ANNUAL REPORT - June 2018 - May 2019 - Supreme Court ...

SUPREME COURT OF PAKISTANANNUAL REPORTJune 2017 - May 2018

SUPREME COURT OF PAKISTAN

ANNUAL REPORTJune 2018 - May 2019

ANNUALREPORT

June 2018 - May 2019

Supreme Court of Pakistan

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Published by: Supreme Court of Pakistan

Compiled & edited by:

Khawaja Daud Ahmad, Additional Registrar (Administration)

Saleem Ahmad (Librarian) &Irfan Ullah (Asstt. Librarian)Supreme Court of Pakistan


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1. Foreword by the Chief Justice of Pakistan 1

2. Registrar’s Report 3

3. Profiles of the Chief Justice and Judges 53.1 Profile of the Chief Justice of Pakistan 63.2 Profiles of Judges of the Supreme Court of Pakistan 83.3 Profiles of Ad-hoc Members Shariat Appellate Bench 253.4 Judges retired during June 2018 to May 2019 27

4. Supreme Court of Pakistan 294.1 Introduction 304.2 Seat of Supreme Court 314.3 Branch Registries 314.4 Supreme Court Composition, June 2018 to May 2019 324.5 Jurisdictions of the Supreme Court 334.6 Procedure for the Appointment of Judges of the Supreme

Court of Pakistan36

4.7 Judicial Commission of Pakistan 364.8 Composition of the Judicial Commission of Pakistan 384.9 Judicial Commission of Pakistan Rules, 2010 384.10 Oath of Office 394.11 The Supreme Judicial Council of Pakistan 404.12 Code of Conduct for Judges of the Supreme Court and the

High Courts41

4.13 The Supreme Judicial Council Procedure of Inquiry, 2005 434.14 Role and Functions of the Chief Justice of Pakistan 43

5. Court Performance 475.1 OverviewofJudicialActivities 485.2 Statement of Court Sessions from June 2018 to May 2019 495.3 InstitutionandDisposalofCasesfromJune2018toMay

201959

5.4 Pendency of cases 625.5 InstitutionandDisposalofPetitions&Appeals 635.6 Consolidated Statement of Cases 65

6. Statistical Data Analysis 676.1 TrendinInstitution,DisposalandPendencyofCasesfrom

2001 to 201868

6.2 Institution,DisposalandPendencyofAppealsintheSupremeCourtofPakistanfrom1950toDecember,2018

70

6.3 Institution,DisposalandPendencyofPetitionsintheSupremeCourtofPakistanfrom1950toDecember,2018

72

6.4 InstitutionofPetitionsandAppealsoverthelastsixdecades 74

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7. Human Rights Cell 757.1 Human Rights Cell 767.2 Institution,DisposalandBalanceofCasesfromJune2018to

May 201976

7.3 ExpatriatePakistanis’WingInstitution&DisposalofCasesfrom June 2018 to May 2019

78

8 Important Cases Decided by the Supreme Court 818.1 NoticetoPoliceConstableKhizerHayat:IntheMatterof

Criminal Appeal No. 28-L of 201382

8.2 KanwarAnwarAli,SpecialJudicialMagistrate:IntheMatterof Criminal Appeal No. 259 of 2018

83

8.3 Muhammad Yousaf Vs. The State 848.4 CivilAviationAuthorityVs.SupremeAppellateCourtGilgit-

Baltistan85

8.5 NationalCommissiononStatusofWomenVs.GovernmentofPakistanthroughSecretaryLawandJustice

87

8.6 MaulaBuxShaikhandothersVs.ChiefMinisterSindhandothers

88

8.7 JusticeMuhammadFarrukhIrfanKhan,Judge,LahoreHighCourt,LahoreVs.FederationofPakistan

89

8.8 PakistanInternationalAirlinesCorporationandanotherVs.ZaeemAzizQureshiandanother

90

8.9 Pakistan Bar Council through Chairman and others Vs. FederalGovernmentthroughEstablishmentDivisionandothers

91

8.10 Mst.LailaQayyumVs.FawadQayum 928.11 Suo Moto Case No. 7 of 2017 928.12 GovernmentofSindhthroughSecretaryHealthDepartment

andothersVs.Dr.NadeemRizvi93

8.13 Province of Punjab through Secretary Punjab Public ProsecutionDepartmentandanotherVs.MuhammadRafiqueand others

94

8.14 KhawajaMuhammadAsifVs.MuhammadUsmanDar&others

94

8.15 IshaqKhanKhakwaniandanotherVs.RailwayBoardthroughChairman and others

95

8.16 Abu Bakar Farooq through Chairman and others Vs. Muhammad Ali Rajpar and others

96

8.17 Mian Sohail Ahmed and others Vs. The State and others 978.18 H.M.ExtractionGheeandOilIndustries(Pvt.)Ltd.Vs.Federal

Board of Revenue98

ANNUAL REPORT June 2018 - May 2019 v

9 The Court and Its Registries 999.1 Introduction 1009.2 The Principal Seat at Islamabad 1019.3 Branch Registry at Lahore 1039.4 BranchRegistryatKarachi 1049.5 Branch Registry at Peshawar 1069.6 BranchRegistryatQuetta 1079.7 InformationTechnologySection 1089.8 RecordWeedingSection 1099.9 Court Museum 1099.10 Court Library 1119.11 Supreme Court Research Centre 1129.12 AllocatedBudget&ExpenditureoftheCourt. 1139.13 StaffWelfareFund 1179.14 BeneficiariesofBegumQurrat-ul-AinRamdayWelfareTrust 1179.15 OrganizationalChartoftheCourt 118

10. Pictorial Presentation of Events 121

11. Activities of the Chief Justice of Pakistan and Judges 14311.1 Federal Judicial Academy 14411.2 LawandJusticeCommissionofPakistan 14511.3 ForeignToursoftheChiefJusticeandJudges 15111.4 NominationsofHon’bleServing/FormerJudges/officersof

thisCourtinrespectofdifferentInstitutions/Organizations152

12. Supreme Court of Pakistan and the Media 153

13. Information on the Administration of Justice 18113.1 PresentCompositionoftheFederalShariatCourtand

High Courts182

13.2 SanctionedStrengthofJudgesinSubordinateJudiciary 18513.3 StrengthofLawOfficersintheofficeofAttorneyGeneralforPakistan

186

13.4 StrengthofLawOfficersintheofficeofAdvocatesGeneral 18613.5 StrengthofLawOfficersintheofficeofProsecutorGeneral/

DirectorGeneral(Prosecution)187

13.6 Advocates on the Rolls of the Supreme Court 18813.7 Strength of Advocates Enrolled with the Bar Councils 18813.8 AffiliatedLawCollegeswithUniversities 18813.9 Judicial Hierarchy 194

14. Former Chief Justices, Judges and Registrars 19514.1 FormerChiefJusticesofPakistan 19614.2 Former Judges of the Supreme Court 19714.3 Former Registrars of the Supreme Court 201

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Supreme Court of Pakistanvi

Justice for AllJudicial Anthem

ByHon’ble Mr. Justice Tassaduq Hussain Jillani,

Former Chief Justice of Pakistan

The toil, the sweat, the tears and the blood,Make up the labor for the land begot.

The freedom is won, but the chains are clung,There are miles to cover,

The voyage is tough and the weather is rough,The odyssey begins; The Founder declares his visionOf Democracy, Faith, Tolerance and Compassion.

Discriminate the State shall notThou may belong to any religion, creed or caste.Oh! The vision is distorted, the march is thwarted,

Castles in the sand, babes in the woods,Recipes of fall abound in the books.The nation is cut, the land is bled

When the message is lost, a die is cast,The wages are loud, Beware of the clouds.Long live the message, the Lamp and the rays

That glow The Temple, which holds the scales,Pinning the dreams, the hopes and the oath

Of Justice for All

ANNUAL REPORT June 2018 - May 2019 vii

Mr. Justice Asif Saeed Khan KhosaChief Justice of Pakistan

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CHAPTER 1

It is with great pleasure that I present the Annual Report of the Supreme Court of Pakistan 2018-19. It was another busy year in the judicial history of Pakistan with many important milestones achieved andtargetsfulfilled.IamverygratefultomybrotherJudgesandstaffofthisCourtfortheirfullestsupportandhardworktoensureprovisionofinexpensiveandexpeditiousjustice,asmandatedbytheConstitutionofthe Islamic Republic of Pakistan. I commend and thank themallfortheirtirelesseffortstowardsfulfilmentofthat mandate.

In January 2019, when I took oath as the Chief JusticeofPakistan,oneofmyaimswastoaddresstheissueofbacklogofcasesatalltiersofthejudicialhierarchy,asdelayinconclusionofcaseswashurtingtheperformanceoftheJudiciaryasaninstitution.Afterlengthydiscussionwithallrelevantstakeholders,atwo-prongedstrategywasevolved.Thefirstpartfocused on clearance of backlog of cases pending in the Supreme Court, and the second related to expeditingcriminaltrialsbyestablishmentofmodelcourts across the country.

In the Supreme Court special Benches were constitutedtoheardifferentcategoriesofcasessuchascriminal,service,labour,NAB,banking,electionandtax,tonameafew.Anothertechniqueusedforcurtailingdelaysandmultiplicityofpetitionsandappealswasclubbingofpetitionsandappealsdealing with the same legal issues or arising out of the same order or judgement. These measures not only paved the way for deciding thousands of cases in an expeditiousmannerbutalsobenefitedthelitigantsintermsofcostandtime.

IntroductionofanE-CourtsystemconnectingthePrincipal Seat and all the Branch Registries of this Court through video-link was another important milestonecrossedbythisCourtintheconstitutionalandjudicialhistoryofPakistan.ThisinitiativesavedmillionsofRupeesandhugeamountoftimespentontouringofJudgesandstaffandonlawyerscommutingbetweencitiesandbenefitedthelitigantsbearingthebruntoftheexpenses.Thesaidstepprovedtobeamajorbreakthroughindischargeofourconstitutionalresponsibilityofprovidingexpeditiousandinexpensivejustice.ImustthanktheInformationTechnology(IT)CommitteeofthisCourt,headedbyHon’bleMr.JusticeMushirAlamwithHon’bleMr.JusticeSyedMansoorAliShahasitsMember,theITstaffofthisCourtandtheteamoftheNationalDatabaseRegistrationAuthority(NADRA)fortheirtirelesseffortsformakingthisdreamareality.Apartfromthatestablishing a model smart IT Court in Islamabad High

Court, Islamabad, which will decide cases with the use ofmodernITtechniques,isactivelybeingconsidered.

The unprecedented advancement of technology and globalizationofworldhasposednewchallengestoStatesandtheirinstitutionsnecessitatingcontinuousreview of policies to keep pace with the development. Realizingthatlackofproperresearchandweakanalysisofcurrentenvironmentcouldleadtoineffectivedecision-making, a modern Research Centre has been established in the Supreme Court. This Centre provides interdisciplinary,analytical,historicalandcomparativeresearchonquestionsoflaw.TheResearchCentreissuesbriefmonthlynewslettersreportinggistofthe latest decisions of this Court besides reviewing thecaselawofvariousforeignjurisdictionstokeep the Judges of this Court abreast of the latest developments in laws.

Itisamatterofgreatpleasureformetoreportthatthe backlog of thousands of criminal appeals pending before this Court since the year 1994 has been completelywipedoutandtheremainingfewdozensofsuchappealsareactivelybeingattendedto.WehopetoachievezeropendencyofcriminalappealsinthisCourtinthenearfuture.Inadditiontotheabove,thisCourthasalsodecidedthousandsofotherpetitionsand appeals during the last one year.

Anotherissuethatreceivedourseriousattentionwasthat the various High Courts were also confronted withhugebacklogsandthesituationkeptworseningwithinstitutionoffreshcasesonadailybasis.IhadtheprivilegeofvisitingdifferentHighCourtsanddiscussingwiththeirrespectiveChiefJusticesandJudgesdifferentstrategiesfordealingwiththeworkloadinanefficientandsystematicmanner.Iampleased to state that things have started improving and theHighCourtshaveconstitutedSpecialBenchesforexpeditiousdisposalofbanking,taxandrevenuecases.ItishopedthatthroughbettercasemanagementthesituationwouldimproveintheHighCourtsaswell.

Thetrialcourtsarethefirstforumtowhichthepublicbringtheirdisputesforresolutionbutduetoinordinate delays and protracted trial proceedings theeffortsrelentlesslybeingmadebytheJudiciaryareundermined.DuringthelastjudicialyeartheNationalJudicial(PolicyMaking)Committee(NJPMC),comprisingofalltheChiefJusticesinthecountry,approvedandlaunchedtheExpeditiousJusticeInitiative(EJI)whichhasworkedwondersinthefield.ThefirstphaseofthisInitiativewaslaunchedintheareaofcriminaltrialsandtheInitiativehasprovedsosuccessful that trials of criminal cases, which previously

Foreword by the Chief Justice of Pakistan

(In the name of Allah, the Most Beneficent, the Most Merciful)

FOREWORD BY THE ChieF JuStiCe oF PaKiStan1

ANNUAL REPORT June 2018 - May 2019 1

used to conclude in years, are now being completed in days and all this has been achieved without any change oflaworprocedureandwithoutanyextraexpense.UnderthisInitiativeModelCriminalTrialCourtsareestablishedinallthe116DistrictsinthecountryandinitiallyoneservingSessionJudgeoranAdditionalSession Judge was designated to preside over such courtsineachDistrictandlateronmorejudgesweredesignated as such in every nook and corner of the country.Subsequently,theInitiativewasexpandedand Model Trial Magistrates Courts and Model Civil Appellate Courts were established throughout the country.Inthenextphase,ModelFamilyCourtsandModel Rent Courts are also going to be established in everyDistrictofthecountry.

ThroughanotherinitiativeoftheNJPMCGender-based Violence Courts have also been established throughout the country and about one hundred judges of trial courts have already been imparted traininginthatfieldwiththeassistanceoftheAsianDevelopmentBankforwhichweareverygrateful.Such specialised courts have already commenced theirworkinallpartsofthecountry.Theseinitiativesarebeingacknowledgedasasilentrevolutiontakingplaceinourjusticesectorandarecatchingattentioninternationally.

TheLawandJusticeCommissionofPakistanhasalreadyundertakenvariousinitiativesforensuringimplementationofruleoflawthroughorganizationalandlegislativereforms,includingconstitutionofthePoliceReformsCommitteecomprisingofalltheservingandsomeretiredInspectors-GeneralofPoliceinthecountry.TheCommitteepreparedacomprehensivereportregardingorganizationalandoperationalimprovements in the police and that report was

sharedwiththeFederalandProvincialGovernments.Establishment of Complaint Redressal Centres by thepoliceineachDistricthasstarteddeliveringresults and has greatly helped in reducing the burden ofunnecessarylitigationoncourts.ConstitutionofDistrictAssessmentsCommitteestoreviewthereasonsforfrequentacquittalsisanotherinitiativetakenthroughthePoliceReformsCommitteewhichwouldimprovethequalityofinvestigation.

Deliveryofjusticeisaheavyresponsibilitywhichistobe discharged honestly, faithfully and in accordance withtheconstitutionandthelawwithoutfearorfavour,affectionorill-will.Iamconfidentthatthejudiciary,atalllevels,shallcontinuetodispensejusticeinallcircumstancesandupholdconstitutionalismbypromotingruleoflawinthecountry.

Before concluding, I must acknowledge and appreciate themeritoriousservicesrenderedbyHon’bleJusticeMianSaqibNisar,mypredecessor,andHon’bleJusticeSh.AzmatSaeed,whoretiredduringthelastyear.DuringthisperiodHon’bleJusticeQaziMuhammadAminAhmadandHon’bleJusticeAmin-ud-DinKhanwere appointed as Judges of this Court and their appointment has been hailed by all and sundry. I have no doubt in my mind that through the strong commitmentandprofessionalexcellenceofitsHon’bleJudges the Supreme Court shall keep on performing itsroleofbeingtheflagbearerofconstitutionalismandrule of law in the country.

Justice Asif Saeed Khan KhosaChiefJusticeofPakistan

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ThisreportaimstoshareinformationaboutthefunctioningandachievementsoftheSupremeCourtand the goals achieved during the year 2018-19.

Inordertoprovideinexpensiveandexpeditiousjusticetothelitigants,appropriatebencheswereconstitutedat principal seat as well as at branch registries and theHon’bleJudgesvolunteeredtoworkinthesummerandwintervacationstoclearthebacklogofcases.CaseswerecategorizedandSpecialbencheswereconstitutedtodecidedifferentcategoriesofcases i.e. civil, criminal, service and banking cases etc.Unnecessaryadjournmentswereavoidedanddiscouraged. In order to facilitate advocates, proposed cause lists were issued in advance. The Bar Councils andBarAssociationsexpressedgreatsatisfactionoverthemeasuresadoptedforcourtadministrationandfixationofcases.

On 1st June, 2018 pendency of the cases in the Court stood at 40091. From 1st June, 2018 to 31st May, 2019,22526newcaseswerefiled,whichraisedthependencyfiguresto62617.However,duringthisperiod 19564 cases were decided, thereby reducing the overall pendency to 43053.

Duringtheperiod,HumanRightsCellreceivedapplications/complaintsfromthepoor,downtroddenand vulnerable segments of society. On 1st June 2018 pendency of cases in Human Right Cell stood at 10841 and during the reported period 97885 new applications/complaintswerereceived,whichraisedthependencyfiguresto108726outofwhich105617were disposed of and overall pendency stood at 3109.

Duringthisperiod,Mr.JusticeMianSaqibNisar,FormerChiefJusticeofPakistanlaiddowntherobesofhisofficeon17.01.2019.TwonewJudgesnamelyMr.JusticeYahyaAfridifromPeshawarHighCourtandMr.JusticeQaziMuhammadAminAhmadfrom

Lahore High Court were elevated to the Supreme CourtofPakistan.FullCourtmeetingswereheldon07.07.2018,10.09.2018,06.02.2019&30.04.2019inwhichmattersrelatingtoadministrationofCourtwere considered. Full Court Reference in the memory oflateMr.JusticeNasimHassanShahHon’bleformerChiefJusticeofPakistan,Mr.JusticeRanaBhagwandasandMr.JusticeZaffarHussainMirza,Hon’bleformerJudges Supreme Court of Pakistan, was held on 22nd October, 2018. Full Court Reference in the memory oflateMr.JusticeSaiduzzamanSiddiqui,Hon’bleformerChiefJusticeofPakistan,Mr.JusticeDr.JavedIqbal,Mr.JusticeCh.IjazAhmedandMr.JusticeMianBurhanuddinKhan,Hon’bleformerJudges,SupremeCourt of Pakistan, was held on 12th November, 2018. FullCourtReferenceinthememoryoflateMr.JusticeSajjadAliShahandMr.JusticeAjmalMian,Hon’bleformerChiefJusticesofPakistan,Mr.JusticeMukhtarAhmedJunejoandMr.JusticeHamidAliMirza,Hon’bleformerJudges,SupremeCourtofPakistan,was also held on 13th November, 2018.

VariousCommitteesandconstitutionalbodiesassociatedwiththeCourthavebeenactivelyengagedthroughout the period. The Judicial Commission of Pakistan on appointment of Judges in the superior Courts held 14 sessions and recommended 36 nominationsforappointmentandelevationtothesuperior Courts. The Supreme Judicial Council remainedfunctionalandconsideredvariouscomplaints.AfterdueprocedureenshrinedinArticle209oftheConstitutionofIslamicRepublicofPakistan1973 and Supreme Judicial Council Procedure of Enquiry 2005, it disposed of 96 cases during the period under report.

Arbab Muhammad ArifRegistrar

Registrar’s Report

REGISTRAR’S REPORT2


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Supreme Court of PakistanannuaL RePoRt June 2018 - May 2019

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PROFILES OF THE CHIEF JUSTICE AND JUDGES3

Date and place of birth: December21,1954DeraGhaziKhan,Pakistan

Marital status: Married. Blessed with two daughters and four grandchildren

Educational qualifications:

Matriculation: Fifth position in the Board of Intermediate and Secondary Education, Multan in 1969 Awarded the National Talent Scholarship

Intermediate: First position in the Board of Intermediate and Secondary Education, Lahore in 1971GovernmentCollege,LahoreAwarded the National Talent Scholarship

B.A.: First positionintheUniversityofthePunjabin1973GovernmentCollege,LahoreAwarded the National Talent Scholarship

M.A.: Master of Arts degree in English Language and LiteraturefromtheUniversityofthePunjabin1975

Tripos-I: LawTripos,PartI,fromQueens’College,

UniversityofCambridge,UnitedKingdomin1977

LL.M.: MasterofLawsdegreefromQueens’College,UniversityofCambridge,UnitedKingdomin1978withspecializationinPublicInternationalLawinthesubjectsoftheLawofPeace,theLawofWarandArmed Conflict, the Law of International Institutions and the Law of Civil Liberties

Barrister-at-Law: Called to the Bar on 26.07.1979 attheHonourableSocietyofLincoln’sInn,London,UnitedKingdom

Legal practice:

(a) EnrolledasAdvocateoftheLahoreHighCourton 13.11.1979

(b) EnrolledasAdvocateoftheSupremeCourtofPakistan on 12.09.1985

(c) Handled thousands of cases of constitutional,criminal, civil, service, revenue and election laws as an Advocate Supreme Court and High Court

(d) Over600casesconductedasanAdvocatereported in various Law Reports of the country

(e) ServedasaMemberoftheLibraryCommitteeandasaMemberoftheExecutiveCommitteeofthe Lahore High Court Bar Association, Lahore

3.1 Profile of the Chief Justice of Pakistan

MR. JUSTICE aSiF Saeed Khan KhoSa


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Publications:

1. First book:‘HeedingtheConstitution’(publishedin1995byPLDPublishers,35-NabhaRoad,Lahore,Pakistan)

2. Second book:‘ConstitutionalApologues’(publishedin1997byKausarBrothers,I-TurnerRoad,Lahore,Pakistan)

3. Editedandcompiled‘TheConstitutionofPakistan,1973’withallamendmentsuptodate(publishedin1989byKausarBrothers,I-TurnerRoad,Lahore,Pakistanandreprintedeveryyear)

4. Third book:‘JudgingwithPassion’(publishedin2008byKausarBrothers,I-TurnerRoad,Lahore,Pakistan)

5. Fourth book:‘BreakingNewGround’(intheprocessofcompletion)

6. ChiefEditorofKeyLawReports(KLR)from1989to 1998

7. Scores of articles and research papers on diverse constitutional and legal issues published in major law reports and newspapers of the country since 1988

Teaching experience:

1. Part-time lecturer of Constitutional Law at the University Law College, Bahauddin ZakariyaUniversity,Multan,Pakistanfrom1982to1985

2. Part-time lecturer of Constitutional Law at the PunjabUniversity LawCollege, Lahore, Pakistanfrom 1986 to 1992

3. Part-time lecturer of Constitutional Law at the Punjab Law College, Lahore, Pakistan from 1995 to 1996

4. Part-time lecturer of Constitutional Law at the Pakistan College of Law, Lahore, Pakistan from 1996 to 1998

5. Visiting lecturer of Constitutional Law at the Civil Services Academy, Lahore; National InstituteofPublicAdministration(NIPA),Lahore;National Police Academy, Islamabad; Staff TrainingInstituteoftheServicesandGeneralAdministrationDepartmentoftheGovernmentof the Punjab; Training Course for Civil Judges conducted by the Lahore High Court, Lahore; andtheLahoreUniversityofManagementSciences(LUMS)

Judicial experience:

Elevated to the Bench and appointed as a Judge of the LahoreHighCourt,Lahore(acourtofappealwhich isthesecondhighestCourtof thecountry)onMay21,1998

Appointed as a Judge of the Supreme Court of Pakistan on February 18, 2010 and serving in that capacity till date

Acted as the Chief Justice of Pakistan from June 05, 2017 to June 11, 2017, June 29, 2017 to July 05, 2017,May14,2018toMay30,2018andDecember17,2018toDecember23,2018

Appointed as the 26th Chief Justice of Pakistan on January 18, 2019

Decidedaboutfifty-seventhousandcasesoveraperiod of about twenty-one and a half years so far

Conferences, seminars and symposia, etc. attended and addressed:

Attended and represented Pakistan in international conferences, seminars and symposia held in Sri Lanka, India,Nepal,Canada,Tanzania,UnitedKingdom,Mauritius, Malaysia, Nigeria, Turkey, Scotland, Republic of Ireland, Bermuda, Turkish Republic of Northern Cyprus,UnitedStatesofAmerica,Japan,Italy,Tobagoand Trinidad and Russia

Some other honours:

AfoundingmemberoftheSAARCLAW

Conferred Fellowship of the Commonwealth Judicial EducationInstitute,Halifax,Canadain2006

ElectedmemberoftheBoardofDirectorsoftheCommonwealthJudicialEducationInstitute,Halifax,Canada since June 2008

Serving as a member of the Rhodes Scholarship Selection Committee for Pakistan since 2004

Chairman,BoardofGovernorsoftheFederalJudicialAcademy, Islamabad, Pakistan

Chairman of the Judicial Commission of Pakistan

Chairman of the Supreme Judicial Council of Pakistan

Chairman of the Shariat Appellate Bench of the Supreme Court of Pakistan


Born on 2ndFebruary,1957,atKarachi,Pakistan,inthefamilyofdistinguishedLawyerofKarachiMr.Noor Muhammed. He did his early education from GulistanSchool,KarachiandobtainedB.A.DegreefromGovernmentNationalCollege,KarachiandLL.B.DegreefromS.M.LawCollege,Karachi.Enrolledasan Advocate on 18th January, 1986 and as an Advocate of the High Court on 4th April, 1988 and then as an Advocate of the Supreme Court of Pakistan on 15th September, 2001. Elected as Honorary Secretary oftheSindhHighCourtBarAssociation,Karachi,for the year 1999-2000. Practised mainly on the Civil Corporate side and remained Legal Advisor of various Multinational and Local Companies, Banks and Financial Institutions.

Elevated as Judge of the High Court of Sindh on 27th August,2002.RemainedMemberBoardofGovernors,InstituteofBusiness&Technology,NEDUniversityofEngineering&Technology,SirSyedUniversityofEngineering&Technology,IqraUniversity,AhmedE.H.JafferFoundationandAghaKhanUniversity,Karachi.Remained Chairman, Enrollment Committee of Sindh BarCouncil,Karachi.AlsoremainedChairmanoftheDevelopmentCommittee&I.T.CommitteeoftheHighCourtofSindh,Karachi.Attended2009StudyTour for Pakistani Judicial Officials on “International Cooperation in Terrorist Cases” sponsored by the UnitedNationsOfficeonDrugandCrimeatVienna,Bonn and Berlin. Attended “18th Intensive Study Programme for Judicial Educators” conducted by Commonwealth Judicial Education Institute, Canada heldon5-24June,2011withsessionsatHalifax,

Ottawa and Toronto, Canada and conferred Fellowship by the Institute. Notified as Senior Puisne Judge of the High Court of Sindh on 14th February, 2011. Elevated as Judge of the Supreme Court of Pakistan on 16th November, 2011. Attended “International Judicial Conference” as Co-Chair for thematic group “Parental ChildAbduction&TransnationalJurisdiction”heldon19-21April,2013atIslamabad.AttendedWorkshopsof Federal Judicial Academy, Islamabad. Participated inthe“CompetitionLawWorkshopforAsia-PacificJudges” held on 15-17 October, 2014 at Seoul, Korea.Gaveaninformallectureon“JudiciaryandJudicialSystemofPakistan”attheSeattleUniversity,SchoolofLaw,USA,on27th October, 2014, with questionandanswersession.Attended“Workshopat Economics Institute for Competition Judges” held on 1-6 March, 2015 at Singapore and “12th Meeting of the Chairmen of Supreme Court of SCO Member States” held on 25-27 October, 2017 at Tashkent, Uzbekistan.Participatedinthefund-raisingeventfor“DiamerBasha&MohmandDam”inDecember,2018atSeattle,USA.Attended“XInternationalConferenceonCompulsoryExecution”heldinJuly-August,2019at Moscow, Russia. Notified as Chairman of the DisciplinaryTribunal,PakistanBarCouncil;EnrolmentCommittee, Pakistan Bar Council and Enrolment Committee of AORs. Notified as Member of Building Committee of the Supreme Court of Pakistan and Senior Member of Committee for Law Clerkship Program so also as Judge Incharge Administration, Supreme Court Establishment. Remained Acting Chief Justice of Pakistan from 20th – 28th November, 2018 and 13th – 17th May, 2019.

MR. JUSTICE guLZaR ahMed

3.2 Profiles of the Judges of the Supreme Court of Pakistan


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Born on 28th August, 1954 at Rawalpindi. Completed basiceducationfromthesamecity.DidhisSeniorCambridgefromtheSt.Mary’sAcademyin1970.GraduatedfromSirSyedCollege,Rawalpindiin1974.JoinedthePunjabUniversityLawCollege,OldCampus,LahoreandobtainedLL.B.Degreein1978.

Joined the legal profession in the same year at Rawalpindi and after completion of apprenticeship was enrolled, as an Advocate in 1978.

After working in various chambers, started his independent practice in Lahore in 1980 and was enrolled, as an Advocate of the Lahore High Court in 1981 and subsequently, as an Advocate of the Supreme Court of Pakistan.

He was appointed, as Legal Advisor to the Lahore DevelopmentAuthorityin1996.

Appointed as Special Prosecutor, by Ehtesab Bureau in 1997 and was a Member of the Legal Team prosecuting high profile cases before the Lahore High Court, Lahore and Rawalpindi Bench.

AppointedasDeputyProsecutorGeneral,NABatIslamabad in the year 2000 for a period of one year. Appointed as Special Prosecutor, NAB in 2001 to prosecute the cases before the Accountability Courts at Attock Fort and Rawalpindi.

TaughtintheQuaid-e-AzamLawCollege,Lahoreforthree years.

Duringthecourseoflegalprofessionalcareer,conducted a large number of cases before the Civil and Banking Courts and the High Courts of Sindh, Peshawar High Court and Lahore High Court. He also appeared, as an Advocate before the Cricket Inquiry including in proceedings held at Malborne (Australia)inadditiontolitigation.Hewasalsoinvolvedin negotiations of various commercial and financial transactions, both inside and outside Pakistan.

He participated in the international conference on financial crimes and money laundering. On account of his personal and professional commitments, has visited variouscountries,includingUSA,Germany,UK,France,Italy,Australia,Turkey,Singapore,UAE,Malaysia,Bangladesh, Sri Lanka, Maldives, Thailand and South Korea.

Appointed as an Additional Judge of the Lahore High Court from 1.12.2004 and on confirmation took oath, as Judge of the Lahore High Court on 1.12.2005.

In June 2006, nominated as Member of the Board of Governors,NationalCollegeofArts.

Elevated as Judge of the Supreme Court of Pakistan on 1st June, 2012.

MR. JUSTICE Sh. aZMat Saeed


Borntoalawyerfamilyon18.8.1956.HisGrandfather,Moulvi Abdul Rauf, served as counsel for Mahraja ofGawaliarState.Hislatefather,Mr.MuhammadAkram was leading senior lawyer of his time. His late uncle,Mr.ManzarAlam,aveteranworkerofPakistanMovement, also served the legal profession as an outstanding lawyer. He is the third generation of his family in legal field. He did his LLB from S.M.Law College,Karachi.JoinedKarachiBar,in1981.Enrolledas an Advocate High Court in 1983.

Professional Experience

Played active role in Bar activities. Held office of HonoraryJointSecretaryandthenasGeneralSecretaryHighCourtBarAssociationKarachi.Electedas Member Sindh Bar Council. Appointed as Standing CounselforGovernmentofPakistanin1998heldlasttwo positions till elevation to the Bench on 20th April 1999.ElevatedasaJudgeoftheHon’bleSupremeCourt of Pakistan on 20th September 2013.

WorkedforallPakistanTradeUnionCongress,anaffiliateofBrotherhoodofAsianTradeUnion(BATU),WorkerConfederationofLabour(WCL),Nominatedas link person in Pakistan, for the implementation of International Labour Standard or ILO Norms in Pakistan. Attended large number of regional and international conferences and workshops under the auspicesofAPTUC,BATU,WCLandILO.

Administrative Profile

• Member Judicial Commission of Pakistan• Member Supreme Judicial Council• MemberLaw&JusticeCommissionofPakistan• Member Administrative Committee of Federal

Judicial Academy • ChairmanDPCofLaw&JusticeCommissionof

Pakistan • ChairmanDSCSupremeCourtofPakistan• Judge In-charge IT Affairs of Supreme Court. Taken litigant-friendly initiatives towards

transformation of litigation process in the Supreme Court of Pakistan through introduction ofInformationCommunicationTechnology(ICT)techniques integrated with other emerging technologies,includingArtificialIntelligence(AI)injudicialresearch&administrativeregimetomakejudicial working more efficient, responsive, quicker and qualitative. E-Courts established at the Principal Seat Islamabad equipped as dedicated video link Courts connected with the four Branch RegistriesfromPeshawar,Lahore,KarachiandQuettasimultaneouslyhaveresultedinconductingproceedings in real time. All stakeholders including MinistryofLaw&Justice,NADRA,BureauofInternational Narcotics and Law Enforcement Affairs,USDepartmentofState,USDepartmentof Justice and COMSATS Islamabad through their untiring efforts and dedication are providing assistancetomaterializethevisionofexpeditiousandinexpensivejusticethroughtheapplicationofinformation technology.

• Chairman National Judicial Automation Committee

SpearheadingCommitteeofTechnologyExpertsincludingthatofNationalUniversityofScienceandTechnology(NUST)toevolveacentralizedautomation solution for judiciary.

• Administrative Judge of Supreme Court Research Center

It is working on making taglines and keywords ofabout1300judgments/ordersofthiscourtwhich are available on the website of this Court, for convenience of the whole legal community in searching the relevant case law.

Participations in international Symposiums/Conferences

• Conference on the Role of the Constitutional CourtinRealizationofthePrincipleoftheSeparation of Powers and Human Rights ProtectionheldinUzbekistaninOctober,2015

• DubaiInternationalFinancialCentreCourts(DIFC)heldinU.A.E.inMarch,2018.

• Seminar for Judges from SCO Member States held in China in April, 2019

• HeadedStudyTourarrangedbyU.S.StateDepartment’sBureauofInternationalNarcoticsandLawEnforcementAffairs(INL)conductedinJuly,2019fromWashingtonD.C.andBoston.

MR. JUSTICE MuShiR aLaM


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JusticeUmarAtaBandialwasbornon17.09.1958inLahore. He received his elementary and secondary educationatdifferentschoolsinKohat,Rawalpindi,PeshawarandLahore.HesecuredhisB.A.(Economics)degreefromColumbiaUniversity,USAfollowedbyaLawTriposdegreefromCambridgeUniversity,UKandqualifiedasBarrister-at-LawfromLincoln’sInn,London. In 1983, he was enrolled as an Advocate of the Lahore High Court and some years later, as an Advocate of the Supreme Court of Pakistan.

InhislawpracticeatLahoreJusticeUmarAtaBandialdealtmostlywithcommercial,banking,taxand property matters. After 1993 until his elevation, JusticeUmarAtaBandialalsohandledinternationalcommercial disputes. He appeared in arbitration matters before the Supreme Court of Pakistan and also before international arbitral tribunals in London and Paris.

JusticeUmarAtaBandialwaselevatedasJudgeoftheLahore High Court on 04.12.2004. He declined oath under PCO in November, 2007 but was restored as a Judge of the Lahore High Court as a result of the lawyers and civil society movement for revival of the Judiciary and Constitutional rule in the country. Later, he served for two years as Chief Justice, Lahore High Court until his elevation as Judge of Supreme Court of Pakistan.

DuringhiscareerasJudgeoftheLahoreHighCourtandtheSupremeCourtofPakistan,JusticeUmarAtaBandial rendered judgments on a number of important public law and private law issues. These include pronouncements on Constitutional Law matters and also public interest issues.

JusticeUmarAtaBandialattended:aLawSeminaronInternationalCriminalLawatHague(2012);theCommonwealth Regional Consultative Meeting on JudicialServicesCommissionModelLawKualaLumpur(2015);andthe13th Conference of Presidents of Supreme Courts of SCO Member States at Beijing (2018).

He taught Contract Law and Torts Law at the Punjab UniversityLawCollege,Lahoreuntil1987andremainedamemberofitsGraduateStudiesCommitteewhile serving Judge Lahore High Court.

MR. JUSTICE uMaR ata BandiaL


BornonOctober26,1959inQuetta,JusticeQaziFaezIsaisthesonofthelateQaziMohammadIsaofPishin,who was in the forefront of the Pakistan Movement, andthegrandsonofQaziJalaluddin,thePrimeMinisterofKalatState.JusticeIsa’sfatherwasthefirstpersonfrom the province to acquire the Bar-at-Law degree and after his return from London helped establish the All India Muslim League in Balochistan and was nominatedbyQuaid-e-AzamasthePresidentoftheProvincial League and had the distinction of serving as theonlymemberontheCentralWorkingCommitteeof the All India Muslim League from Balochistan.

BegumSaidaIsa,JusticeIsa’smotherwasadedicatedsocial worker and worked in an honorary capacity on the boards of hospitals and other charitable organizationsfocusingoneducation,childrenandwomen’shealthissues.

JusticeIsawascalledtotheBarofEnglandandWales(MiddleTemple,1982)andenrolledasanadvocateofthe Balochistan High Court and as an advocate of the Supreme Court from Balochistan. He practiced law for over 27 years before all the High Courts of Pakistan, the Federal Shariat Court and the Supreme Court of Pakistan. He became a member of the Balochistan High Court Bar Association, Sindh High Court Bar Association and Life Member of the Supreme Court Bar Association of Pakistan.

BeforeJusticeIsa’selevationtotheHighCourthewas a senior partner and head of litigation in one of Pakistan’sleadinglawfirms.Herenderedhisservicesas amicus curiae when called upon by the High

Courts and Supreme Court of Pakistan and had also conducted international arbitrations. He also served on the boards of the largest bank of Pakistan, the Security andExchangeCommissionofPakistanandoftheQauid-e-AzamMazaarManagementBoard.

Prior to his elevation Justice Isa regularly wrote on the Constitution, Law, Islam and Environment and his articles were published in Pakistan premier English newspaper.Healsoco-authoredthebook:“MassMedia Laws and Regulations in Pakistan” and authored theReport:“Balochistan:CaseandDemand”.

After the proclamation of emergency of November 3, 2007, he elected not to appear before judges who had violated their oath. Subsequently, after the Supreme Court declared the action of November 3, 2007 unconstitutional, all the then judges of the High Court of Balochistan tendered their resignation, and on August 5, 2009 Justice Isa was directly elevated to the position of Chief Justice of the High Court of Balochistan.

At the time of his elevation Justice Isa was the solitary judge in the High Court. He nominated judges, all of whom were confirmed, and thus reestablished the High Court of Balochistan. He reopened the High Court at Sibi which had remained closed for a number of years, and acquired land for the construction of the High Court at Turbat and approved the design of its building. He then went on to upgrade all the courts in Balochistan focusing on facilitating access and providing facilities to the public. Justice Isa introduced a system of transparent induction of officials and

MR. JUSTICE QaZi FaeZ iSa


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officers in the High Court after advertising such posts. Duringhistenurealargenumberofvacantjudicialposts in the subordinate judiciary were filled. Each post was advertised and each applicant had to sit for aseriesofexamsandacquireaminimumpassmarkbefore being invited for an interview.

JusticeQaziFaezIsatookoathasaJudgeoftheSupreme Court of Pakistan on September 5, 2014. HenowlivesinIslamabadwithhiswifewhohe’sbeenmarried to for 36 years. He has a son and a daughter and is blessed with three grandchildren.

JusticeIsa’sjudgmentsreflectastrongdesiretoadhere to the Constitution and the Rule of Law. He is also at pains to safeguard the public interest. Thefollowingareextractsfromnotablejudgmentsrendered by Justice Isa. He wrote a powerful dissent in the case assailing the Twenty-first Amendment to the Constitution, which enabled the trial of civilians by militarycourt(DistrictBarAssociation,RawalpindivFederation of Pakistan,PLD2015SupremeCourt410,at1158-1209).

“Neither the Federation nor the provinces should invade upon the rights of the other nor encroach on the other’s legislative domain”,wroteJusticeIsa(Sindh Revenue Board v Civil Aviation Authority,2017SCMR1344)whilststrikingdowntheimpositionof‘salestaxonservices’imposedontheCivilAviationAuthority,afederal regulatory authority, by the Sindh Legislature.

The Sindh Public Service Commission was directed to performitsstatutoryroleanditandtheGovernmentof Sindh were directed to “ensure complete transparency in the process of selection and appointment respectively” of qualified candidates, as their “performance and work would be far superior to the inept allowed in through the back door of nepotism and/or corruption”(In the matter of Suo Motu Regarding Eligibility of Chairman, etc., 2017SCMR637,658E).

The blatant illegalities committed by the personnel at the helm of the Sindh Coal Authority were noted and it was observed that the Sindh Coal Authority and the SpecialInitiativeDepartmentwere“implementing and executing projects and schemes worth 105,906,940,000 rupees. A small clique of persons is put in charge of these massive funds, avoiding established methods of checks and balances and circumventing the prescribed manner of implementing and executing of projects/schemes; which is a matter of grave public concern”(Suo Motu Case No.19 of 2016,2017SCMR683,699G).

