) The High Court’s woes, The News International <https://www.thenews.com.pk/print/501280-the-high-court-s-woes>
● Umer Gilani (2019) Roll back of LGs, Dawn < https://www.dawn.com/news/1517714/rollback-of-lgs>
● Umer Gilani (2019) Citizens or refugees, The News International < https://www.thenews.com.pk/print/476250->
● Umer Gilani (2018) Judicial Activism for Judicial Reform, The News International < https://www.thenews.com.pk/print/281549->
● Umer Gilani (2016) The pace of justice, The News International < https://www.thenews.com.pk/print/281549->
● Umer Gilani (2016) Afghan refugees, The News International < https://www.thenews.com.pk/print/160207->
References[edit]
- ↑ GallupPakistan
- ↑ https://iiui.academia.edu/DrMuhammadMunir
- ↑ Munir, Muḥammad (2008). "Precedent in Islamic Law with Special Reference to the Federal Shariat Court and the Legal System in Pakistan". Islamic Studies. 47 (4): 445–482. JSTOR 20839140.
- ↑ https://www.academia.edu/225455/Is_Zina_bil-Jabr_a_Hadd_Tazir_or_Syasa_Offence_A_Re-Appraisal_of_the_Protection_of_Women_Act_2006_in_Pakistan_Yearbook_of_Islamic_and_Middle_Eastern_Law_vol._14_2009-2010_pp._95-115
- ↑ https://interface.edu.pk/students/April/Beaconhouse-School.asp
- ↑ Gilani, Ahmed Ijaz; Gilani, Umer Ijaz; Kasi, Pashtoon Murtaza; Khan, Murad Musa (2005). "Psychiatric Health Laws in Pakistan: From Lunacy to Mental Health". PLOS Medicine. 2 (11): e317. doi:10.1371/journal.pmed.0020317. PMC 1215469. PMID 16159307.
- ↑ https://sahsol.lums.edu.pk/alumni-listing
- ↑ http://lumsstudentlawreview.blogspot.com/2011/01/editorial.html#more
- ↑ http://pakistanmartiallaw.blogspot.com/2008_02_09_archive.html
- ↑ http://lumsjournal.blogspot.com/
- ↑ https://www.iba.edu.pk/ConstitutionalismJusticePoetry.php
- ↑ https://lawtoday.com.pk/2019/06/11/accountability-must-be-transparent-says-former-cjp-jawwad-s-khawaja/
- ↑ http://www.fja.gov.pk/files/publications/r_project_3.pdf
- ↑ http://www.lawandpolicychambers.com/p/civil-justice-reform.html
- ↑ https://www.kalamresearch.com/article.php?artID=69
- ↑ https://podcasts.apple.com/us/podcast/how-to-pakistan/id1078887791
- ↑ https://berthafoundation.org/the-struggle-of-the-residents-of-islamabads-katchi-abadis/profile-pic/
- ↑ https://www.thenews.com.pk/tns/detail/559167-a-questionable-existence-of-katchi-abadi-in-islamabad
- ↑ https://www.thenews.com.pk/tns/detail/559167-a-questionable-existence-of-katchi-abadi-in-islamabad
- ↑ https://berthafoundation.org/the-struggle-of-the-residents-of-islamabads-katchi-abadis/
- ↑ http://www.lawandpolicychambers.com/p/about-us.html
- ↑ https://www.thenews.com.pk/print/606085-not-the-auditor-s-job
- ↑ https://tribune.com.pk/story/1761337/pec-approaches-sc-engineers-fundamental-rights
- ↑ https://www.dawn.com/news/1576331/pec-plea-against-end-to-protection-for-local-firms
- ↑ http://www.theengineers.co/petition.PDF
- ↑ http://www.lawandpolicychambers.com/p/our-projects.html
- ↑ https://tribune.com.pk/story/1645315/1-ihc-declares-suspension-mobile-phone-service-security-law/
- ↑ https://digitalrightsmonitor.pk/islamabad-high-court-declares-government-network-shutdown-illegal/
- ↑ https://bytesforall.pk/post/verdict-islamabad-high-court-declares-network-disconnections-illegal
- ↑ https://ifex.org/pakistan-islamabad-high-court-declares-network-disconnections-as-illegal/
- ↑ https://www.accessnow.org/judges-raise-the-gavel-to-keepiton-around-the-world/
- ↑ https://www.ihrb.org/news-events/news-events/mobile-network-shutdowns-declared-illegal-in-pakistan