TheNationalAccountabilityBureau(NAB)wascastigated when it proposed to enter into a plea bargain with a government servant who was caught red-handed with an astronomical cache of Rs.699,967,958; “the acceptance of the plea bargain by the Chairman runs counter to the stated object [of the NAB Ordinance] to ‘eradicate corruption and to hold accountable all those persons accused of such practice’; instead, the message that emanates from NAB is that, if one surrenders only the amount which was seized he will be let off. The rising tide of insidious corruption devastates lives; this Court has repeatedly noted and warned about it, but it seems to no avail”(KhalidHumayun v NAB,PLD2017SupremeCourt194).

The state can only engage “private counsel for compelling reasons and in the public interest and not to protect or save a particular individual (as was done in WP 1548) or for any other ulterior reason” wrote Justice Isa. “The Federal Government and the provincial governments have a host of law officers who are paid out of the public exchequer. If a government contends that none amongst its law officers are capable of handling cases then the question would arise why have incompetent persons been appointed. In such a scenario the public suffers twice, firstly, they have to pay for incompetent law officers, and secondly, they have to pay again for the services of competent counsel the government engages. The public exchequer is not there to be squandered in this manner” (Rasheed Ahmad v Federation of Pakistan,PLD2017SupremeCourt121).


Hon’bleMr.JusticeMaqboolBaqarbelongstoarespectablefamilyofKarachi,Sindh.Hislordshipwas born on 5th of April, 1957. Having acquired basic education from some of the best institutions inKarachi,hislordshipdidhisLL.BfromUniversityofKarachiandwasenrolledasanAdvocatetopracticelawintheyear1981.Duringhisstintaslawyer, his lordship conducted all types of cases especially in corporate law. His lordship was elevated to the Bench on 26th of August, 2002 as Additional Judge of the High Court of Sindh and confirmed on 26th of August, 2003. His lordship was one of those Judges who demonstrated courage in upholding the ‘RuleofLaw’inthecountryandrefusedtotakefreshoath under the Provisional Constitution Order No. 1 of 2007 after the Emergency imposed by

GeneralPervezMusharrafandweredeposedforthe time being. However, after the momentous and remarkable movement by the lawyers and efforts made by the members of the civil society for restoration of judiciary, after the revival of democracy in Pakistan in the year 2008, his lordship along with brethren Judges were restored to office. TheHon’bleJudgewasappointedasChiefJusticeof the High Court of Sindh on 20th of September, 2013. As Chief Justice of the High Court, he took in hand a number of reformative initiatives so as to better and plight of the Subordinate Judiciary in the Province of Sindh besides pronouncing some important verdicts. On 17.2.2015 his lordship was elevated as a Judge of the Supreme Court of Pakistan.

MR. JUSTICE MaQBooL BaQaR


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Hon’bleMr.JusticeManzoorAhmadMalikwaselevated to the Bench on 15.09.2009. He has been apracticingAdvocateattheHon’bleSupremeCourtof Pakistan and High Courts since 2001 and 1989, respectively. His area of practice was mainly criminal law. In the year 2005, Justice Malik founded Free LegalAidSocietyforHelpless(FLASH)andremainedits elected President till his elevation. He remained Chairman Election Board, for conducting elections of Lahore High Court Bar Association, for five consecutive years(2005to2009).HehasalsoremainedChairmanand Member, Administration Committee of Lahore HighCourt(since2011tillhiselevationtoSupremeCourt),AdministrativeJudgeofAnti-TerrorismandBanking Courts in the Punjab and Environmental Tribunal(since2012tillhiselevationtoSupremeCourt),ChairmanEnrolmentCommitteeforissuanceofFitness Certificates to the Advocates for enrolment as anAdvocateoftheHon’bleSupremeCourtofPakistan,InspectionJudgeofDistrictsGujranwalaandSahiwalandPakpattan,ChairmanRulesCommittee(High

CourtRules&Orders)ofLahoreHighCourt,Member,GraduateStudies(LL.M)CommitteeofUniversityLawCollege,UniversityofthePunjab,LahoreandMemberSyndicate,GovernmentCollegeUniversity,Lahore. Justice Malik also participated in numerous National/Internationaljudicialconferenceswhichincludes two foreign trips on “Training In International Law–Meeting International Human Rights Standards in Criminal Proceedings”inNetherlands(Holland)organizedbyAsiaFoundationandTheHagueForumforJudicialExpertise(18-25April,2012)and“Visit to the UK to discuss protecting witnesses and court security in terrorism cases” invited by the Senior PresidingJudgeforEnglandandWalesTheRt.Hon.LordJusticeGross,RoyalCourtsofJusticeStrandLondon(23-29March,2014).

Hon’bleMr.JusticeManzoorAhmadMalikwaselevated to the Supreme Court of Pakistan on 06.11.2015.

MR. JUSTICE ManZooR ahMad MaLiK


Hon’bleMr.JusticeSardarTariqMasoodwasbornon11.03.1959 in a noble family of village Saroha, Tehsil KallarSyedanDistrictRawalpindi.AfterdoingBachelorof Law, His lordship started practicing law in the year 1985atDistrictRawalpindiandwasenrolledasanAdvocate High Court in the year, 1987. His lordship ascended to be an Advocate Supreme Court of Pakistan in the year 2008. His lordship also remained asPresident,DistrictBarAssociation,Rawalpindi.

Hon’bleMr.JusticeSardarTariqMasoodhavingbeenelevated as Additional Judge of the Lahore High Court, Lahore on 14.09.2009 and was confirmed on 11.05.2011. His lordship has been adorning the Bench at Lahore High Court since September 2009 and contributed many reported judgments and accepted many administrative responsibilities with heart and soul. His lordship remained Inspection Judge, Khanewal,Vehari,PakpattanDistrictsandHafizabadDistrict;MemberAdministrationCommittee,LahoreHigh Court, Lahore and Administrative Judge, Labour Courts,DrugCourtsandConsumerProtectionCourts.

Hon’bleMr.JusticeSardarTariqMasoodwaselevatedas Judge, Supreme Court of Pakistan on 06.11.2015.

MR. JUSTICE SaRdaR taRiQ MaSood


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Hon’bleMr.JusticeFaisalArabwasenrolledasanAdvocate of the lower courts in 1990, as Advocate of the High Court in the year 1992 and as Advocate of the Supreme Court in 2005. Justice Faisal Arab commenced his journey as a lawyer in 1989 when he took internship in the law firm of a leading lawyer of this country and a former Judge of the Supreme Court Mr.Justice(Retd)FakharuddinG.Ebrahim.WhenMr.FakharuddinG.EbrahimbecameGovernorofSindh,hejoinedthelawfirmSurridge&BeechenoinFebruary1990andwhenMr.FakharuddinG.Ebrahimrejoined his profession after resigning from the office ofGovernorship,hejoinedhimagaininOctober1990and worked with him upto October, 2000 whereafter he established his own Law firm in the name of Faisal Arab&Associates.JusticeFaisalArabalsoworkedforthe Federation of Pakistan as its Standing Counsel from 1st October, 2004 till 24th October, 2005. He was then elevated as Additional Judge of the Sindh High Court on 25th October 2005 and confirmed as permanent Judge on 25th October, 2006. After his elevation to the High Court, he closed down his law firm.

It is truly remarkable to note that Justice Faisal Arab was amongst those Judges of the Sindh High Court who withstood all pressures and temptations to take oathundertheProvincialConstitutionalOrder(PCO)of November 2007 and only joined the judiciary after PCOwaslifted.DuringtheperiodheremainedJudgeof the High Court, he was appointed as Member, Election Commission of Pakistan on 21st November, 2009. On 16th June, 2011 he was appointed as Member Federal Review Board. On 20th November 2013 he was assigned the responsibility as the President of the Special Court that was established totryGeneral(R)PervaizMusharaffortheoffenceofhightreasonundertheHighTreason(Punishment)Act,1973.JusticeFaisalArab’struereflectionasaJudgeof high esteem became evident when he conducted the trial in the High treason case in the most fair and unbiased manner.

On 17th February 2015, Justice Faisal Arab took oath as Chief Justice of the High Court of Sindh and after performing his duties as Chief Justice for about ten months, he was elevated as Judge of the Supreme Court of Pakistan on 14thDecember,2015.

MR. JUSTICE FaiSaL aRaB


Mr.JusticeIjazulAhsanwasbornon05.08.1960inMurree. He received his early education at Lahore. He was admitted to Forman Christian College, Lahore in 1975 from where he graduated in 1979 with a scholarship of merit.

HisLordshipjoinedthePunjabUniversityLawCollege,Lahore where he won various awards including a gold-medal for his academic achievements. He also secured atoppositionintheAllPakistanUniversitiesSummerMoot arranged by Higher Education Commission at KhanasPur,NathiaGali.

After completing his LL.B studies, he joined law practice and completed his apprenticeship in civil and criminal law. Thereafter, he proceeded to pursue post-graduatestudiesatCornellUniversityNewYork,USA.Hegraduatedin1987withaMaster’sDegreeinLaw(LL.M).

OnhisreturnfromUSA,hislordshipjoinedlawpractice with a reputable law firm of which he later became a partner. His law practice covered civil, banking, property, commercial and constitutional matters. He conducted a large number of cases before theHighCourtsaswellastheHon’bleSupremeCourtof Pakistan. He also conducted a number of local and international commercial arbitrations involving local as well as multinational parties.

His lordship attended a number of local and international conferences and professional training coursesincludingthoseorganizedbyAsianBarAssociation and the International Bar Association.

He was awarded chevening scholarship by the BritishCounciltostudycommerciallawintheUnitedKingdom.

HealsoreceivedafellowshipfromtheSouthWesternInstituteforInternationalStudiesatDallas,USAofwhich he is an alumni.

Whilepracticingasanadvocate,hetaughtcontractand commercial law for many years.

His lordship was elevated to the Bench on 15.09.2009. He was confirmed as a Judge of the Lahore High Court on11.05.2011.DuringhistenureasaJudgeoftheLahore High Court his lordship attended the following conferences:–

1. National Judicial Conference 2010 at Islamabad.2. NationalConferenceonADR(arrangedbyIFC)at

Pearl Continental Hotel, Lahore.3. International Judicial Conference, 2010 at

Islamabad.4. National Judicial Conference, 2011 at Islamabad.5. South Asia Conference on Environmental Justice at

Bhurban.

He represented the Lahore High Court in various conferences/studyvisitstotheUnitedStates,Chinaand Japan.

HewasInspectionJudgeforDistrictKasur,Gujranwalaand Lahore. He was appointed as the Chief Justice of Lahore High Court on 06.11.2015. His lordship was elevated as Judge, Supreme Court of Pakistan on 28.06.2016.

MR. JUSTICE iJaZ uL ahSan


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BorntoarespectablefamilyofMiankhel,(DeraIsmailKhan)on14.7.1957.

Education• Received his secondary education from B.I.S.E.

Peshawar in year 1973.• GraduatedfromtheGomalUniversityinyear1979.• ObtainedLawDegreefromGomalUniversity,DeraIsmailKhaninyear1982.

Professional Career• Enrolled as an Advocate of the Lower Courts in

year 1982. Enrolled as an Advocate of the High Court in year 1984,. Enrolled as an Advocate of Supreme Court of Pakistan in year 2003.

Activities at Bar• RemainedasVicePresidentandSecretary,DistrictBarAssociationD.I.Khan.

• Remained as Vice President and Secretary High CourtBarAssociation,D.I.KhanBench.

• AlsoremainedMemberofN.W.F.P.BarCouncil,sessions 1999 to 2003 and 2004 to 2009.

• From the year 1998 to 2000, remained as visitingpart-timeLecturerinLawCollege,GomalUniversity,D.I.Khan.

• RemainedLegalAdvisorofdifferentFirms/Institutions and Banks.

Judicial Career• Elevated to the Bench as Additional Judge on

07.9.2009.• Elevated as permanent Judge of the Peshawar High

Court on 05.9.2011.

Appointments• Remained as Member Syndicate of Sarhad University.

• WorkedasChairmanElectionTribunalandCompanies Judge.

• WorkedasChairmanEnrolmentCommitteeoftheProvincialBarCouncil,KhyberPakhtunkhwaat

Mingora Bench.• WorkedasChairman,KhyberPakhtunkhwaJudicial

Academy.• RemainedasMember,BoardofGovernors,Federal

Judicial Academy.• WorkedasChairmanofAdministrationCommittee

of Peshawar High Court.• WorkedasAuthoritytoconductproceedingsunder

the provisions of the Investigation for Fair Trial Act, 2013.

• WorkedasChairman,CommitteeforpurchaseofPhysical assets for High Court.

• WorkedasAdministrativeJudgetoLiaisononConstructionWork.

• WorkedasPresident,RuleCommittee.• WorkedasAdministrativeJudgetoLiaisonthe

issues of Ministerial Staff of the High Court.• WorkedasPresident,SpecialCourtfortrialof

offence of High Treason under the High Court Treason(Punishment)Act,1973.

• Remained as Member, Supreme Judicial Council.

Interests• Throughouthiscareer,theHon’bleJudgetook

keen interest in administration of justice and Rule of Law.

As Chief Justice Peshawar High Court• Took oath as Chief Justice of Peshawar High Court

on 8th April, 2014 and graced the Chair upto 29thDecember,2016.

Supreme Court of Pakistan• OnhiselevationtotheApexCourtoftheCountry,

took oath as Judge of the Supreme Court of Pakistan on 30.12.2016.

Appointments in Supreme Court of Pakistan• MemberontheSelectionBoardofQuaid-i-

AzamUniversity,Islamabad.• Monitoring-Judge,ATCCourts,Khyber

Pakhtunkhwa.

MR. JUSTICE MaZhaR aLaM Khan MianKheL


Date of Birth:

14thAugust1957atKarachi.

Academic Qualification:

After receiving earlier education in different parts ofthecountrydidhisgraduationfromGovernmentIslamiaCollegeKarachiwhereafterobtaineddegreesof Bachelors of Law in 1984 and Masters in Law in 1988fromS.M.LawCollegeKarachi.

Experience:

Entered the Legal Profession in the year 1985. Practiced at bar for 20 years and during this period representedGovernmentofPakistaninmanyimportant cases before the Supreme Court and the High Courts, conducted cases on behalf of various Financial Institutions. Remained as Honorary Lecturer inS.M.LawCollegeKarachifrom1995tillelevationto the Bench. Appointed as Standing Council for GovernmentofPakistanintheyear2002andthereafterasDeputyAttorneyGeneralforGovernmentof Pakistan in the year 2004.

Elevated to the Bench of Sindh High Court on 24th October, 2005. Remained Administrative Judge, ChairmanDevelopmentCommittee,MemberAdministration Committee, Administrative Judge for A.T.C.Sindh,MemberBoardofGovernorsforLawCollegesaswellasAghaKhanFoundationandoneofthefoundingMembersofZulfiqarAliBhuttoUniversityof Law. Appointed as Chief Justice of the Province of Sindh on 14thDecember,2015.AppointedasJudge,Supreme Court of Pakistan on 15th March, 2017.

MR. JUSTICE SaJJad aLi Shah


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Justice Syed Mansoor Ali Shah was elevated as Judge, Supreme Court of Pakistan on 7th February, 2018. Earlier, he served as a Judge of the Lahore High Court from 2009 to 2016 and as its Chief Justice from June, 2016 to February, 2018. He has authored several judgments on constitutional law, human rights, disability law, administrative law, climate justice and environmental sustainability. He takes keen interest in judicial and administrative reforms and spearheaded AlternateDisputeResolutionCenters(ADR),Criminaland Civil Model Courts, case management and court automation systems at the Lahore High Court and in theDistrictJudiciaryinPunjab.

He helped re-engineer Punjab Judicial Academy in order to improve judicial training and capacity building for the judiciary and the ministerial staff. He lays special emphasis on research and played a foundational role in setting up the Lahore High Court ResearchCentre(LHCRC).

JusticeShahhasaMastersinLawfromUniversityofCambridge,UKandaMastersinEconomicsfromtheUniversityofthePunjab,Pakistan.HeisanaccreditedmediatorfromCEDR,London.HeisanHonoraryBencherofLincoln’sInnandamemberoftheGlobalJudicialInstituteonEnvironment(GJIE).

MR. JUSTICE Syed ManSooR aLi Shah


Name: Munib Akhtar

DateofBirth: 14.12.1963

EducationalQualifications: ‘O’and‘A’Levels:1979,1981;AitchisonCollege,Lahore BA.,GovernmentCollegeLahore(1983)B.A.,PrincetonUniversity,

USA(1986)LL.B,PunjabUniversityLawCollege(1989)

EnrollmentasAdvocate: Advocate,SubordinateCourts,1990 Advocate, High Court, 1992 Advocate, Supreme Court, 2009

Practice: SupremeCourt,HighCourts,principalpracticeatHighCourtofSindh

AreasofPractice: Civilpractice,focusingoncommercial,corporate,arbitrationandtaxationmatters

TeachingExperience: TaughtlawforoneyearatHamdardUniversityLawSchool (courseonHumanRights)

Elevation: AppointedAdditionalJudge,HighCourt,2009 Confirmed:2011

Judicialexperience: HavesatonBenchesonOriginalSideandAppellateSideinallareasincluding:civil,corporate,criminal,tax,labor/service,etc.atPrincipalSeat and at Sukkur and Hyderabad.

Administrativeexperience: Chairman and/or member of various committees, including: CivilRules Committee, I.T. Committee, Judicial Studies Board, Promotion Committee, Procurement Committee. Monitoring Judge in various situations.

NominatedPosition: Chairman/memberBoardofGovernors,IBA,2009-present

ElevationtoSupremeCourt: 08.05.2018

MR. JUSTICE MuniB aKhtaR


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Mr.JusticeYahyaAfridiwasborninDeraIsmailKhanon 23rdJanuary1965.HebelongstotheAdamKhelsectionoftheAfriditribelocatedintheKohatFrontierRegion and is a resident of Village Babari Banda, DistrictKohat.Hebelongstoafamilysteepedinatradition of public service.

His Lordship received his early education at Aitchison College, Lahore. He went on to earn his Bachelor of Arts in Political Science and Economics from GovernmentCollegeLahoreandlaterobtainedhisMasters of Arts degree in Economics from Punjab University,Lahore.

After being awarded a Commonwealth Scholarship, Justice Afridi completed his LL.M. from Jesus College attheUniversityofCambridge.Hewassubsequentlyselected for a scholarship program for Young Commonwealth Lawyers at the Institute of Legal Studies in London.

HisLordshipinternedatFox&Gibbons,Solicitors,inLondon, before returning to Pakistan where he joined Orr,Dignam&Co.inKarachiasanAssociate.Hewent on to start his private practice in Peshawar and lecturedatKhyberLawCollege,UniversityofPeshawarwhere he taught International Law, Labour Law and Administrative Law.

His Lordship was enrolled as an advocate of the High Court in 1990 and as an advocate of the Supreme Court in 2004. He served as an Assistant Advocate GeneralfortheprovinceofKhyberPakhtunkhwaandasaFederalCounselfortheGovernmentofPakistanwhile in practice.

His Lordship was elevated to the Bench of the Peshawar High Court as Additional Judge in 2010 and was confirmed as a Judge of the Peshawar High Court on 15th March 2012.

Justice Afridi became the first judge from the Federally Administered Tribal Area to assume the office of the Chief Justice of the Peshawar High Court when he took oath on 30thDecember2016.Heservedinthatoffice until his elevation as a Judge of the Supreme Court of Pakistan on 28th June 2018.

MR. JUSTICE yahya aFRidi


Born on 26th of March 1957 at Chakwal; completed earlyeducationfromGovernmentHighSchoolandGovernmentDegreeCollegeChakwal;obtainedalawdegreefromtheUniversityLawCollegeintheyear1980; enrolled as Advocate in 1981 whereafter joined aDoctoralPrograminPublicInternationalLawattheUniversityofAmsterdamandcompletedcollateralprogramsinInternationalLaw&InternationalRelationsin the Institute of Social Studies, The Hague in the year 1985; started law practice in the year 1986; remained member of visiting faculty of International Islamic UniversityIslamabadfrom1986to1991;enrolledasAdvocate Supreme Court of Pakistan in the year 1997, servedasAdditionalAdvocateGeneralfortheProvinceof Punjab from September 2007 to June 2009; remained Member Punjab Bar Council from 2000 to 2004; elevated as Judge Lahore High Court on 7-11-2014 and took oath of office as Judge Supreme Court of Pakistan on 24-4-2019.

MR. JUSTICE QaZi MuhaMMad aMin ahMed


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ACADEMIC QUALIFICATIONS

1. Ph.D.(IslamicStudies),IslamiaUniversity,Bahawalpur, DoctoralDissertation:Socio-Political Thought of Shah Wali Allah.

2. M.A.Arabic,UniversityofthePunjab,Lahore.3. Fazil-i-Arabi(Hons.)i.e.HonoursDegreeinArabic

and Islamic Studies.4. Fazil-i-Dars-i-Nizami,i.e.GraduateDegreefroma

traditional Madrasah, awarded after completing an 8-year programme.

5. CertificateinFrenchLanguageandCivilization(upto 5thdegree),fromAllianceFranciase,Islamabad.

6. Hafiz-i- Quran, i.e.committedtheentireQur’anto memory in accordance with the principles of recitation.

POSITION HELD

• Hon’blead-hoc Member, Shariat Appellate Bench, Supreme Court of Pakistan, since 25th March 2010.

• Member,InternationalBoardofExperts,CentreforMuslimContributiontoCivilization,Doha,Qatar,sinceFebruary2014.

• Professor and Head of Islamic Thought, CivilizationandSocialSciencesUnit,IslamicResearch Institute, International Islamic University,IslamabadfromFebruary1999toMarch 2007.

• ProfessorandHead,QuranicStudiesDepartmentsince March 2007.

• Associate Professor and Head Islamic Social SciencesUnit,IslamicResearchInstitute,InternationalIslamicUniversity,Islamabad(March1995toFeb.1999).

• Associate Professor, International Islamic University,KualaLumpur,Malaysia(July1991-June1993).

• Assistant Professor, Islamic Research Institute, InternationalIslamicUniversity,Islamabad(1985-1991–1993-1995).

• AssistantProfessor,DepartmentofArabiclanguage and literature, International Islamic University,Islamabad(October1981-April1985).

• Editor, Al-Dirasat al-Islamiyyah, a quarterly and refereed research journal of Islamic Research Institutepublishedsince1965inArabic(1987to-date).

• Associate Editor, Integrated Encyclopedia of the Quran(2007-2010).

• Senior Research Officer, Council of Islamic Ideology,GovernmentofPakistan(fromJuly1979toOctober1981).

• Taught Virtual Courses of Arabic language from Pakistan Television sponsored by Allama Iqbal OpenUniversity(1978-79),underthetitle:al-lisan al-Arabi.

dR. MuhaMMad aL-ghaZaLiHon’ble Ad-hoc Member, Shariat Appellate Bench, Supreme Court of Pakistan

3.3 Profiles of Ad-hoc Members Shariat Appellate Bench


M.A.(Goldmedalist,Punjab1962),M.A.,Ph.D.(1973)McGillUniversity,CanadahasformerlyheldthefollowingpositionsinPakistanandabroad:DirectorGeneral,IslamicResearchInstitute,InternationalIslamicUniversity,Islamabad;Chairman,CouncilofIslamicIdeology,GovernmentofPakistan,Islamabad;Professor,IslamicLaw,LeidenUniversity,theNetherlandsandAcademicDirectorofISIM,Leiden;Senior Lecturer, Centre for Islamic Legal Studies, AhmaduBelloUniversity,Zaria,Nigeria.

DistinguishedProfessor,FacultyofLaw,InternationalIslamicUniversity,KualaLumpur,Malaysia,andVisitingProfessor, Collège de France, Paris. HehaspublishedextensivelyonIslamiclaw,contemporary issues, and on trends in the Muslim societies.Someofhispublicationsare:Shatibi’s Philosophy of Islamic Law(1995),Iqbal’s Reconstruction of Ijtihad(1995),Islamic Legal Interpretation: The

Muftis and their Fatwas, Co-edited with Brinkley MessickandDavidPowers(Harvard,1996),(EditedVolume)Islamic Laws and Women in the Modern World(1996),(EditedVolume)Travelers in Faith, Studies on Tablighi Jama’at(Brill,Leiden2000),Mafahim-i Qur’an,UrduTranslationofT.Izutsu’sEthical Terms in the Qur’an(2005),Dispensing Justice in Islam, Qadis and Their Judgments,Co-editedwithDavidS.PowersandRuudPeters(Brill,2006),(EditedVolume)Athharwin Sadi Isawi men Barri Saghir men Islami Fikr ke RahnumainUrdu(IRI,2008),andIslam and Modernity, an Introduction to key issues and debates, co-edited with Armando Salvatore and Martin van Bruinessen (UniversityofEdinburghPress,2009),Nuqushe Tagore(TranslationofTagore’sFire Flies,2012),Shari’a Today: Essays on Contemporary Issues and Debates in Muslim Societies(IqbalInstituteforResearchandDialogue,2013)andUmmat Muslima dahshatgardi ke gradab men(Narrative2015).

dR. MuhaMMad KhaLid MaSudHon’ble Ad-hoc Member, Shariat Appellate Bench,Supreme Court of Pakistan


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3.4 Judges Retired during June 2018 to May 2019

MR. JUSTICE MIAN SAQIB NISAR

Judge, Supreme Court of Pakistan(18.02.2010–30.12.2016)

Chief Justice of Pakistan(31.12.2016–17.01.2019)



SUPREME COURT OF PAKISTAN4

SuPReMe CouRt oF PaKiStan

CHAPTER 4

The Constitution of Pakistan, 1973 provides for Parliamentary system of governance whereby the separation of powers between organs of state i.e Legislature,ExecutiveandJudiciary isassuredthrougha scheme of checks and balances. The Constitution is supreme and all the organs have to remain within theirsphere.The legislaturemakes law.Theexecutiveexecutes the law. The judiciary is entrusted withthe responsibility to interpret the law and to ensure harmony and balance between the three pillars of the state. The Constitution envisages that the state shall ensureinexpensiveandexpeditiousjusticeandprovidesfor independence of judiciary.

The Constitution provides for the establishment of Supreme Court of Pakistan. It is the highest appellate court of the country and the court of last resort. It is the finalarbiterofthelawandtheConstitution.Itsorders/decisions are binding on all other courts in the country. All executiveand judicial authorities arebound toactin aid of the Supreme Court. The Constitution contains elaborate provisions on the composition, jurisdiction, powers and functions of the Court. It also provides qualifications for and mode of appointment of judges, their age of retirement, grounds and procedure for their removal from office and other terms and conditions of service. As guardian of the Constitution, the Court is required to preserve, protect and defend this basic document. The Supreme Court exercises original, appellate,advisory and review jurisdiction. It possesses exclusive original jurisdiction for the settlement ofinter-governmental disputes between Federal and Provincial Government(s) or Provincial Governmentsinterse.Underthis jurisdiction,theCourtpronouncesdeclaratory judgments. The Supreme Court can also exercise original jurisdiction, with respect to theenforcement of fundamental rights, if the case involves anissueofpublicimportance.TheCourtalsoexercisesadvisory jurisdiction, where under the President may obtain its opinion on a question of law. Under itsappellate jurisdiction, the Court entertains appeals against orders and decisions of High Courts and other specialcourts/tribunals.

The Supreme Court was first created under the Constitution of 1956. It succeeded the Federal Court, set up in 1948, which was successor to the Federal Court of India, established in 1937. Since its creation in 1956, the Supreme Court has retained its name and jurisdiction through the successive legal instruments including the Constitution of 1973.

The Supreme Court of Pakistan consists of the Chief Justice and 16 Judges. The permanent seat of the Court is at Islamabad, but the Court also sits, from time to time, attheprovincialheadquarters;namely,Lahore,Karachi,PeshawarandQuetta.TheConstitution stipulates thequalifications of Judges of the Supreme Court. Such qualificationsare:tobeacitizenofPakistanandhaving5yearsexperienceasJudgeofaHighCourtor15yearspractice as Advocate High Court.

The Chief Justice and the Judges of the Supreme Court of Pakistan are appointed by the President on the nomination of Judicial Commission of Pakistan and approval of the Parliamentary Committee. A Judge holds office until attaining the age of 65 years, unless he resigns earlier or is removed from office, in accordance with the Constitution.

No Judge can be removed from office except ongrounds specified by the Constitution; namely, “physical or mental incapacity”, or “misconduct”, to be determined by the Supreme Judicial Council.

The Constitution provides for the “independence of judiciary” and its “separation from the executive.”Consequently, there prevails in the country, full institutional and decisional judicial independence. The Supreme Court and High Courts also possess a degree of financial autonomy in as much as the concerned Chief Justiceisauthorizedtore-appropriatefundswithinthebudgetary allocations.


4.1 Introduction


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4.2 Seat of Supreme Court

4.3 Branch Registries

The Constitution of 1956 under Article 155 provided that the Supreme Court shall sit in Karachi and atsuch other places as the Chief Justice of Pakistan may, with the approval of the President, from time to time appoint. It was also provided therein that the court shallsit inDaccaatleasttwiceayear,forsuchperiodas the Chief Justice of Pakistan may deem necessary. Similarly, under Article 56 of the Constitution of 1962, it was provided that the permanent seat of the Supreme Court shall be at Islamabad, with sitting of the Court at Daccatwiceayear.ItwasalsoprovidedthereinthattheCourt may sit from time to time at such other places as the Chief Justice of Pakistan with the approval of the President may appoint. However, it was provided in the Constitution that until provision is made for establishing the Supreme Court at Islamabad the seat of the Court shall be at such place as the President may appoint.

UnderArticle183of theConstitutionof1973, ithasbeen provided that the permanent seat of the Supreme Court shall be at Islamabad and it may sit at such other places as the Chief Justice of Pakistan, with approval of the President may appoint. However, until provision is made for establishing the Court at Islamabad, the seat of the Court shall be at such place as the President may appoint. The Main Registry of the Court remained at

Lahore in a borrowed wing of the Lahore High Court building for a period extending a little over 25years,from October, 1949 to November, 1974, after which the Main Registry was moved to Rawalpindi and housed in what was then called “East Pakistan House”. The Main Registry was moved to the Supreme Court Building at Islamabad in 1993.

The present building is a majestic addition on the Constitution Avenue in the Federal Capital. Its white marbled façade depicts the strength of the institution to uphold the principles of rule of law and constitutionalism in the country. The open book front elevation reflects a unique synthesis of Islamic and Japanese architectural tradition emphasizing the importance of education,transparency and equality before law as avowed objectives of the judicial organ of the State of Pakistan. The Court also has branch registries at each of the four provincial capitals. Cases are filed at principal seat and/orbranch registries.Benchesof theCourt rotatebetween the principal seat and branch registries to disposeofcases.Withextensionof jurisdictionoftheCourt, it is a great relief to the litigants to have easy and convenient access to justice, closer to their home towns.

On 25thNovember,1974Karachi,LahoreandPeshawarwere appointed to be the places where a Bench of the Supreme Court of Pakistan may sit for two years. On 22nd January, 1976, HCJ was pleased to direct that petitions for special leave to appeal from the judgments and orders of the respective High Courts would be received and entertained in the Branch Registries at Lahore, PeshawarandKarachitill31st March, 1976 and that the petitions filed in the Branch Registries thereafter would be registered and disposed of at Rawalpindi.

It was notified on 6th February, 1976 that the petitions for special leave to appeal would continue to be received and entertained in the Branch Registries till the commencement of the long vacation of 1976. In March, 1976 it was decided that petitions for leave to appeal may be received and entertained at Branch Registries till 31.12.1976 and that Judges may visit these stations

after 31.12.1976 till the petitions filed upto 31.12.1976 are disposed of. On 31stDecember, 1976, the circuitsystem and registration of petitions for leave to appeal atBranchRegistrieswereextendeduptothe30th June, 1977.

In January, 1977 it was decided that the Court may sit atKarachi,LahoreandPeshawarforthedisposalofthepetitions filed after 31stDecember,1976foraperiodof three years. In November, 1977 it was decided that theSupremeCourtmaysitatKarachi,Lahore,PeshawarandQuetta.

Today, the Court with its Principal Seat at Islamabad has Branch Registries at all the four provincial capitals. TheBranchRegistriesatLahore,Karachi,PeshawarandQuettahavebeenestablished for the convenienceofthe public and for providing justice at the doorstep.


4.4 Composition of the Supreme Court: June 2018 - May 2019

The Chief Justice of Pakistan

Name Date of Birth Date of Elevation Date of Retirement

Mr.JusticeAsifSaeedKhanKhosa 21.12.1954 18.02.2010(asJudge)18.01.2019(asHCJP) 20.12.2019

The Judges of the Supreme Court*

Name Date of Birth Date of Elevation

Date of Retirement

Mr.JusticeGulzarAhmed 02.02.1957 17.11.2011 01.02.2022

Mr.JusticeSh.AzmatSaeed 28-08-1954 01.06.2012 27-08-2019

Mr. Justice Mushir Alam 18-08-1956 20-09-2013 17-08-2021

Mr.JusticeUmarAtaBandial 17.09.1958 17.06.2014 16.09.2023

Mr.JusticeQaziFaezIsa 26.10.1959 05.09.2014 25.10.2024

Mr. Justice Maqbool Baqar 05.04.1957 17.02.2015 04.04.2022

Mr.JusticeManzoorAhmadMalik 01.05.1956 06.11.2015 30.04.2021

Mr. Justice Sardar Tariq Masood 11.03.1959 06.11.2015 10.03.2024

Mr. Justice Faisal Arab 05.11.1955 14.12.2015 04.11.2020

Mr.JusticeIjazUlAhsan 05.08.1960 28.06.2016 04.08.2025

Mr.JusticeMazharAlamKhanMiankhel 14.07.1957 30.12.2016 13.07.2022

Mr. Justice Sajjad Ali Shah 14.08.1957 15.03.2017 13.08.2022

Mr. Justice Syed Mansoor Ali Shah 28.11.1962 07.02.2018 27.11.2027

Mr. Justice Munib Akhtar 14.12.1963 08.05.2018 13.12.2028

Mr. Justice Yahya Afridi 23.01.1965 28.06.2018 22.01.2030

Mr.JusticeQaziMuhammadAminAhmed 26.03.1957 24.04.2019 25.03.2022

*as on 31st May 2019

Ad hoc Members, Shariat Appellate Bench

Name Date of Appointment

Dr.MuhammadAl-Ghazali 25.03.2010

Dr.MuhammadKhalidMasud 01.11.2012

Registrar

Name Date of posting in Supreme Court

Mr. Arbab Muhammad Arif 26.01.2016


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4.5 Jurisdiction of the Supreme Court

The Constitution of Islamic Republic of Pakistan, 1973 provides the following jurisdictions and powers to the SupremeCourtofPakistan:

Original JurisdictionArticle 184. (1) TheSupremeCourtshall,totheexclusionofeveryothercourt,haveoriginaljurisdictioninanydisputebetweenanytwoormoreGovernments.

Explanation.–Inthisclause,“Governments”meanstheFederalGovernmentandtheProvincialGovernments.

(2) Intheexerciseofthisjurisdictionconferredonitbyclause(1),theSupremeCourtshallpronounce declaratory judgments only.

(3) WithoutprejudicetotheprovisionsofArticle199,theSupremeCourtshall,ifitconsidersthat a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the power to make an order of the nature mentioned in the said Article.

Appellate JurisdictionArticle 185. (1) SubjecttothisArticle, theSupremeCourtshallhave jurisdictiontohearanddetermine appeals from judgments, decrees, final orders or sentences of a High Court.

(2) An appeal shall lie to the Supreme Court from any judgment, decree, final order orsentence of a High Court-

(a) if theHighCourthasonappeal reversedanorderofacquittalofanaccusedpersonand sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has enhanced a sentence to a sentence as aforesaid; or

(b) iftheHighCourthaswithdrawnfortrialbeforeitselfanycasefromanycourtsubordinateto it and has in such trial convicted the accused person and sentenced him as aforesaid; or

(c) iftheHighCourthasimposedanypunishmentonanypersonforcontemptoftheHighCourt; or

(d) iftheamountorvalueofthesubject-matterofthedisputeinthecourtoffirstinstancewas, and also in dispute in appeal is, not less than fifty thousand rupees or such other sumasmaybespecifiedinthatbehalfbyActof[Majlis-e-Shoora(Parliament)]andthejudgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or

(e) ifthejudgment,decreeorfinalorderinvolvesdirectlyorindirectlysomeclaimorquestionrespecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or

(f) iftheHighCourtcertifiesthatthecaseinvolvesasubstantialquestionoflawastotheinterpretation of the Constitution.

(3) AnappealtotheSupremeCourtfromajudgment,decree,orderorsentenceofaHighCourtinacasetowhichclause(2)doesnotapplyshalllieonlyiftheSupremeCourtgrantsleavetoappeal.

Advisory jurisdictionArticle 186.(1) If,atanytime,thePresidentconsidersthatit isdesirabletoobtaintheopinionoftheSupreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.

(2) TheSupremeCourtshallconsideraquestionsoreferredandreportitsopiniononthequestion to the President.


Power to Transfer Cases [Article 186A. TheSupremeCourtmay, if it considers it expedient todo so in the interestof justice,transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]

Issue and execution of processes of the Supreme Court Article 187. (1) [Subjecttoclause(2)ofArticle175,the]SupremeCourtshallhavepowertoissuesuchdirections, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for purpose of securing the attendance of any person or the discovery or production of any document.

(2) Anysuchdirection,orderordecreeshallbeenforceablethroughoutPakistanandshall,whereitistobeexecutedinaProvince,oraterritoryoranareanotformingpartofaProvincebutwithinthejurisdictionoftheHighCourtoftheProvince,beexecutedasifithadbeenissuedbytheHighCourtof that Province.

(3) IfaquestionarisesastowhichHighCourtshallgiveeffecttoadirection,orderordecreeof the Supreme Court, the decision of the Supreme Court on the question shall be final.

Review of Judgments or Orders by the Supreme Court Article 188. The Supreme Court shall have power, subject to the provisions of any Act of [Majlis-e-Shoora(Parliament)]andofanyrulesmadebytheSupremeCourt,toreviewanyjudgmentpronouncedorany order made by it.

Decision of the Supreme Court binding on other courts Article 189. AnydecisionoftheSupremeCourtshall,totheextentthatitdecidesaquestionoflawor is based upon or enunciates a principle of law, be binding on all other courts in Pakistan.

Action in aid of the Supreme CourtArticle 190. AllexecutiveandjudicialauthoritiesthroughoutPakistanshallactinaidoftheSupremeCourt.

Rules of Procedure Article 191. Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.

Appeal to the Supreme Court against the decision of Federal Shariat CourtArticle 203F. (1) AnypartytoanyproceedingsbeforetheCourtunderArticle203DaggrievedbythefinaldecisionoftheCourtinsuchproceedingsmay,withinsixtydaysofsuchdecision,preferanappealtotheSupremeCourt[:]

[ProvidedthatanappealonbehalfoftheFederationorofaProvincemaybepreferredwithinsixmonths of such decision.]

(2) Theprovisionsof clauses (2) and (3)ofArticle203Dandclauses (4) to (8)ofArticle203E shall apply to and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court.

[(2A.) AnappealshalllietotheSupremeCourtfromanyjudgment,finalorderorsentenceofthe Federal Shariat Court –

(a) iftheFederalShariatCourthasonappealreversedanorderofacquittalofanaccusedperson and sentenced him to death or imprisonment for life or imprisonment for a term exceedingfourteenyears;or,onrevision,hasenhancedasentenceasaforesaid;or

(b) iftheFederalShariatCourthasimposedanypunishmentonanypersonforcontemptofthe Court.


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(2B) AnappealtotheSupremeCourtfroma judgment,decision,orderorsentenceoftheFederal Shariat Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants leave to appeal.]

[(3) ForthepurposeoftheexerciseofthejurisdictionconferredbythisArticle,thereshallbeconstituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of-

(a) threeMuslimJudgesoftheSupremeCourt;and

(b) notmore than twoUlema to be appointed by the President to attend sittings of the Bench as ad-hoc members thereof from amongst the Judges of the Federal ShariatCourtorfromoutofapanelofUlematobedrawnupbythePresidentinconsultation with the Chief Justice.

(4) Apersonappointedunderparagraph(b)ofclause(3)shallholdofficeforsuchperiodasthe President may determine.

(5) Referenceinclauses(1)and(2)to“SupremeCourt”shallbeconstruedasareferencetothe Shariat Appellate Bench.

(6) While attending sittings of the Shariat Appellate Bench, a person appointed underparagraph(b)ofclause(3)shallhavethesamepowerandjurisdiction,andbeentitledtothesameprivileges,as a Judge of the Supreme Court and be paid such allowances as the President may determine.]

Contempt of Court

[Article 204. (1)InthisArticle,“Court”meanstheSupremeCourtoraHighCourt.

(2) ACourtshallhavepowertopunishanypersonwho-

a. abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;

b. scandalizesthecourtorotherwisedoesanythingwhichtendstobringtheCourtoraJudge of the Court into hatred, ridicule or contempt;

c. does anything which tends to prejudice the determination of a matter pending before the Court; or

d. does any other thing which, by law, constitutes contempt of the Court.

(3) TheexerciseofthepowerconferredonaCourtbythisArticlemayberegulatedbylawand, subject to law, by rules made by the Court.]

Administrative Courts and Tribunals

Article 212(3). An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal.


4.6 Procedure for the Appointment of Judges of the Supreme Court of Pakistan

The 18th and 19th amendments in the Constitution of Pakistan have changed the procedure for the appointment of judges in the superior courts i.e. Supreme Court, Federal Shariat Court and High Courts. These constitutional amendments provide for the establishment of Judicial Commission of Pakistan and the Parliamentary Committee. The Commission for the appointment of judges in Supreme Court of Pakistan consists of Chief Justice of Pakistan as Chairman, four senior most judges of the Supreme Court, one former Chief Justice or judge of the Supreme Court, nominated by the Chairman in consultation with the four member judges for a period of two years, the Attorney GeneralforPakistan,theFederalLawMinisterandasenioradvocate,SupremeCourt,nominatedbythePakistanBar Council for a period of two years.

The Parliamentary Committee consists of eight members and has equal representation from Treasury and Opposition Benches as well as of two Houses i.e. National Assembly and Senate. The Commission nominates a person for appointment as judge of Supreme Court by majority to Parliamentary Committee. The Committee may by majority, within fourteen days, confirm the nomination and send it to the Prime Minister who shall forward the same to the President for appointment. The Committee, for reasons to be recorded may not confirm the nomination by three-fourth majority of its total membership. The procedure for the appointment of judges in the Federal Shariat Court and High Court is the same with modest variation in composition of Judicial Commission. Prior to the said amendments the judges were appointed by the President after consultation with Chief Justice of Pakistan under Article 177.

4.7 Judicial Commission of Pakistan

Article175AoftheConstitutionofPakistan,1973:

(1) ThereshallbeaJudicialCommissionofPakistan,hereinafterinthisArticlereferredtoas the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.

(2) ForappointmentofJudgesoftheSupremeCourt,theCommissionshallconsistof-

(i) ChiefJusticeofPakistan; Chairman

(ii) [four] most senior Judges of the Supreme Court; Members

(iii) aformerChiefJusticeoraformerJudgeoftheSupremeCourtofPakistantobenominatedbytheChiefJusticeofPakistan,inconsultationwith the fourmember Judges, for a term of twoyears;

Member

(iv) FederalMinisterforLawandJustice; Member

(v) Attorney-GeneralforPakistan;and Member

(vi) a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years.

Member

(3) Nowithstandinganythingcontainedinclause(1)orclause(2),thePresidentshallappointthe most senior Judge of the Supreme Court as the Chief Justice of Pakistan.

(4) TheCommissionmaymakerulesregulatingitsprocedure.

(5) For appointment of Judges of aHigh Court, the Commission in clause (2) shall alsoincludethefollowingnamely:-

(i) Chief Justice of theHighCourt towhich the appointment isbeing made;

Member

(ii) the most senior Judge of that High Court; Member

(iii) Provincial Minster for Law; and Member

[(iv) an advocate having not less than fifteenyear practice in theHigh Court to be nominated by the concerned Bar Council for atermoftwoyears:]

Member


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[Provided that for appointment of the Chief Justice of a High Court the most SeniorJudgementionedinparagraph(ii)shallnotbememberoftheCommission: Provided further that if for any reason the Chief Justice of High Court is not available, he shall be substituted by a former Chief Justice or former Judge of that Court, to be nominated by the Chief Justice of Pakistan in consultation with the four member judgesoftheCommissionmentionedinparagraph(ii)ofclause(2).]

(6) ForappointmentofJudgesoftheIslamabadHighCourt,theCommissioninclause(2)shallalsoincludethefollowing,namely:-

(i) ChiefJusticeoftheIslamabadHighCourt;and

Member

(ii) themostseniorJudgeofthatHighCourt: Member

Provided that for the initial appointment of the [Chief Justice and the] Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be membersoftheCommission:

Provided further that subject to the foregoing proviso, in case of appointment of Chief JusticeofIslamabadHighCourt,theprovisostoclause(5)shall,mutatis mutandis, apply.

(7) ForappointmentofJudgesoftheFederalShariatCourt,theCommissioninclause(2)shall also include the Chief Justice of the Federal Shariat Court and the most senior Judge of that Court as itsmembers:

Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos, to clause(5)shall,mutatis mutandis, apply.

(8) TheCommissionbymajorityofitstotalmembershipshallnominatetotheParliamentaryCommittee one person, for each vacancy of a Judge in the Supreme Court, a High Court or the Federal Shariat Court, as the case may be.

(9) TheParliamentaryCommittee,hereinafterinthisArticlereferredtoastheCommittee,shallconsistofthefollowingeightmembers,namely:-

(i) four members from the Senate; and

(ii) fourmembersfromtheNationalAssembly:

[Provided that when the National Assembly is dissolved, the total membership of the Parliamentary Committee shall consist of the members from the Senate only mentioned inparagraph(i)andtheprovisionsofthisArticleshall,mutatis mutandis, apply.]

(10) OutoftheeightmembersoftheCommittee,fourshallbefromtheTreasuryBenches,two from each House and four from the Opposition Benches, two from each House. The nomination of members from the Treasury Benches shall be made by the Leader of the House and from the Opposition Benches by the Leader of the Opposition.

(11) Secretary,SenateshallactastheSecretaryoftheCommittee.

(12) The Committee on receipt of a nomination from the Commission may confirm thenominee by majority of its total membership within fourteen days, failing which the nomination shall be deemedtohavebeenconfirmed: [Provided that the Committee, for reasons to be recorded, may not confirm the nomination by three-fourthmajorityofitstotalmembershipwithinthesaidperiod:] [Provided further that if a nomination is not confirmed by the Committee it shall forward its decisionwithreasonssorecordedtotheCommissionthroughthePrimeMinster:

Provided further that if a nomination is not confirmed, the Commission shall send another nomination.]

[(13) TheCommitteeshallsendthenameofthenomineeconfirmedbyitordeemedtohavebeen confirmed to the Prime Minister who shall forward the same to the President for appointment.]


(14) NoactionordecisiontakenbytheCommissionoraCommitteeshallbeinvalidorcalledinquestiononlyonthegroundoftheexistenceofavacancythereinoroftheabsenceofanymemberfromany meeting thereof.

[(15) ThemeetingsoftheCommitteeshallbeheldincameraandtherecordofitsproceedingsshall be maintained.

(16) TheprovisionsofArticle68shallnotapplytotheproceedingsoftheCommittee.]

[(17)] TheCommitteemaymakerulesforregulatingitsprocedure.

4.8 Composition of the Judicial Commission of Pakistan Current composition of the Commission for appointment of Judges in the Supreme Court of Pakistan

Mr.JusticeAsifSaeedKhanKhosaChief Justice of Pakistan Chairman

Mr.JusticeGulzarAhmedSenior Puisne Judge, Supreme Court of Pakistan Member

Mr.JusticeSh.AzmatSaeedJudge, Supreme Court of Pakistan Member

Mr. Justice Mushir AlamJudge, Supreme Court of Pakistan Member

Mr.JusticeUmarAtaBandialJudge, Supreme Court of Pakistan Member

Mr.JusticeRajaFayyazAhmadFormer Judge, Supreme Court of Pakistan Member

Dr.MuhammadFaroghNaseemFederal Minister for Law and JusticeGovernmentofPakistan

Member

Mr.AnwarMansoorKhanAttorneyGeneralforPakistan Member

Mr. Muhammad Yousuf LaghariNominee of the Pakistan Bar Council Member

4.9 Judicial Commission of Pakistan Rules, 2010S.R.O.122(KE)/2010,dated6-11-2010.--Inexerciseofpowersconferredbyclause(4)ofArticle175A

of the Constitution of the Islamic Republic of Pakistan, the Judicial Commission of Pakistan is pleased to make the followingrules,namely:--

1. Short title and commencement. –(1)TheserulesmaybecalledtheJudicialCommissionofPakistanRules, 2010.

(2)Theserulesshallcomeintoforceatonce.

2. Definitions. –(1)Intheserules,unlessthecontextotherwiserequires,- (a)“Chairman”meansChairmanoftheCommission;

(b)“Commission”meanstheJudicialCommissionofPakistan,establishedunderArticle175Aofthe Constitution of the Islamic Republic of Pakistan;

(c)“Committee”meansaCommitteeconstitutedbytheChairmanfromamongstthemembersofthe Commission;

(d)“Member”meansamemberoftheCommission;and


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(e)“Secretary”meanstheRegistrarSupremeCourtoranyotherpersonauthorizedassuchbytheChairman.

3. Nominations for Appointments.--(1) Foreachanticipatedor actualvacancyof aJudge in theSupreme Court or the Chief Justice of Federal Shariat Court or the Chief Justice of a High Court, the Chief Justice of Pakistan shall initiate nominations in the Commission for appointment against such vacancy.

(2)ForeachanticipatedoractualvacancyofaJudgeintheFederalShariatCourtorJudgeintheHigh Court, the Chief Justice of the respective Court shall initiate and send nomination for appointment against such vacancy to the Chairman for convening meeting of the Commission.

4. The Chairman shall regulate the proceedings of the Commission.

5. Proceedings of the Commission.- (1)Whenever a nomination is received under Rule 3, theChairman shall call a meeting of the Commission on a date, time and place determined by him and notified by the Secretary to each member.

(2)TheCommissionmay call for any informationor record required by it fromanypersonorauthority for the purposes of carrying out its functions.

(3)TheSecretaryshallforwardthenominationsmadebytheCommissiontotheSecretaryoftheParliamentaryCommitteeconstitutedunderclause(9)ofArticle175AoftheConstitution.

(4)TheproceedingsoftheCommissionshallbeheldincamera.Arecordoftheproceedingsshallbe prepared and maintained by the Secretary duly certified by the Chairman under his hand.

6. The Chairman may constitute one or more committees of members for such purpose as may be deemed necessary.

7. A retired Chief Justice or retired Judge Supreme Court and a retired Chief Justice or a retired JudgeofHighCourt,whileattendingasessionoftheCommission,shallbeentitledtoTA/DAandaccommodationas admissible to Judge of Supreme Court, or Judge of High Court, as the case may be.

8. Relaxation of Rules.–Withoutprejudicetotheforegoing,theChairmanmayrelaxstrictapplicationof these rules in the public interest.

4.10 Oath of Office Before entering upon office, the Chief Justice of Pakistan makes an Oath before the President of Pakistan and Judges of the Supreme Court before the Chief Justice of Pakistan. The Chief Justice and Judges take Oath in the form set out in the third Schedule under Article 178. They undertake to discharge their duties honestly and faithfully in accordance with the Constitution and the law. In the same Oath, they also commit to abide by the code of conduct issued by the Supreme Judicial Council.

Chief Justice of Pakistan or of a High Court or Judge of the Supreme Court or a High Court.

[Articles 178 and 194]

(In the name of Allah, the most Beneficent, the most Merciful)

I, _________________________________, do solemnly swear that I will bear true faith and allegiancetoPakistan:

That,asChiefJusticeofPakistan(oraJudgeoftheSupremeCourtofPakistanorChiefJusticeoraJudgeoftheHighCourtfortheProvinceorProvincesof……..……………….),Iwilldischargemy duties, and perform my functions, honestly, to the best of my ability, and faithfully, in accordance withtheConstitutionoftheIslamicRepublicofPakistanandthelaw:

ThatIwillabidebythecodeofconductissuedbytheSupremeJudicialCouncil:


That I will not allow my personal interest to influence my official conduct or my official decisions:

ThatIwillpreserve,protectanddefendtheConstitutionoftheIslamicRepublicofPakistan:

And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will.

[MayAllahAlmightyhelpandguideme(A’meen).]

4.11 The Supreme Judicial Council of PakistanThe Constitution of the Islamic Republic of Pakistan, 1973, provides for a Supreme Judicial Council of Pakistan. The Council, consists of the Chief Justice, two most senior Judges of the Supreme Court and the two most senior Chief Justices of the High Courts. The Council is entrusted with two fold functions, the first is to hold enquiry into a charge of misconduct against a superior Court Judge or into the mental or physical incapacity of any such Judge on a reference by the President or on information received to the Council; the second is to issue a code of conduct for the observance by the judges of the Superior Courts

Article 209. Supreme Judicial Council:-(1) ThereshallbeaSupremeJudicialCouncilofPakistan,inthisChapterreferredtoastheCouncil.

(2) TheCouncilshallconsistof—(a) TheChiefJusticeofPakistan;(b) thetwonextmostseniorJudgesoftheSupremeCourt;and(c) thetwomostseniorChiefJusticesofHighCourts.

Explanation.—Forthepurposeofthisclause,theinterseseniorityoftheChiefJusticesoftheHigh Courts shall be determined with reference to their dates of appointment as Chief Justice otherwise than acting Chief Justice, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.

(3) IfatanytimetheCouncil is inquiring into thecapacityorconductofaJudgewho isamemberof theCounciloramemberoftheCouncilisabsentorisunabletoactduetoillnessoranyothercause,then—

(a) ifsuchmemberisaJudgeoftheSupremeCourt,theJudgeoftheSupremeCourtwhoisnextinsenioritybelowtheJudgesreferredtoinparagraph(b)ofclause(2),and

(b) ifsuchmemberistheChiefJusticeofaHighCourt,theChiefJusticeofanotherHighCourtwhoisnextinseniorityamongsttheChiefJusticesoftheremainingHighCourts,shall act as a member of the Council in his place.

(4) If,uponanymatterinquiredintobytheCouncil,thereisadifferenceofopinionamongstitsmembers,theopinionofthemajorityshallprevail,andthereportoftheCounciltothePresidentshallbeexpressedintermsoftheview of the majority.

[(5) If, on information from any source, theCouncil or thePresident is of the opinion that aJudge of theSupreme Court or of a High Court;

(a) maybeincapableofproperlyperformingthedutiesofhisofficebyreasonofphysicalormental incapacity; or

(b) mayhavebeenguiltyofmisconduct,

the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.]

(6) If,afterinquiringintothematter,theCouncilreportstothePresidentthatitisoftheopinion—

(a) thattheJudgeisincapableofperformingthedutiesofhisofficeorhasbeenguiltyofmisconduct, and

(b) thatheshouldberemovedfromoffice,

the President may remove the Judge from office.

(7) AJudgeoftheSupremeCourtorofaHighCourtshallnotberemovedfromofficeexceptasprovidedbythis Article.

(8) TheCouncilshallissueacodeofconducttobeobservedbyJudgesoftheSupremeCourtandoftheHighCourts.


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4.12 Code of Conduct for Judges of the Supreme Court and the High Courts


(Supreme Judicial Council)

NOTIFICATION

Islamabad, the 2nd September, 2009 No.F.SECRETARY-01/2009/SJC.— ln exercise of powers conferred by Article 209(8) of theConstitution of Islamic Republic of Pakistan, 1973, the Supreme Judicial Council in its meeting on 8th August,2009approvedtheadditionofanewArticleNo.XIintheCodeofConductforJudgesoftheSupremeCourtandHighCourtsandinitsmeetingon29thAugust,2009decidedtopublishthefulltextofamendedCodeofConductintheGazetteofPakistan(Extraordinary)forinformationofallconcernedasunder:-

Code of Conduct for Judges of the Supreme Court and High Courts(FramedbytheSupremeJudicialCouncilunderArticle128(4)ofthe1962ConstitutionasamendeduptodateunderArticle209(8)oftheConstitutionofIslamicRepublicofPakistan1973).

The prime duty of a Judge as an individual is to present before the public an image of justice of the nation. As a member of his court, that duty is brought within the disciplines appropriate to a corporate body.

TheConstitution,bydeclaringthatallauthorityexercisablebythepeopleisasacredtrustfromAlmightyAllah,makesitplainthatthejusticeofthisnationisofDivineorigin.Itconnotesfullimplementationofthehigh principles, which are woven into the Constitution, as well as the universal requirements of natural justice. The oath of a Judge implies complete submission to the Constitution and under the Constitution to the law. Subject to these governing obligations, his function of interpretation and application of the Constitution and the Law is to be discharged for the maintenance of the Rule of Law over the whole range of human activities within the nation.

To be a living embodiment of these powers, functions, and obligations calls for possession of the highest qualities of intellect and character. Equally, it imposes patterns of behavior, which are the hall-mark of distinction of a Judge among his fellow-men.

In this code, an attempt is made to indicate certain traditional requirements of behavior in the Judges of the Superior Courts, conducive to the achievement of a standard of justice worthy of the nation.

ARTICLE-I

On equiponderance stand the heavens and the earth. By equiponderance, oppression meaning unjust andunequalburdens is removed.TheJudge’stask is toensurethatsuchequalityshouldprevail inallthings.

ARTICLE–II

AJudgeshouldbeGod-fearing,law-abiding,abstemious,truthfuloftongue,wiseinopinion,cautiousandforbearing,blameless,anduntouchedbygreed.Whiledispensingjustice,heshouldbestrongwithoutbeing rough, polite without being weak, awe inspires in his warnings and faithful to his word, always preserving calmness, balance and complete detachment, for the formation of correct conclusions in all matters coming before him. In the matter of taking his seat and of rising from his seat, he shall be punctilious in point of time, mindful of the courtesies, careful to preserve the dignity of the Court, while maintaining an equal aspect towards all litigants as well as lawyers appearing before him.

ARTICLE - III

To be above reproach, and for this purpose to keep his conduct in all things, official and private, free fromimproprietyisexpectedofaJudge.

ARTICLE- IV

A Judge must decline resolutely to act in a case involving his own interest, including those of persons whom he regards and treats as near relatives or close friend.


A Judge must rigidly refrain from entering into or continuing any business dealing, howsoever unimportant it may be, with any party to a case before him. Should the dealing be unavoidable, he must discontinue his connection with the case forthwith. A judge must refuse to deal with any case in which he has a connection with one party or its lawyer more than the other, or even with both parties and their lawyers.

To ensure that justice is not only done, but is also seen to be done, a Judge must avoid all possibility of his opinion or action in any case being swayed by any consideration of personal advantage, either direct or indirect.

ARTICLE- V

Functioning as he does in full view of the public, a Judge gets thereby all the publicity that is good for him. He should not seek more. In particular, he should not engage in any public controversy, least of all on a political question, notwithstanding that it involves a question of law.

ARTICLE- VI

A Judge should endeavor to avoid, as far as possible, being involved, either on his own behalf or on behalf of others, in litigation or in matters which are liable to lead to litigation such as industry, trade or speculative transactions. To employ the influence of his position to gain undue advantage, whether immediate or future, is a grave fault.

A Judge must avoid incurring financial or other obligations to private institutions or persons such as may embarrass him in the performance of his functions.

ARTICLE- VII

Extra-Judicial duties or responsibilities, official or private, should be generally avoided. He shouldequallyavoidbeingacandidate,foranyelectiveofficeinanyorganizationwhatsoever.

ARTICLE- VIII

Giftsaretobereceivedonlyfromnearrelativesandclosefriends,andonlysuchasarecustomary.Everything in the way of favours in consequence of the office must be refused. In accepting any entertainment offered, whether general or particular, care should be taken that its real purpose does not conflictwithaJudge’sdutytomaintaindetachmentfromlikelylitigants,andfrompartisanactivity.

ARTICLE- IX

In his judicial work, and his relations with other Judges, a Judge should act always for the maintenance of harmony within his own Court, as well as among all Courts and for the integrity of the institution of justice.Disagreementwith theopinionofanyJudge,whetherofequalorof inferiorstatus, shouldinvariablybeexpressedintermsofcourtesyandrestraint.

ARTICLE- X

In his judicial work a Judge shall take all steps to decide cases within the shortest time, controlling effectivelyeffortsmadetopreventearlydisposalofcasesandmakeeveryendeavortominimizesufferingoflitigantsbydecidingcasesexpeditiouslythroughproperwrittenjudgments.AJudgewhoisunmindfulor indifferent towards this aspect of his duty is not faithful to his work, which is a grave fault.

ARTICLE- XI

No Judge of the superior judiciary shall render support in any manner whatsoever, including taking or administering oath in violation of the oath of office prescribed in the Third Schedule to the Constitution, to any authority that acquires power otherwise than through the modes envisaged by the Constitution of Pakistan.

By order of the Council,

DR.FAQIRHUSSAIN, Secretary.


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4.13 The Supreme Judicial Council Procedure of Inquiry, 2005

The 17th amendment to the Constitution brought a significant change in Article 209 of the Constitution. Prior to theamendment,theCouncilcouldprocessonlysuchmattersaswerereferredto itbythePresident.Undertheamended Article 209, the Council, besides a reference from the President, may, also on its own initiative, inquire into the conduct or capacity of a Judge of a Superior Court in Pakistan. To bring the forum more effective the Committee prepared a draft of the Supreme Judicial Council Procedure of Enquiry 2005, which was approved by the Council. It wasdulynotifiedandgazetted.Thus,theCouncilhasbecomefullyfunctionalandisentertainingcomplaintsaspertheprescribedprocedure.TheGazetteofPakistancontainingtheProcedureofEnquiryreadsasfollows:-

THE GAZETTE OF PAKISTANExtraordinary,Karachi,November29,2005

PART IIISUPREME COURT OF PAKISTAN

[SUPREMEJUDICIALCOUNCIL]

NOTIFICATION

Islamabad, the 22nd November, 2005

No.P.Reg.113/2005-SJC.— (SUPREME JUDICIAL COUNCIL PROCEDURE OF ENQUIRY 2005). Pursuant to the decision taken by the Supreme Judicial Council, in its meeting on 24th September 2005, the Supreme Judicial Council is pleased to lay down the following procedure for effective performance of functions vested in it under Article 209 of the Constitution of Islamic Republic of Pakistan.

1. Title and application;

(1)Theprocedureofenquiryshallbecalled“TheSupremeJudicialCouncilProcedureofEnquiry2005”.

(2)ItshallonlyapplytotheSupremeJudicialCouncilanditsproceedings.

2. Scope;

The Procedure shall provide for effective implementation of Article 209 of the Constitution and regulate all inquiries required to be undertaken and all other matters which need to be addressed there-under.

3. Definitions;

Inthepresentprocedure,unlessthecontextprovidesotherwise,thefollowingexpressionsusedintheprocedure will have the meanings as assigned to them hereunder;

(a) “Any matter”, includes all matters and facts associated with the enquiry that the Council may carry out.

(b) “Any other source”, includes all sources through which information is received in respect of the conduct of a Judge.

(c) “Code of conduct”, means the code of conduct issued by the Supreme Judicial Council in termsofArticle209(8)oftheConstitutionofIslamicRepublicofPakistan.

(d) “Chairman”, means and includes the Chief Justice of Pakistan.

(e) “Incapacity”, will include all forms of physical or mental incapacity howsoever described or narrated, which render the Judge incapable of performing the duties of his office.

(f) “Conduct”, will include series of facts associated with the matter being inquired into by the Council, including the facts which are attributed to the person of the Judge.

(g) “Guilty”, will include arriving at an opinion by the Council that a Judge has been guilty of misconduct.

(h) “Opinion”, will include arriving at a conclusion by the Council, that misconduct has or has not taken place.


(i) “Information”, includes any material, facts, documentation, photographs, video or audio tapes, affidavits, letters or any other reasonable evidence that has come to the knowledge of any Member of the Council or the Council itself sufficient to initiate an enquiry.

(j) “Enquiry”, means the consideration of any matter, in relation to conduct of a Judge, by the Council, or any Member of the Council.

(k) “Member”, means Member of the Supreme Judicial Council.

(l) “Misconduct”, includes,

(i)conductunbecomingofaJudge,

(ii)isindisregardoftheCodeofConductissuedunderArticle209(8)oftheConstitutionof Islamic Republic of Pakistan,

(iii)isfoundtobeinefficientorhasceasedtobeefficient.

(m) “Report of the Council”, includes the findings of the enquiry proceedings carried out by the Council including recommendations for the President of Pakistan for removal of the Judge or otherwise.

(n) “Secretary”, means the Registrar, Supreme Court or any person appointed by the Council.

(o) “Supreme Judicial Council”, means the Supreme Judicial Council as constituted by Article 209 of the Constitution of Islamic Republic of Pakistan.

4. The Headquarters of the Council shall be at Islamabad, but the Council may hold its meeting or enquiry into reference or a complaint at any other place in Pakistan, as the Chairman may deem convenient.

5. Receiving of Information.—(1)AnymemberofpublicmaybringtothenoticeoftheCounciloranyof its Members or the Secretary, information alleging incapacity or misconduct of a Judge.

(2) The allegation may be supported by material which is sufficient in the opinion of the Council tocommence enquiry.

(3)Thepersonprovidingthesaidinformationshallidentifyhimselfproperly.

(4)The informationmaybe received throughanymodeby theCouncil or anyMemberof theCouncil,without being restricted to any of the following sources such as;

(a)Printorelectronicmedia;

(b)WrittenComplaint.

(5) Informationreceivedundersub-para(4)shallbeenteredintheRegistermaintainedbytheSecretary.

6. Cognizance by the Council.—Withoutprejudicetothegeneralrequirementofreceivinginformationin the manner provided for above, nothing in this Procedure shall be read to curtail or limit the jurisdiction of the Council to initiate an enquiry against a Judge.

7. Procedure for scrutinizing information.—(1)Onceanyinformation inrespectofenquiry intotheconduct of a Judge is received by any Member or the Council, it shall be presented to the Chairman of the Council, who; shall

(a) referthesametoanyMemberoftheCounciltolookintothesaidinformation;andtoexpresshis opinion in relation to sufficiency or otherwise of the information.

(b) iftheCouncilissatisfiedthattheinformationprimafaciedisclosessufficientmaterialforanenquiry, it shall proceed to consider the same.

(2) TheMember, to whom the Chairman has referred the information, will examine the same andascertain if the information so received discloses specific particulars of misconduct, and provides factual details necessary to form prima facie opinion in respect of the guilt of the Judge.

(3) IftheMemberformsanopinionthattheinformationdoesrevealsufficientmaterialtocommenceenquiry, he shall inform the Council accordingly and the information shall be placed before the Council.

(4) IftheMembercomestoaconclusionthattheinformationisfalse,frivolous,concoctedoruntrue,heshall inform the Council accordingly and may recommend action against the person who initiated the information.

8. Enquiry by the Council.—(1) TheChairmanmay,callthemeetingoftheCouncil,fordiscussionand enquiry into the information received.

(2) The information in respect of the conduct of a Judge shall be placed before the Council forexamination.


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(3) If theCouncil isof theviewthatbefore forminganopinion, it shouldalsohear theJudgeunderenquiry, it shall require the said Judge to present himself before the Council. The Council shall provide him the information and material received against him.

(4) IftheCouncilisoftheopinionthatitrequiresmorematerialorseeksadditionalinformationbeforeitcan form any opinion, it shall direct accordingly.

(5) TheCouncilmay,ifnecessary,securetheattendanceofthepersonwhohasprovidedtheinformation,for enquiry into any aspect of the information provided.

(6) TheCouncilmaysummonanyexpert,wheretheenquiryisinrespectoftheincapacityofaJudgeandmayorderanymedicalinvestigationbylocalorforeignexpert.

(7) Withoutprejudicetotheforegoing,theCouncilshallhaveinherentpowerstoadoptanyprocedurespecific to the enquiry which is considered by the Council to be just and proper in the circumstances.

9. (1)IftheCouncildecidestoproceedagainstaJudge,ashowcausenoticeshallbeissuedtohimalongwithsupportingmaterialcallinguponhimtoexplainhisconductwithin14days.

(2)OnreceiptofreplyfromtheJudge,Councilshallconveneitsmeetingtoproceedfurtherwiththematter.

10. (1)TheAttorney-General forPakistanand inhisabsenceaseniorcounseloftheSupremeCourt,instructed by him, shall conduct a reference.

(2)TheCouncilmayrequiretheAttorney-GeneralforPakistanoranyothercounseltoappearandassist the Council in relation to smooth and efficient conduct of its proceedings.

11. Procedure of Council.— (1) In theeventofadifferenceofopinionamongst themembersof theCouncil regarding, further enquiry, granting right of hearing to the Judge concerned, securing attendance of the person providing information and related matters, opinion of the majority shall prevail.

(2)IntheeventofadifferenceofopinionamongstthemembersoftheCouncilwhethertheJudgeconcerned is guilty of misconduct, opinion of the majority shall prevail.

12. Report to the President of Pakistan.—IftheCouncilinitsmeeting,onconclusionoftheproceedingsforms an opinion, that the Judge concerned has been guilty of misconduct or incapacitated in the performance of his duties properly, it shall express its views accordingly and the same shall becommunicated by the Chairman to the President as a Report of the Council for action under Article 209(6)oftheConstitutionofIslamicRepublicofPakistan.

13. Proceedings of the Council not to be reported.—(1)ProceedingsoftheCouncilshallbeconductedin camera and shall not be open to public.

(2)Onlythefindingsoftheproceedingsshallbeallowedtobereported.

(3)ProceedingsofthemeetingsoftheCounciloranyotherstepsthatCouncilmaytakeshallnotbereported, unless directed otherwise.

14. Punishment for frivolous information.— (1)Whenever theCouncil finds that the informationorevidence provided to it was false in material particulars or with the sole intention to malign a Judge, orscandalizingtheCourtortoundermineitinanyformwhatsoever,itmaydirectactionagainstallthose who are found to have provided the said information, or evidence as the case may be.

(2)Forthispurpose,theCouncilmaydirecttheSecretaryoftheCounciltopursuethecourseofaction against the offender.

15. Council Secretariat.—(1)TheCouncilshallhaveapermanentsecretariatandinordertocarryoutthe affairs and functions, the Council may appoint such officials and staff as deemed fit and proper.

(2)TheCouncilshallhaveaperpetualsealwhichshallberetainedinthecustodyoftheSecretary.

(3)TheSecretaryoftheCouncilshallbethecustodianoftherecordandproceedingsoftheCouncil.

16. Powers to issue directions.— The Council shall have the power to issue any directive, pass any order and prescribe the procedure for achieving the objects of the Council.

17. This procedure shall, mutatis mutandis, apply to proceedings against other office holders, who can be removed from office in the manner prescribed by Article 209 of the Constitution.

By order of HCJ|Chairman,

DR.FAQIRHUSSAIN, Secretary.


4.14 Role and Functions of the Chief Justice of Pakistan

The Chief Justice of Pakistan is appointed by the President under Article 177 of the Constitution in accordance with 175A.TheChiefJusticeamongstothersperformsthefollowingfunctionsandresponsibilities:-

• Nominations of Appointments Judicial Commission of Pakistan has been

constituted under Article 175A of the Constitution of Pakistan for the appointment of Judges of the superior courts. The Chief Justice of Pakistan acts as a Chairman of Judicial Commission. For each anticipated or actual vacancy of a Judge in the Supreme Court or the Chief Justice of Federal Shariat Court or the Chief Justice of a High Court, the Chief Justice of Pakistan shall initiate nominations in the Commission for appointment against such vacancy. Similarly, the Chief Justice of the Federal Shariat Court and High Courts shall initiate and send nomination for appointment against anticipated or actual vacancy of a Judge to the Chairman of the Commission. The Commission by majority of its total membership shall nominate to the Parliamentary Committee one person, for each vacancy of a Judge in the Supreme Court, Federal Shariat Court and High Courts as the case may be. The Parliamentary Committee shall send the name of the nominee confirmed by it or deemed to have been confirmed to the Prime Minister who shall forward the same to the President for appointment.

• Other appointments Federal Review Board consisting of a Chairman

and two members, each of whom is or has been a judge of the Supreme Court or a High Court, for reviewing orders made under a law providing for preventive detention;

An arbitrator to determine any question arising as to whether any conditions imposed on any provincial government are lawfully imposed, or whether any refusal by the federal government to entrust functions is unreasonable with respect to broadcasting and telecasting.

• Administers Oath to the:• President of Pakistan;• Chief Election Commissioner;• AuditorGeneralofPakistan;• Judges of the Supreme Court;

• Nominates: The Chief Justice nominates a Judge of the

Supreme Court to various bodies of the Bar, e.g., Disciplinary Committees, Syndicates, GoverningBodiesofUniversities,etc.

• Ex-officio Chairman of:• Supreme Judicial Council;• Judicial Commission of Pakistan;• Law and Justice Commission of Pakistan;• NationalJudicial(PolicyMaking)Committee;• Governing Body, Access to Justice

DevelopmentFund;• Federal Judicial Academy; and• Al-MizanFoundation.

• Administrative Powers The Chief Justice under administrative powers

appoints/removes, officers/staffs of the Courtand upgrade/downgrade posts; and has financialpowerstosanctionexpenditureandre-appropriatefunds within the budgetary allocation of the Court.

• Court Roster Prepares Court Roster and constitutes benches of

the Court to hear cases.

• Heads Benches The Chief Justice heads benches for hearing cases.

• Presides Meetings The Chief Justice presides Full Court meetings and

leads in taking important policy decisions.

• Court Supervision The Chief Justice supervises the Court

administration, deals with cases of leave of the Judges and acts as intermediary between the Court and the judicial system.

• Formulation of Policies The Chief Justice initiates internal Court operational

policies for early disposal of cases, delay reduction and Case Flow Management.

• Assigns Judges with Specialized Work The Chief Justice assigns the Judges with

responsibilities to assist him in formulation of policies and court management.

• Court Business The Chief Justice prescribes the working hours,

Court business and holidays.

• Acts As Chairman of Statutory Bodies The Chief Justice acts as a Chairman of the Federal

Judicial Academy, Law and Justice Commission of Pakistan and National Judicial (Policy Making)Committee.

• Conducts Judicial Conferences and Seminars The Chief Justice conducts conferences and

seminars for the improvement of administration of justice in the country.



COURT PERFORMANCE5

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CHAPTER 5

The present overview of judicial activities of this Court relates to the period from 1.6.2018 to 31.5.2019. Duringthisperiod,thefirstFullCourtmeetingwasheldon 7.7.2018 wherein it was informed that pendency before this Court as on 30.6.2018 was 39317. The issue of increase in pendency was discussed at length and various proposals to reduce the same were made including discouraging adjournments and to minimizepractice of writing of lengthy judgments at the time of dismissal of petitions. HCJ on behalf of his brother Judges and on his own behalf welcomed Mr. Justice Syed Mansoor Ali Shah, Mr. Justice Munib Akhtar and Mr. Justice Yahya Afridi on their elevation to this Court. On 10.9.2018, another such Meeting was convened wherein it was informed that total 40730 cases were pending as on 31.8.2018. Bunch-wise position of pendency at the commencement of last judicial year however, comes to 37933 cases.

That the Supreme Court, being the guardian of the human rights, took notice of water shortage in the country and established Diamer Bhasha and Mohmand Dam Fund in which all the segments of the society, including general public through various campaigns were asked to donate generously for construction of dams. Apart from different organizations, especiallythe overseas Pakistanis donated generously to this fund which amount under the orders of the HCJ is being invested in a profit bearing scheme. In the interest of public at large, this Court worked even on Saturdays and Sundays and continued hearing of cases in order to address and other issues of Public importance such as protection of fundamental rights including removal of billboards, inadequate facilities and overcharging/negligence in private hospitals, maintaining foreign accounts by Pakistani citizens without disclosing thesame and paying taxes, verification of degrees ofadvocatesaswellassellingofbottledwaterextractedfrom ground without payment of any charges

Due to hard work of Benches, pendency of criminalappeals is now at very low level and presently such appeals mostly relating to the year 2019 are being heard irrespective of the fact whether the issue involved sentenceofdeath/lifeorevenashortsentence.Thatthe backlog of thousands of Criminal Appeals pending before this Court since the year 1994 onwards has almost been completely wiped out and NOWADAYS there is no Criminal Appeal pending at Karachi andQuettaBranchRegistriesofthisCourt.

On 18.1.2019, Hon’ble Mr. Justice Asif Saeed KhanKhosa,tookoathasChiefJusticeofPakistanandchaireda meeting of the Full Court held on 6.2.2019, wherein it

wasinformedthat40535cases(ason31.12.18)werepending for adjudication where upon the chair issued directions in order to reduce the pendency. In another Full Court Meeting held on 30.4.2019, Hon’ble Mr.JusticeQaziMuhammadAminAhmedwaswelcomedonhis elevation as Judge of Supreme Court. The pendency showninthisMeetingwas39338(Bunch-wise27403).

Duringtheperiodunderreview,ontherecommendationof the Hon’ble Mr. Justice Umer Ata Bandial, JudgeInchargeLibrary,existingflatrateforsupplyofcertifiedcopy to the Publishers of Law Journals was enhanced fromRs.25/-toRs.125/-percopyw.e.f.06.02.2019.

In order to simplify the process of challenging the Judgments/Orders of Military Courts, the Hon’bleChief Justice of Pakistan ordered that fresh petitions filed against sentences awarded by Military Courts shall be registered as Criminal Petitions and in case such petitions involve sentence of death, intimation will be issuedintermsofRule5OrderXXIIIofSupremeCourtRules, 1980with the direction to fix these cases onpriority basis.

It was noted that there was a growing tendency on the part of the AORs to file appeals without decree sheet. ThematterwasplacedbeforetheHon’bleChiefJusticeof Pakistan and it was resolved that such exemptionapplications be registered and placed before the Court for orders and that limitation period be counted from filing of the decree sheet.

In the Full Court Meeting dated 6.2.2019, hearing of cases through Video Link at Islamabad from Branch Registries of this Court came under discussion and such proposal was unanimously approved. A Committee in this regard was constituted, so, it was first of its kind in the history of the Supreme Court of Pakistan that E-Court system was put in place. Under this systemthe Principal Seat and all the Branch Registries of this CourthaveNOWbeenconnectedthroughvideo-link.Itis a ground-breaking initiative which has already started benefiting the lawyers as well as litigants by making the judicial system more responsive to the needs of the people approaching this Court for redressal of their grievances. Millions of Rupees spent on the Judges and staff touring different Branch Registries, on lawyers commuting between cities and by litigants toiling all the way and bearing the brunt of the expenses arebeing saved through this system. Such a step taken by this Court is a major break-through in discharge of its constitutional responsibility of providing expeditiousand inexpensive justice. This initiative will hopefullysoon be replicated in other courts of the country as well.

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5.1 Overview of Judicial Activities


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IntheFullCourtmeetingdated30.4.2019,SupremeCourtResearchCentre(SCRC)wasdirectedtobeestablishedat the principal seat. This major initiative was taken by this Court for commissioning of a state of the art Research Centre which shall provide research facilities of international standards. Three Judges of this Court and ten research officers,allservingCivilJudgeshavethusbeenselectedfromtheentirecountry,whohaveNOWalsovisitedandreceivedtrainingatvariousrenownedlegalresearchcentersintheUnitedStatesofAmericaandaworldfamoussearch engine has already been installed in the said research Centre of this Court. The establishment of this research Centreisgoingtoproveagamechangerinthedaystocome.TheinteresttakenandtheeffortsmadebytheHon’bleJustice Syed Mansoor Ali Shah in the matter have been acknowledged and appreciated.

During theyear, theProsecutorGeneral office proposed an amendment in the SupremeCourtRules regardingadditionofword“ProsecutorGeneral”alongwith“AdvocateGeneral”whichbyorderofHCJ,hasbeenentrustedtoa Committee of HJJ.

During theperiodunder reportspecialdirectionswere issued toWeedingSectionof theCourt toexpedite theprocess of weeding of files of old cases, as a result whereof 8315 number of cases were weeded out.

In order to facilitate the litigant public on account of any emergent situation faced by them due to pendency of a case,suchasBail,eitherbeforeorafterarrest,executionproceedingsinfamily,rent,admission,servicematters,stayandcasesinvolvingsentenceupto10years,thepolicyofearlyfixationofsuchcasescontinuedandsuchcaseswereaccordinglyfixedbeforetheCourtfromtimetotime.

TheHon’bleChiefJusticeofPakistanhasalwaysbeenvocalabouttenderingfalsetestimonyespeciallyincriminalcases.DuringhearingofCriminalAppealNo.238-L/2013keepingthisaspectofcriminalproceedings,theHon’bleChief Justice of Pakistan issued direction to all the Courts in the Country to follow the principle of falsus in uno, falsus in omnibus as an integral part of the jurisprudence in criminal cases and to give effect in full force. It was further directed that if a witness is found to be false on a material aspect, without any latitude, shall invariably be proceeded against for perjury.