- ↑ https://bytesforall.pk/post/reflections-pakistan-ruling-banning-network-shutdowns
- ↑ https://tribune.com.pk/story/2257839/sc-upholds-govts-policy-to-suspend-mobile-services
- ↑ https://www.dawn.com/news/1419433
- ↑ https://leappakistan.com/mahera-sajid-v-station-house-officer-police-station-shalimar-court-fines-police-officers-for-inaction-in-case-of-enforced-disappearance/
- ↑ https://tribune.com.pk/story/1755563/1-ihc-imposes-fine-retired-general-civilian-officials/
- ↑ https://www.dawn.com/news/1419433
- ↑ https://www.thenews.com.pk/print/377016-missing-person-s-case
- ↑ https://dailytimes.com.pk/271205/judicial-activism-and-enforced-disappearances/
- ↑ https://dailytimes.com.pk/281301/an-exceptional-judgment/
- ↑ https://digitalrightsmonitor.pk/awami-workers-party-files-petition-in-ihc-against-website-censorship/
- ↑ http://www.na.gov.pk/uploads/documents/1472635250_246.pdf
- ↑ https://globalfreedomofexpression.columbia.edu/2018-justice-free-expression-conference-participants/
- ↑ https://fp.brecorder.com/2019/09/20190929521756/
- ↑ https://fp.brecorder.com/2019/09/20190929521756/
- ↑ https://www.sochwriting.com/one-khokha-one-thousand-lives/
- ↑ https://www.bbc.com/urdu/pakistan-49080716
- ↑ https://www.samaa.tv/news/2019/09/islamabad-khokhas-safe-for-now-but-not-for-long/
- ↑ http://ljcp.gov.pk/court_cases/06-09-2015.pdf
- ↑ https://tribune.com.pk/story/1631854/1-sc-hear-petition-seeking-judicial-reforms-next-week/
- ↑ http://www.lawandpolicychambers.com/p/constitutional-petition-for-defeating.html
- ↑ https://tribune.com.pk/story/1639327/1-need-revamp-judicial-system-cjp/
- ↑ https://www.pakistantoday.com.pk/2018/06/28/havent-been-able-to-put-own-house-in-order-cjp-admits/
- ↑ https://courtingthelaw.com/2019/09/17/commentary/the-case-against-dissolution-of-local-governments/
- ↑ https://www.thenews.com.pk/print/467010-silent-coup
- ↑ https://lawtoday.com.pk/2019/05/02/lhc-will-hear-plea-against-local-government-act-19-today/
- ↑ http://www.lawandpolicychambers.com/p/before-lahore-high-court-lahore.html
- ↑ https://www.thenews.com.pk/print/551794-unconstitutional-ordinances
- ↑ https://tribune.com.pk/story/2096600/1-pml-n-challenges-promulgation-ordinances-issued-president/
- ↑ https://www.thenews.com.pk/print/734419-presidential-ordinance-can-be-cancelled-if-not-as-per-constitution-says-rabbani
- ↑ https://dailytimes.com.pk/618692/ihc-asks-govt-to-explain-inclusion-of-hafeez-shaikh-in-10th-nfc/
- ↑ https://www.dawn.com/news/1558420
- ↑ http://www.finance.gov.pk/nfc_cons.html
- ↑ https://www.thenews.com.pk/print/690851-govt-removes-hafeez-sheikh-from-new-nfc
- ↑ https://profit.pakistantoday.com.pk/2020/07/22/govt-removes-hafeez-shaikh-from-nfc-restores-previous-tors/
- ↑ https://www.thenews.com.pk/print/160207-
- ↑ https://www.thenews.com.pk/print/370077-citizenship-for-afghan-refugees
- ↑ https://www.pakistantoday.com.pk/2019/01/22/senate-committee-seeks-performance-data-from-supreme-judicial-council/
- ↑ https://www.thenews.com.pk/print/606085-not-the-auditor-s-job
- ↑ https://www.samaa.tv/pakistan-news/2020/01/man-seeks-compensation-as-cda-demolishes-his-shop-without-warning/amp/
- ↑ https://tribune.com.pk/story/2141871/1-compensation-proposed-demolition-illegal-kiosk/?amp=1
- ↑ https://www.dawn.com/news/1548217
- ↑ https://www.dawn.com/news/1550105
- ↑ http://www.lawandpolicychambers.com/p/umer-gilani.html
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