The statistical data regarding Court sessions, institution and disposal of civil petitions, civil appeals, criminal petitionsandcriminalappealsatthePrincipalSeatandBranchRegistriesisgivenasunder:

5.2 Statement of Court Sessions from June 2018 – 31st May 2019

Sr.Working Period No. of

DaysNo. of Benches Special

BenchesLarger

BenchesFrom To Isb. Lhr. Kra. Qta. Psh.1. 01.06.2018 01.06.2018 1 5 2 - - - 1 -

2. 02.06.2018 02.06.2018 1 - - - - -1

(Saturday) (Lahore)

-

3. 03.06.2018 03.06.2018 1 - - - - -1

(Sunday) (Lahore)

-

4. 04.06.2018 08.06.2018 5 2 2 2 - -

1 (Karachi)

(05.06.2018) 1 (Islamabad)(06.06.2018)1

(Peshawar) (06.06.2018)

5. 09.06.2018 09.06.2018 1 - - - - -1

(Saturday) (Lahore)

-

6. 10.06.2018 10.06.2018 1 - - - - -1

(Sunday) (Lahore)

-

7. 11.06.2018 11.06.2018 1 1 2 2 - - - -8. 12.06.2018 13.06.2018 2 1 2 2 - - - -




BenchesLarger

BenchesFrom To Isb. Lhr. Kra. Qta. Psh.9. 14.06.2018 15.06.2018 2 1 2 2 - - - -

10. 19.06.2018 22.06.2018 4 2 2 2 - - - -11. 25.06.2018 27.06.2018 3 2 2 2 - - - -

12. 28.06.2018 28.06.2018 1 3 1 1 - - 1 (Islamabad) -

13. 29.06.2018 29.06.2018 1 3 1 2 - - - -

14. 30.06.2018 30.06.2018 1 - - - - -1

(Saturday) (Islamabad)

-

15. 01.07.2018 01.07.2018 1 - - - - -1

(Sunday) (Islamabad)

-

16. 02.07.2018 06.07.2018 5 2 1 2 - -1

(Islamabad)(04.07.18)

1 (4-HJJ)

(Islamabad) 04.07.18

17. 08.07.2018 08.07.2018 1 - - - - -1

(Saturday) (Islamabad)

18. 09.07.2018 13.07.2018 5 3 1 2 - - -

1 (4-HJJ)


1(4-HJJ) (Islamabad) 11.07.18

1 (4-HJJ)


19.14.07.2018 14.07.2018

- - - - - - 1 (Islamabad) -

(Saturday)

20. 16.07.2018 20.07.2018 5 2 - 2 - -

1 (Islamabad) 18.07.2018

-

1 (Islamabad) 19.07.2018

21.22.07.2018 22.07.2018

1 - - - - - 1 (Karachi) -

(Sunday)22. 23.07.2018 27.07.2018 5 1 2 2 - - - -

23.28.07.2018 28.07.2018

1 - - - - - 1 (Lahore) -

(Saturday)

24.29.07.2018 29.07.2018

1 - - - - - 1 (Lahore) -

(Sunday)

25. 30.8.2018 30.08.2018 1 4 - 1 - - -1

(4-HJJ) (Islamabad)

26. 31.07.2018 02.08.2018 3 4 - 2 - - - -27. 03.08.2018 03.08.2018 1 2 1 2 - - - -28. 06.08.2018 10.08.2018 5 3 - 2 - - - -


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BenchesFrom To Isb. Lhr. Kra. Qta. Psh.29. 13.08.2018 16.08.2018 3 3 - 2 - - - -30. 17.08.2018 17.08.2018 1 2 1 2 - - - -31. 20.08.2018 24.08.2018 5 1 2 1 - - - -32. 27.08.2018 31.08.2018 5 2 - 1 - - - -

33.01.09.2018 01.09.2018

1 - - - - - 1 (Karachi) -

(Saturday)34. 03.09.2018 07.09.2018 5 2 - 1 - - - -

35. 10.09.2018 13.09.2018 4 6 - - - - 1 (Islamabad)

1 (5-HJJ)

(Islamabad)10.09.2018

1 (7-HJJ)


36. 14.09.2018 14.09.2018 1 8 - - - - - -

37.15.09.2018 15.09.2018

1 - - - - - 1 (Lahore) -

(Saturday)

38.16.09.2018 16.09.2018

1 - - - - - 1 (Lahore) -

(Sunday)

39. 17.09.2018 19.09.2018 3 - - - - -1


-

40. 20.09.2018 20.09.2018 1 3 - - 1 1 2 Shariat -

41. 24.09.2018 28.09.2018 5 3 - - 1 1

1 Shariat

1 Shariat (5-JJ)


1 (Islamabad) 27.09.2018

1(4-HJJ)

(Islamabad)24.09.20181(5-HJJ) (Islamabad)25.09.2018

42.29.09.2018 29.09.2018

1 - - - - - 1 (Lahore) -

(Saturday)

43. 01.10.2018 02.10.2018 2 6 - - - -

-1

(5-HJJ) (Islamabad)02.10.2018

1 (5-HJJ)


44. 03.10.2018 04.10.2018 4 7

1 (5-HJJ)


1 (7-HJJ)


45. 05.10.2018 05.10.2018 - - - - - - -

46.06.10.2018 06.10.2018

1 - - - - - 1 (Lahore) -

(Saturday)




BenchesLarger

BenchesFrom To Isb. Lhr. Kra. Qta. Psh.

47. 08.10.2018 11.10.2018 4 7 - - --

1 (Islamabad) 08.10.2018 05:00p.m.

1 (5-HJJ)


1 (Islamabad) 10.10.2018

1 (7-HJJ)


1 (Islamabad) 11.10.2018

1 (5-HJJ)


48. 12.10.2018 12.10.2018 1 8 - - - - - -

49. 15.10.2018 18.10.2018 4 6 - - - -

1 (Islamabad) 16.10.2018

1 (7-HJJ)


2 (Islamabad) 18.10.2018

1 (5-HJJ)


1 (7-HJJ)


-

1 (5-HJJ)


50. 19.10.2018 19.10.2018 1 8 - - - - - -

51. 22.10.2018 23.10.2018 2 6 - - - - -

1 (5-HJJ)


52. 24.01.2018 24.01.2018 1 5 - - - -1


1 (5-HJJ)


53. 25.01.2018 25.01.2018 1 6 - - - -1


1 (7-HJJ)


54. 26.10.2018 26.10.2018 - -

55.27.10.2018 27.10.2018 1

(Karachi) 27.10.2018

-(Saturday)

56. 29.10.2018 30.10.2018 2 6 - - - -1

(Karachi) 29.10.2018

2 (5-HJJ)


57. 31.10.2018 01.11.2018 2 6

1 (7-HJJ)


58. 02.11.2018 02.11.2018 1 7 - - - - - -


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BenchesLarger

BenchesFrom To Isb. Lhr. Kra. Qta. Psh.59. 05.11.2018 05.11.2018 1 4 2 - - - - -

60. 06.11.2018 07.11.2018 2 4 2 - - -1


-

61. 08.11.2018 08.11.2018 1 4 2 - - - - -62. 09.11.2018 09.11.2018 1 5 2 - - - - -

63. 12.11.2018 13.11.2018 2 6 - - - - 1 (Islamabad)

2 (5-HJJ)


2 (5-HJJ)


64. 14.11.2018 15.11.2018 2 4 1 - - -

1 (Islamabad) 14.11.2018

2(5-HJJ)


1 (Islamabad) 15.11.2018

2(7-HJJ)


65. 16.11.2018 16.11.2018 1 4 2 - - - - -

66.17.11.2018 17.11.2018

11

(Lahore) 15.11.2018(Saturday)

67. 19.11.2018 19.11.2018 1 4 2 - - - - -68. 20.11.2018 20.11.2018 1 4 2 - - - - -

69. 22.11.2018 23.11.2018 2 4 1 - - -1


1 (5-HJJ)


70. 26.11.2018 28.11.2018 3 4 1 - 1 1 - -

71. 29.11.2018 29.11.2018 1 4 1 - 1 11

(Islamabad) 01:00p.m.)

-

72. 30.11.2018 30.11.2018 1 4 1 - 1 1 - -73. 01.12.2018 01.12.2018

1 - - - - -1

(Lahore) (10:00a.m.)

-74. (Saturday)

75.02.12.2018 02.12.2018

1 - - - - - 1 (Lahore) -

(Sunday)




BenchesLarger


76. 03.12.2018 05.12.2018 3 4 1 - 1 1 -

1(7-HJJ)


1(5-HJJ)


2 (5-HJJ)


1 (5-HJJ)


77. 06.12.2018 07.12.2018 2 4 1 - - 1

1 (4-HJJ)


1(7-HJJ)


78. 08.12.2018 09.12.2018 2 3 - - 1 11

(Lahore) 08.12.2018

-

79. 10.12.2018 10.12.2018 1 2 - 1 2 1 - -80. 11.12.2018 11.12.2018 1 2 - 2 1 1 - -81. 12.12.2018 12.12.2018 1 3 - 1 1 1 - -82. 13.12.2018 13.12.2018 1 4 - - 1 1 - -83. 14.12.2018 14.12.2018 1 4 - - 1 1 - -

84.15.12.2018 15.12.2018

1 - - - - - 1 (Lahore) -

(Saturday)85. 17.12.2018 17.12.2018 1 5 1 - - - - -86. 18.12.2018 21.12.2018 4 2 1 2 - - - -

87.22.12.2018 23.12.2018

2 4 1 - - - 1(Lahore) -

Saturday Sunday88. 24.12.2018 24.12.2018 1 - 2 2 - - - -89. 26.12.2018 28.12.2018 3 1 1 2 - - - -

90.29.12.2018 29.12.2018

1 - - - - - 1 (Lahore). -

(Saturday)91. 31.12.2018 31.12.2018 1 2 - 2 - - - -


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BenchesLarger


92. 01.01.2019 03.01.2019 3 6 - - - - -

1 (7-HJJ)

(Islamabad) 01.00 p.m.03.01.2019

1 (5-HJJ)

(Islamabad) 01.00 p.m.03.01.2019

93. 04.01.2019 04.01.2019 1 7 - - - - -

1 (5-HJJ)


94. 05.01.2019 05.01.2019 1 - - - - - -

95.05.01.2019 05.01.2019

1 - - - - -1

(Islamabad) 05.01.2019Saturday

96.06.01.2019 06.01.2019

1 - - - - -1

(Islamabad)06.01.2019Sunday

97. 07.01.2019 08.01.2019 2 6 - - - -

2 (Islamabad)07.01.2019

1 (7-HJJ)

(Islamabad) 02.00 p.m.07.01.2019

1 (5-HJJ)

(Islamabad) 03.00 p.m.07.01.2019

1 (Islamabad) 08.01.2019

1 (5-HJJ)


98. 09.01.2019 10.01.2019 2 - - - - -1


1 (5-HJJ)


99. 11.01.2019 11.01.2019 1 7 - - - - - -

100.12.01.2019 12.01.2019

1 - - - - -1


-(Saturday)

101. 14.01.2019 17.01.2019 4 6 - - - -

1 (Islamabad) 14.01.2019

1 (5-HJJ)


1 (Islamabad) 15.01.2019

102. 18.01.2019 18.01.2019 1 8 - - - - - -




BenchesLarger


103. 21.01.2019 25.01.2019 5 5 - 1 - -

1 (Islamabad) 21.01.2019

-1


104. 28.01.2019 31.01.2019 4 6 - - - -

1 (Islamabad) 28.01.2019

-2


1 (Islamabad) 31.01.2019

105. 01.02.2019 01.02.2019 1 8 - - - - - -

106. 04.02.2019 04.02.2019 1 2 3 2 - - - -

107. 06.02.2019 07.02.2019 2 6 - - - -1


-

108. 08.02.2019 08.02.2019 1 8 - - - - - -

109. 11.02.2019 11.02.2019 1 4 1 - - - - -

110. 12.02.2019 12.02.2019 1 5 1 - - -1


-

111. 13.02.2019 13.02.2019 1 5 1 - - -1


-

112. 14.02.2019 14.02.2019 1 5 1 - - -

1 (Islamabad) 14.02.2019

-1


1 (Islamabad) 14.02.2019

113. 15.02.2019 15.02.2019 1 6 1 - - - - -

114. 18.02.2019 21.02.2019 4 4 1 - - -1


-

115. 22.02.2019 22.02.2019 1 5 1 - - - - -

116. 25.02.2019 25.02.2019 2 1 1 2 - - - -

117. 27.02.2019 27.02.2019 1 4 1 - - -1


118. 28.02.2019 28.03.2019 1 3 1 - - -1


-

119. 01.03.2019 01.03.2019 1 3 1 - - - - -


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120. 04.03.2019 05.03.2019 2 4 1 - - -1


-

121. 06.03.2019 07.03.2019 2 4 1 - - -

1 (Islamabad) 07.03.2019

-1


122. 08.03.2019 08.03.2019 1 6 1 - - - - -

123. 11.03.2019 13.03.2019 3 5 1 - - -

1 (Islamabad) 11.03.2019

-1


1 (Islamabad) 13.03.2019

124. 14.03.2019 15.03.2019 2 4 1 1 - -1


-

125. 18.03.2019 18.03.2019 1 4 1 - - - - -

126. 19.03.2019 20.03.2019 2 5 1 - - - - -

127. 21.03.2019 22.03.2019 2 4 2 - - -1


-

128. 25.03.2019 26.03.2019 2 5 - 1 - - -

1 (5-HJJ)


129. 27.03.2019 29.03.2019 3 5 - 1 - - -

1 (7-HJJ)


130. 01.04.2019 04.04.2019 4 6 - 1 - -1


1 (7-HJJ)


1 (5-HJJ)


1 (5-HJJ)


131. 05.04.2019 05.04.2019 1 5 1 1 - - - -

132. 08.04.2019 11.04.2019 4 5 - 1 - -1


1 (5-HJJ)


133. 12.04.2019 12.04.2019 1 6 - 1 - - - -




BenchesLarger


134. 15.04.2019 15.04.2019 1 5 - - - -

1 (Islamabad) 15.04.2019

-1


135. 19.04.2019 19.04.2019 1 7 - - - - - -

136. 16.04.2019 18.04.2019 3 6 - - - -

1 (Islamabad) 17.04.2019

-1


137. 19.04.2019 19.04.2019 1 6 - - - - - -

138. 22.04.2019 25.04.2019 4 5 - - - -

1 (Islamabad) 22.04.2019

-1


139. 26.04.2019 26.04.2019 1 7 - - - - - -

140. 29.04.2019 30.04.2019 2 5 - - - 1

1 (Islamabad) 29.04.2019

-3


141. 02.05.2019 03.05.2019 2 5 - - - 11


-

142. 06.05.2019 09.05.2019 4 4 1 1 - -

3 (Islamabad) 06.05.2019

-

2 (Islamabad)07.05.2019

2 (Islamabad) 08.05.2019

3 (Islamabad) 09.05.2019

143. 10.05.2019 10.05.2019 1 5 1 1 - - - -

144. 13.05.2019 16.05.2019 4 5 1 - - -

2 (Islamabad) 14.05.2019

1 (7-HJJ)


2 (Islamabad) 15.05.2019

1 (7-HJJ)

(Islamabad) 13.05.20191



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BenchesLarger

BenchesFrom To Isb. Lhr. Kra. Qta. Psh.145. 17.05.2019 17.05.2019 1 6 1 - - - - -

146. 20.05.2019 23.05.2019 4 5 1 - - -

1 (Islamabad) 20.05.2019

1 (7-HJJ)


2 (Islamabad) 21.05.2019

1 (Islamabad) 22.05.2019

2 (Islamabad) 23.05.2019

147. 24.05.2019 24.05.2019 1 6 1 - - - - -

148. 27.05.2019 31.05.2019 5 3 2 1 - - - -

5.3 Institution and Disposal of Cases from June 2018 – May 2019

Month-wiseInstitution(Ins.)andDisposal(Dis.)ofcasesattheMainRegistryaswellasattheBranchRegistriesforthe reported period.

Islamabad Lahore Karachi Peshawar Quetta TotalIns. Dis. Ins. Dis. Ins. Dis. Ins. Dis. Ins. Dis. Ins. Dis.

June, 2018 1038 645 138 5 393 536 226 538 35 4 1830 1728

July 1045 797 116 34 550 279 192 234 22 12 1925 1356

August 764 624 103 16 298 89 210 239 34 3 1409 971

September 642 1104 79 174 237 130 81 70 33 162 1072 1640

October 888 1819 82 27 291 199 175 19 38 24 1474 2088

November 1400 639 84 71 414 582 350 8 39 60 2287 1360

December 978 539 115 155 518 268 194 120 50 127 1855 1209

January, 2019 1090 1640 121 23 497 312 172 82 50 17 1930 2074

February 985 705 124 41 425 459 145 37 14 19 1693 1261

March 1263 924 200 26 658 737 125 368 21 12 2267 2067

April 1688 1606 245 81 584 78 135 100 17 3 2669 1868

May 1100 1009 137 86 686 752 162 86 30 9 2115 1942

Total 12881 12051 1544 739 5551 4421 2167 1901 383 452 22526 19564


institution and disposal of Cases at islamabad

0200400600800

100012001400160018002000

Num

ber o

f Cas

es

Months

Ins. Dis.

institution and disposal of Cases at Lahore

0

50

100

150

200

250

300

Num

ber o

f Cas

es

Months

Ins. Dis.


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institution and disposal of Cases at Karachi

0100200300400500600700800

Num

ber o

f Cas

es

Months

Ins. Dis.

institution and disposal of Cases at Peshawar

050

100150200250300350400450500550600

Num

ber o

f Cas

es

Months

Ins. Dis.


institution and disposal of Cases at Quetta

020406080

100120140160180

Num

ber o

f Cas

es

Months

Ins. Dis.

5.4 Pendency of casesOn 1st June, 2018, 40091 cases were pending adjudication before the Court at its Principal Seat and the Branch Registries.Thebreakupofpendencywasasunder:-

Islamabad Lahore Karachi Peshawar Quetta Total

16687 16307 1612 4511 974 40091

Pendency Position

Islamabad42%

Lahore41%

Kar

achi

4%

Peshawar11%


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5.5 Institution and Disposal of Petitions & Appeals Civil Petitions at the Principal Seat and Branch Registries

Branches Opening Balance 01.06.2018 Institution Total Disposal Balance

31.05.2019

Islamabad 4879 5018 9897 5300 4597

Lahore 9542 5551 15093 3427 11666

Karachi 1004 1211 2215 1036 1179

Peshawar 2797 833 3630 160 3470

Quetta 786 205 991 278 713

Total 19008 12818 31826 10201 21625

Civil appeals at the Principal Seat and Branch Registries


31.05.2019Islamabad 6437 1969 8406 2308 6098

Lahore 1996 358 2354 375 1979

Karachi 150 103 253 90 163

Peshawar 668 525 1193 62 1131

Quetta 73 52 125 23 102

Total 9324 3007 12331 2858 9473

Opening Balance

60%Institution

40%

Opening Balance & Institution

Disposal32%

Balance68%

Disposal & Balance

Disposal23%

Balance77%

Disposal & Balance

Opening Balance

76%

Institution24%

Opening Balance & Institutions


Criminal Petitions at the Principal Seat and Branch Registries


31.05.2019Islamabad 703 1539 2242 1363 879

Lahore 2581 1543 4124 1082 3042

Karachi 69 237 306 118 188

Peshawar 303 80 383 107 276

Quetta 174 97 271 3 268

Total 3830 3496 7326 2673 4653

Criminal appeals at the Principal Seat and Branch Registries


31.05.2019Islamabad 461 534 995 897 98

Lahore 470 160 630 429 201

Karachi 6 29 35 23 12

Peshawar 111 41 152 120 32

Quetta 2 2 4 1 3

Total 1050 766 1816 1470 346

Disposal36% Balance

64%

Disposal & Balance

Opening Balance

58%

Institution42%


Opening Balance

52%Institution

48%


Disposal & Balance


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5.6 Consolidated Statement of Cases

Consolidated Statement of Cases at islamabad

Cases Opening Balance 01.06.2018 Institution Total Disposal Balance

31.05.2019CivilPetitions 4879 5018 9897 5300 4597

Civil Appeals 6437 1969 8406 2308 6098

CriminalPetitions 703 1539 2242 1363 879

Criminal Appeals 461 534 995 897 98

Total 12480 9060 21540 9868 11672

Consolidated Statement of Cases at Lahore


31.05.2019CivilPetitions 9542 5551 15093 3427 11666

Civil Appeals 1996 358 2354 375 1979



Total 14589 7612 22201 5313 16888

Consolidated Statement of Cases at Karachi


31.05.2019CivilPetitions 1004 1211 2215 1036 1179

Civil Appeals 150 103 253 90 163



Total 1229 1580 2809 1267 1542


Consolidated Statement of Cases at Peshawar


31.05.2019CivilPetitions 2797 833 3630 160 3470

Civil Appeals 668 525 1193 62 1131



Total 3879 1479 5358 449 4909

Consolidated Statement of Cases at Quetta


31.05.2019CivilPetitions 786 205 991 278 713

Civil Appeals 73 52 125 23 102



Total 1035 356 1391 305 1086



STATISTICAL DATA ANALYSIS6

StatiStiCaL data anaLySiS

CHAPTER 6

6.1 Trend in Institution, Disposal and Pendency of Cases from 2001 to 2018

Years Institution Disposal Pendency

2001 15243 13171 130702002 13847 9547 173702003 12990 10329 200312004 17521 9938 276142005 15802 28433 149842006 12424 23364 137242007 13874 12412 151862008 12189 9621 177542009 17661 17056 183592010 16291 14416 202342011 14164 14170 202282012 15939 15853 203142013 18154 17988 204802014 18520 16021 229792015 19302 14914 276392016 21619 16514 327442017 21743 15587 389002018 22282 20647 40535

Comparison of institution, disposal and Pendency of Cases

StatiStiCaL data anaLySiS

0

5000

10000

15000

20000

25000

30000

35000

40000

45000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

Num

ber o

f Cas

es

Cases filed, decided & Pending during the last 18 years

Institute Disposal Pending


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CHAPTER 6

trend of institution of Cases from 2001 to 2018

trend of disposal of Cases from 2001 to 2018

1524

3

1384

7

1299

0

1752

1 1580

2

1242

4

1387

4

1218

9

1766

1

1629

1

1416

4

1593

9 1815

4

1852

0

1930

2

2161

9

2174

3

2228

2

0

5000

10000

15000

20000

25000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

Num

ber o

f Cas

es

Years

Trend of Institution of cases over the last 18 years

1317

1

9547

1032

9

9938

2843

3

2336

4

1241

2

9621

1705

6 1441

6

1417

0

1585

3

1798

8

1602

114

914

1651

4

1558

7

2064

7

0

5000

10000

15000

20000

25000

30000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

Num

ber o

f Ca

ses

Years

Trend of Disposal of cases over the last 18 years


trend of Pending Cases from 2001 to 2018

6.2 Institution, Disposal and Pendency of Appeals in the Supreme Court of Pakistan from 1950 to December, 2018

Year Last Balance Fresh Institution Total Disposal Pending

1950 0 25 25 11 141951 14 31 45 19 261952 26 53 79 31 481953 48 65 113 95 181954 18 50 68 48 201955 20 140 160 92 681956 68 63 131 42 891957 89 44 133 59 741958 74 1 75 16 591959 59 210 269 91 1781960 178 288 466 285 1811961 181 287 468 285 1831962 183 382 565 273 2921963 292 454 746 326 4201964 420 367 787 316 4711965 471 392 863 379 4841966 484 371 855 384 4711967 471 328 799 335 4641968 464 426 890 341 5491969 549 829 1378 359 10191970 1019 541 1560 343 12171971 1217 118 1335 350 9851972 985 138 1123 387 736

1307

0 1737

0

2003

1

2761

4

1498

4

1372

4

1518

6

1775

4

1835

9

1741

0

2022

8

2031

4

2048

0

2297

9

2763

9

3274

438

900

4053

5

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10000

15000

20000

25000

30000

35000

40000

4500020

01

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

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Trend of Pending of cases over the last 18 years


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1973 736 166 902 249 6531974 653 174 827 259 5681975 568 207 775 225 5501976 550 1208 1758 170 15881977 1588 603 2191 182 20091978 2009 1284 3293 579 27141979 2714 765 3479 613 28661980 2866 1334 4200 410 37901981 3790 772 4562 536 40261982 4026 1127 5153 661 44921983 4492 1459 5951 1242 47091984 4709 541 5250 878 43721985 4372 978 5350 866 44841986 4484 1186 5670 1060 46101987 4610 1130 5740 972 47681988 4768 1415 6183 1012 51711989 5171 2279 7450 1472 59781990 5978 1301 7279 5601 16781991 1678 1208 2886 1095 17911992 1791 4808 6599 4245 23541993 2354 1525 3879 1559 23201994 2320 1200 3520 692 28281995 2828 1872 4700 876 38241996 3824 4919 8743 3227 55161997 5516 1949 7465 2487 49781998 4978 3282 8260 3817 44431999 4443 1883 6326 2237 40892000 4089 3055 7144 1806 53382001 5338 3100 8438 3738 47002002 4700 2375 7075 1669 54062003 5406 1920 7326 1936 53902004 5390 2865 8255 1530 67252005 6725 3141 9866 2919 69472006 6947 3051 9998 3054 69442007 6944 3104 10048 3258 67902008 6790 2831 9621 1884 77372009 7737 4456 12193 3523 86702010 8670 4054 12724 3110 96142011 9614 3700 13314 3695 96192012 9619 3754 13373 3140 102332013 10233 4811 15044 3460 115842014 11584 4753 16337 5328 110092015 11009 3231 14240 3408 108322016 10832 4154 14986 3880 111062017 11106 3733 14839 4179 106602018 10660 3395 14055 4480 9575


6.3 Institution, Disposal and Pendency of Petitions in the Supreme Court of Pakistan from 1950 to December, 2018


1950 0 9 9 1 81951 8 154 162 93 691952 69 141 210 186 241953 24 213 237 217 201954 20 205 225 210 151955 15 228 243 199 441956 44 278 322 268 541957 54 305 359 314 451958 45 408 453 408 451959 45 218 263 385 -1221960 -122 199 77 251 -1741961 -174 886 712 861 -1491962 -149 1277 1128 1337 -2091963 -209 1218 1009 1069 -601964 -60 1318 1258 1341 -831965 -83 2038 1955 1999 -441966 -44 1845 1801 1912 -1111967 -111 2316 2205 1923 2821968 282 1857 2139 2018 1211969 121 1728 1849 1740 1091970 109 1478 1587 1489 981971 98 640 738 230 5081972 508 974 1482 489 9931973 993 1092 2085 678 14071974 1407 633 2040 373 16671975 1667 5755 7422 4266 31561976 3156 2370 5526 1746 37801977 3780 2651 6431 2676 37551978 3755 2651 6406 1153 52531979 5253 2455 7708 2734 49741980 4974 2519 7493 3804 36891981 3689 3689 7378 2249 51291982 5129 3365 8494 2399 60951983 6095 2888 8983 3270 57131984 5713 3934 9647 2302 73451985 7345 3663 11008 3616 73921986 7392 2935 10327 3486 68411987 6841 3803 10644 4379 62651988 6265 4429 10694 5942 47521989 4752 3534 8286 7528 7581990 758 3999 4757 3621 1136


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1991 1136 3560 4696 1604 30921992 3092 1818 4910 3033 18771993 1877 4983 6860 3671 31891994 3189 4879 8068 4263 38051995 3805 4735 8540 4663 38771996 3877 6749 10626 4978 56481997 5648 8400 14048 7742 63061998 6306 7089 13395 6934 64611999 6461 6530 12991 6371 66202000 6620 8647 15267 7732 75352001 7535 12143 19678 9433 102452002 10245 11472 21717 7878 138392003 13839 11070 24909 8393 165162004 16516 14656 31172 8408 227642005 22764 5052 27816 8336 194802006 19480 5602 25082 11457 136252007 13625 6398 20023 7260 127632008 12763 6976 19739 7082 126572009 12657 10091 22748 12548 102002010 10200 10857 21057 10306 107512011 10751 8783 19534 8611 109232012 10923 9066 19989 10465 95242013 9524 10877 22414 12017 83842014 8384 11164 19548 9440 101082015 10108 13433 23541 9163 143782016 14378 15328 29706 10579 191272017 19127 14267 33394 9812 235822018 23582 16070 39652 12617 27035


6.4 Institution of Petitions and Appeals over the last six decades

Cases 1960 1970 1980 1990 2000 2010 2011 2012 2013

Petitions 199 1478 2519 3999 8647 10857 8783 9066 10877

Appeals 288 541 1334 1301 3055 4054 3700 3754 4811

Total 487 2019 3853 5300 11702 14911 12483 12820 15688

Cases 2014 2015 2016 2017 2018

Petitions 11164 13433 15328 14267 16070

Appeals 4753 3231 4154 3733 3395

Total 15917 16664 19482 18000 19465

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HUMAN RIGHTS CELL7

huMan RightS CeLL

CHAPTER 7

Everyhumanbeinginherentlyacquirescertaininalienablerights,irrespectiveoftheirreligion,colour,creedregion,sex,oranyotherstatus.Thesameareguaranteedbyourconstitutionandinternationalconventions,covenantsanddeclarations.Denialofhumanrightsjeopardizesthebalanceandstabilityofasocietyandisalwaysaseriousthreattohumanity.Theserightsareuniversallyrecognizedandthereforeenshrinedinconstitutionsofallcivilizedstates.

The failure of institutions to protect the human rights creates a state of chaos. Resultantly, different interestgroups,whiletakingtheadvantageofsituation,startaspreeofexploitation.Duringsuchdifficulttimes,inordertoprotecttherightsofdowntroddenmultitudes,courtsactassaviour.InPakistan,therehasalwaysbeenanincessantendeavorbytheApexCourttoprotectandsaveespeciallythevulnerablesegmentsofsocietyfromoppressionanddiscrimination.

Performance StatisticsThe Human Rights Cell disposed of 105617 applications, during last year (from 01.06.2018 to 31.05.2019).FollowingtabledescribesyearwiseInstitutionandDisposalofcases.

7.2 Institution, Disposal and Balance of Cases from June 2018 to May 2019

Pending Process Institution Disposal Balance

10841 97885 105617 3109

year-wise institution and disposal of Cases

Year Opening Balance Institution Disposal Carried Forwarded

2008 0 81 81 0

2009 0 9879 3095 6784

2010 6784 59878 51756 14906

2011 14906 48388 47024 16270

2012 16270 42999 45334 13935

2013 13935 48738 41648 21025

2014 21025 29372 38908 11489

2015 11489 27843 28806 10526

2016 10526 29259 30124 9661

2017 9661 29892 31101 8452

2018 8452 105847 88546 25753

2019* 25753 18463 41107 3109

*upto 31.05.2019

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7.1 Human Rights Cell (HRC)


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year-wise institution and disposal

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50000

60000

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2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

May

, 201

9

Institution Disposal Carried forwarded

Theabovetabularstatisticsshowingyear-wiseinstitution/disposalratiosince2008,reflectsconsiderableincreasein HR Cases disposal.

Month-wise institution and disposal of Cases from June 2018 to May 2019

MonthsOpening Balance Institution Disposal Balance

June, 2018 10841 7091 7208 10724

July 10724 11218 8683 13259

August 13259 9025 6852 15432

September 15432 15109 10518 20023

October 20023 12309 9443 22889

November 22889 14071 12227 24733

December 24733 10599 9579 25753

Jan, 2019 25753 5565 8750 22568

February 22568 3623 9489 16702

March 16702 2359 8971 10090

April 10090 2541 9680 2951

May 2951 4375 4217 3109

97885 105617


Themonthwisedatashowsthatagainsttotalinstitutionof97885complaints,thedisposalwas105617duringthisyear.

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7.3 Expatriate Pakistanis’ Wing Institution & Disposal of Cases from June 2018 to May 2019

Institution Disposal In Process

688 662 26

Disposal96%

In Process4%

Disposal & In Process


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Theabovefiguresandhistogramshow that688complaints fromOverseasPakistaniswere receivedduring theperiod June 2018 to May 2019.

Category Institution

Illegal possession 258

Delayindisposalofcases 88

Illegal Transfers of lands 47

FraudinInheritancematters,etc 142

Harassment&Protection 39

ComplaintsagainstPublicFunctionaries 52

Passport&CNICmatters 25

Miscellaneous 37

688

Generally,mattersofOverseasPakistanisarewithregardtoretrievaloftheirpropertiesfromillegallypossessionoflandmafiainPakistanortheusurpationoftheirshareininheritedproperties,inordinatedelayindisposalofcases,fraudsinpropertypurchaseandinvestments,theproblemsrelatingtoissuanceofpassportsandCNICs.ComplaintsofoverseasPakistanisconfinedinjailsabroadaresortedoutthroughForeignMinistry.Nothingmuchcouldhavebeendonewithregardtocasesofillegaldispossessionasrespectiverightsofpartiesrequireformaladjudicationbythe competent Courts.

The Chart reveals ratio of the nature of grievances of expatriates i.e. the highest percentage being of illegaldispossession from their properties, delay in decision of their cases pending in Courts, followed by fraudulenttransferandmisappropriationoftheirinheritedsharesbyrelatives,threatsandharassmentnottopursuetheircasesandcomplaintsagainstPublicfunctionaries,mostlyRevenue,NADRAandImmigrationauthorities,etc.

Illegal Possession37%

Delay in disposal of Cases13%

Fraud in inheritance matters, etc

21% Harassment & Protection

6%

Complaint against Public Functionaries

7%Passport & CNIC

matters4%

Miscellaneous5%



IMPORTANT CASES DECIDED BY THE SUPREME COURT8

iMPoRtant CaSeS deCided By the SuPReMe CouRt

CHAPTER 8

In this case, the Court discussed as to whether the rule of falsus inuno, falsus inomnibus (false inone thing,false in everything) is applicable in criminal trials inPakistan.

This issue arose in the backdrop of Criminal Appeal No. 28-L of 2013. In that case, the Court had set aside theconvictionofoneMuhammad IlyasunderSection302(b) of Pakistan Penal Code 1860 (PPC) based on,interalia,thefalsetestimonyofConstableKhizerHayat.TheCourthadobserved that the testimonyofKhizerHayat as eyewitness of the occurrence could not be believed, for his presence at the place of occurrence is disproved by the record. Indeed, the record showed that at the time of occurrence, Khizer Hayat waspresentondutyatapolicestationinLahore,whichwashundreds of miles away from the place of occurrence. While setting Muhammad Ilyas’ conviction aside, theCourt had also issued notice to Khizer Hayat, askinghim to ensure his presence in the court on 04.03.2019 toexplainas towhyheshouldnotbeprosecutedforperjuryunderSection194ofthePPC.Ontheappointedday,KhizerHayatappearedbeforetheCourt,butcouldnot persuade the latter as to the truthfulness of histestimonyagainstMuhammadIlyas.

WhilereferringthemattertolearnedDistrictandSessionJudge, Narowal, for proceeding against Khizer HayatunderSection194ofthePPC,theCourtalsoaddressedthedeeperquestionregardingtheabundanceoffalsetestimonies in Pakistan. It noted that this abundanceis owed primarily to the fact that the rule of falsus in uno, falsus in omnibus has been erroneously held to be inapplicable in our country. Tracing the emergence anddevelopmentof this rule indifferent jurisdictions,including United Kingdom, United States of America

and India, the Court observed that this rule is aimed towardsdiscouragingfalsetestimoniesincriminaltrials.In order to underscore the significance of this rule,theCourt analyzed the consequences of its rejectionby Justice Muhammad Munir in Ghulam Muhammadv Crown (PLD 1951 Lahore 66).While analyzing itsreasoning, the Court observed that this decision was based primarily on practical considerations in thecontextofPunjab,ratherthanonlegalandevidentiaryprinciplesembeddedinourcriminal justicesystem.Tosubstantiatethisclaim,theCourtperusedtherelevantprovisionsofthePPC,OffenceofQazf(EnforcementofHadd)Ordinance1979,internationallegalinstruments,versesoftheHolyQur’anandvariousAhadith.Basedonthisanalysis,theCourtheldthatgivingfalsetestimoniesis not only an offence in Pakistan, but is also strictlyprohibitedinIslam.Rejectionoffalsusinuno,falsusinomnibusinGhulamMuhammadcase(supra),theCourtheld, encouraged false testimonies in criminal trials,makingitevermoredifficultforjudgestoascertaintheguilt of accused persons. It was held that the job of the judgesisnottoascertainthetruthofamatter,forthatwould require complete knowledge of the facts which are virtually never brought before the courts, but to assesswhethertheprosecutionhasprovedtheguiltoftheaccusedperson(s)beyondanyreasonabledoubtinaccordance with the law. And, to facilitate this process, the rule of falsus in uno, falsus in omnibus, the Court held, isemphaticallyprovidedbothinIslamandinthecriminal justicesystemofPakistan.Itwasthroughthisreasoning that the Court reintroduced the rule of falsus inuno,falsusinomnibusinthecriminaljusticesystemof Pakistan, holding that if a witness is proved to have liedinpartofhistestimony,hisentiretestimonyshallberejected as a rule.

IMPORTANT CASES DECIDED BY THE SUPREME COURT (SUMMARIES)

8.1 Notice to Police Constable Khizer Hayat: In the Matter of Criminal Appeal No. 28-L of 2013 (PLD 2019 SC 527) [Hon’ble Mr. Justice Asif Saeed Khan Khosa, Chief Justice of Pakistan]


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Inthiscase,theCourtdiscussedtheevidentiaryvalueandobjectoftestidentificationparadeincriminalcases,and gave detailed guidelines as to how this test is to be conducted.

This case arose in the backdrop of Criminal Appeal No. 259 of 2018, wherein the Court had acquitted oneAsfandYarKhanbasedon¸interalia,thefactthatKanwarAnwaar Ali, Special Judicial Magistrate, conducted the testidentificationparadeoftheaccusedinanunlawfulmanner.Itwasheldthatwhileconductingthisparade,KanwarAnwaarAlipaidnoheedtothewell-establishedlaw that such parade qua many accused persons cannot be conducted in one go.

TheCourtnotedthatthepracticeoftestidentificationparade has developed over many decades. In various judgments, the courts have provided detailed guidelines as to how such a parade should be conducted so as to ensure its credibility in a criminal trial. The Court then proceeded to provide a consolidated summary of these guidelines,interalia,asfollows:

“(a)Memoriesfadeandvisionsgetblurredwithpassageof time.…Therefore, an identification parade, toinspire confidence, must be held at the earliestpossibleopportunityaftertheoccurrence;

(b) a test identification, where the possibility of thewitness having seen the accused persons aftertheir arrest cannot be ruled out, is worth nothing at all.Itis,therefore,imperativetoeliminateallsuchpossibilities. It shouldbeensured that, after theirarrest,thesuspectsareputtoidentificationtestsasearly as possible. Such suspects should preferably not be remanded to police custody in the firstinstanceandshouldbekeptinjudicialcustodytilltheidentificationproceedingsareheld.…;

(c) identification parades should never be held atpolicestations;

(d) the Magistrate, supervising the identificationproceedings, must verify the period, if any, for which the accused persons have remained in policecustodyaftertheirarrestandbeforethetestidentificationandmustincorporatethisfactinhisreport about the proceedings;

(e) inordertoguardagainstthepossibilityofawitnessidentifying an accused person by chance, thenumber of persons (dummies) to be intermingledwith the accused persons should be as much as possible. … ordinarily the ratio between theaccused persons and the dummies should be 1 to 9 or 10. … ;

(f) if therearemoreaccusedpersons thanonewhohavetobesubjectedtotestidentification,thentherule of prudence laid down by the superior Courts

is that separate identification parades shouldordinarily be held in respect of each accused person;

(g) it must be ensured that before a witness hasparticipatedintheidentificationproceedings,heisstationedataplacefromwherehecannotobservetheproceedingsandthatafterhisparticipationheis lodged at a place from where it is not possible for him to communicate with those who have yet to take their turn. It also has to be ensured that no one who is witnessing the proceedings, such as the members of the jail staff etc., is able tocommunicatewiththeidentifyingwitnesses;

(h) theMagistrate conducting the proceedings musttake an intelligent interest in the proceedings and not be just a silent spectator of the same bearing in mindatalltimesthatthelifeandlibertyofsomeonedependsonlyuponhisvigilanceandcaution;

(i) theMagistrateisobligedtopreparealistofallthepersons(dummies)whoformpartoftheline-upattheparadealongwiththeirparentage,occupationand addresses;

(j) the Magistrate must faithfully record all theobjectionsandstatements, ifany,madeeitherbytheaccusedpersonsorbytheidentifyingwitnessesbefore,duringoraftertheproceedings;

(k) where a witness correctly identifies an accusedperson, the Magistrate must ask the witness about theconnectioninwhichthewitnesshasidentifiedthat person i.e. as a friend, as a foe or as a culprit of anoffenceetc.andthenincorporatethisstatementin his report;

(l) andwhere awitness identifies a personwrongly,the Magistrate must so record in his report and should also state the number of persons wrongly picked by the witness;

(m) theMagistrateisrequiredtorecordinhisreportalltheprecautionstakenbyhimforafairconductofthe proceedings; and

(n) theMagistratehastogiveacertificateattheendofhis report in the form prescribed by CH.II.C. of Vol. III of Lahore High Court Rules and Orders.”

The Court also held that the measures above listed should,however,notbetakenasexhaustiveofthestepswhicharerequiredtobetakenbefore,duringandafterthe identification proceedings.All these requirementsarenodoubtmandatorybutatthesametimetheyareonly illustrative of the precautions which the Courtsof law demand before some respect can be shown to the evidence offered through the test identificationproceedings.”

Inaddition to the foregoing, theCourtalsoheld that:

8.2 Kanwar Anwar Ali, Special Judicial Magistrate: In the Matter of Criminal Appeal No. 259 of 2018 (PLD 2019 SC 488) [Hon’ble Mr. Justice Asif Saeed Khan Khosa, Chief Justice of Pakistan]


In this case, the Court discussed as to who can compoundanoffenceundertheprovisionsofPakistanPenalCode,1860(PPC).Thisissuearoseinthebackdropofthefollowingfacts:One Muhammad Aslam was murdered, leaving behind a son, a wife and a father. A criminal trial followed in which the accused were convicted and sentenced for Qatl-i-amd.TheaccusedpersonsfiledanappealintheLahore High Court, Lahore (LHC) to challenge theirconvictions. During the appeal, the son and thewifeentered into a compromise with the accused. The father however refused to enter into any such compromise. As ithappened,thefatherdiedbeforetheculminationofappeal proceedings, and the Court was again requested tosanctiontheaforementionedcompromise.Thistime,however, the heirs of deceased father refused to enter into a compromise with the accused persons. Faced with thissituation,theLHCheldthatthesonsofdeceasedfatherwerenotlegalheirsofthevictim.Therefore,theirrefusal to compromise was irrelevant for the purposes of compoundingthesaidoffence.Basedonthisreasoning,theLHCacceptedtheaforementionedcompromiseandsetasidetheconvictionsoftheaccusedunderSection302(b)ofthePPC.

This judgment of the Lahore High Court was then challenged in the Supreme Court of Pakistan, wherein leave to appeal was granted. While considering thematter, the Court observed that our criminal justicesystem provides for two regimes in relation to Qatl-i-amd: i)ofQisas;and ii)ofTa’zir.Both these regimesare derived from different sources, concern differentlegal provisions and provide for different evidentiarystandards. Given this understanding, the Court heldthatthequestionastowhocancompoundanoffenceof Qatl-i-amd depends on whether that offence fallsintotheformercategoryorthelatter.

InQisascases,theCourtheldthatSection310ofthePPCprovidesthatthewaliofavictimcanwaiveherrighttoQisas.Accordingtoestablishedprinciplesoflaw,waliisthepersonwhocaninheritfromthevictim.Andithasbeen repeatedly held, for the purposes of compounding a right toQisas, thatwali includesnotonly thedirectheirofthevictim,butalsotheheirsofherdirectheirs.This means that when a person is murdered, her wali canclaimtherighttoQisasorcancompounditunderSection310of thePPC.Furthermore, since this rightto compound is inheritable, therefore, upon the death of thewali, itdevolvesonherheirs,entitling themtocompoundvictim’sQatl-i-amd,eventhoughtheydonotdirectly inherit from her.

Incontrast,theCourtheldthattheTa’zirregimeworksdifferently.Underthisregime,asSection345(2)oftheCriminalProcedureCode1898provides,anoffenceofQatl-i-amdcanonlybecompoundedbythedirectheirsofthevictimandnooneelse.

With this reasoning, the Court observed that thepresent case is admittedly that of Ta’zir and not ofQisas. It involvesneither a confessionof the accusedbefore the Trial Court nor tazkiya-tul-shahood of thewitnesses. In absence of these two, the Court held, everycriminalcaseistobeconsideredacaseofTa’zir.And,inlightoftheprecedingreasoning,anoffenceofQatl-i-amdfallingunderthecategoryofTa’zircanonlybe compounded by her direct legal heirs and no one else. In this case, the only surviving legal heirs were the sonandthewifeofthevictim,whohadalreadyenteredinto a free and complete compromise with the accused persons.Inlightoftheforegoing,theCourtsanctionedthis compromise, dismissed the appeal and acquittedtheaccusedofthechargeofQatl-i-amdunderSection302(b)ofthePPC.

8.3 Muhammad Yousaf Vs. The State (PLD 2019 SC 461) [Hon’ble Mr. Justice Asif Saeed Khan Khosa, Chief Justice of Pakistan]

i) thewitness should specify the role of the accusedperson during identification: and ii) every accusedpersonshouldbeput toa separate test identificationparade.

The Court then concludedwith the observation that“a test identification parade and correct pointing outof an accused person by an eye-witness therein is not a substantive piece of evidence and failure to hold atest identification parade is not always fatal to theprosecution’scase.”


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The case relates to the very important historical and constitutional issue involving the status of Gilgit-Baltistan (GB) including the Powers, judiciary and therights available to its people.The key questions stemfrom the case were; (i) Would granting fundamentalrightsandastatus,roleandrecognitiontothepeopleof GB within the constitutional scheme of Pakistanprejudice Pakistan’s cause for the resolution of theKashmirdisputebysuchappropriatemeansasmaybeacceptabletoPakistan(whichcould,forexample,beaUnitedNationssanctionedandsupervisedplebiscite)?(ii)WhatrightscanbegrantedtothepeopleofGB?And(iii)IstheGBSupremeAppellateCourtaconstitutionalcourt?

The Court observed that “To answer the foregoing questions, it is pertinent to examine some of thecommitments made to the people of Jammu and Kashmir.TheirimportanceisenhancedbysomespecialprovisionsintheconstitutionsofbothPakistanandIndia.Theseconstitutionalprovisionsarenotonlyacontinuingreminder of those commitments but especially from Pakistan’s side most definitely and certainly reiterateitscommitmenttoapeacefulresolutionoftheKashmirdispute in accordancewith International Law and theaspirationsofthepeopleofKashmir.”

Historical background:

TheKashmirissue,startingasitdidinthedyingdaysoftheBritishRajanderuptingandescalatingintoadispute(andindeedarmedconflict)shortlythereafter,becameone of Partition’s defining moments. A process thatcould have produced two empowered, independent countries—countrieswith a shared history and hopesof a productive and cooperative future—insteadembroiled Pakistan in strife that it did not want and was not of its making. The origins of the dispute lay in the contrived (somemightevensaycoerced)accessionofKashmirtoIndiabytheHindurulerofaMuslimmajoritystate,whichwas contrary to the expectations of thepopulationandtothebasisprofessedtobepreferredby the British for accession by Princely States. Theresultant heroic uprising and resistance by the majority was but inevitable. Subsequent United Nations (UN)intervention recommended, and Pakistan and Indiaaccepted, a de-escalatory approach leading up to calls for a plebiscite to determine the wishes of the people oftheregion.SuccessiveSecurityCouncilResolutionsaskedtheUNtofacilitatea“freeandimpartialplebiscitetodecidewhethertheStateofJammuandKashmiristoaccede to India or Pakistan.”

Whatdoesrequireclarificationisthatthecommitmentto a plebiscite was, at least ostensibly, echoed also from Indianside,perhaps inanattempt tocalm theuproar

around theobvious injusticeofMaharajaHari Singh’salleged declaration of accession to India. Thus, thethen Prime Minister of India, Pandit Jawaharlal Nehru unambiguously committed himself to the plebiscitearrangement. His telegrams to the Prime Ministers of Pakistan and the United Kingdom (UK) sought tocreatetheimpressionthatanyIndianrecognitionoftheMaharaja’saccessiontoIndiawasonlyprovisionalandthatthequestionofthefutureofJammuandKashmir(i.e., whether as part of Pakistan or India) would bedeterminedby itsownpeopleafter therestorationoflaw and order.What, after all, could (at least facially)be more unambiguous than Mr. Nehru’s telegram tothe British Prime Minister, Clement Attlee where, inparagraph No.3, he committed that “I would like tomake it clear that the question of aiding Kashmir inthisemergencyisnotdesignedinanywaytoinfluencethe State to accede to India. Our view which we have repeatedlymadepublicisthatthequestionofaccessionin any disputed territory or State must be decided in accordance with the wishes of people and we adhere to this view.” This commitment of the Prime Minister of India was repeated and forwarded by the Prime Minister of Britain to the Prime Minister of Pakistan on 27thOctober,1947by stating that “Headds thathewould liketomake itclearthatthequestionofaidingKashmirinthisemergencyisnotdesignedinanywaytoinfluencetheStatetoaccedetoIndia.”

Mr.NehrucontinuedhisprotestationsofsupportingtherightoftheKashmiripeopletosodecidetheirfutureindirectcommunicationswithPakistan’s leaders.Thusinhis telegram of 28th October, 1947 to Mr. Liaquat Ali Khan,Mr.Nehrureiteratedthat:-

“In regard to accession also it has been made clear that this is subject to reference to people of State andtheirdecision.TheGovernmentofIndiahaveno desire to impose any decision and will abide by people’swishes.”

Similarly, in his telegram of 31st October, 1947 to the Prime Minister of Pakistan, the Prime Minister of India reassertedasfollows:-

“Our assurance that we shall withdraw our troops from Kashmir as soon as peace and order arerestored and leave the decision regarding the future of this State to people of the State is not merelyapledgetoyourGovernmentbutalsotothepeopleofKashmirandtotheworld.”

Mr. Nehru’s claims of sincerity in empowering thepeopleofKashmirtosodecidetheirfuturecontinuedunabated. In his telegram of 4th November, 1947 to the Prime Minister of Pakistan, Mr. Nehru declared, yet againthat:-

8.4 Civil Aviation Authority Vs. Supreme Appellate Court Gilgit-Baltistan (PLD 2019 SC 357 [Hon’ble Mr. Justice Mian Saqib Nisar]


“I wish to draw your attention to broadcaston Kashmir which I made last evening. I havestatedourGovernment’spolicyandmadeitclearthat we have no desire to impose our will on Kashmir but to leavefinal decision topeopleofKashmir.IfurtherstatedthatwehaveagreedonimpartialinternationalagencylikeUnitedNationssupervising any referendum. This principle we are prepared to apply to any state where there is a dispute about accession. ”

Mr.Nehru’sclaimsoffealtytotherightstotheKashmiriswereechoedbyhisgovernment’srepresentatives.TheIndian representative to the UN, Mr. GopalaswamiAyyangar,madeapolicystatementintheUNSecurityCouncil on 15th January, 1948 where he claimed that Indiadesired“onlytoseepeacerestoredinKashmirandto ensure that the people of Kashmir are left free todecide in an orderly and peaceful manner the future of theirState.Wehavenofurther interest,andwehaveagreed that a plebiscite in Kashmir might take placeunderinternationalauspicesafterpeaceandorderhavebeen established.”

It was on the basis of such assurances that the UNSecurityCouncilpassedresolutionson17thand20thJanuary, 1948 establishing the UN Commission forIndiaandPakistan(UNCIP).TheUNCIPwasdirectedtoinvestigate the facts and to report its advice.On6thFebruary, 1948, the Security Council made an appeal to bothpartiestoagreeonajustsettlementoftheKashmirproblem,toputanendtoviolenceandhostilitiesandto withdraw all regular and irregular forces who had enteredtheStatefromoutside.Theseresolutionsweresupplemented by a comprehensive resolution passedon 21st April, 1948 and the UNCIP’s resolutions of13th August, 1948 and 5th January, 1949. Truce was declared on 1st January, 1949. However, rather than adoptingtheprocessofdemilitarizationasenvisagedintheaforesaidresolutionsIndiahasmadetheareathatitholdsinKashmirasoneofthemostmilitarizedareasin the world.

We have taken the liberty of citing at length fromthe statements of the Indian leadership because it is important to understand that the concept of the internationalnatureof theKashmirdisputewasnotademand put forth merely by Pakistan. To the contrary, the repeated statements of Mr. Nehru make clear that the rightofself-determinationof theKashmiripeoplewasarightacknowledged,promotedandcommittedtobytheGovernmentofIndiaaswellastheGovernmentof Pakistan and embraced and sanctified by theinternationalcommunitythroughtheUN.

Commitments of this nature ought to be inviolable. Pakistan has certainly not resiled from its commitments —whethertothepeopleofKashmirortheinternationalcommunity. However, and this is a sad but hard reality,

despite the passage of seven decades the promised plebiscitehasyettobeheldandtheterritoryofKashmircontinues to remain divided—Jammu and Kashmirunder the Indian Constitution, increasingly subsumedinto India (hereinafter referred toas “IndianOccupiedKashmir”or “IOK”)on theonehand,and theStateofAzad Jammu and Kashmir (hereinafter referred to as“AJK”)andtheterritoryofGBontheother.

Over the decades the trajectories of the divided region havediverged.ThepartunderPakistan’sadministrativecontrol(i.e.,GB)—subjecttothewritoftheConstitutionof the Islamic Republic of Pakistan, 1973 (theConstitution)—andthatalignedwithPakistan(i.e.,AJK)have progressed (though perhaps not as swiftly or asmuchasPakistaniswouldhavedesired)andremainedlargely at peace, while the portion of Kashmir underIndian control has been convulsed with resistance and rebellion—expressions of popular sentiment thathave been met with ever worsening repression and suppression.

Conclusion:

TheCourtagreedwiththeconclusionsoftheCommittee(i) thatthere isaneedforfurthersubstantivereformsto enhance the participation of GB’s citizenry ingovernance;and(ii)thatinnowayandatnopointshouldthe proposed reforms prejudice Pakistan’s principledposition regarding the status of Kashmir. Indeed, thelatterpointisofcrucialimportanceandmustguideandinformanyandallrecommendationsregardingreformsinGB.Itwas,however,observedthattheCourtiscognizantofthe fact that nothing this Court recommends or orders shouldaffectthenatureandstatusoftheKashmirissue.It iswithin this light thatwehave reflectedupon therecommendations of the Committee with great care.Wealsorecognizethatsomeoftherecommendationsmay require Acts of Parliament and even amendments to the Constitution. At the same time, we have alsobeencomfortedby the fact that theCommittee itselfwas acutely aware of the sensitivities of the issuebeforeit,andprovideditsrecommendationsonlyafterconsidering their implications, if any, on the status ofthe Kashmir dispute. … … As a responsible memberofthecomityofnationsPakistanremainsawareof itsobligations in such terms.As andwhen thepromisedplebiscite isorganizedbythepartiestothedispute, itwillbeuptothepeopleofallofJammuandKashmir,andofGB, tomake their choice.Till then, it is surelyincumbent upon both India as well as Pakistan to ensure thatthepeopleofthisregionenjoymaximumrightsforareaswithineachcountry’scontrol.Therefore,tillsuchtime that theplebiscite isheld, aproperarrangementmustbeprovidedforbyPakistanforthepeopleofGBfor purposes of governance within a framework of a constitutional nature, including most importantly theenjoyment of fundamental rights.


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The genesisoftheissuesraisedintheinstantmatterliesintherealitythatintoday’sdayandageinformalcustom-driven parallel legal systems in the form of ‘council of elders’ or ‘kangaroo courts’ exist in thetribal areas, particularly in thenorthof theProvinceofKhyberPakhtunkhwa(KPK),andinsomeruralareasofKPK,Punjab,SindhandBalochistan.TheNationalCommissionon theStatusofWomen (NCSW)alongwiththeotherhumanrightsactivistsfiledthepetitionunder Article 184(3) of the Constitution seekingdeclarations and directions from this Court on thelegalityofjirgas/panchayatsetc.prevalentinPakistan,thereby challenging their operation as adjudicatingbodies awarding judgments, executing punishmentsand deciding family, civil, criminal and other disputes.

Therefore the key question arising from the instantconstitution petition is that whether, to the extentthat these informal village or tribal gatherings act as courts in the form of jirgas/panchayats, etc.they are illegal under the law in place read with the international commitments made by Pakistan undervarioustreaties/conventions?

TheCourtheldasunder:-

i. The operation of jirgas/panchayats etc. violatesPakistan’s international commitments underthe UDHR, ICCPR and CEDAW which place aresponsibility on the State of Pakistan to ensure that everyone has access to courts or tribunals, are treated equally before the law and in all stages of procedure in courts and tribunals;

ii. The manner in which jirgas/panchayats etc.functionisviolativeofArticles4,8,10-A,25and175(3)oftheConstitution;

iii. Jirgahs/panchayatsetc.donotoperateundertheConstitutionor anyother lawwhatsoever to theextent that theyattempttoadjudicateoncivilorcriminalmatters;however,theymayoperatewithinthepermissible limitsof the law to theextentofacting as arbitration, mediation, negotiation orreconciliationforumsbetweenparties involvedina civil dispute who willingly consent to the same;

iv. Since no individual or persons in the name of a jirga/panchayat or under any other name canassumethejurisdictionofacivilorcriminalcourtwithout any lawful authority; any order, decision or adirectionissuedbyanysuchindividualorgroupof persons is hereby declared illegal and against thespiritoftheConstitution;

v. The law enforcement agencies all over Pakistan

are duty-bound to be vigilant and ensure that if any crime has gone unreported, they of their own accord file FIR(s) with regard to the same andinitiatetheprocessofinvestigation;

vi. If as a consequence of any illegal decision, order, direction or inducement of such self-appointedadjudicatory bodies any crime is committed, theoffender as well as the individual or group ofpersons involved in aiding such jirga/panchayatetc. shall be jointly held responsible for the said offence and must be proceeded against inaccordance with the law;

vii. The police must ensure compliance with the general guiding principles laid down in paragraph No.14 of this judgment and standard operatingprocedures (SOPs) must be introduced by themwithin two months from the date of announcement of this judgment which should be circulated throughout the country with a compliance report to be submitted to this Court at the end of thetwo-month period;

viii.Afterthe25thAmendment,alltheresidentsoftheProvinceofKPKaresimilarlyplaced, there isnorationalbasisonwhichthepeopleofFATAcanbedistinguishedfromthepeopleoftherestoftheprovince of KPK and thus the application of theFATAInterimRegulationtoonepartofKPKwhilethe rest of the province enjoys the protectionof the provincial laws is absolutely unjustified,grosslydiscriminatoryandincontraventionofthefundamentalrighttoequalprotection;

ix. On grounds of discrimination which cannot bejustified under any reasonable classification andthe law laid down in Azizullah Memon’s case(supra),theFATAInterimRegulationisdeclaredasultraviresonthetouchstoneofArticles4,8,25,175and203oftheConstitution;and

x. The Government of KPK is granted six monthsfrom the date of announcement of this judgment for the development of infrastructure to take steps to spread a uniform system of courts of ordinary jurisdiction in KPK, mandating the local lawenforcement agencies to ensure that the rule of lawisobservedbyreducingjirgas/panchayatsetc.to arbitration forums which may be approachedvoluntarilybylocalresidentstotheextentofcivildisputes only.

8.5 National Commission on Status of Women Vs. Government of Pakistan through Secretary Law and Justice (PLD 2019 SC 218) [Hon’ble Mr. Justice Mian Saqib Nisar]


On19.03.2014,anotificationissuedbytheGovernmentof Sindh pursuant to the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974,alteredthequalificationsrequiredtobeappointedtothepost of Executive Engineer (BPS-18).The notificationprovided, inter alia, for a 13% promotion quota fordiplomaholdersanda7%promotionquotaforB.Tech(Hons.)degreeholders.

ThePetitioner,whowasservingasanAssistantEngineer(BPS-17), challenged this notification on the groundsthatthepostofExecutiveEngineer(BPS-18) involvedpurely professional engineering work and hence, could only be performed by a professional engineer who holds anaccreditedengineeringqualification,asprovidedbythe Pakistan EngineeringCouncilAct, 1975 (ActV of1976)[thePECAct].

Writing for theCourt,Mr.JusticeGulzarAhmedheldthat while the Diploma or B.Tech (Hons.) were notaccreditedengineeringqualificationsunderthePECAct,thisinitselfdidnottakeawayfromtheGovernments’discretionaryauthoritytodecidepolicy.

TheCourtobserved:

20. Further, the main principle that is deductible from the above judgments of this Court is that it is the domain of the Government to decide whether a particular academic qualification of a civil servant/ employee is sufficient for promotion from one grade to another higher

grade and whereas it is in the domain of the Pakistan Engineering Council to decide whether a particular academic qualification can be equated with another academic qualification but it has no power to say that the civil servants/employees holding particular academic qualification cannot be promoted from a particular grade to a higher grade. Thus on the basis of above pronouncements of this Court, it is clear that the notification dated 19.03.2014 cannot be validly or justifiably challenged on the ground that it impinges or infringes upon any of the provisions of PEC Act and thus would be ultra vires. No such finding can justifiably be recorded in that as it has been laid down quite empathetically emphatically that the government exercises its own power under the domain of law with regard to promotion of civil servants/employees under Sindh Civil Servants Act, 1973 and Rules made thereunder while PEC Act does not overreach or put an embargo upon the government in the matter of prescribing of qualification and other conditions of service of civil servants/employees for their-promotion to higher grade…

Thepetitionwasthus,dismissedwithanoteofcautionthat “government shall not allow or permit any person to perform professional engineering work as defined in the PEC Act, who does not possess accredited engineering qualification from the accredited engineering institution and his name is not registered as a registered engineer or professional engineer under the PEC Act”.

8.6 Maula Bux Shaikh and others Vs. Chief Minister Sindh and others (2018 SCMR 2098) [Hon’ble Mr. Justice Gulzar Ahmad]


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8.7 Justice Muhammad Farrukh Irfan Khan, Judge, Lahore High Court, Lahore Vs. Federation of Pakistan (PLD 2019 SC 509) [Hon’ble Mr. Justice Sh. Azmat Saeed]

Constitution Petition under Article 184(3) of theConstitutionofIslamicRepublicofPakistan,1973wasfiled by the Petitioner, a sitting judge of the LahoreHigh Court, Lahore, against order dated 26.11.2016 whereby the then Chief Justice of the Lahore HighCourthadre-fixed inter-seseniorityofthepetitionerand some other judges of the Lahore High Court including Respondents No. 3 to 5.

Brieflystatingfactsofthecasearethatthepetitionerand twenty one (21) other personswere appointedasAdditionalJudgesoftheLahoreHighCourtbythePresidentandinsuchbehalfaNotificationdated17-02-2010 was issued. On 19.02.2010, the then Chief Justice of the Lahore High Court had administeredthe oath to 21 out of the 22 Additional Judges ofthe LahoreHigh Court. The Petitioner at that pointof timewas not in the country and could not reachPakistan for the oath scheduled for 19.02.2010 and as perhiscasethethenChiefJusticeoftheLahoreHighCourt was informed accordingly. Therefore, he was administered the oath of his office the next day on20.02.2010.Thereafter,certainJudgesoftheLahoreHighCourt(‘therespondents’)madearepresentationto the thenChief Justice of the LahoreHighCourt,claimingthattheywereseniortothepetitionerastheirinter-se seniority should be reckoned from the date when thepetitioner and the said respondentsmadetheir respective oaths. Chief Justice vide impugnedorder accepted the representation of respondentsand re-fixed their inter-se seniority by holding thatrespondents were senior to the petitioner. Primarybasis of such an order was that the petitioner hadenteredhisofficebymakinghisoathon20.02.2010,while respondents hadmade their oath of office on19.02.2010.

Itwas,interalia,contendedonbehalfofthepetitionerthat he had been condemned unheard and two judges (whohadsinceretired)hadalsofiledaffidavitshavingwaived off their right, if any, to seniority qua thepetitionerandtheseniorityofthepetitionerwasfixedwith the consent, moreover, the respondents had not raised the issue for years, hence had acquiesced to theseniorityofthepetitioner.Herelieduponthecaseof the Muhammad Aslam, Advocate Supreme Court Vs. Federation of Paksitan and others (2014SCMR1289)and contended that inter se seniority of the judges of the High Court would be reckoned from the date of appointment asAdditional Judges and not from the

date of oath.

It was contended by additional Advocate General,Punjab, that thespiritofArticle193and194of theConstitution was that an appointment of a personas a judge of the High Court was completed only upon his making an oath. He further contended that as perNotification of appointment the appointmentalso takeseffect from thedate,when thepersonsoappointed makes an oath and the judgment in the case of Muhammad Aslam (supra) was being mis-interpreted. He relied on the cases of Supreme Court Bar Association Vs. Federation of Pakistan (PLD 2002SC939),Sabir Ali Sajid Vs. Muhammad Maqsood (PLD2006Lahore607),Winters Vs. Kiffmeyer (No.C8-02-1180)aswellasarticleThe appointment and Removal of William J, Marbury and When an Office vests(89NotreL.Rev.199).Thesecontentionswerealsosupportedby the learned counsel appearing on behalf of private Respondents No. 3 to 5.

It was held by this Court, that the plain reading of Article 194 of the Constitution suggested that apersonwas not, in fact, or in law a Judge until andunlesshemadehisoathintermsofArticle194oftheConstitution.ItwasalsoobservedthattheschemeoftheConstitution suggested thatwhere anOffice fora fixed period envisaged a pre-condition of makingan oath, such period would commence under the Constitutional dispensation from the datewhen theoathwasmade. Perusal of the notificationwherebytheJudgesinquestion,includingthepetitioner,wereappointed by the President as Additional Judges ofthe Lahore High Court revealed that the same did not have the tone and tenor of an appointment in praesenti; it didnot state that the appointmentwas“withimmediateeffect”orthatthePresident“herebyappoints”suchpersonsastheAdditionalJudgesofthe(Lahore)HighCourtandthesaidappointmentsweretotakeeffectwhenthesaidAdditionalJudgesmadetheiroaths,thus,itwastheintentionoftheappointingauthority that the appointment of the petitioner aswellastheotherAdditionalJudgeswouldtakeeffectfrom the date when they made their oaths before the Chief Justice of the Lahore High Court. No doubt,the petitioner hadmade his oath on the 20.2.2010while the respondents had made their oaths on 19.2.2010, therefore, the respondents were senior to thepetitionerhavingbeenappointedearlier.


8.8 Pakistan International Airlines Corporation and another Vs. Zaeem Aziz Qureshi and another (2018 SCMR 1944) [Hon’ble Mr. Justice Mushir Alam]

Two Civil Appeals arose out of the a common judgment passedbyDivisionBenchoftheHighCourtofSindh,Karachiwherebycompulsoryretirementonthebasisof financial impropriety under the Removal fromService (Special Powers) Ordinance (XVII of 2000)(RSO, 2000) of the respondent (before SupremeCourt)wassetasidebytheHighCourtwhilethatofappellant of another appeal was upheld by the High Court.

The High Court had set aside the order of compulsory retirementoftherespondentonthegroundthatthatin accordance with the RSO, 2000 the competent authority is not bound to follow the report of the inquiryofficerwhichintheverytermoftheprovisionisofrecommendatoryinnature.Therecommendations,inviewofsections3,5and8oftheOrdinancecannotbe construed to be binding upon the competent authority Learned Bench of the High Court, while attending to objection as to non-signing of order ofcompulsory retirement by Chairman, CEO of PIACbeing the competent authority and the effect ofminutes of meeting of Employee Leadership Team(ELT)hadobservedthattheprovisionsofRSO2000were meant to provide measures inter alia dismissal, removal etc. of certain persons from government service and corporation service with the intentionto provide speedy disposal of some cases and the mattersconnectedtherewithorancillarythereto.Thisspeciallawwascraftedforspecialpurposesinwhichaninternallyconstituted“EmployeeLeadershipTeam”(ELT)wasforeignandunfamiliar.Whileexercisingthepowers under RSO 2000, the authority was obliged to follow the letters of law in its true fundamentalnature and perspective. The compulsory retirementorder cannot be defended on the premise that since the Chairman/CEO of PIA was present in the ELTmeeting therefore, there was no need to sign thecompulsory retirementorderbyhim.TheRSO2000itself provided complete procedure and mechanism sincetheinceptionofinquirytilldismissalorremovalform service, therefore, the compulsory retirementorder was not issued by the competent authority

and consequently compulsory retirement order wasset aside holding that it was issued by incompetent personinviolationofsection8ofRSO,2000.

The Supreme Court of Pakistan held in appeal that in the present case, the Managing Director’s orderdismissing the respondent from the service was admittedlyratifiedbytheBoardofDirectorsandtheBoardofDirectorsunquestionablyhadthepowertoterminate the services of the respondent. Further observed that since the order of the Managing DirectorhadbeenratifiedbytheBoardofDirectors,thereforesuchratificationrelatedbacktothedateofthe order and validated it.

Supreme Court of Pakistan observed that since PIAC is a corporate entity, the right of hearingwithin thecontemplationofsubsection(2)ofsection3ofRSO,2000 was accorded by the competent authority. The decision was also taken by the Chairman and CEO though in presence of the other members of the Board of Directors, such minutes are duly singed by theChairman and CEO and even otherwise independently also Chairman of the Appellant-Corporation hadendorsed thedecisionof the compulsory retirementoftheRespondent;whichisasubstantialcomplianceofsubsection(1)ofsection3ofRSO,2000.LearnedBench of the High Court fell into error while drawing conclusion that no independent decision was taken by the Chairman and CEO. Accordingly, such conclusion is set aside and the Civil Appeal is allowed.

In another Appeal wherein the appellant had impugned the judgment of the High Court for validating hiscompulsoryretirementorderonthebasisoffinancialimpropriety, the Supreme Court of Pakistan had observedthattheveryfactthatfinanciallosscausedto the corporationwas recovered from appellant, issufficient to show that the allegation of financialimpropriety was not all together without subsistence. Accordingly, no exception to the conclusion drawnby learned Bench of the High Court is called for. Therefore, the Civil Appeal is dismissed.


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This petitionwas filed by the Pakistan Bar Council(“PBC”) under Article 184(3) of the Constitutionseeking enforcement of the judgment of the Supreme Court rendered in Pakistan Bar Council v. The Federal Government and others (PLD 2007 SC 394) (“PBCjudgment”)wherein theCourtconsidered thematterof declining standards of legal education and themushroom growth of substandard law colleges in the country.

As the PBC judgment was not being implemented, this Court vide order dated 21.01.2018 constituteda Special Committee for Structural Reforms inLegal Education.The Special Committee and all fiveCommissions,madethereunder, thereafter inspectedaffiliated law colleges that had mushroomed inthe market and to report on the standard of legal education, training and services imparted by them.Basedonthefindingsoftheseinspections,theSpecialCommittee of the PBC submitted its report to theCourtcontainingrecommendationsforadvancingtheobjectofuplifting thestandardof legaleducation inthe country.

While deciding the case, the Court observedthat “Rule of Law is a fundamental principle of any democratic society and in our legal system, it is the bedrock of the Constitution. The Judicature is entrusted with the constitutional duty to enforce the Rule of Law and to safeguard the Constitution. The Courts in our country resolve disputes in accordance with the Constitution and the substantive and procedural laws framed thereunder. The system on the whole flourishes by positive and productive cooperation between the Bar and the Bench for ascertainment of the truth and decision of controversies according to the relevant and applicable law. An independent, competent, honest and industrious Judicature requires an equally independent, dynamic, honest and dedicated Bar in order to effectively provide justice in accordance with law to all members of the society. … One of the principal causes of decline in the standard of legal education is due to proliferation of substandard law degree awarding institutions that are motivated solely by commercial considerations rather than academic excellence. … New entrants into the profession require guidance from the expertise, skill and experience of senior members of the Bar to imbibe legal skills and professional ethics. … The omission of this crucial training period therefore, adversely affects the professional development of qualified new entrants. … Once young professionals are admitted to the Bar, it is

necessary that they continue to evolve, learn and improve their skills and knowledge to maintain consistency with a progressing legal environment.”

The Court finally gave detailed directions whichincludethefollowing:

(a) Restoration of Bar Entrance Examination [LawGraduateAssessmentTest(LAW-GAT)].

(b) Test for Entry to Law College (Law AdmissionTest)(LAT).

(c) Ban against conducting LL.M. and Ph.D. in lawclassesbytheUniversities/Colleges/institutionsthat are not allowed to hold LL.B. classes.

(d) LimitonadmissiontoLL.M.andPh.D.programmesin law and ban on mushroom admissions to these programmes as per criteria of HECP.

(e) Designing of Curriculum for five year LL.B.Programme - annual and semester. Ban on admission to 3 year LL.B. programme and holding ofeveningclassesColleges/Universities.

(f) Qualificationoffaculty(permanentandvisiting)atlaw colleges.

(g) Introductionof Special EquivalenceExaminationfor Law Graduates of foreign universities (byHECP).

(h) BarVocationalCourse.(i) Allocation of Funds in Federal and Provincial

Budgetsforpromotionoflegaleducation.(j) Salary package and payment of non-practicing

allowance for permanent members of law faculties.

(k) Assessment/EvaluationofExamination.(l) Establishment of autonomous Secretariat/

Directorate of Legal Education in the PakistanBarCouncil,andConstitutionofImplementation/MonitoringCommitteeand

(m) Immediate closing down of unauthorised law colleges, Disaffiliation of sub-standard lawcolleges.

8.9 Pakistan Bar Council through Chairman and others Vs. Federal Government through Establishment Division and others (2019 SCMR 389) [Hon’ble Mr. Justice Umar Ata Bandial]


FawadQayum(“Fawad”)filedasuitseekingdirectionsthatthedefendant,LailaQayyum(“Laila”),wasnothisreal sister but was adopted by his parents and as such shehadnorighttohisparents’legacy.ThesuitwasfiledwhenLailawasnineteenyearsofage.Fawadalsofiledan application seeking deoxyribonucleic acid (“DNA”)test to be conducted by comparing Laila’s DNAwithhisandtheDNAofhisothersiblingsandmother.Thefather of Fawad had passed away. Fawad also sought the cancellationoftheeducationalrecordandtherecordofNADRAwhichshowedLailatobethedaughterofthelateAbdulQayyum.

It was held that Fawad did not have the requisite legal character under section42 of the Specific ReliefAct, 1877 to seek such declaration because he was

not seeking a declaration with regard to his ownlegal character nor asserted it, but instead had denied the parentage of Laila. It was also held that in terms of section 39 of the Specific Relief Act Fawad couldnot seek the cancellation of documents as theircontinuancedidnotcause him serious injury, which was therequirementofthesaidsection.Referencewasalsomade to Article 128 of the Qanun-e-Shahdat Order,1984 which had held that a child born within the period mentioned in Article 128, “shall constitute conclusive proof of his legitimacy”.ConductingaDNAtestwasalsodisallowed as a free lady could not be compelled to give asampleforDNAtestingasitwouldviolateherliberty,dignityandprivacy,thus,contraveneArticle14oftheConstitutionofIslamicRepublicofPakistan.

A recently formed political party, Tehreek-e-LabaikPakistan (“TLP”), had occupied a road junction(interchange) known as the ‘Faizabad Interchange’,a main entry-exit point to the Pakistan’s capital,Islamabad, and its fourth largest city, Rawalpindi. This occupation or dharna effectively paralyzed the citiesof Islamabad and Rawalpindi. Lawyers too could not attend Court and itwas during the submission of anadjournment application that this Court invoked itspowersunderArticle184(3)oftheConstitutionoftheIslamicRepublicofPakistan(“the Constitution”).

The scope of Article 184(3) was discussed and thestipulatedtwopreconditions,thatisthe matter being one of public importance and pertaining to the enforcement of fundamental rights. Itwas determined that thematterwas one both of public importance and also one of the enforcement of fundamental rights, including Articles9,10A,14(1),15,18,23and25A. Itwas found thatTLP was pursuing a non-issue purely for publicity and political gains and had sowed discord and dissensionin doing so. It also resorted to mob-rule, rioting andthe destruction of property.The right to protestwasrecognizedprovided it remainedpeaceful anddidnotinfringe the fundamental rights of others and that a road could not be used as a camping ground or to

assemble on it indefinitely. Election Commission ofPakistan had also not properly considered the manner inwhichtheTLPwasregisteredasapoliticalpartyaswell as the sources of its funds. Pakistan Electronic MediaRegulatoryAuthority (“PEMRA”)wasfoundnottohave taken actionwith regard to those advocatingor inciting commission of an offence on its licensedtelevision channels. PEMRA had also failed to ensure that the broadcast of its license holders was available throughout Pakistan and was not interrupted. In this regard it was held that the intelligence agencies (IB,ISI andMI)hadnoauthority to interfere inbroadcastand publications. It transpired that the intelligenceagencieswerefunctioningwithoutthecoverofanylaw,therefore it was held that, “it would be appropriate to enact laws which clearly stipulate the respective mandates of the intelligence agencies”. Reference was also made to theprescribedoathintheConstitutionwhichmembersof the armed forces take which prohibits them from engaging in any political activity or supporting anypoliticalparty,factionorindividual.Itwasalsodirected,“The Government of Pakistan through the Ministry of Defence and the respective Chiefs of the Army, the Navy and the Air Force are directed to initiate action against the personnel under their command who are found to have violated their oath”.

8.10 Mst. Laila Qayyum Vs. Fawad Qayum (PLD 2019 SC 449) [Hon’ble Mr. Justice Qazi Faez Isa]

8.11 Suo Motu Case No. 7 of 2017 (PLD 2019 SC 318) [Hon’ble Mr. Justice Qazi Faez Isa]


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The Supreme Court declared the transfer of Sheikh Zayed Medical Complex, Lahore (“SZMC”), JinnahPostgraduateMedicalCenterKarachi(“JPMC”),NationalInstituteofCardiovascularDisease,Karachi(“NICVD”),NationalInstituteofChildHealth,Karachi(“NICH”)andNationalMusueam of Pakistan, Karachi (“NMP”) fromthe Federation to the Provinces as unconstitutional,withoutlawfulauthorityandofnolegaleffect.

Majority view (by Hon’ble Mr. Justice Ijaz ul Ahsan)

The constitutive instruments including the trust deedthrough which SZMC was established, clearly provided that the main purpose for setting up the SZMCwasfor research and for the professional and technical trainingofdoctorsandrelatedmedicalstaff.Thatbeingthe case there was no doubt that SZMC was covered underEntryNo.16oftheFederalLegislativeList.Itwasfurther found that the SZMC had been transferred by the Federal Government without due application ofmind,examiningtheconstitutionalpositionandwithoutfollowing the necessary legal procedures.

ItwasalsofoundinthecasesofJPMC,NICVD,NICH,and NMP complete lack and absence of applicationofmind on the part of the FederalGovernment.Therequisite legal procedures were not followed. The real intent, import and impact of the 18th ConstitutionalAmendment was ignored and misinterpreted.

A declaration to the effect that the aforenotedinstitutions had been transferred by the FederalGovernment to the Provinces without following dueprocessof lawdoesnotbyanystretchof imaginationimpinge upon the provincial autonomy granted by the Constitution.

The Federal Government through the contents ofEntryNo.37oftheFederalLegislativeListareallowedto undertake projects in any of the Federating unitsfor its purposes. However, in such circumstances, the provinceshavefullauthoritytoperformtheexecutiveand regulatory function. They can enact and enforcelegislation involving such projects and implement andenforce the same within its territorial limits.

Thepowerofthefederationtosetup,runandoperateprojectsincludinghospitalsandrelatedresearchfacilities

where enforcement of fundamental rights is involved isanobligationof theFederalGovernmentunder theConstitution. To curtail or circumscribe the power oftheFederalGovernmenttoenforceFundamentalrightsguaranteedbytheConstitutionwouldbeanathemaforthe concept of Federalism.

Accordingly,thetransferoftheaforenotedinstitutionswasfoundtobeunconstitutional.

Minority view (by Hon’ble Mr. Justice Maqbool Baqar)

TheessenceofaFederalConstitutionisthedistributionof legislative powers between the federation and theprovinces. The subject of public health and public hospitalshasthroughoutourlegislativehistoryremainedexclusivelywith theprovinces.The1973Constitutionwhich contains only one legislative list which is the“federal legislative list”, also confers such powers andauthorityonprovinces,as thesameagaindonotfindplace in the federal list, and therefore subjects of public health and public hospitals fall within the legislativecompetence and executive authority of the provincesonly.

Federal Legislative List EntryNo.37mentions “works,land and buildings” vested in the federal government forthe“purposes”oftheFederationasfederalsubjects,however, such property and assets should be catering for federal purposes and not for those of the provinces ,andpublichealthandpublichospitalexclusivelybeingprovincial subjects .

The relevance and significance of the “purpose”attributed to a property and/or assets evidentfrom the provisions of Article 247 of the presentConstitutionwhich provides that all propertieswhichon the commencement of the constitution, vestedin the federal government shall, in case they, on the commencing day, were used for the “purposes” of a provincialgovernment,shallbecomepropertiesof thesaid provincial government.

In order to maintain and preserve the federal nature of ourConstitution,oureffortshouldbeto interprettheconstitutionalprovisionssoastopreservetheprovincialautonomy rather than to dilute the same.

8.12 Government of Sindh through Secretary Health Department and others Vs. Dr. Nadeem Rizvi and Others (2019 SCMR 556)


The case dealtwith the confines of the provisions ofAnti-TerrorismAct, 1997 (ATA) and inwhat situationtheActcanbeapplied.Thecruxofthesubjectmatterrevolved around a dispute over private property which led to 26 persons (including the respondent) firingindiscriminately,ultimatelyleadingtoonecasualtyfromfirearminjuries.

AnFIRwaslodgedunderSections302,324,427and147PPCandduringtheinvestigationstage,achargeofSection7of theAnti-TerrorismAct,1997wasadded.The question posited before the Courtwas:whethertheactionsof the respondenthadhampered thedueprocessoflawasperSection7ofATA?

Itisinterestingtonotethatintransferenceofthecasefrom theAntiTerrorism Court to a court of ordinaryjurisdiction, it was henceforth decided that thePreamble of the Act, 1997 laid out clearly the provision that the Act was promulgated for causes pertaining to thepreventionofterrorism,sectarianviolenceandforthespeedytrialofheniousoffences.Thus, incasesofterrorism, it becomes pertinent that themens rea betaken with such a cause so as to accomplish the act of terrorismthroughthecarryingoutofterroristactivitieswhichattempttohamperstateactivitiesatlarge.Itwasfurtherheldthattheterm“design”fromSection6ofthe

Act can be used to consider the scheme and purpose of theact,inthemindoftheaccused.Sincesuchpretextis missing in cases of personal enmity, it is argued that ATA should cease to apply to such cases.

Having taken into account all relevant case law, the court in this case proceeded to decide that in order to establishwhethertheprovisionsofSection7ofATAareapplicable in a relevant case the courts are required to mark as prerequisites the following;Was the terroristact such that it would have a tendency to create a sense offearandinsecurityinthepublicatlarge?Sincefactsvary from case to case, the court shall form this opinion afterathoroughevaluationofthefacts,circumstancesand material collected by the police.

As of right, underArticle 4(1) of theConstitution ofPakistan,1973, itwasheldthateverycitizenis“tobetreated in accordance with the law” and thus if a person is found to be triable under ordinary penal law, then subjectinghimto‘speciallaw’-suchasisnotapplicabletohim-isaviolationofhisfundamentalrights.

Conclusively, the case was seen to decide that cases of personal enmity should not fall under the purview of Anti-terrorismAct.

ThecaseconcerneddisqualificationofamemberoftheNational Assembly. It was alleged that the petitionerin this case whilst holding public offices in PakistancontinuedtoserveaUAEbasedcompanyasitsfulltimeemployee and failed to disclose his sources of income. The IslamabadHighCourt in a constitutional petitiongranted a writ in nature of quo warranto in favour of respondentNo.1anddisqualifiedthepetitionerunderArticle62(1) (f)oftheConstitution.Aggrievedbythedecision of the High Court, the petitioner filed theinstantpetition.

Thecourt in thepresent caseexamined the scopeofArticle62(1)(f)oftheConstitutioninmattersrelatingtofailureofanelectedmemberoftheNationalAssemblyor a Provincial Assembly to declare his assets in his nomination paper. Having considered the proviso indetail the Court reached the conclusion that in absence of dishonesty or an element of bad intention with

regardtoanundeclaredasset,Article62 (1) (f)of theConstitutioncannotbeinvokedtodisqualifyanelectedmember for life. The Court considered the relevant case laws and material on record and held on merits that the petitionerwasnotafull-timeemployeeofthecompany;therewas no conflict of interest nor anywrongdoingassociatedwith any asset belonging to the petitionerhas been established; the petitioner’s declaration offoreign salary as one of his sources of income under the foreign employment contract was a part of the record, hence the Court held that it was not a case of non-disclosure of a source of income.

Consequently,thecourtallowedthepetitionandheldthat the decision of the High Court in disqualifying the petitioner underArticle 62 (1) (f) of the Constitutionwas not sustainable in law therefore no case was made out to issue a writ in the nature of quo warranto.

8.13 Province of Punjab through Secretary Punjab Public Prosecution Department and another Vs. Muhammad Rafique and others (PLD 2018 SC 178) [Hon’ble Mr. Justice Sardar Tariq Masood]

8.14 Khawaja Muhammad Asif Vs. Muhammad Usman Dar & others (2018 SCMR 2128) [Hon’ble Mr. Justice Faisal Arab]


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Inthiscase,thepetitionersfiledaconstitutionpetitionagainstthemannerinwhichtheRoyalPalmGolfClubwas leased out, the establishment and administrationof the new club, the increased membership fees and the utilization of the funds thus generated.The club,which was originally intended for the use of Railway employees, had been leased out in perpetuity to a consortium comprising of Respondent Nos. 14, 15and16,afterabiddingprocess.Allegationsofdelayedpayments,losstothePakistanRailwaysandthenationalexchequer, questionablepracticesduring the contractaward phase and non-transparent utilization of largesums of money were levelled.

The Honourable court heard the case over a considerable numberofhearingsandafterlengthyarguments,orderswere passed, and directions given. The orders of theHighCourt,passedduringthependencyofthismatter,regarding the running of the Club, were overridden and themanagementwashandedovertoA.F.Ferguson&Co.

The court addressed the question of whether it hadthe power to take cognisance of Contracts, such as the agreement in the present case by which the club was leased,underitsArticle184(3)powers.Upholdingthepower of Judicial Review, the Court cited a plethora of judgments and summed up the powers of Judicial ReviewunderArticle184(3)oftheConstitutionas:

“i. Acts or omissions on the part of State functionaries reflecting violation of mandatory provisions of law or the rules framed thereunder;

ii. Breaches of contracts which do not entail examination of minute/disputed questions of fact committed by public functionaries involving dereliction of obligations flowing from a statute, rules or instructions;

iii. Public functionaries must exercise public authority, especially while dealing with public property, public funds or assets, in a fair, just, transparent and reasonable manner, untainted by mala fides or colourable exercise of power for ulterior motives, without discrimination and in accordance with law, keeping in view the constitutional rights of the citizens, even in the absence of any specific statutory provisions setting forth the process in this behalf;

iv. Interference with the decision-making process is warranted where it is vitiated on account of arbitrariness, illegality, irrationality and procedural impropriety or where it is actuated by mala fide;

v. Governmental bodies powers to dispense and regulate special services by means of leases, licences, contracts, quotas, etc., are expected to act fairly, justly and in

a transparent manner and such powers cannot be exercised in an arbitrary or irrational manner;

vi. Public funds, public property, licenses, jobs or any other government largesse is to be dealt with by public functionaries on behalf of and for the benefit of the people;

vii. Scrutinize matters where public money is being expended through procurement or public property is being sold, so as to ensure that transactions by the Government are undertaken and contracts executed in a transparent manner, legally, fairly and justly without any arbitrariness or irrationality and public money and public property is not squandered or stolen;

viii. The presence of elements such as personal solicitation and personal influence in the procurement of contracts directly leading to inefficiency in the public service and to unnecessary expenditures of the public funds;

ix. All agreements for pecuniary considerations to control the business operations of the government, or the regular administration of justice, or the appointments to public offices, or the ordinary course of legislation, are void as against public policy, without reference to the question, whether improper means are contemplated or used in their execution;

x. If material changes are brought about in agreements subsequent to the bidding to benefit a particular party, this will in fact negate the notion of a fair and open competitive bidding process; and

xi. Courts should ordinarily refrain from interfering in the policy making domain of the Executive or in the award of contracts and should not substitute its decision for that of the latter unless the acts or omissions smack of arbitrariness, favouritism and a total disregard of the mandate of law.”

Basedonadmitteddocuments,thecourtfoundvariousillegalities, procedural improprieties and violationsof well-established principles of due process and transparency in the bidding. The court while allowing the constitution petition declared and directed theagreement by which the land was leased as null and void ab initio, the land to be returned to Pakistan Railwaysalongwithallassets,A.F.Ferguson&Cotobe appointed receiver and held indemnified, AuditorGeneralofPakistantoconductaForensicAuditoftheClub and determine amount owned by Pakistan Railways totheconsortiuminadditiontobenefitsderivedbytheconsortium, a fresh tender to be floated by PakistanRailways, theClub to continue running, allClubbankaccounts to be handed over, proceedings before the accountabilitycourttocontinue,andanimplementationbench to be formed.

8.15 Ishaq Khan Khakwani and another Vs. Railway Board through Chairman and others (PLD 2019 SC 602) [Hon’ble Mr. Justice Ijaz ul Ahsan]


The court granted leave in all these cases to consider whether the respondents could be granted senioritiywitheffectfromthedateoftheiradhocappointment.The orders of the Service Tribunal not only directed the AppellantPakistanRailwaystoregularizetheperiodofad hoc appointment, but also treated the period, which the Respondent remained unemployed, as spent on dutyandheldthattheRespondentwasentitledtothepayment of full back benefit for the said period.TheTribunal further directed to reckon his services for the purposes of seniority amongst his colleagues w.e.f. his initialadhocappointment.Itappearedthatconnectedcivil appeals of the other respondents, whose cases were akin to respondent Muhammad Ali Rajpar also applied to the Tribunal for the same relief and the Tribunal allowed theirappealsandgrantedthemthesamebenefitaswasgranted to the respondent Muhammad Ali Rajpar

Subsequently,civilappealswerefiledbytheemployeeswhowereadverselyaffectedduetothesummationoftherespondents’servicefromthedateoftheiradhocappointment.

Consideringtheaboveissue,thecourtheld:

“Since the appointments on ad hoc as provided under the law being a “stop gap” arrangements, therefore,asprovidedinsection11(3)oftheCivilServants Act, 1973 stand terminated either on the expiry of the period for which such ad hocappointment was made or on the appointment of a person recommended by the Commission. It is for this reason that such ad hoc appointee does not acquire a right to claim his seniority in accordance withsection8oftheCivilServantsAct,1973vis-a-vis the civil servants who are appointed on regular basison the recommendationof theCommissionaftergoingthroughtheselectionprocess.”

Thecourtfurtherheldthatthefactofthematterremains

that neither the ad hoc employee has right to hold the post beyond the period for which he was appointed nor thegovernmenthasarighttocontinuewithsuchadhocappointeesforsuchalongperiod.Thissituationarisesonly when the government violates the provision of Rule 3oftheFederalPublicServiceCommission(Functions)Rules, 1978 andwithout placing a requisition beforeCommission for regular appointment fill the post onad hoc basis and then keep on extending the periodof such ad hoc appointment and the ad hoc appointee knowing fully well that his ad hoc appointment is not in accordance with the prescribed method of appointment andisonlya“stopgap”arrangement,tillrecruitmentinaccordance with the prescribed method of Appointment is made, clings to such post. Such conduct of the government has always been deprecated by the Courts but such shortcoming/non- adherence to the legalrequirements by the competent authority can earn no benefit for the incumbent for the simple reason thatbestowingthebenefitsofregularappointmentuponanadhocemployeewouldnotonlyamounttoregularizingunlawful appointment and providing premium to the beneficiary of suchwrong butwould also amount toopening another door of entry into service of Pakistan byfrustratingtheonlyprescribedmodeofappointmentthrough the Commission.

In the instant judgement, references were made to Muhammad Afzal v Government of Punjab (1982SCMR408),NailaKhalidvPakistan(PLD2003SC420),MuhammadWasayTareenvChiefJusticeofBalochistan(2005 SCMR464) andNaveedaTufail vGovernmentof Punjab (2003 SCMR 291). While considering theprecedents stated above, the court found the order of the Federal Service Tribunal to be against the principles enunciated in the same. Hence, the civil appeals were allowed,andtheimpugnedjudgements/ordersweresetaside.

8.16 Abu Bakar Farooq through Chairman and others Vs. Muhammad Ali Rajpar and others (2019 SCMR 830) [Hon’ble Mr. Justice Sajjad Ali Shah]


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In this case the appellants were arrested in case of robbery coupled with murder and were sent up for trial. They were convicted and sentenced by the trial Court for multiple offences, including death undersection 302(b), P.P.C. along with compensation andimprisonment for various terms under sections 392,324and411,P.P.C.whileextendingthemthebenefitofsection382-B,Cr.P.C.Uponappealtheconvictionsand sentences of the appellants were maintained to the extent that the sentence of death in the caseof Abdur Rashid (appellant) was converted intoimprisonment for life. Hence, these appeals with the leave of the Court.

It was observed by the Court that in the late 1960s, the courts around the world, began to set the standard for reviewing eyewitness identification evidence.Reliability and credibility of the witness was termed as the linchpin in determining the admissibility of identification testimony. US Supreme Court settledthefactorsforassessingthereliabilityofthewitness:namely, (1) the opportunity of the witness to viewthesuspectatthetimeofthecrime;(2)thewitness’sdegreeofattention;(3)theaccuracyofthewitness’sprior description of the suspect; (4) the level ofcertainty demonstrated at the confrontation (seeingtheaccused in court); and (5) thetimebetween thecrime and the confrontation (seeing the accused incourt).Thesefactorsweredrawnfromearlierjudicialrulingsandnotfromscientificresearch.Thescientificresearchrefutesthenotionthatmemoryislikeavideorecording, and that a witness needs only to replay the tape to remember what happened. Human memory is farmorecomplex.…Thescientificresearchestablishesthat the following non-exhaustive list of “estimatorvariables”negativelyaffectthememoryprocess:-

i. Stress: Even under the best viewing conditions,highlevelsofstresscandiminishaneye-witness’abilitytorecallandmakeanaccurateidentification.It may be noted “while moderate levels of stress improvecognitiveprocessingandmight improveaccuracy, an eye-witness under high stress is less likelytomakeareliable identificationoftheperpetrator.”

ii. Weapon Focus:When a visibleweapon is usedduring a crime, it can distract a witness and drawhisorher attentionaway from theculprit.“Weaponfocus”canthusimpairawitness’abilityto make a reliable identification and describewhat the culprit looks like if the crime is of short duration.

iii. Duration:Theamountoftimeaneye-witnesshastoobserveaneventmayaffectthereliabilityofanidentification.Thereisnominimumtimerequiredto make an accurate identification, however, abrieforfleetingcontact is less likely toproduceanaccurateidentificationthanamoreprolongedexposure.

iv. Distance and Lighting: A person is easier torecognize when close by, and that claritydecreaseswithdistance.Wealsoknowthatpoorlightingmakesithardertoseewell.Thus,greaterdistance between a witness and a perpetrator and poor lighting conditions can diminish thereliabilityofanidentification.

v. Witness Characteristics: Characteristics like awitness’ age and level of intoxication can affectthe reliability of an identification. Childrenbetween the ages of nine and thirteen who view target-absent lineups are more likely to make incorrectidentificationsthanadults.

vi. Characteristics of Perpetrator: Disguises andchanges in facial features altered between the timeoftheeventandtheidentificationprocedureaffectstheaccuracyofanidentification.

vii. Memory Decay: Memories fade with timeand memory decay “is irreversible”; memories never improve. As a result, delays between the commission of a crime and the time anidentificationismadecanaffectreliability.

The laws of evidence maintain that in order for the court to take judicial notice of scientific facts theymust be part of the general knowledge of men or mustbeagreeduponbyreputablemeninaparticularfield of science beyond reasonable dispute. … ThisCourtcantakejudicialnoticeofthecrediblescientificdevelopment under Article 112, Qanun-e-ShahadatOrder, 1984.The question is canwe shut our eyesto credible scientific research and development,whichhasalreadybeenrecognizedandacknowledgedby the courts in various other jurisdictions. Ifscientific research can help and assist the court inunderstanding and appreciating evidence more fullyand more meaningfully, the risk of miscarriage of justicestandsminimized.Therefore, thecourtsdon’tshy away from scientific developments but insteadreach out and embrace them. Reliance on scientificresearch and the factors evolved by science to assess the reliability and credibility of the eye-witness can improvethequalityofidentificationevidenceandasaconsequencethequalityofjustice.Ourjurisprudencehadalreadytravelledinthisdirectionandnowcrediblescientific research by providing us additional factorsor“estimatorvariables”(whicharenotexhaustive)hasprovided additional factors to certify the credibilityand reliability of the eye-witness and as a result the veracity and probative value of the identificationevidence.

Itwasfinallyheldthatbasedontheabove“estimatorvariables,” possibility of misidentification cannot beruled out, thereby making it unsafe to place reliance on the identification evidence. The appellants standacquittedofthechargebyextendingthembenefitofthe doubt.

8.17 Mian SOHAIL AHMED and others Vs. The STATE and others (2019 SCMR 956) [Hon’ble Mr. Justice Syed Mansoor Ali Shah]


TheprimaryissuesraisedintheappealsfixedbeforetheCourtinvolvedinterpretationandapplicationofSections65D,148and159oftheIncomeTaxOrdinance2001.In both appeals, relief was sought against having to pay advance income tax under Section 148 on materialsbeingimportedandthereforeanexemptioncertificatewassoughtunderSection159onthebasisoftaxcredit.

ItwasnotdisputedbytheDepartmentinthiscase,thatthetaxpayersintheseappealswereentitledtoa100%taxcreditforthedurationoftherelevantperiod,whichwas five years for both the tax payers. The litigationin the Lahore High Court and Islamabad High Court stemmedfromthedenialof theexemptioncertificateunderSection159inrespectofadvancecollectionofincome tax under Section 148 on basis of 100% taxcredit,tothetaxpayers.

TheCourtdeterminedtwoquestions:Firstly,whatwasthe nature of a tax credit and exemption? Secondly,what was meant by the word “exempt” as used inSection 159(1)(a)? The Court disagreed with thereasoning of the Lahore High Court to hold that there wasaconceptualdifferencebetweenanexemptionandtaxcreditandthedifferencewasmorepronouncedinthecaseofincometax.Itwasheldthatinthecaseofafullexemption,taxwouldnotbepayablebutmaybepayable if theexemptionwaspartial. In caseof a taxcredit, the assessment stage would always be reached infull.TheCourtheldthatanexemptionmayeliminatethe need for an assessment altogether if it was whole or reduceitbytherelevantamountifitwaspartialwhileataxcreditwouldhavenobearingontheassessment.Itwouldcomeintooperationafterassessmentandwhenthequestionofrecoveryarose.

WhilecitingSection10oftheIncomeTaxOrdinanceasamended by the Finance Act 2012, the Court observed that an exemption always reduced the amount ofincomethatcouldbetaxed,butitmayormaynothaveaffectedtherateapplicabledependingonwhethertherate was determined on the basis of taxable incomeor total income. The Court stated that in the 2001 Ordinance,theratewasdeterminedbytaxableincomeandtaxcredithadnobearingorrelevancefortherateoftaxationwhichfurtherconfirmedthatanexemptionandtaxcreditwereconceptuallydifferent.

Whileconsideringthesecondquestion;theCourtheldthatasSection159appliedtoamountscomingunderDivisionIIandIIIofPartVofChapterXandXII,“exempt”wasused inasenseconceptuallydifferent froma taxcreditandthereforenoexemptioncertificatecouldbeissuedunderSection159.Itreliedontheinsertionofclause 1(c ) in Section 159 of the FinanceAct, 2014tostatethatunderSection159(1)(a),“exempt”didnotincludeataxcredit.

The Court gave directions for the amounts collectedunderSection148toberefundedinfullwithin30days,and a report to be filedwith theOfficeof theCourtifthetaxpayerhadfileditsreturnandnoamendmentor other proceedings were pending in respect of such return on the date of this judgment and also in respect ofthepresentandfuture(ifapplicable)orpasttaxyearinwhichareturnhadnotbeenfiledifnoamendmentor other proceedings were launched within 120 days of thefilingoftherelevantreturn.

TheCourtdecided in favoursof theDepartment andset aside the judgments of the High Courts.

8.18 H.M. Extraction Ghee and Oil Industries (Pvt.) Ltd. Vs. Federal Board of Revenue (2019 SCMR 1081) [Hon’ble Mr. Justice Munib Akhtar]



THE COURT AND ITS REGISTRIES9

the CouRt and itS RegiStRieS

CHAPTER 9

Under Article 208 of the Constitution, the SupremeCourt, with the approval of the President, may make rules providing for the appointment of officersand servants of the Court and for their terms and conditions of employment. Accordingly, the SupremeCourt Establishment Service Rules, 2015 have been framed.UndertheseRulestheChiefJusticeofPakistanexercises the samepowers, in respect of officers andservants of the Court, as does the President in respect of the federal government employees.

The Registry of the Supreme Court provides administrative services to theCourt for facilitating itsjudicial functions. The sanctioned strength of staff inthe Court Registry is 830, comprising the Registrar, AdditionalRegistrars,DirectorGeneralHRCell,DirectorHRCell,DeputyRegistrars,SecretarytoChiefJustice,Assistant Registrars, Librarian, Research Officers,Curator,PublicRelationOfficer,Director IT,Translatorandotherofficersandofficials.

Functions The Registry prepares the cases for fixing before abench, assists the Court in case flow managementand providing reference and research assistance. The Registry provides information to Advocates andthe general public regarding the date of hearing,

adjournment and status of cases. Similarly, also provides assistanceon legal procedures and formalities for theinstitutionofcasesand issuingcertifiedcopiesof thejudgments/orders of the Court. The main Registry issituated at Islamabad, but Branch Registries have been establishedatLahore,Karachi,PeshawarandQuetta.

Goals TheRegistry’sgoalsare:1. ToprovideservicestotheCourt incaseflowand

court management;2. To provide to the Hon’ble Chief Justice and

the Hon’ble Judges necessary assistance andinformationrelatingtoprocessingofcasespendingin the Court;

3. To ensure that necessary documents are included andall legalandproceduralformalitieshavebeencompliedwithbeforeacaseisfixedforhearing;

4. Topreparecauselistsandintimatedateoffixationof cases to parties, Advocates-on- Record andAdvocates;

5. To implement Court judgments and orders;6. To maintain Court records; and 7. To maintain the record of Senior Advocates of the

Supreme Court, Advocates and Advocates-on-Record.

THE COURT AND IT’S REGISTRIES

9.1 Introduction


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Architecture of the Building: The Supreme Court building is situated on the Constitution Avenue, Islamabad. Its splendid andmagnificent structure with white marble exterior isa classic blend of Islamic and European architecture. Islamic motifs have been used in the exterior andinteriorofthebuilding,especiallyinthemarbleflooringof the Ceremonial Hall, Judges Entrance Hall and Public EntranceHalls.ThewallshaveIslamicmotifsonmarblein inlaid brass. The façade of the building is landscaped as a symbolic and ceremonial space, highlighting thedignity of the Court. The fountain in the front creates asoothingeffectandaddstothecharmandbeautyofthe building.

Brief History of Construction The idea of constructing a building for the SupremeCourt in Islamabad was conceived in 1967 but it was in1985thatthethenHon’bleChiefJusticeofPakistandiscussed the project with the then Prime Minister as a result of which funds to the tune of Rs.9.856 Million were provided for the project during 1985-87. The agreement for planning and designing of the project with M/sKENZOTANGEASSOCIATES(Japan)andPakistanEnvironmental Planning and Architectural Consultant (PEPAC)wassignedinAugust1987andtheArchitectspresented the same to the then Prime Minister who approveditwithsomemodifications.TheoriginalPC-1waspreparedandconsideredbyCentralDevelopmentWorking-Party (CDWP) on29.11.1989.Theunit costenvisaged in the PC-1was Rs:893.89 and Rs:737.50per sq.ft with and without air conditioning systemrespectively.ThePC-1wasamendedinlightofCDWP’sdecision and was finally approved for Rs:377.971Million. Tenders for civil works were called in June, 1990 and tenders for electrification,Air conditioning& liftswereawardedinFebruary1992.Later,thefirstrevisionof the cost of the scheme was necessitated, which came toRs:753.221Million.Costbreakupof1strevisedPC-1,comprisingPhase-I&IIwasasunder:-

Phase I Rs.548.933 Million Phase II Rs.204.288 Million

Phase-I of the building was completed in 1993 with a total cost of Rupees 605.960 million while tender for Phase II was issued in 1999 but deferred in response to Government’seconomycampaign.TheworkofPhaseIIwasinitiatedin2006onthedirectionsoftheSupremeCourt authority and was awarded to the contractor after fulfilling all codal formalities with contract costof Rs.268.530 Million. The revised Project Cost of Rs.1055.334 Million was approved by the ECNEC on 21.01.2010. Phase II comprised two Blocks having eighteen Judges Chambers with Private Secretary offices, space for housing various Branches includingother offices, accommodations for Law Officers, HRCell, and establishment of Museum. The work of Phase

IIwasawarded toM/sMatraconon02.07.2007.Thefurniture for newly constructed nine Judges chambers and offices of the Court was also arranged by theCDA including furniture added subsequently as perrequirement like almirahs, bookshelves for added portionsof library,provisionofglasscabins for librarystaff as well as Research Officers of the Court andprovision of carpet in the two newly added wings of library in newly constructed phase-II. Finally aftercompletionofPhase-IIitwasinauguratedbyMr.JusticeIftikharMuhammadChaudhry,thethenChiefJusticeofPakistan on 9.12.2013.

Principal Seat: TheSupremeCourtbuilding, situatedonConstitutionAvenue, Islamabad comprises a Main/Central Block,JudgesChambersBlockandtwoAdministrativeBlocks.The height of the Main Central Block is 167 feet above the ground. It is surrounded by Judges’ ChambersBlocktotheeastandanAdministrativeBlockeachtothe north and south. The building was designed by the Japanesefirm,KenzoTangeAssociates.PEPACservedas consultant and interior designers. Civil and electrical work was carried out by Moinsons (Pvt.) Ltd. andSiemens(Pvt.)Ltd.

Main/Central Block:The Main Central Block is placed in the heart of the complex. It primarily comprises 11 courtrooms, theCeremonial Hall, Auditorium of 550 seats and a Prayer Hallfor300persons.Themaincourtroom,onthefirstfloor,withseatingcapacity for170persons, is125fthigh. It isflankedonitsrearbyfourcourtrooms,eachhaving seating capacity for 87 persons. Six additionalCourt Rooms, each having sitting capacity for 48persons,aresituatedonthegroundfloor.

Judges’ Block: The Judges Block comprises the Chief Justice ofPakistan Chamber, thirty three Judges Chambers and the office of Registrar. It also houses Court Library,which is situated in the basement of this block. This block also contains an impressive entrance/reception,a prestigious Conference Room and a Lounge-cum-DiningHall.

Administrative Blocks: ThetwoAdministrativeBlocksmainlyhousetheofficesof theadministrativeofficers/personnel.Thenorthernblock is occupied by the staff of the SupremeCourt.The southern block contains the Secretariat of Law and Justice Commission of Pakistan, offices of theAttorney General for Pakistan, Advocates-General ofthe Provinces, Prosecutors General Punjab, Sindh &Balochistan, Pakistan Bar Council and the Supreme CourtBarAssociation.Acafeteriaisalsosituatedonthegroundfloorofthisblock.

9.2 The Principal Seat at Islamabad


Establishment of Supreme Court Research CentreA concept to establish Supreme Court Research Centre (SCRC)inthelibraryofthisCourtwiththeobjectivetoprovide broad based quality research assistance to the CourtwasplacedbeforetheFullCourtforconsiderationin itsmeetingdated30.04.2019.TheHon’bleJudgesappreciated and approved the proposal, whereby one Senior Research Officer and nine Research Officershave been appointed for the purpose.

Car Parking sheds:The project of construction of car parking sheds forabout 300 cars and 150 motorcycles on a vacant plot situated in between the Supreme Court Building and PrimeMinister’s Secretariat, approvedby theBuildingCommittee has been completed. The Project alsoincludes a tuck-shop, waiting area and toilet facilityfor men and women including drivers, constructionwhereofhasbeencompletedandthesefacilitieshavebeenmadeoperational.

Park/Landscaping:The land earmarked for landscaping has been leveled intoabeautifulpark.Ithasahalfkilometerjoggingtrackandfourbeautifulgazebos.Thetrail isgarlandedwithevergreenflora.Theparkwas inauguratedbyHon’bleMr. Justice Tassaduq Hussain Jillani, the then ChiefJusticeofPakistanon16thApril,2014 followedbyatreeplantationcampaignwherein theHCJandall theHJJ planted trees.

Renovation of the Building:As per directions of theHon’ble Building Committee,renovation of the building was started by Pak PWDin 2016. Funds amounting to Rs.56.538Millionwereprovided by this Court from its own budget. The project wasimplementedintimeandtothesatisfactionoftheBuilding Committee. The works executed under thisproject, inter alia,includedrenovationof40bathrooms,road carpeting, internal/external paint, grinding andpolishing of marble work of the building. Furthermore, fabricationanderectionofemergencyexitsincourtyardof the buildingwas also executed as per direction ofthe Building Committee given in its meeting dated17.04.2018.

Public Facilitation Services:

Information Desk:In order to facilitate the general public, litigants andadvocates, an InformationDesk has been establishedatthemainentranceoftheCourt’sBuilding.Thedeskprovides information pertaining to the cases/matterspendingadjudicationinthisCourtsuchasinformationregarding institution/fixation/ delisting and pendencyofcasestothelitigantsaswellastotheadvocatesoftheCourt.Applicationsforissuanceofcertifiedcopiesofthejudgments/orders/documentsarealsoreceivedattheInformationDeskandtheapplicantscanreceivethecertifiedcopiesfromthere.

Bank:Besides other facilities in the building, a Branch ofHabib Bank Limited is also established where, amongst others,thestaffoftheCourt,LawyersandtheJudgeshavetheiraccounts.Furthermore,officersandstaffofthe Attorney General Office, Advocates General andProsecutor General, Law & Justice Commission ofPakistan, Pakistan Bar Council and Supreme Court Bar AssociationarealsooperatingtheiraccountsinthesaidBranch.

Cafeteria: A cafeteria is available for public and Advocates in the premises of this Court, which under the supervision of the Supreme Court Bar Association, providesculinary services on standard rates. Another cafeteria has recently been established in the basement, which exclusively provides good quality food and beveragesfor theofficersand staffof thisCourt includingallieddepartments.

Post Office:PostofficeisalsoavailableinthebuildingoftheCourtfor wider public convenience.

Book Shop: A book shop has been established in the premises of the Supreme Court building to provide law books to thelawyersandlitigantpublic.Theshopalsoprovidesonline research facility, stamp papers, courts fee stamps and the services of computer typists.

Photostat Facility: Photostat machines are also available for convenience of the public and Advocates. Heavy duty photocopiers arecapabletoreceivedatathroughemailsforprintingpurposes


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The Supreme Court Branch Registry Building Lahore is anationalheritage.

In1937,Mr.BazilM.Sullivan,SuperintendingArchitect,Punjab Communicated his views on the sitting ofReserve Bank of India in the compound of Shah Chiragh, Lahore. This building was completed in February, 1940.

In 1974, when the Principal Seat was shifted fromLahore to Rawalpindi, the Lahore Branch Registry was initiallyestablishedintheborrowedwingoftheLahoreHigh Court Building. However, in the year 1999, the Lahore Branch Registry was inaugurated by the then Chief Justice of Pakistan, Hon’ble Mr. Justice AjmalMian on 11th April, 1999.

Construction Work:After renovation/rehabilitation of the Old State BankBuilding, the building of the Registry now consists of fiveCourtRooms,oneChamberforHCJ,tenChambersforHon’bleJudges,aConferenceRoom,Library,Offices,Bar Room, Bar Library and Bachelor Accommodationetc.

Activities and Functions of Branch Registry:The Registry has been established with the aim to facilitatelitigants/AORs/ASCsoftheProvinceofPunjabwithregardtofilingandhearingofdifferentpetitions,

appeals, misc. applications etc. In addition thereto,casesrelatingtoPrincipalSeatarealsobeingreceivedand forwarded to the Principal Seat, Islamabad.

All the petitions and direct appeals instituted at theBranch Registry are heard and decided at Lahore, unless otherwise ordered by the Court, whereas the appeals pertaining to tax matters, after grant of leave, aretransferredtothePrincipalSeatforhearing.Petitions,appealsandmiscellaneousapplicationsarisingfromthejudgments and decisions of the Courts, detailed below areinstitutedattheBranchRegistry:-

a. Lahore High Court, Lahore and its Benches, excludingRawalpindiBench:

b. The Federal Shariat Court at Lahore. c. The Federal Service Tribunal at Lahore, and d. The Punjab Service Tribunal, Lahore.

PetitionsarisingfromtheordersoftheFederalShariatCourtandConstitutionPetitionsareforwardedtoMainRegistryforregistrationandhearing.Furthermore,someappeals/petitionsaretransferredtothePrincipalSeatincompliance with the orders of the HCJ passed upon the applicationsfiledbythelitigants/AORsfortransferandearlyfixationthereof.

Branch Registry Lahore

9.3 Branch Registry at Lahore


Facilities:On-line inquiry of cases through CFMS V2 is available for the litigants/AORs.4MBspackageofDSL Internetfacility along with Wi-Fi is available for the Hon’bleJudges and the staff.To provide relevant and desiredinformationrelated tocasesandprovisionofcertifiedcopiesfortheconvenienceoflitigantsaswellaslearnedcounsel, an Information Desk is also operational.Establish of E-Court at Lahore Branch Registry is under process. Hon’ble Chief Justice andHon’ble Judges atPrincipal Seat, Islamabad will be able to hear/decidecases from Lahore Branch Registry through Video Link

Court Library:TheCourt Library consistsof twoeffusivelydesignedhalls. It hasmore than 10,638/- volumes of journals,includinglawreportsandaround2536textbooks.Foreffectivesearchingandretrievingofthelibraryartifactsan automated catalogue has been prepared and is operational.Tostrengthenitsservices,theLibraryalsoutilizesonlinelegaldatabaselikewww.pakistanlawsite.com , www.pljlawsite.com and www.manupatra.com

Branch Registry, Karachi

The Registry was established on 14th October, 1957 in a borrowed wing of the High Court of Sindh Building. The Registry remained accommodated for some timein KarachiDevelopmentAuthority (KDA) RestHouse,Stadium Road, opposite PTV Centre, Karachi. Therewas a growing need to have a suitable building to housetheofficesoftheBranchRegistryandalsohavesuitableCourtrooms.DuetoitsVictorianstructure,theold State Bank buildingwas found suitable and fit toaccommodate the branch Registry.

Historical Perspective:The foundation stoneof this buildingwas laidby theDukeofConnaughtin1887duringthereignofQueenVictoria. The building was meant to house a Museum known as “Victoria and Elbert Museum.” In 1892, the museumwas shifted to the upper floor of the newlyconstructedD.G.Collegebuildingandtheresponsibilitywas transferred to the Karachi Municipality. TheMunicipality did a commendable job by transforming it intoanexemplarymuseum.ItwasthendecidedtoturnKarachiMuseum intoreplicaofLondonMuseum.The

9.4 Branch Registry at Karachi


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AuthoritiesmadeanappealtothepeopleofKarachitodonateasmanyancientartifactsaspossible.Meanwhile,on21stMay1892,theofficialbuildingofthemuseumstood completed. This was the Victoria Museum.

Earlier, theQuaid-e-AzamMuhammadAli Jinnah, thefounderofPakistaninauguratedthisbuildingasthefirstState Bank of Pakistan on 1st July, 1948. His historic speech delivered in this building is frequently quoted to show his vision of Pakistan.

On 3rd May 1995, the Government of Sindhhanded over the possession of the building to the SupremeCourt of Pakistan. Extensive renovation andconstructionworkswereundertakenand theRegistrywas formally inaugurated on 20th February, 1997. The present Supreme Court Building situated at the crossing of I.I. Chundrigar Road (formerly MacleodRoad)andM.R.KayaniRoadmayclaimtobeoneofthemostancientpublicbuildingsinthecityofKarachi.Thebuilding has been extensively repaired and renovatedbytheGovernmentofSindh.IthasthreeCourtrooms,ChiefJusticeChambers,sixJudgesChambers,RegistrarChambers, Conference Room, Judges Lounge, Officeblock and a beautifulmosque.Additional roomshavebeenprovidedtoSupremeCourtBarAssociation.

Petitions, appeals and miscellaneous applications areinstitutedintheBranchRegistryarisingoutofjudgmentsanddecisionsof:-

1. Sindh High Court. 2.FederalShariatCourt,Karachi.3.FederalServiceTribunal,Karachi;and4. Sindh Service Tribunal.

SubjecttoanyspecialorderoftheChiefJusticeortheCourt, all civil, criminal and jail petitions instituted intheRegistryandappeals arising therefromexcept theappeals in taxation, customs and revenuematters areheard in the Registry.

Functions of Branch Registry Karachi:The Registry has been established with a view to provide easy,inexpensiveandrapidjusticetothelitigantshailingfromtheprovinceofSindh.ItsJudicialWingentertainsConstitution, Civil and Criminal petitions as well asreview petitions arising therefrom. For registrationand fixation of these cases, the Judicial Wing hasbeenfurtherdividedintovarioussectionswherecasesare processed for the convenience of general public, litigantsandlearnedadvocatesofthisCourt.

Information Desk is also introduced so as to providerelevantanddesired informationrelatedtocasesfiledatthisbranchfortheconvenienceoflitigantsaswellaslearned counsel.

The Registry also has a full functional library havingthousands of law books, annual digest, law journals, etc. tofacilitatetheHon’bleJudgesandCourtstaff.Duringthis year, hundreds of new books have been added in the Library.

TheGeneral Section and theProtocol Sectionof thisbranchmainlyworkforthecomfortofHon’bleservingJudgesaswellasformerJudgesofthisCourt.OfficialsattheGeneralSectionlookaftertheadministrativeworkof theRegistryandJudgesRestHouse,maintenance/refurbishmentofboththebuildings,purchaseofgeneral/stationery items and maintenance of official vehicles.Thissectionalsoprocessesvariousutilityandmedicalbills of former Judges for payment from Main Registry. TheProtocolSectioninteraliaprovidesservicestotheHon’ble Judges and their families pertaining to theirtravelsandalliedmatters,etc.

TheRegistryalsohasanefficientcomputernetworkwithWi-Fibackup.Stateoftheart“CaseFlowManagementSystem (CFMS)hasbeen installed to facilitateJudicialWing. Any new development in any judicial file isimmediately updated in the CFMS. To get maximumbenefit from CFMS, the Registry has also meted outtrainingforotherstaffmembersaswell.Causelistsarealso being made through this system.

Well trained Special Security Unit (SSU) commandosalong with special Branch personnel are deployed at the Branch Registry Karachi for security of the premises.State-of-the-art scanning devices and gates have also been installed to avert any untoward incident. For the purpose of 24/7 surveillance trained staff have beendeployed in the state-of-the-art control room equipped with security cameras within and outside the premises. Inordertoeffectivelytacklewithanyunpleasantincidentoffire,modernfiredetectingsystemhasrecentlybeeninstalledintheRegistryalongwithfireextinguishers.


The Supreme Court Branch Registry Peshawar was established on 28thOctober,1960inaborrowedWingof the Peshawar High Court building with three rooms for office use. Later on due to increase in the workload, it was felt that there should be an independent and self-sufficient court Building for the PeshawarBranchRegistry.To fulfill thisneedasuitableBuildingfor the Branch Registry was constructed at old Radio Pakistan Building located at Khyber Road oppositePearl Continental Hotel, Peshawar. The foundationstone of the Building was laid on November 17, 2001. The Building was completed in February, 2004 and Branch Registry was shifted to the new Building onSeptember 11, 2004. The present Building consists of 2 Court rooms, 6 Judges Chambers, one Library Room, one Conference Room and one large Bar Room. Administrativeblockforthestaffmembersandofficersconsistsof8Roomsandabeautifulmosque.

The Branch Registry has been established with the aim to facilitate litigants/Advocates-on Record/AdvocatesSupremeCourtoftheKhyberPakhtunkhwawithregardtofilingofdifferentpetitions,appeals,misc.applicationsetc.Further,thecasesrelatingtotheMainRegistryarealso received and after checking/proper scrutiny areforwarded to the Principal Seat Islamabad.

All the petitions and direct appeals instituted in the

Branch Registry are heard and decided at Peshawar, unlessotherwiseorderedbytheCourtexceptAppealspertainingtoTaxmattersbytheleaveoftheCourt,aretransferred to the Main Registry for hearing.

Petitions, appeals and miscellaneous applications areinstitutedattheBranchRegistrywhentheyarisefromthejudgmentsandordersof:-

1. Peshawar High Court 2. Federal Shariat Court at Peshawar 3. Federal Service Tribunal at Peshawar and 4.Khyber-PakhtunkhwaServiceTribunal

Petitions arising from the decisions of the FederalShariat Court and Federal Service Tribunal as well as theConstitutionPetitions, after having beenproperlychecked, are forwarded to the Main Registry for registration and hearing. Some appeals/petitions aretransferredtothePrincipalSeatforurgent/outofturnhearingontheapplicationsfiledbythelitigants/AORsaftergettingapprovalofthecompetentauthority.

TheRegistryhasaneffectivecomputersection.Facilityof on-line enquiry of cases through new CFMS V2 is available for the litigants/Advocates-on-Record/Advocates Supreme Court. Recently 4 MBps VPN has beencreatedbythePTCLforthepurposeofconnectivitywiththeMainServeratIslamabad.FiberOpticInternet

9.5 Branch Registry at Peshawar


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The Registry was established on 19th November 1978 in a borrowed wing of the building of the High Court ofBalochistan,andisstillfunctioningthere.However,forconstructionofitsownbuildingforhousingBranchRegistry at Quetta, the old Circuit House situatedon Shahra-i-Zarghoon, Quetta was handed over/transferred to the Supreme Court of Pakistan and in this connection the Earth Breaking Ceremony forconstructionofnewbuildingwasheldon04.12.2013.Theconstructionofbuildingisinprogress.IncompliancetothedirectionsoftheHon’bleBuildingCommittee,atleast 01 Courtroom, 04 Chambers, Bar Room and some offices are expected to be completed in all respectsincluding theirelectrificationand furnishingbyendof2018 so that the Court can hold its hearing in the new building. A Rest House for lodging Judges during Court sessions has been acquired, which is also situated on Shahra-i-Zarghoon,Quetta.

AllpetitionsinstitutedintheBranchRegistryareheardat Quetta, subject to any special order. Previouslyall appeals by leave of the Court, or direct appeals, presented in the Registry, used to be transferred to the MainRegistryforregistration,completionandhearing.Howeversince10-12-2008allappeals,exceptthoseofTax,CustomandRevenuemattesarebeingregistered,

completedandheardattheBranchRegistry.Petitions,appeals and miscellaneous applications are institutedin the Branch Registry arising out of judgments and decisionsof:

1. High Court of Balochistan; 2.FederalShariatCourtatQuetta;3.FederalServiceTribunalatQuetta;and4. Balochistan Service Tribunal.

Administrative activities during the PeriodInauguration Ceremony of the first phase of newlyconstructedBuildingofBranchRegistryatQuettawasheldon10.12.2018Mr.JusticeMianSaqibNisarChiefJustice of Pakistan unveiled the Plaque. Mr. JusticeAsif Saeed Khan Khosa, Mr. Justice Gulzar Ahmed,Mr.JusticeMushirAlamandMr.JusticeMazharAlamMiankhelofthisCourt,JusticeSyedaTahiraSafdar,ChiefJustice of High Court of Balochistan, Judges of HighCourt, Judges of LowerJudiciary, office bearer of theBar Associations/Bar Council of Balochistan lawyersof Supreme Court/High Court and Officers of theProvincialGovernmentattendedtheceremony.

The construction of the new Building for BranchRegistryatQuettaisstillinprogresstilldate.

facilityof4MBpspackagealongwithWi-FiSystemhasbeenmadeavailablefortheHon’bleJudgesandofficeuse. Ten security CCTV Cameras are installed at various locationsintheBuildingofthisBranchRegistrywhicharemonitoredbytheComputerSection.

The Court Library has more than 7000 volumes consistingofmostly legalandsomegeneralbooks.AllLaw Reports and Digests i.e. PLD, SCMR, PLC, PTD,MLD,PCrLJ,AnnualSupremeCourtDigestandPakistanAnnualLawDigestetc.areavailableintheCourtLibrary.

Inadditiontothetraditionalresources,theCourtLibraryresponds equally to the demands of digital era in shaping itsservicesandresources.TheLibraryautomationanddigitizationprogrammehadbeeninitiatedtoextendandimprovise on-line and off-line reference and researchassistance to the Court. An integrated Library System namely“KOHA”isbeingusedforthelibraryautomation.A considerable progress has been made so far in the Library automation and it will be fully operative innear future. To strengthen the research and reference facilities,theCourtLibraryhasanaccesstotheNationalLegalDatabasei.e.www.pakistanlawsite.com.

9.6 Branch Registry at Quetta

The under construction building of Branch Registry, Quetta


Introduction:The Computer Section has a significant role in theworking of this Court. The section is committed tofacilitatethelearnedcounsel,litigantsandgeneralpublicinordertoprovideinformationregardingvariouscases.To achieve these tasks, latest Computer Technology is being deployed in different branches/offices. Thetasksofcomputersectionincludein-houseapplicationdevelopment,maintenanceofapplicationsandsoftwarefor various branches of the Court including Judicial Branches, Human Rights Cell and AdministrativeBranches. Besides IT Section also monitoring ofnetwork, implementation of network/internet policiesfor end users, providing support to the users and procurement and maintenance of IT equipments to enable the personnel to leverage technology in their daily work.

Case Flow Management System Management Information System to handle case processing activities:CFMSisusedtomanagealltheactivitiesofthecases.Itstartsprocessingofacasefilerightfromthefilingtillthe case is decided. All the Judicial Branches perform theirdaytodayactivitiesthroughthissystem.SomeofthemainactivitiesperformedbythesystemareasCoreFeatures.

• Institution of the case by entering all theinformationofthecase

• DifferentbrancheslikeCivil,Criminal,Fixtureand Implementation also perform caseprocessing into the same system

• Casefilemovementbetweenbranches• Loggingofall actions/processesof thecasefiles

• Causelistgeneration• IssuanceoffixationnoticesandSMS-Alerts

• Logging of all the court orders• Generationofimplementationnotices• Case search• Statistical&generalreportsaboutcases.

The database generated by the CFMS is main source of information from where official website, MobileApplication,E-KioskandHelp linegettheinformationforlitigantsandcounsel.

Official Website:ThewebsiteprovidesrealtimeinformationaboutCaseStatus, Cause Lists, Judgments Search, Press Release, TenderNotice,SupremeCourtRules,JudicialEstacode,FAQetc.atthedoorstepoftheend-user.

Video Link for Case Proceedings:This facility has been installed and made functionalbetween Islamabad Principal Seat and all four branch registries of Supreme Court of Pakistan i.e., Lahore, Karachi, Peshawar and Quetta. The objective of thisserviceistofacilitatethelitigantsandcounselinorderto avoid un-necessary traveling and cut down the traveling and lodging expenses usually borne by thelitigants.Thissolutionallowsthepartiesandlawyerstoappear and argue their cases before the Court from any branch registry. Benefits:

• CostReductionforLitigants• Time Saving for Court• Ease to access Court from remote areas

SMS Service:SMSalertsandnotificationservice isavailable for thelawyers and parties to get notified about fixation oftheircasesandstatusofcertifiedcopiesofjudgmentson their cellular phones.

9.7 Information Technology Section


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Inthecontemporaryeraeverynationandtheirinstitutesaretryingtodiscovertheirrootsandportraytheiridentitythroughmuseums.Preservationofthisculturalidentityistheresponsibilityofeverycitizenofthesociety.Incourseof history fromMeharGarh,Baluchistan (7000BC) topresentdayPakistanthiscivilizedphenomenonevolvesinshapingthejusticesystem.

Museums are intended to be instructive and amusing.Following this standard phenomenon, the Supreme Court MuseumthroughitsartifactsisillustratingthehistoryoftheCourtandevolutionoflawofPakistan.Thegalleriesofthemuseumaredesignedwithafuturisticapproach.

Thematic galleries are exhibiting artifacts havinguniqueness in their intellectual values. The most attractivegalleryforthevisitorsisthe“EvolutionofLawGallery”whichbeginswith“TestamentofAdam”movesfurther by covering all the Divine laws (Torah, Zabur,Bible and Quran), Ancient State Laws, Islamic Laws,BritishLawsandtheTimelineofPakistanJudiciary.Theimportant element of the gallery is the famous “Code of Hammurabi with its 282 clauses written in cuneiformwriting proclaimed by the Babylonian kingHammurabiin1754BC.ThegalleryalsohostedthefirstcharterofHumanRightsgivenbyAchaemenidkingCyrustheGreatin 6thcenturyB.C.TheotherinterestingarticlesdisplayedinthisgalleryincludeTenCommandmentsandaFriezeof Lawgivers. The gallery ended its journey with the Copy of1973constitutionhavingsignatureofthemembersofthe parliament.

Thesecond illustriousgallery is the“ChiefJusticesandJudgesGallery”startedwiththepersonalbelongingsofHon’bleMr.JusticeSirAbdulRashid,firstChiefJusticeof Federal Court of Pakistan; hailed from “Family of Barristers” of Baghbanpura, Lahore.

The famous “Hamoodur Rehman Commission Report” is gildingtheshowcaseofHon’bleMr.JusticeHamoodur

Rehman, former HCJ. The Guinness Book of Worldrecord1991attributedthetitleof“world’syoungestciviljudge” toHon’bleMr.JusticeMuhammad Ilyas, formerjudgeSupremeCourtofPakistan,whoachievedthistitleat the age of 20 years and nine months in 1952.

In the centre of the Hall, the famous sculpture of “Lady of Justice”isadorningthegallerywithitsfamousattributesof “Blind Fold, Balanced Scale and Sword”.

Thethirdgalleryisadocument-basedgallerystartingfromfamoustrialsofBritishperiodlikeTrialofBahadurShahZafar,DiwanMolRaj,GhaziIlmDinShaheedandBhagatSingh.ThevisitorsarewitnessingtheassassinationstoryofNawabzadaLiaquatAliKhan,firstPrimeMinisterofPakistan through displayed items like FIR of case, and photograph of the mauser used in his assassination.Anothersectionofthisgallerybelongstoformerprincelystates portraying their judicial system; the judicial stamp papersfromtheprincelystatesofBahawalpur,Khairpur,Hyderabad and Swat along with their instruments of accessionaredisplayedhere.Theworldfamous“KashmirSaleDeed”andthereceiptof75LacNanakshahiisthelastattractionofthisgallery.

Museumsandother research institutionshavea lot tooffer for education and scientific research on Internet.Like most of the museums; the Supreme Court of Pakistan Museum has started their virtual life on the Internet with anelectronicleaflet:havingbasicinformation.Thisyearthevisitorratingshasfurtherimprovedandouronlinefangroupsgrewexponentially,which isanencouragementfor further improvement. The Supreme Court Museum has got special focus on website of Supreme Court of Pakistan and its tab positioned at main menuwithdetailed information and high-resolution pictures.(https://www.supremecourt.gov.pk/museum). Besidesthis social networking service of facebook and Instagram was also started as “Supreme Court Museum”.

9.8 Record Weeding SectionInorder toweedout thedisposedofcasesunderOrderXXXIVof theSupremeCourtRules,1980, theRecordWeedingSectionwasestablished intheyear,2009.Eachcase isbifurcated intotwoparts i.e.Part IandPart II,whereas,everymemberofthestaffisrequiredtoweedout10casesor800pagesperdaybypresumingonecasecomprises80pages.Lateron,todigitalizetheweededoutrecord,theprocessofscanningofweededoutcaseswasstartedinDecember,2012.

Detail of the weeded out cases w.e.f. 01.06.2018 to 31.05.2019

Year Number of Weeded out cases Number of Weeded out Pages

2018-2019 8315 842604

9.9 Court Museum


Holy Quran printed in 1902 in Lahore Personal belongings of Hon’ble Mr. Justice Hamoodur Rehman, former Hon’ble Chief Justice of Pakistan

Side view of Chief Justice & Judges Gallery

General view of Evolution of Law Gallery


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The Supreme Court of Pakistan has established libraries at the Principal Seat in Islamabad and at Branch Registries in provincial headquarters. These libraries assist the reference and research facilities toHon’bleJudges and Research Officers. Inter alia the original sources of law of Federal and Provinces are available in these libraries.Theyarefullyequippedtofulfill theimmediate reference&researchneedsof theHon’bleJudges during case proceedings. Over the years effortsarebeingmadetoacquirestatutes, judgments,debates, commentaries, etc. on every subject of legal jurisprudence. Besides this, state of the art Research centre has been established in the Court Library at the Principal Seat to further augment research and reference activities intheCourt. Moreover, theconferencehallestablished in the Court Library can accommodate more thanone hundred participants and is frequently usedby the Court for arranging conferences, workshops and briefings.

Court Library has collections of over one hundredthousandvolumesconsistingoflegalandgeneralbookson local and foreign jurisdictions. Similarly during thereported period numbers of books have been added on various legal subjects. More or less all the law reports and digests published in Pakistan are available from the

dateofpublicationtilldatei.e.PLD,SCMR,PLC,PTD,MLD,PLJ,NLR,CLC,CLD,PTCL,YLR,SBLR,PCrLJandPSC.Similarly,theacquisitionoflawdigestsi.e.AnnualSupremeCourtDigestandPakistanAnnualLawDigest,theGazetteofPakistanandProvinceshasalsoaddedvalue to the Court Library.

The Court library has maintained a steady pace of development and implementation of new modus operandi, set out globally for the informationmanagement and library services. In addition to thetraditionalresources,theCourtlibraryrespondsequallyto the digital era in shaping its services and resources. Ithasbeenequippedwithstateoftheartfacilitiesandis linkedwith InformationCommunicationTechnology(ICT)infrastructure.Thelibraryautomationprogramhasextendedimprovedreferenceandresearchservicestothe Court.

Tostrengthentheresearchandreferencefacilities,theCourtlibraryhasaccesstothenationalandinternationallegal databases i.e. www.manupatra.com, https://advance.lexis.com, www.pakistanlawsite.com, www.pljlawsite.com and National Digital Library Program(withcourtesyofHigherEducationCommission).

9.10 Court Library

The Growth of Library Collection during the Last Decade:

Year 2009 2010 2011 2012 2013

Collection 71906 74648 78114 82819 84844

Year 2014 2015 2016 2017 2018*

Collection 86546 88055 90134 92363 93288

0100002000030000400005000060000700008000090000

100000

*UptoDecember2018Years

Colle

ctio

n


9.11 Supreme Court Research CentreA.R.Cornelius,alegalluminaryofhistimesandadistinguishedChiefJusticeofPakistan(1960-1968)dreamedofalegalresearchcentreatthenationallevel,andaspiredjudgesofdistrictjudiciarytomaketheoreticalstudyoflawforsuch centre by following the development of law in the statutes and judicial pronouncements of the courts of their own country as well as of other countries in the world. He visualised that the conclusion reached in these studies weretobepublished,forassistingthecourtonacademicsideandforreadingofalllegalcircles.

InspiredbythisvisionofA.R.Cornelius,Mr.JusticeSyedMansoorAliShahtooktheinitiativeofexperimentingitbyassigningthelegalresearchworktothejudgesofDistrictJudiciary,PunjabintheLahoreHighCourtResearchCentre.Andhavingexperienceditspositiveprospectsthere,heafterhiselevationtotheBenchoftheSupremeCourtofPakistanputforththeideaofestablishingalegalresearchcentreatthenationallevelinthisCourt.Mr.JusticeAsifSaeedKhan,theHon’bleChiefJusticeofPakistanbeinghimselfstrongbelieveroftheimportanceofresearch work for the development of any branch of knowledge, graciously agreed to place the proposal in the Full Courtmeeting,fordiscussionanddeliberationonit.TheFullCourtaccordedapprovaltotheproposalinitsmeetingheld on 30thApril,2019.TheHon’bleChiefJusticeofPakistanwasthuspleasedtoestablishtheResearchCentreinthis Court, i.e. the Supreme Court Research Centre.

Presently, there are one Senior Research Officer and nine Research Officersworking in the newly establishedSupremeCourtResearchCentre.TheseResearchOfficershavebeenselectedfromamongstthejudgesofDistrictJudiciaryofallProvincesandtheIslamabadCapitalTerritorybyaSelectionCommitteecomprisingofHon’bleMr.JusticeMushirAlamandHon’bleMr.JusticeSyedMansoorAliShah.ThisResearchCentrehasbeendesignedtoworkinthreedivisions,viz,(1)court-queriesresearchdivision,(2)analyticalresearchdivisionand(3)developmentalresearchdivision,induecourseoftime,withthefollowingorganogram:

Prospective Organogram of Supreme Court Research Centre

The court-queries research division would assist the Court in resolving the day-to-day legal queries arising out of the casesunderadjudication,bysiftingtherelevantstatutorylaw,caselawandtheacademictreatises.Theanalyticalresearchdivisionwouldexaminetheconflictsinjudicialpronouncementsofthesuperiorcourtsofthecountryandprepare researchpapershighlighting theanomaly, for resolving thesame inappropriatecase(s)by theCourt, tomaintain certainty and consistency in law. Likewise, this division would also point out the per incuriam judgments ofthesuperiorcourtstosetthelawright.Whilethedevelopmentresearchdivisionwouldstudythedevelopmentoflawandjurisprudenceinthecountryaswellasinotherimportantcommonlawjurisdictions,suchas,U.K,U.S.A,India,Canada,Australia,SouthAfrica,NewZealand,etc,andpublishitsresearchproductsforbenefitoftheentirelegalcommunityandtheconcerneddepartmentsoftheGovernment.Thisdivisionwouldalsopublishacaselawupdateperiodical,onregularbasis,oflocalandforeignjurisdictions.Havingthisfuturevision,theResearchCentreis, however, doing all the above assignments presently under a combined umbrella.


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9.12 Allocated Budget & Expenditure of the CourtStatementshowingthepositionofFinalBudget&ExpenditureUpto30.06.2019.

S.NO HEADS OF ACCOUNT. BUDGET 2018-2019 EXPENDITURE %

1 A01101-BASIC PAY OF OFFICERS 303,200,000 295,350,348 97.412 A01102-PERSONAL PAY 599,000 482,470 80.553 A01103-SPECIAL PAY 784,000 551,721 70.374 A01105-QUALIFICATIONPAY 290,000 144,879 49.965 A01151-BASIC PAY OF OTHER STAFF 137,500,000 126,711,106 92.156 A01152-PERSONAL PAY 250,000 103,527 41.417 A01153-SPECIAL PAY 252,000 14,090 5.598 A01201-SENIORPOSTALLOWANCE 290,000 191,162 65.929 A01202-HOUSERENTALLOWANCE 20,000,000 18,856,030 94.28

10 A01203-CONVEYANCEALLOWANCE 17,000,000 14,780,693 86.9511 A01207-WASHINGALLOWANCE 266,000 198,731 74.7112 A0120D-INTEGRATEDALLOWANCE 1,275,000 968,014 75.9213 A0120K-SPECIALJUDICIALALLOWANCE 325,470,000 302,242,289 92.8614 A0120M-CARALLOWANCE 6,980,000 6,361,077 91.1315 A0120N-SPECIALALLOWANCE@20%OFBASICPAY 291,000 187,624 64.4816 A0120X-AD-HOCALLOWANCE-2010 1,000 0 0.0017 A01211-HILLALLOWANCE 12,000 9,600 80.0018 A01212-TELECOMMUNICATIONALLOWANCE 1,515,000 1,200,548 79.2419 A01216-QUALIFICATIONALLOWANCE 500,000 332,742 66.5520 A01217-MEDICALALLOWANCE 29,800,000 27,753,684 93.1321 A0121J-TRANSPORTMONETIZATIONALLOWANCE 10,300,000 8,559,521 83.1022 A0121P-SUPERIORJUDICIALALLOWANCE 81,000,000 77,984,184 96.2823 A0121Q-AUDITANDACCOUNTSALLOWANCE 250,000 170,400 68.1624 A0121T-ADHOCRELIEFALLOWANCE2013 1,000 0 0.0025 A0121Z-ADHOCRELIEFALLOWANCE-2014 1,000 0 0.0026 A01224-ENTERTAINMENTALLOWANCE 605,000 551,425 91.1427 A01226-COMPUTERALLOWANCE 675,000 464,331 68.7928 A01228-ORDERLYALLOWANCE 2,575,000 2,029,659 78.8229 A0122C-ADHOCRELIEFALLOWANCE-2015 56,000 22,791 40.7030 A0122L-MOBILEPHONEALLOWANCE 2,095,000 1,087,686 51.9231 A0122M-ADHOCRELIEFALLOWANCE2016 20,100,000 19,253,566 95.79

32 A0122N-SPECIALCONVEYANCEALLOWANCETODISBAL 95,000 36,000 37.89

33 A0122W-RESEDENTIALTELEPHONECHARGEALLOWANCE 2,940,000 2,098,095 71.36

34 A0122Y-AD-HOCRELIEFALLOWANCE2017 25,500,000 24,419,127 95.7635 A01236-DEPUTATIONALLOWANCE 1,930,000 1,788,612 92.6736 A01238-CHARGEALLOWANCE 200,000 135,917 67.9637 A01239-SPECIALALLOWANCE 15,000,000 12,119,080 80.7938 A0123G-AD-HOCRELIEFALLOWANCE-2018 26,000,000 24,101,869 92.7039 A01241-UTILITYALLOWANCEFORELECTRICITY 57,500,000 49,251,042 85.6540 A01248-JUDICIALALLOWANCE 82,000,000 76,856,582 93.7341 A01270-OTHERS 1,232,000 876,483 71.14



42 A01271-OVERTIMEALLOWANCE 14,500,000 13,645,568 94.1143 A01272-NIGHTDUTYALLOWANCE 100,000 0 0.0044 A01273-HONORARIA 242,000,000 240,760,566 99.4945 A01274-MEDICALCHARGES 11,000,000 7,223,842 65.6746 A01277-CONTINGENTPAIDSTAFF 145,000,000 136,311,629 94.0147 A01278-LEAVE SALARY 50,000 0 0.0048 A03201-POSTAGEANDTELEGRAPH 3,000,000 1,001,000 33.3749 A03202-TELEPHONEANDTRUNKCALL 19,000,000 16,650,268 87.6350 A03205-COURIERANDPILOTSERVICE 5,000,000 3,468,673 69.3751 A03301-GAS 10,000 0 0.0052 A03302-WATER 10,000 0 0.0053 A03303-ELECTRICITY 100,000 0 0.0054 A03304-HOTANDCOLDWEATHERCHARGES 100,000 0 0.0055 A03305-POLFORGENERATOR 10,000 0 0.0056 A03370-OTHERS 10,000 0 0.0057 A03402-RENTFOROFFICEBUILDING 20,000,000 19,071,000 95.3658 A03403-RENTFORRESIDENTIALBUILDING 70,000,000 66,151,434 94.5059 A03407-RATESANDTAXES 1,490,000 315,733 21.1960 A03805-TRAVELLINGALLOWANCE 75,000,000 58,982,097 78.6461 A03806-TRANSPORTATIONOFGOODS 1,500,000 54,290 3.62

62 A03807-P.O.LCHARGES,AEROPLANES,HELICOPTORS 25,000,000 20,883,556 83.53

63 A03808-CONVEYANCECHARGES 1,050,000 320,660 30.5464 A03901-STATIONERY 6,500,000 5,514,882 84.8465 A03902-PRINTINGANDPUBLICATION 3,500,000 2,888,215 82.5266 A03904-HIRE OF VEHICLES 100,000 0 0.0067 A03905-NEWSPAPERS,PERIODICALSANDBOOKS 8,000,000 7,051,304 88.1468 A03906-UNIFORMSANDPROTECTIVECLOTHING 1,000,000 205,532 20.5569 A03907-ADVERTISING&PUBLICITY 1,000,000 562,663 56.2770 A03913-CONTRIBUTION&SUBSCRIPTION 5,000,000 827,806 16.5671 A03917-LAWCHARGES 23,000,000 22,107,122 96.12

72 A03919-PAYMENTS TO OTHER FOR SERVICES RENDERED 500,000 90,000 18.00

73 A03970-OTHERS 5,000,000 3,112,987 62.26

74 A04106-REIMBURSEMENTOFMEDICALCHARGESTO PENSIONERS 8,000,000 3,338,123 41.73

75 A04114-SUPERANNUATIONENCASHMENTOFL.P.R 26,000,000 21,540,072 82.85

76 A05216-FIN.ASSTTOGOVTEMPL/FAMILIESLUMSUM 6,300,000 5,700,000 90.48

77 A05219-FINASISTTOGOVTEMPLY-EXPIRDSRVC-ED 100,000 24,000 24.0078 A05220-FINASISTTOFAMOFGVTEMPLY-EXPIRD-A 100,000 16,956 16.96

79 A05224-ASSISTPACKAGEFORFAMILIESOFGOVTEM 10,100,000 9,000,000 89.11

80 A05225-ASSTPKGFAMILIESOFGOVTEMPLOYEES-MA 1,000,000 0 0.00

81 A06301-ENTERTAINMENTS&GIFTS 4,100,000 2,254,936 55.0082 A09201-HARDWARE 2,000,000 1,433,557 71.68


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83 A09202-SOFTWARE 10,000 0 0.0084 A09203-I.T.EQUIPMENT 2,000,000 1,546,433 77.3285 A09204-LICENSEFEEFORSOFTWARE 1,000,000 440,000 44.0086 A09501-PURCHASEOFTRANSPORT 10,000,000 9,365,000 93.6587 A09601-PURCHASEOFPLANTANDMACHINERY 9,000,000 7,358,524 81.7688 A09701-PURCHASEOFFURNITUREANDFIXTURE 10,000 0 0.0089 A09899-OTHERS 100,000 89,363 89.3690 A13001-TRANSPORT 18,000,000 17,424,322 96.8091 A13101-MACHINERYANDEQUIPMENT 2,000,000 1,064,498 53.2292 A13201-FURNITUREANDFIXTURES 100,000 0 0.0093 A13301-OFFICEBUILDINGS 10,000 0 0.0094 A13303-OTHERBUILDINGS 10,000 0 0.0095 A13370-OTHERS 100,000 0 0.0096 A13801-MAINTENANCEOFGARDENS 100,000 0 0.00

Grand Total 1,964,000,000 1,806,043,316 91.96

Share of the Supreme Court of Pakistan in the Federal Budget since 2000-2001 to 2018-2019 (PKR in Million)

Year Total Budget Supreme Court Budget Percentage*2000-2001 686,104 84.587 .01 2001-2002 741,959 115.229 .02 2002-2003 747,674 128.289 .02 2003-2004 743,028 123.522 .02 2004-2005 786,573 140.736 .017 2005-2006 109,8000 140.736 .017 2006-2007 3,440,524.673 240.273 .00692007-2008 3,634,911.365 315.836 .00862008-2009 4,630,292.869 354.500 .00762009-2010 6,401,017.829 613.500 .00952010-2011 9,098,422.644 823.400 .00902011-2012 9,098,422.644 986.562 .012012-2013 10649770.248 1038.18 .00972013-2014 14312617.876 1113.161 .00772014-2015 18682730.770 1206.470 0.006452015-2016 13031700.606 1303.000 0.0092016-2017 13569388 1704.434 0.0132017-2018 5512924 1817.024 0.032018-2019 5932500 1964 0.033

* Share in Federal Budget


Budget of Supreme Court of Pakistan

84.587

115.229

128.289

123.522

140.736

140.736

240.273

315.836

354.5 613.5

823.4 986.562

1038.181113.161

1206.470 1303

1704.434

1817.024 1964

0

500

1000

1500

2000

2500

Financial Years

PKR

in M

illio

ns

Supreme Court’s Share in the Federal Budget (Percentage)

0

0.01

0.02

0.03

0.04

0.01

0.02 0.02 0.02 0.0170.017

0.0069

0.0086

0.00760.0095

0.0090.01

0.00970.0077

0.00645

0.009 0.013

0.030.033

Financial Years

In Pe

rcent

age


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CHAPTER 9

9.13 Staff Welfare FundInJuly,1990bytheorderofthethenChiefJusticeofPakistan,aStaffWelfareFundwasestablishedwithasumofRs.10,000/-.TheaimofthefundwastohelptheneedyandlowpaidemployeesoftheCourt.On27th July, 1990, theChiefJusticeofPakistanandthestaffmembersoftheCourtdonatedasumofRs.50,000/-towardsthefund.ThemembersofthestaffcontributedthesumsofRs.47,500/-,Rs.39,350/-andRs.91,000/-tothefundintheyears1991,1992and1993,respectively.

ACrossedChequeNo.G-827733dated30.06.1999forRs.500,000/- (Rupeesfivehundredthousandonly)wasreceivedfromtheFinanceMinistry,IslamabadonthedirectionofthePresidentIslamicRepublicofPakistanasadonationforthelowpaidstafffortheSupremeCourtStaffWelfareFund,outofwhichasumofRs.2,26,000/-waspaidtothelowpaidemployeesofthisCourtandbalanceofRs.2,74,000/-(Rupeestwohundredandseventy-fourthousandonly)wasinvestedinspecialsavingcertificates(Regd.)withPostOffice,SupremeCourtBranch,Islamabadand further in 2001, aTDR of Rs.500,000/- (Rupees five hundred thousand only)was purchased by the thenRegistrarofthisCourtoutofhisownpocketasadonationforStaffWelfareFund.

AsperpolicytheStaffWelfareFundisbeingusedforrepayableloanstobegiventostaffandinsomespecialcases,financialaidisalsogivenindeservingcasesonspecialorder.

S.No Name of Beneficiary Amount

1 AnwarUlHaq,Driver Rs.30,000/-

9.14 Beneficiaries of Begum Qurrat-ul-Ain Ramday Welfare Trust

Categories/officials Nos. Assistance Granted

PakPWD 8 225000

Qasid 2 50000

N/Qasid 2 50000

Police 2 50000

SCP Canteen 1 25000

EPB 1 50,000

Daftry 1 25000

Sweeper 1 25000

TOTAL 18 500000


Cou

rt As

soci

ate

(Prin

ting

Bran

ch)

Res

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ffice

rs

Assi

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O

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the

Cou

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9.15

Org

aniz

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har

t o

f th

e C

ou

rt



PICTORIAL PRESENTATION OF EVENTS10

PiCtoRiaL PReSentation

oF eVentS

CHAPTER 10

THE PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN DR. ARIF ALVI ADMINISTERING THE OATH OF OFFICE TO MR. JUSTICE ASIF SAEED KHAN KHOSA AS CHIEF JUSTICE OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHAN KHOSA ADMINISTERING THE OATH OF OFFICE TO HON’BLE MR. JUSTICE QAZI MUHAMMAD AMIN AHMED, FORMER JUDGE, LAHORE HIGH COURT ,

LAHORE, AS JUDGE, SUPREME COURT OF PAKISTAN


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THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHAN KHOSA ALONG WITH HON’BLE JUDGES PLANTING A SAPLING OF PINE AT SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHAN KHOSA IN A GROUP PHOTO WITH HON’BLE JUDGES AFTER PLANTING A SAPLING OF PINE AT SUPREME COURT OF PAKISTAN


THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHAN KHOSA PRESIDING OVER MEETING OF JUDICIAL COMMISSION OF PAKISTAN AT SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHAN KHOSA PRESIDING OVER MEETING OF THE NATIONAL JUDICIAL (POLICY MAKING) COMMITTEE AT SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHAN KHOSA PRESIDING OVER FULL COURT MEETING AT SUPREME COURT OF PAKISTAN


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THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHAN KHOSA PRESIDING OVER MEETING OF POLICE REFORMS COMMITTEE AT SUPREME COURT OF PAKISTAN

THREE MEMBER BENCH HEADED BY THE HON’BLE CHIEF JUSTICE OF PAKISTAN, MR. JUSTICE ASIF SAEED KHAN KHOSA HEARING CASES THROUGH VIDEO LINK SETUP AT SUPREME COURT OF PAKISTAN


THE HON’BLE MR. JUSTICE GULZAR AHMED, SENIOR PUISNE JUDGE SUPREME COURT OF PAKISTAN TAKING OATH OF OFFICE AS ACTING CHIEF JUSTICE OF PAKISTAN FROM HON’BLE MR. JUSTICE SH. AZMAT SAEED

THE HON’BLE MR. JUSTICE GULZAR AHMED ACTING CHIEF JUSTICE OF PAKISTAN ADMINISTERING THE OATH OF OFFICE TO HON’BLE MR. JUSTICE MUHAMMAD NOOR MESKANZAI, FORMER CHIEF JUSTICE OF HIGH COURT OF

BALOCHISTAN AS CHIEF JUSTICE FEDERAL SHARIAT COURT AT SUPREME COURT OF PAKISTAN.


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THE

HO

N’B

LE C

HIE

F JU

STIC

E O

F PA

KIST

AN

MR.

JUST

ICE

MIA

N S

AQIB

NIS

AR

PRES

IDIN

G O

VER

FU

LL C

OU

RT R

EFER

ENC

E O

N T

HE

EVE

OF

HIS

RET

IREM

ENT

AT S

UPR

EME

COU

RT O

F PA

KIST

AN


THE

HO

N’B

LE C

HIE

F JU

STIC

E O

F PA

KIST

AN

MR.

JUST

ICE

MIA

N S

AQIB

NIS

AR

IN A

GRO

UP

PHO

TO W

ITH

HO

N’B

LE M

R. JU

STIC

E A

SIF

SAEE

D K

HA

N K

HO

SA C

HIE

F JU

STIC

E O

F PA

KIST

AN

(DES

IGN

ATE)

AN

D H

ON

’BLE

JUD

GES

OF

THE

SUPR

EME

COU

RT O

F PA

KIST

AN

ON

TH

E EV

E O

F H

IS R

ETIR

EMEN

T


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THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR ADMINISTERING THE OATH OF OFFICE TO DR.ARIF ALVI AS PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR ADMINISTERING THE OATH OF OFFICE TO HON’BLE MR. JUSTICE YAHYA AFRIDI, CHIEF JUSTICE PESHAWAR HIGH COURT AS JUDGE SUPREME COURT OF

PAKISTAN


THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER FULL COURT MEETING AT SUPREME COURT OF PAKISTAN ISLAMABAD

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER THE FULL COURT REFERENCE ON THE SAD DEMISE OF MR. JUSTICE NASIM HASAN SHAH, MR. JUSTICE RANA BHAGWANDAS AND MR.

JUSTICE ZAFAR HUSSAIN MIRZA, FORMER JUDGES SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER THE CEREMONY OF NEW JUDICIAL YEAR 2018-2019 AT SUPREME COURT OF PAKISTAN


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THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER THE FULL COURT REFERENCE ON THE SAD DEMISE OF MR. JUSTICE SAJJAD ALI SHAH AND MR. JUSTICE AJMAL MIAN, FORMER CHIEF JUSTICES OF SUPREME COURT OF PAKISTAN, MR. JUSTICE MUKHTAR AHMED JUNEJO AND MR. JUSTICE HAMID ALI

MIRZA FORMER JUDGES SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER MEETING OF JUDICIAL COMMISSION OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER THE FULL COURT REFERENCE ON THE SAD DEMISE OF MR. JUSTICE SAEEDUZZAMAN SIDDIQUI FORMER CHIEF JUSTICE

SUPREME COURT OF PAKISTAN, DR. JUSTICE JAVED IQBAL , MR. JUSTICE CH.IJAZ AHMED AND MR. JUSTICE MIAN BURHANUDDIN KHAN FORMER JUDGES SUPREME COURT OF PAKISTAN


THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER MEETING OF POLICE REFORMS COMMITTEE AT SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER MEETING OF JUDICIAL COMMISSION OF PAKISTAN AT SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER THE CONCLUDING SESSION OF WORKSHOP ON THE RIGHTS OF TRANSGENDER PEOPLE AT SUPREME COURT OF PAKISTAN


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THE

HO

N’B

LE C

HIE

F JU

STIC

E O

F PA

KIST

AN

MR.

JUST

ICE

MIA

N S

AQIB

NIS

AR

IN A

GRO

UP

PHO

TO W

ITH

DEL

EGAT

ION

OF

COU

RSE

PART

ICIP

AN

TS O

N N

ATIO

NA

L SE

CU

RITY

&

WA

R CO

URS

E –

2019

AT

SUPR

EME

COU

RT O

F PA

KIST

AN

.


THE

HO

N’B

LE C

HIE

F JU

STIC

E O

F PA

KIST

AN

MR.

JUST

ICE

MIA

N S

AQIB

NIS

AR

IN A

GRO

UP

PHO

TO W

ITH

MEM

BERS

OF

OU

TGO

ING

AN

D N

EWLY

ELE

CTE

D C

ABI

NET

SU

PREM

E CO

URT

BA

R A

SSO

CIA

TIO

N O

F PA

KIST

AN

AT

SUPR

EME

COU

RT O

F PA

KIST

AN

.


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CHIEF OF ARMY STAFF, GENERAL QAMAR JAVED BAJWA PRESENTING A CHEQUE TO HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR AS DONATION TO SUPREME COURT OF PAKISTAN AND THE PRIME

MINISTER OF PAKISTAN DIAMER BASHA AND MOHAMAND DAMS FUND AT SUPRME COURT OF PAKISTAN

CHIEF OF AIR STAFF, AIR CHIEF MARSHAL MUJAHID ANWAR KHAN PAID A COURTESY CALL ON HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR AT SUPREME COURT OF PAKISTAN


MR. MUHAMMAD FAISAL VAWDA, FEDERAL MINISTER FOR WATER RESOURCES CALLED ON THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR AT SUPREME COURT OF PAKISTAN

BARRISTER KHAWAR QURESHI (QUEEN’S COUNSEL), INTERNATIONAL LAW ATTORNEY CALLED ON THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR AT SUPREME COURT OF PAKISTAN


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CHAPTER 10THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR RECEIVING DONATIONS TO THE

SUPREME COURT OF PAKISTAN AND THE PRIME MINISTER OF PAKISTAN DIAMER BASHA AND MOHAMAND DAMS FUND AT SUPERME COURT OF PAKISTAN


THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR RECEIVING DONATIONS TO THE SUPREME COURT OF PAKISTAN AND THE PRIME MINISTER OF PAKISTAN DIAMER BASHA AND MOHAMAND DAMS

FUND AT SUPRME COURT OF PAKISTAN


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THE PRIME MINISTER OF PAKISTAN MR. IMRAN KHAN ADDRESSING THE NATIONAL SYMPOSIUM ON “ALARMING POPULATION GROWTH IN PAKISTAN: CALL FOR ACTION” AT SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR ADDRESSING THE PARTICIPANTS OF ONE DAY SYMPOSIUM ON “AN ALARMING POPULATION GROWTH IN PAKISTAN: CALL FOR ACTION” AT



THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESENTING SOVINIOR TO THE PRIME MINISTER OF PAKISTAN MR. IMRAN KHAN AT THE NATIONAL SYMPOSIUM ON “ ALARMING POPULATION GROWTH

IN PAKISTAN: CALL FOR ACTION” AT SUPREME COURT OF PAKISTAN

H.E.MS.MARGARET ADAMSON, AUSTRALIAN AMBASSADOR TO PAKISTAN PAID A COURTESY CALL ON THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR


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MR. YAVUZ SELIM KIRAN TURKISH DEPUTY FOREIGN MINISTER PRESENTING SOUVENIR TO THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR ADDRESSING THE PARTICIPANTS OF “LAUNCHING CEREMONY OF POLICE REFORMS COMMITTEE REPORT POLICE REFORMS: WAY FORWARD” AT



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ACTIVITIES OF THE CHIEF JUSTICE OF PAKISTAN AND JUDGES11

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11.1 Federal Judicial Academy

ACTIVITIES OF THE CHIEF JUSTICE OF PAKISTAN AND JUDGES

The Federal Judicial Academy, the prime judicial training institute of the country was established through aResolution in 1988. Until 1997, it worked under theMinistry of Law & Justice, Government of Pakistan.However,given thesignificanceof the institutionandkeeping in view the principles of independence of judiciary, the Federal Judicial Academy Act, 1997 was enacted by the Parliament to make it a body corporate having perpetual succession and seal.

The Academy operates under the control and supervision ofaBoardofGovernors.TheHon’bleChiefJusticeofPakistanistheChairman,oftheBoardofGovernorsofthe Academy. Following are the aims and objects of the Academy:

(i) orientation and training of new Judges,Magistrates,lawofficersandCourtpersonnel;

(ii) in-service training and education of Judges,Magistrates,lawOfficersandCourtPersonnel;

(i) holding of conference, seminars, workshops, and symposia for improvement of the judicial system and quality of judicial work and;

(iii) publishing of journals, memories, researchpapers and reports;

FollowingisthesummaryofactivitiesofHon’bleChiefJusticeofPakistanandtheHon’bleJudgesoftheSupremeCourtduringtheperiod:

A. Activities of the Hon’ble Chief Justice of Pakistan and Hon’ble Judges of Supreme Court of Pakistan at Federal Judicial Academy, Islamabad from 1st June, 2018 to 31st May, 2019.

AsperrecordsofPrograms&CoordinationWing, theHon’ble Chief Justice of Pakistan/Chairman BoG FJA,Mr.JusticeAsifSaeedKhanKhosa,visitedthisAcademyonlyonceduringthegivenperiod(1st June 2018 to 31st May, 2019).TheHon’bleCJP graced the occasion ofone dayNational Conference on “Expeditious JusticeInitiative: A Roadmap to Time-Bound Criminal TrialRegime”, held at Federal Judicial Academy Islamabad on Saturday, 13th April, 2019.

Under the “Expeditious Justice Initiative,” ModelCriminalTrialCourts(MCTCs)withtime-boundcriminaltrial regime have been established in each district across thecountry.TheseModelCourtsareexpectedtodeliverfairandexpeditiousjusticethroughefficientservice delivery. The idea is to improve service delivery with optimum utilization of the available resourceswithintheexistinglegalframework

Inorder tomaterialize thisvision, ‘ExpeditiousJusticeInitiative’wasarticulatedandapprovedbytheNationalJudicial(PolicyMaking)Committeeon11.03.2019asapolicyguideline.The initiative introducedTime-BoundCriminal Trial Regime and establishment of Model CriminalTrialCourts (MCTCs). It is tobeexecuted asAction Document with a comprehensive monitoringandevaluationmechanism.

The National Conference was, therefore, planned asper dictates of the National Judicial (Policy Making)Committee reflected in Paragraph 9.1 of the ActionDocument.Itaimedatintroducingrelevantstakeholderswith this innovative initiative so as to secure theirownership and commitment. The conference was attendedbyalltheHon’bleChiefJusticesofprovincialHighCourts, all the116District andSessionsJudgesfrom across Pakistan, notified Judges of theMCTCsfrom all over Pakistan, and other key players of the criminaljusticesystem.

In his address, the Hon’ble Chief Justice of Pakistan,reaffirmed his commitment to the Constitution ofPakistan,Article37(D)ofChapter2,PrinciplesofPolicythat requires the State to provide ‘inexpensive andexpeditiousjustice.’Article10(a)oftheConstitutionofthe Islamic Republic of Pakistan 1973 guarantees the ‘RighttoFairTrial’asafundamentalright.‘Equalitybeforethelaw’isyetanotherfundamentalrightguaranteedbyArticle 25 of the Constitution. The three referencesfrom the Constitution of Pakistan unequivocallyestablishaccesstojusticeasthekeycomponentoftheConstitutionofPakistanthatcallsforawell-functioning,efficientandindependentadministrationofjustice.


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B. Activities of the Chief Justice of Pakistan in the Punjab Judicial Academy, Lahore from 1st June, 2018 to 31st May, 2019

Description Date of Visit

1.TheChiefJusticeofPakistan(Hon’bleMr.JusticeMianSaqibNisar)hasvisitedtheAcademyasChiefGuestontheOrientationProgramfor Trial Judges under newly introduced Pre-Trial System.

28-07-2018

11.2 Law and Justice Commission of Pakistan

A. LAW & JUSTICE COMMISSION OF PAKISTAN

The Law and Justice Commission of Pakistan is astatutory body with the mandate to review laws of the country and to make recommendations to theFederalandProvincialGovernments for improvement,modernizationandreform.TheCommission isheadedbytheHon’bleChiefJusticeofPakistanandcomprisesthirteenothermembersincludingtheChiefJusticesofthe Federal Shariat Court and High Courts, AttorneyGeneral for Pakistan, Secretary Ministry of Law andJustice, Chairperson for Commission on Status ofWomen and four non-official members representingfour provinces including Islamabad.

The Commission is also empowered to support the implementation of reforms to strengthen the rule oflawgenerallyand justiceservicedelivery inparticular.To this end the Commission conducts in house and collaborateswith other local and international bodiesand individuals to conduct research and policy analysis.

B. NATIONAL JUDICIAL POLICY MAKING COMMITTEE

The National Judicial (Policy Making) Committee is astatutory body mandated to formulate and implement judicial policy and prepare schemes for improving the capacity and performance of the administration ofjustice.TheSecretariatofLJCPprovidestechnicalandsecretarialservicestotheCommittee.TheHon’bleChiefJusticeofPakistan is theChairmanof theCommitteeandtheChiefJusticesFederalShariatCourtandHighcourts are its members.

Since its establishment in 2002, the NJPMC is striving toimprovetheadministrationofjusticeinthecountry.FormulationandenforcementofNationalJudicialPolicy2009 is a milestone in the judicial history of the country. The Policy sets three major goals: (i) strengtheningjudicial independence by ensuring its separation fromthe executive, (ii) eradication of corruption from thejudiciaryand(iii)toensureexpeditiousdispensationofjusticeasmandatedbytheConstitutionoftheIslamicRepublic of Pakistan.

OneofthekeyfunctionsoftheNJPMCistomaintainand evaluate the performance and publish annual and periodic reports on the institution and disposal ofcasesbyvarious courts.Pursuant to thedirectionsofthe NJPMC, different types of statistical informationis being collected on daily, fortnightly, monthly and on time specific basis formonitoring theperformanceofcourts with regard to disposal of cases.

C. ACCESS TO JUSTICE DEVELOPMENT FUND

The Government of Pakistan established a statutoryendowment fundwith thenameof “Access toJusticeDevelopment Fund (AJDF)” in 2002 to address theissue of chronic budgetary constraints in judicial and legal sectors in Pakistan. The Fund is being administered by theLJCP.AJDF is aunique fundingmechanism tosustain and deepen reforms in the justice servicedelivery and legal empowerment.

The principal amount of Rs. 1421 million is non consumable and meant for investment to generate incometomeetthepurposesoftheFund.TheHon’bleChief Justice of Pakistan is the Chairman of theGoverning Body of the Fund, othermembers includethe Chief Justices of the High Courts and FederalSecretariesof theFinanceandLawDivisions and theSecretary LJCP is the designated Secretary of the GoverningBody.

ThekeyobjectiveoftheFundistostrengthendistrictjudiciary therefore the substantial amount of profitearned through investment of the principal fund is made available for infrastructure development of the district judiciary. Till to date, ample amount has been releasedtoHighCourts forstrengthening theDistrictJudiciary.ThisamounthasbeenutilizedtoimprovetheinfrastructureofdistrictCourts, automationofCourtsand provision of Courts related conveniences and amenitiestothelitigants.


Activities related to the Law & Justice Commission of Pakistan

Institutional Reforms:

The ‘PoliceReformCommittee (PRC)’wasconstitutedby the Hon’ble Chief Justice of Pakistan videnotification dated15th May, 2018 to deliberate upon the subject to come up with a concrete proposals for uniformModel Law, the Secretariat of Law& JusticeCommission of Pakistan, provided the logistic andtechnical support to the Committee. The ‘PRC’ afterthorough deliberation on the issues pertaining to thecapacity building and service delivery of Police force, compiled a detailed report “Police Reforms: Way Forward”.TheCommittee is continuouslyworking forfair implementation of the recommendations of PRC.ThePRC submitted its initialReport toHon’bleChiefJusticeofPakistan in themeetingdated06th August, 2018,whichwasattendedby theHon’bleMr.JusticeAsifSaeedKhanKhosa,SeniorPuisneJudge;Hon’bleMr.JusticeManzoorAhmadMalik,Hon’bleMr.JusticeSyed Mansoor Ali Shah, Hon’ble Mr. Justice MunibAkhter,Hon’bleMr.JusticeYahyaAfridiHon’bleJudgesofthisCourt.TheHon’bleChiefJusticeofPakistan inthismeeting constituted a SteeringCommittee underthesupervisionofHon’bleMr.JusticeAsifSaeedKhanKhosawithHon’bleMr.JusticeManzoorAhmadMalikasitsmemberforimplementationofreformssuggestedintheReportofPoliceReformCommittee.

Meetings of Steering Committee on Police Reforms:

Since its constitution the Steering Committee onPolice Reforms has held various meetings under theChairmanship of Mr. Justice Asif Saeed Khan Khosa,Hon’ble Chief Justice of Pakistan/Chairman, Law &JusticeCommissionofPakistan.ThesemeetingshavebeenattendedbyalltheIGPsandotherstakeholders.

InfirstmeetingofSteeringCommitteeonPoliceReformsheld on 29th October, 2018 theCommitteedeliberatedupon the comprehensive recommendations given bythe PRC and pondered over the way forward for the effective implementation of the recommendationsgiven in the Report of Police Reform Committee.The Committee emphasized on devising oversightmechanism for grievance redressal and for improvement inthequalityofinvestigation.

In its meeting dated 7th January, 2019, the Steering Committee, reviewed the statusof implementationofits decisions. In saidmeeting itwas resolved that theestablishment of grievance redressal mechanism within PoliceForceisdirelyneededforeffectiveservicedeliveryand public satisfaction. In that meeting the scenariofor the establishment of uniform Complaint Redressal centers for external and internal police accountabilitywasalsotakenintoconsideration.

The Steering Committee of Police Reforms in itsanother meeting dated 11th February, 2019 reviewed the performance of complaint redressal mechanism established in all the provinces of the country and it was

resolved that in order to monitor the working of Complaint Redressal System, the monthly Reports of all the complaint redressal Cells be sent to LJCP.

In another meeting of this Committee (PRC) heldon 06th May, 2019 to discuss on the agenda items pertainingto;(i)TheperformanceofPubliccomplaintsredressal mechanism; (ii) Measures taken to improvequality of investigation and result thereof; (iii)Outputof liaison with Judicial Academies for joint training of IOs and prosecutors; (iv) Enhancing the effectivenessofCriminal Justice System in dealingwithATA cases;(v) Proposal for organizing a National Conference ontheinvestigationbytheLJCPincollaborationwiththeNationalPoliceAcademy(NPA)atNPAIslamabad.

The “8th Judicial Conference”, “Towards Regional Economic Integration & Rule of Law”:

The two days Judicial Conference on Theme “Towards Regional Economic Integration & Rule of Law” was convened on 4th - 5th May 2018 at the Supreme Court of Pakistan Building, Islamabad, to deliberate upon fivethemesrelevanttolaw,justiceandeconomic.Theinaugural and concluding sessions were chaired by the Hon’ble Chief Justice of Pakistan and the thematicgroupschairedbytheHon’bleJudgesoftheSupremeCourt of Pakistan. The thematic groups focuseddiscussions on (i) Regional, Economic Integrationand Effective Dispute Resolution Mechanism in TheContext ofChina-PakistanEconomicCorridor (CPEC),(ii)AlternativeDispute ResolutionMethodologies andDeterring Factors, (iii) Strategy for Delay ReductionandExpeditiousDisposalofBacklogofCases,(iv)LegalEducation and Uniform Selection Criteria for JudicialOfficersinPakistanand,(v)RelationshipofPoliticalandEconomicStabilitywithRevampingofCriminalJusticeSystem.

Seminar on the Rights & Welfare of Transgender Persons

Inorder toprovideaccess to justice toeachsegmentof Society and to understand the miseries of the most suppressed transgender community a Seminar on the Rights&WelfareofTransgenderPersonswasheldintheSupreme Court of Pakistan under the aegis of the Law &JusticeCommissionofPakistanincollaborationwiththePunjabSocialProtectionAuthority,GovernmentofPunjab on 09th August, 2018.TheHon’bleChiefJusticeof Pakistan/Chairman, Law and Justice Commissionof Pakistan chaired the concluding session wherein His Lordshipwasbriefed about the recommendationsformulated for Policy framework aimed at the welfare of the transgender community, advocacy for registrationwith NADRA and sensitization of the Governmentagencies as well as public for behavioral changes towards the community.

Effective enforcement of Transplantation of Human Organs & Tissues Act, 2010

TheHon’ble Chief Justice of Pakistan/Chairman, Law


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& Justice Commission of Pakistan chaired variousconsultative workshops with respect to “effective enforcement of Transplantation of Human Organs & Tissues Act, 2010” with relevant stakeholders and representatives of all the provinces responsible forimplementation of the law. On basis of deliberationsandcomparativestudyof recommendationsofall thestakeholders a comprehensive report was prepared for issuance of uniform guidelines for effectiveimplementationofTransplantationofHumanOrgans&Tissues Act, 2010, in the country.

National Symposium on ‘Alarming Population Growth in Pakistan: Call for Action’

A National Symposium on ‘Alarming Population Growth in Pakistan: Call for Action’ was arranged by the Law&JusticeCommission of Pakistan under theChairmanshipof theHon’bleChiefJusticeofPakistanheld on 5th December, 2018. The event had an historical impactasthePrimeMinisterofPakistanfirsttimeinthehistorygracedtheevent.TheHon’bleChiefJusticeofPakistanhighlightedthealarminggrowthofpopulationand also stressed that the religious scholars could play a vital role in creating awareness regarding tacklingthe issueof alarmingpopulation growth.TheHon’bleChiefJustice of Pakistan further stated that issues ofpopulationgrowthandenvironmentare interlinkedasglobal warming also affects the climate having directimpact on the well-being of population. The Hon’bleChief Justice of Pakistan also stated that ten billiontreeswouldbeplantedinthecountry inthenextfiveyears for betterment of the environment. Moreover,itwasemphasizedthatthere isadireneedtoincludethesubjectofenvironmentandpopulationplanninginschool curriculum.

Consultative Session for Upscale Production of the Stem Cell Breakthrough:

In Constitutional Petition No. 73/2018, the Hon’bleCourt directed theSecretariat of the LawandJusticeCommission of Pakistan, to arrange a consultativesessionforfinalizingtherecommendationsforpromotionof stem cell research in Pakistan. In compliance of the Courtorderameetingwasheldon07th January, 2019 at the Secretariat of LJCP, the Hon’ble Chief Justiceof Pakistan presided over themeeting to discuss theStandardOperatingProcedures(SOPs)fordevelopmentof adequate system to provide congenial environment for research on the subject.

Launching Ceremony of Police Reforms Committee Report “Police Reforms: Way Forward”:

One-dayeventwasorganizedbytheSecretariatofLJCPon 14th January, 2019 as part of its mandate to create awarenessandtoprovideaforumfortheparticipantstodeliberate the recommended reforms in said report. The Hon’bleChiefJusticeofPakistangracedtheoccasion.

Activities related to National Judicial Policy Making Committee (NJPMC).

The NJPMC Meeting dated 8th January, 2019:

Under the chairmanship of the Hon’ble Mr. JusticeMianSaqibNisar,ChiefJusticeofPakistan/Chairman,NJPMC, meeting of the Committeewas held on the8th of January, 2019, at the Supreme Court of Pakistan, Islamabad, in which the following decisions were taken;

a. All the relevant stakeholder departments may be advised to ensure timely submission ofchallans within statutory period. Moreover, the Committee also resolved that all the vacantposts in the superior as well as district judiciary maybefilledonimmediatebasis.

b. ApprovedrecommendationsforpreparationofPC-I by LJCP Secretariat for the establishment of National Judicial Automation Unit (NJAU)which will be a team of IT experts workingunder Chairman NJAC i.e. an Hon’ble JudgeSupreme Court of Pakistan.

c. Approved the group recommendations inthe Islamabad Declaration in the 8th Judicial Conference.

d. Directed that LJCP Secretariat shouldcontinuouslymonitortheperformanceoftheAdministrativeTribunals / SpecialCourts andapprisetheCommitteeonregularbasis.Itwasalso directed that all the vacant posts in the Administrative Tribunals and Special Courtsshouldbeimmediatelyfilledup.

e. Approvedtherecommendationsintheone-daymeetingofChairmenandPresidingOfficersoftheAdministrativeTribunals/SpecialCourts.

f. TheCommittee showeddispleasureover theinordinate delay in construction of ModelJail Islamabad and directed that the Sub-committeeformedtoaccelerate theprogressof construction of the jail should meet onmonthly basis.

The NJPMC Meeting dated 11th March, 2019:

TheNJPMCmeetingdated11.3.2019was convenedunder the Chairmanship of Hon’ble, Mr. Justice AsifSaeedKhanKhosa,ChiefJusticeofPakistanatSupremeCourtofPakistan,Islamabad,whichwasalsoattended(On Special Invitation) by the Hon’ble Mr. JusticeGulzarAhmed,SeniorPuisneJudge,SupremeCourtofPakistan, wherein, the following decisions were taken;a. TheCommitteeapprovedtheestablishmentof

the Model Courts throughout Pakistan along with its SoPs and directed the High Courts to designate judges for the said Model Courts to initiallytryoldestmurderandnarcoticscases.

b. It was decided that the High Courts and Session Courts may only entertain applications/casesundersection22ACr.P.C.,1898,oncethe complainant has exhausted the remedy


before the complaint redressal center of Police Department.

c. The Committee directed to approach theFederal and Provincial Governments forfillingupofvacantpostsintheAdministrativeTribunals and Special Courts.

d. It was also directed that the High Courts shouldimmediatelyfill-upvacantpostsintheHigh Courts and district judiciary.

The NJPMC Meeting dated 29th April, 2019:

TheNJPMCmeetingdated29.4.2019was convenedundertheChairmanshipoftheHon’bleChiefJusticeofPakistan, at the Supreme Court of Pakistan, Islamabad, whichwasalsoattended(OnSpecialInvitation)bytheHon’bleMr.JusticeGulzarAhmed,SeniorPuisneJudge,Supreme Court of Pakistan, in which the following decisions were taken;

a. The Committee reviewed the complaintredressal mechanism under section 22 A (6)Cr.P.C and decided that an aggrieved person shall have a choice to approach either SP Complaints or Justice of Peace directly whoshall call a report from the concerned SP Complaint within seven days.

b. TheCommitteeobservedthatalargenumberofvacantpostsstillexistintheAdministrativeTribunals and Special Courts and directed the Secretary, LJCP, to convey the Committeeseriousconcernsduetonon-fillingupofpostsin the Administrative Tribunals and SpecialCourts.

c. The Committee also directed that due toshortage of human resource in the NJPMC Wing,proposalfornewandregularstaffshouldbe sent to the federal government. Moreover, as a stop gap arrangement a proposal be submitted to the Hon’ble Chairman LJCP/NJPMCforapprovaltohireofficersandstaffon contract, whose salaries could be from AccesstoJusticeDevelopmentFund.

d. TheCommitteedirectedthatacomprehensiveworking paper may be submitted regardingroadmapforestablishmentofGender-BasedViolence Courts. Similarly, it was also directed that a detailed working paper containing statistics regarding juvenile and childmattersmay be placed before the Committee toconsider setting up of Juvenile and ChildCourts throughout Pakistan.

Meeting of all the Chairpersons, Drug Courts:

A Meeting of all the Chairpersons, Drug Courts inPakistan was held on the 3rd July, 2018, under the ChairmanshipofHon’bleMr.JusticeMianSaqibNisar,Chief Justice of Pakistan/Chairman, National Judicial(PolicyMaking)Committee,intheCommitteeRoomofthe Supreme Court of Pakistan, Islamabad, for reviewing

performance of the said Courts and resolving their issueslikeshortageofstaffandavailabilityofnecessaryinfrastructure to ensure speedy disposal of cases.

TheHon’bleChiefJustice showeddispleasure on theslowdisposalratesoftheDrugCourtsandobservedthatnoneofthecourtshaveachievedasatisfactorydisposalratedespitedirectionsinmeetingoftheChairpersonsandPresidingOfficersofalltheAdministrativeTribunalsandSpecialCourts(bothFederalandProvincial)dated03-02-2018andfirmlydirectedthattherateofdisposalmaybebroughtupto60%withinthenextthreemonths,towipeoutthependencyofcases.Hecautionedthatunder performers would be strictly dealt with.

TheChairmenDrugCourts informed that accelerateddisposal could not be achieved mainly due to the reason thattherequisitestaffandmembersoftheDrugCourtsare not available. It was also informed that the Technical Members are not interested in performance of their dutiesastheyaregivenameagersumofRs.700/-asdaily allowance with a maximum of Rs.10000/- permonth. It was pointed out that the Technical Members reside at far off stations andwerenot able to attendproceedings of the Courts. On the other hand, it was informed that in Punjab, Technical Members were hired inBPS19forDrugCourts.

It also transpired that after the devolution of powersunder the 18th Amendment, the subject of DrugCourts had devolved on the provinces, however, with the exceptionofPunjab, theother provinces hadnottaken control of the Drug Courts. Furthermore, theChairpersons of the Drug Courts informed that thesanction of prosecution by the respective SecretariesoftheHealthDepartmentsconsumeun-necessarytimeandsometimestheaccusedhasdiedtheirnaturaldeathwhen the case is put into a Court.

Upon this, the Hon’ble Chairman, NJPMC observedthatshortageofstaffetc.,shouldnotbeanimpedimentin the dispensation of justice. However, the Hon’bleChiefJusticedirectedtheSecretary,LJCP, toexaminetheDrugLawsinPakistanforsuggestingamendmentsthereinforexpeditiousdisposalofcases.Alsodirectedthat the relevant ministries and high courts should be requested to make available resources to the DrugCourts.HefurtherdirectedtotheAdditionalRegistrar(Administration) Supreme Court of Pakistan to alsochalkouttheproblemsoftheDrugCourtsandcontacttherelevantauthoritiesfortheirimmediateredressal.

Two-day International Symposium-Creating a Water-Secure Pakistan, dated 19-20 October, 2018:

UnderthedirectionsofthethenHon’bleChiefJusticeofPakistan/Chairman,NJPMC,Mr.JusticeMianSaqubNisar, for addressing the issue of water scarcity in Pakistan, a two-day, international Symposium washeld on 19-20 of October, 2018 at Supreme Court of Pakistan Building, Islamabad, on the theme “Creating a Water-Secure Pakistan”.Forthesaidevent,theHon’bleChief Justice of Pakistan, constituted an Organizing


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CommitteeconsistingofHon’bleMr.JusticeUmarAtaBandial, Judge Supreme Court of Pakistan, and Mr. JusticeIjaz-Ul-Ahsan,JudgeSupremeCourtofPakistan.

The Committee held number of meetings withrelevant stakeholder departments of the Federal and Provincial Governments such as Planning Division,WAPDA, Ministry of Climate Change, NESPAK,Irrigation, Forest and Public Health Engineering andAgriculture Departments, etc., and other water andtechnicalexpertstodiscussthetopicsrelevanttowaterscarcity,constructionofnewdams,waterpreservationand water pricing, etc., and strategy for holding the aforementionedinternationalsymposium.

The inaugural sessionof the International SymposiumwasgracefullychairedbyHisExcellency,thePresidentof Islamic Republic of Pakistan. The symposium was participated by national and internationalWater LawandWater ResourceManagement experts,Academia,Jurists, representatives of the relevant Federal andprovincial ministries/ departments, federal ministers,present and past members of parliament and provincial assemblies, etc.

TheconcludingsessionwaschairedbytheHon’bleChiefJusticeofPakistan.HisLordshipinconcludingaddressstated that the right to life and provision of safe drinking water are fundamental rights, as is also envisaged in the Constitution. It is therefore, the responsibility of thestatetoprovidethisbasicfacilitytoeverycitizenofthecountry. However, during last 40 years no large dams have been constructed with the increase in water usage, Pakistan has become water scarce country; therefore it is the responsibility of the State as well as the people of Pakistan to take all measures to overcome the issue ofwaterscarcity.Healsostatedthatthe IndusWaterTreatywasexecutedunderextraordinarycircumstancesand Pakistan is not fully utilizing the water madeavailable to it under the treaty. The Chair thanked the foreignexpertsforparticipatinginthesymposiumandstatedthatPakistancouldlearnfromtheexperiencesofthose foreign countries which have overcome the issue of water scarcity.

TheinternationalexpertsfromUnitedStatesofAmerica,Australia and South Africa etc. discussed various issues of river basins in the said countries which are similar to IndusRiverBasinandalsosharedtheirexperiences inovercoming water scarcity and other water management issues in their countries. They also deliberated on eradicationofsedimentationinthedamsandtheneedforconstructionoflargeandsmalldamsandreservoirs.Theypresented their researchpapersduring thematicsessions. The recommendations of thematic sessionswere presented before the House in the concluding session and the same were approved by the house as the Islamabad Declaration 2018. He further stated that theIslamabaddeclaration2018shouldbeimplementedby the executive so that the goal of water-securePakistan could be achieved.

Activities Related to Access to Justice Development Fund (AJDF):

1. Duringtheperiodunderreport,twomeetingsoftheGoverningBodyofAccesstoJusticeDevelopmentFund (AJDF)wereheldon8th January, 2019 and 29th April, 2019, respectively, and two meetings of theTechnical EvaluationCommittee (TEC)were also heldduring this period on 1st September, 2018 and 8th December, 2018, respectively. The above meetingswerechairedbytheHon’bleChiefJusticeofPakistan/Chairman,Law&JusticeCommissionofPakistan.

2. The Governing Body considered theperformance of the AJDF in terms of investments,disbursements to High Courts, Under-DevelopedRegions (UDR), District Legal EmpowermentCommittees (DLECs) and other windows, inclusionof Islamabad High Court and releases of funds to the Provincial Judicial Academies.

3. TheGoverning Body headed by theHon’bleChiefJusticeofPakistanapprovedallocationof fundsin the Judicial Development Fund (JDF) Window ofAJDF up to financial year 2017-18, thewindow thatcaters for improvement of the infrastructure in district courts, automation of courts and provision of courtsrelatedconveniencesandamenitiestothelitigants.TheGoverningBody,AJDFinitsmeetingdated8th January 2019 approved to include Islamabad High Court in theJudicialDevelopment Fund (JDF) alongwith shareallocationformula.ShareallocationinallthewindowsoftheAJDFfortheFY2013-14toFY2017-18wasalsoapprovedbytheGoverningBodyinitsmeetingheldon29th April, 2019 and resultantly, funds of Rs.2,022.72 million are now available for release in seven window oftheAJDF.Amongthese,fundsofRs.1,185.98millionare available for release under Judicial DevelopmentFund (JDF) for subordinate courts. For the first timefunds for subordinate judiciary in the ICT have been allocatedundertheJDFwindowandRs.50millionareavailable for release to Islamabad High Court to support the district and lower judiciary in terms of provision of facilitiesinthecourts.

4. This Secretariat has established 108 DistrictLegal Empowerment Committees (DLECs) across thecountry headed by the respectiveDistrict& SessionsJudges,includingDeputyCommissioner,SuperintendentJail,PresidentDistrictBarandrepresentativefromcivilsociety as members. This forum receives applicationsfrom the deserving litigants and appoints legalpractitioners from the approved list of the concernedHigh Court for the assistance before the court of law. A total amount of Rs.54.6 million has been released to all the 108-districts including two districts of Islamabad Capital Territory (ICT). This funding is on need basisand is released after utilization of previous releases.During the period, an amount of Rs.69.1 million hasbeen approved for disbursement to theDistrict LegalEmpowerment Committees (DLECs). The GoverningBody,AJDF in itsmeeting held on 8th January, 2019 approved to release funds @Rs.400,000/- to DLEChaving80%utilizationofreleasedfunds.Resultantly,an


amount of Rs.7.6 million was released during the period fortheDLECswhichhadutilizedfundsalreadyreleasedto them.

5. In addition, 10% share of the income of theFund is allocated to another window namely Special ProjectsintheUnder-DevelopedRegions(SPUR)purelycreated for under-developed areas of the country support to bring them at par with the other developed areas of the country. In this regard, previously, an amount of Rs.84.31 million has been released to the Provincial High Courts for undertaking special infrastructure development projects in the designated underdeveloped areas of the respective provinces.During the period under report, theGoverningBody,AJDF under the Chairmanship of the Hon’ble ChiefJustice of Pakistan/Chairman, LJCP has approvedallocation of share amounting to Rs.109.2million fortheUnder-Developed Regions (UDR)Window and asa result an amount of Rs. 114.4 million is available for release to the respective Provincial High Courts fordesignated under developed districts. The respectiveHigh Courts have been requested to share the work plans for release andutilizationof funds tomeet theobjectivesoftheFundeffectivelyandefficiently.

6. Similarly, from theUnder-DevelopedRegions(UDR) Window, Rs.22 millions have been approvedby the Governing Body in its meeting held on 29th April, 2019 up to Financial Year 2017-18 for Under-DevelopedRegionsoftheerstwhileFATAareastobringthematparwithotherdistrictoftheprovince.DuringthemeetingoftheGoverningBody,AJDF,theHon’bleChair desired the Peshawar High Court to formally share caseforconsiderationoftheGoverningBody,AJDF.

7. TomeettheobjectivesoftheAJDFWindowsin promoting legal research, innovation and reform inthejusticesectorandlegaleducation,theestablishmentof Research Centers in districts has been envisioned by the judicial leadershipand theGoverningBody,AJDFin itsmeetingdated29th April, 2019 has directed the respectiveHighCourts to initiateproposals to realizethe envisaged research culture.

8. Moreover, funds are also allocated to the WindownamelyLegalEmpowermentFundforprovidingclinical legal aid, fundamental rights, representation inpublic interest litigation, public awareness and legalliteracy campaigns and awareness on environmental

laws. LJCP has funded 50 projects so far by releasing funds of Rs.49.709 million to the reputed NGOs/Organizations/Researchers/Scholars across thecountry. The projects were aimed at providing legal aid and awareness, legal empowerment, basic human rights, violence against women etc. In this regard, ten phases of theAJDF to cover thesewindowswerepreviouslylaunched. During the period, the Governing Body,AJDFinitsmeetingheldon29th April, 2019 accorded approval to launch 11thPhaseofAJDFwhichhasnowbeenadvertisedinnationalandregionalnewspaperson6th September, 2019.TheGoverningBody,AJDFhasapproved allocationofRs.467.5million in total underthe Legal Empowerment Fund Window; Judicial andLegal ResearchWindow and for Innovations in LegalEducationwhicharepartofthe11thPhaseoftheAJDF.

9. In addition, the Governing Body, AJDFhas also approved to release funds to the Federal &Provincial Judicial Academies (F&PJAs) for capacitybuildingtrainingofthejudicialandnon-judicialofficersand staff. The Governing Body, AJDF in its meetingheld on 8thJanuary,2019approvedtheshareallocationformulafortheF&PJAsuponrecommendationsoftheTechnical Evaluation Committee (TEC) of AJDF. Asper TEC considerations, 25% share of the allocatedamount is earmarked for Federal Judicial Academy while the remaining 75% share is distributed amongst the Provincial JudicialAcademies to support the activitiesnotcoveredundertheirregularbudget.TheGoverningBody, AJDF in its meeting held on 29th April, 2019 approved the release of funds to Federal and Provincial Judicial Academies subject to sharing of detailed work-plans reflecting activities, estimates and timelines.TheGoverningBody,AJDFintheabovesaidmeetingapprovedallocationofRs.129millions for theFederaland Provincial Judicial Academies windows. Proposals from Federal and all Provincial Judicial Academies have beenreceivedandinprocessofscrutinytorationalizethe budget estimates in accordance with the AJDFRules and Procedures.

10. It is hoped that, through funding support fromtheAccesstoJusticeDevelopmentFund(AJDF),it would be possible to achieve the goals in line with the vision of the judicial and political leadership, andthejusticesectorwillbeabletoprovidebetterservicedeliveryandaffordableandequitableaccesstojusticein the country.


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11.3 Foreign Tours/Visits of the Chief Justice and Judges

Name Official Visit

Hon’bleMr.JusticeMianSaqib Nisar, 1. OfficiallyvisitedTurkeyfrom16.12.2018to18.12.2018.

Hon’bleMr.JusticeAsifSaeedKhanKhosa

1. ParticipatedintheBiennialMeetingoftheCommonwealthJudicialEducationInstituteinPortofSpain,TrinidadandTobagofrom15.11.2018to18.11.2018.

2. ParticipatedinaConferenceatTurkeyfrom12.12.2018to17.12.2018.

3. AttendedIXSt.PetersburgInternationalLegalForumheldinSaintPetersburg,Russia from 13.05.2019 to 18.05.2019.

Hon’bleMr.JusticeGulzarAhmed

1. OfficiallyvisitedUSAforraisingfundsfor“DiamerBasha&MohmandDam”from29.11.2018 to 08.12.2018

Hon’bleMr.JusticeFaisalArab

1. ParticipatedintheConferenceofHagueConventionheldinMiami,Florida,USAfrom 23.10.2018 to 26.10.2018.

2. ParticipatedinasymposiuminSingaporefrom28.03.2019to30.03.2019.

Hon’bleMr.JusticeIjazul Ahsan

1. ParticipatedintheWorldEnforcementConferenceheldinChinafrom20.01.2019 to 23.01.2019.

Hon’bleMr.JusticeSajjad Ali Shah

1. Participatedinthe150th Establishment Anniversary of the Council of State of the Republic of Turkey held in Turkey from 24.10.2018 to 26.10.2018.

Hon’bleMr.JusticeMushir Alam

1. AttendedSeminarforJudgesfromSCOMemberStatesinChina,from13.04.2019 to 27.04.2019.

Local Visits:

Name Official Visit

Hon’bleMr.JusticeMianSaqib Nisar,

1. VisitedtheshrineofHazratDataGanjBukhshontheeveof975thAnnualUrsFestivalasChiefGueston28th October, 2018 and performed the ritual of “Chadar Poshi”.

Hon’bleMr.JusticeAsifSaeedKhanKhosa

1. ParticipatedasChiefGuestintheFunctionheldonSaturday9th March, 2019 at the amphitheatre, Atchison College, Lahore.

2. ParticipatedasChiefGuestinthe11thGraduationCeremonyofLLBGraduatesof Pakistan College of Law held on 30thMarch,2019atthePearlContinentalHotel, Lahore.


11.4 Nominations of Hon’ble Serving/Former Judges/officers of this Court in respect of different Institutions/Organizations

Name of Hon’ble Judge Nomination

Mr.JusticeAsifSaeedKhanKhosa Hon’bleChairman,FederalJudicialAcademy,Islamabad.

Hon’bleChairman,LawandJusticeCommissionofPakistan,Islamabad

Chairman,AdministrativeCommittee,FederalJudicialAcademy,Islamabad

Mr.JusticeGulzarAhmed Chairman,DisciplinaryTribunal,PakistanBarCouncil

ChairmanEnrolmentCommittee,PakistanBarCouncil,Islamabad.

Mr.JusticeMushirAlam MemberExecutiveCouncilofAllamaIqbalOpenUniversity,Islamabad(termexpired)

Member,SyndicateQuaid-e-AzamUniversity,Islamabad.

ChairmanDepartmentalSelection/PromotionCommitteeSupremeCourt of Pakistan

Mr.JusticeUmarAtaBandial Member,AdministrativeCommittee,FederalJudicialAcademy

MemberDepartmentalSelection/PromotionCommittee

Chairman,DisciplinaryCommittee,PakistanBarCouncil,Islamabad.

Mr.JusticeQaziFaezIsa LiaisonJudgeonUK-PakistanProtocolonChild&FamilyLaws

Member,CommitteeforEnhancingEnvironmentalJustice(CEEJ)

Mr.JusticeManzoorAhmedMalik Chairman Federal Review Board

Mr.JusticeFaisalArab Member,InternationalHagueNetworkofJudges(IHNJ)

Mr.JusticeSyedMansoorAliShah Member,CommitteeforEnhancingEnvironmentalJustice(CEEJ)

Mr.JusticeMazharAlamKhanMiankhel MemberSelectionBoardQuaid-i-AzamUniversity,Islamabad

Mr.JusticeQaziMuhammadFarooq,Hon’bleformerJudge Member,BoardofGovernors,VirtualUniversityofPakistan,Lahore

Mr.JusticeMianShakirullahJan,Hon’bleformerJudge

Chairman,NationalIndustrialRelationsCommission

Member,PakistanMedical&DentalCouncil

MemberofBoardofGovernors,NUML,Islamabad.

Member,LawandJusticeCommissionofPakistan

Mr.JusticeTariqParvez,Hon’bleformerJudge Member,BoardofGovernors,AirUniversity,Islamabad

Mr.JusticeRajaFayyazAhmed,Hon’bleformer Judge MemberBoardofGovernorsofRiphahInternationalUniversity.

Registrar, Supreme Court of Pakistan MemberDepartmentalSelection/PromotionCommittee



SUPREEME COURT OF PAKISTAN AND MEDIA12

SuPReeMe CouRt oF PaKiStan and Media

CHAPTER 12

Under the Constitutional scheme of 1973, thereare three pillars of the State i.e Legislative, Judiciary, Executive.Judiciaryisoneofthemostimportantorganof the State. Supreme Court is the highest court in judicialhierarchyofPakistan.Itisapexcourt,andfinalarbiter of law and Constitution in the country. Being the custodian of Constitution it believes in freedom of every institution including media to play its constructive, positive and productive role to educate, guide, inform and entertain people for the welfare of society. Supreme Court has given free and easy access to media to cover routine as well as important constitutional and general cases of public interest to disseminate information to public at large to create awareness about their legal and constitutional rights as enshrined in Constitution of Islamic Republic of Pakistan, 1973.

Special invitations are extended to media to coverspecial events like full court meetings, oath taking ceremonies, full court references, new judicial year ceremonies, roll signing ceremonies of Advocates and delegation meetings. The Court establishment facilitates media to carry out their duties in an effective manner byreservingspecialseats/desksformediaineachcourtroom along with better sound system installed on each

desk. A room has also been allocated in the Supreme Court building to facilitate their work. A space in front of Supreme Court building has also been given to media to install their cameras to interview the lawyers on different constitutional matters.

Moreover, a media cell in Supreme Court has also been established to keep close liaison with beat reporters to keep them abreast of the new developments taking place in Supreme Court through email, fax,text messages andWhatsApp. All the press releasesand important judgments are also hosted on official website of Supreme Court which is another source of information about the court and its activities. The court proceedings find ample coverage in the press, which is a vital source of information for the general public on legal and judicial issues.

Some of the press clippings from 1st June, 2018 to 31st May, 2019 are included however, some important articles / editorials published in different newspapersduring the publication of the report have also been incorporated.

SUPREME COURT OF PAKISTANAND THE MEDIA


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The Express Tribune 14-06-2018

Press clippings reflecting media coverage ofSupreme Court Orders/Directions


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The Daily Dawn 19-06-2018


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Federal Shariat Court

Present Composition

ChiefJustice,Mr.JusticeMuhammadNoorMeskanzai

Mr.JusticeDr.FidaMuhammadKhan

Mr.JusticeMehmoodMaqboolBajwa

Mr.JusticeSyedMuhammadFarooqShah

Mr.JusticeShaukatAliRakhshani

Lahore High Court

Present Composition

ChiefJusticeMr.JusticeSardarMuhammadShamimKhan

Mr.JusticeMamoonRashidSheikh

Mr.JusticeMuhammadQasimKhan

Mr.JusticeSayyedMazaharAliAkbarNaqvi

Mr.JusticeAmin-Ud-DinKhan

Mr.JusticeMuhammadAmeerBhatti

Mr.JusticeMalikShahzadAhmadKhan

Mr.JusticeShujaatAliKhan

Mrs.JusticeAyeshaA.Malik

Mr.JusticeShahidWaheed

Mr.JusticeAliBaqarNajafi

Mr.JusticeAtirMahmood

Mr.JusticeShahidBilalHassan

JusticeMissAaliaNeelum

Mr.JusticeAbidAzizSheikh

Mr.JusticeMuhammadTariqAbbasi

Mr.JusticeCh.MuhammadMasoodJahangir

Mr.JusticeSadaqatAliKhan

Mr.JusticeShamsMehmoodMirza

Mr.JusticeSyedShahbazAliRizvi

Mr.JusticeShahidJamilKhan

Mr.JusticeFaisalZamanKhan

Mr.JusticeCh.MushtaqAhmad

Mr.JusticeMasudAbidNaqvi

Mr.JusticeShahidKarim

Mr.JusticeMirzaViqasRauf

Mr.JusticeCh.MuhammadIqbal

Mr.JusticeShahidMubeen

Mr.JusticeSardarAhmadNaeem

Mr.JusticeRajaShahidMehmoodAbbasi

13.1 Present Composition of the Federal Shariat Court and High Courts


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Lahore High Court

Mr.JusticeShehramSarwarCh.

Mr.JusticeMuhammadSajidMehmoodSethi

Mr.JusticeSardarMuhammadSarfrazDogar

Mr.JusticeMujahidMustaqeemAhmed

Mr.JusticeAsjadJavaidGhural

Mr.JusticeTariqSaleemSheikh

Mr.JusticeJawadHassan

Mr.JusticeMuzamilAkhtarShabir

Mr.JusticeCh.AbdulAziz

Mr.JusticeAnwaarulHaqPannun

Mr.JusticeFarooqHaider

Mr.JusticeMuhammadWaheedKhan

Mr.JusticeRasaalHasanSyed

Mr.JusticeAsimHafeez

Mr.JusticeSadiqMahmudKhurram

Mr.JusticeShakil-ur-RehmanKhan

High Court of Sindh

Present Composition

ChiefJusticeMr.JusticeAhmedAliM.Sheikh

Mr.JusticeIrfanSaadatKhan

Mr.JusticeAqeelAhmedAbbasi

Mr.JusticeSyedHasanAzharRizvi

Mr.JusticeMuhammadAliMazhar

Mr.JusticeNadeemAkhtar

Mr.JusticeMuhammadShafiSiddiqui

Mr.JusticeNaimatullahPhulpoto

Mr.JusticeAziz-ur-Rehman

Mr.JusticeAftabAhmedGorar

Mr.JusticeSalahuddinPanhwar

Mr.JusticeAbdulMaalikGaddi

Mr.JusticeNazarAkbar

Mr.JusticeMuhammadJunaidGhaffar

Mr.JusticeZafarAhmedRajput

Mr.JusticeMuhammadIqbalKalhoro

Mr.JusticeMuhammadIqbalMaher

Mr.JusticeKhadimHussainM.Shaikh

Mr.JusticeZulfiqarAhmadKhan

Mr.JusticeMahmoodA.Khan

Mr.JusticeMuhammadKarimKhanAgha

Mr.JusticeMuhammadFaisalKamalAlam


Mr.JusticeRasheedAhmedSoomro

Mr.JusticeArshadHussainKhan

Mr.JusticeMuhammadSaleemJessar

Mr.JusticeFahimAhmedSiddiqui

Mr.JusticeKhadimHussainTunio

Mr.JusticeOmarSial

Mr.JusticeAdnan-ul-KarimMemon

Mr.JusticeYousufAliSayeed

JusticeMrs.KausarSultanaHussain

Mr.JusticeIrshadAliShah

Mr.JusticeShamsuddinAbbasi

Mr.JusticeAmjadAliSahito

Mr.JusticeAdnanIqbalChaudhry

Mr.JusticeAghaFaisal

Peshawar High Court

Present CompositionChiefJusticeMr.JusticeWaqarAhmadSeth

Mr.JusticeQaiserRashidKhan

Mr.JusticeRooh-ul-AminKhan

Mr.JusticeIkramullahKhan

Mr.JusticeLalJanKhattak

Ms.JusticeMusarratHilali

Mr.JusticeMohammadIbrahimKhan

Mr.JusticeIshtiaqIbrahim

Mr.JusticeAbdulShakoor

Mr.JusticeIjazAnwar

Mr.JusticeSyedMuhammadAttiqueShah

Mr.JusticeMuhammadNasirMehfooz

Mr.JusticeShakeelAhmad

Mr.JusticeArshadAli

High Court of Balochistan

Present CompositionChiefJustice,JusticeSyedaTahiraSafdar

Mr.JusticeJamalKhanMandokhail

Mr.JusticeNaeemAkhtarAfghan

Mr.JusticeMuhammadHashimKhanKakar

Mr. JusticeMuhammadEjazSwati

Mr. JusticeMuhammadKamranKhanMulakhail

Mr.JusticeZaheer-Ud-DinKakar

Mr.JusticeAbdullahBaloch


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Mr.JusticeNazeerAhmedLangove

Mr.JusticeRoziKhanBarrech

Mr.JusticeAbdulHameedBaloch

Islamabad High CourtPresent CompositionChiefJusticeMr.JusticeAtharMinallah

Mr.JusticeAamirFarooq

Mr.JusticeMohsinAkhtarKayani

Mr.JusticeMiangulHassanAurangzeb

13.2 Sanctioned Strength of Judges in Subordinate Judiciary

Punjab

Title WorkingDistrict&SessionsJudges 161

Addl.District&SessionsJudges 466

Senior Civil Judges 110

Civil Judges 1034

Sindh

Title Sanctioned Strength Working StrengthDistrict&SessionsJudges 27 25

Addl.District&SessionsJudges 144 124

Senior Civil Judges 137 136

CivilJudges&JudicialMagistrates/FamilyJudge 311 300

Khyber Pakhtunkhwa

Title Sanctioned Strength* Working Strength*District&SessionsJudges 35 34



Civil Judges-cum-Judicial Magistrates 339 259

AdministrativeTribunals(Federal) 13 12

AdministrativeTribunals(Provincial) 40 37

(*ason07-09-2019)


Balochistan




FamilyJudge(FamilyCourts) 15 7

CivilJudges/JudicialMagistrates 125 92

Qazi 33 31

SpecialJudge,Anti-TerrorismCourts 9 -

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Civil Judge-cum-Judicial Magistrate 50 47

Family Judges 02 0

13.3 Strength of Law Officers in the office of Attorney General for Pakistan

Designation Total Strength Working Strength

AttorneyGeneralforPakistan 1 1

AdditionalAttorneyGeneral 8 7

DeputyAttorneyGeneral 40 37

AssistantAttorneyGeneral 97 94

13.4 Strength of Law Officers in the office of Advocates General

Designation Balochistan Khyber Pakhtunkhwa Punjab Sindh Islamabad

AdvocateGeneral 1 1 1 1 1

AdditionalAdvocateGeneral 6 17 23 15 -

AssistantAdvocateGeneral 5 15 45 26 -

Advocate on Record - 1 - - -


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13.5 Strength of Law Officers in the office of Prosecutor General / Director General (Prosecution)

Punjab

Designation Sanction Strength Working StrengthProsecutorGeneral 01 01

AdditionalProsecutorGeneral 26 13

DistrictPublicProsecutor 52 45

DeputyProsecutorGeneral 88 88

DeputyDistrictPublicProsecutor 406 291

AssistantProsecutorGeneral 1 0

AssistantDistrictPublicProsecutor 829 574

Sindh

Designation Sanction StrengthProsecutorGeneral 01

AdditionalProsecutorGeneral 24

DistrictPublicProsecutor 27

DeputyProsecutorGeneral 24

DeputyDistrictPublicProsecutor 131

AssistantProsecutorGeneral 88

AssistantDistrictPublicProsecutor 362

Khyber Pakhtunkhwa

Designation Sanction Strength Working StrengthRegionalDirector 07 7


Senior Public Prosecutor 62 38

DeputyPublicProsecutor 63 52

Assistant Public Prosecutor 222 155

Balochistan

Designation Sanction Strength Working StrengthProsecutorGeneral 01 01

AdditionalProsecutorGeneral 14 10

DeputyProsecutorGeneral 05 04


DeputyDistrictPublicProsecutor 41 15

AssistantDistrictPublicProsecutor 79 44


13.6 Advocates on the rolls of the Supreme Court

Senior Advocates Advocates Advocates-on-Record Total

337 5078 258 5673

Advocates enrolled during the period from 01.06.2018 to 31-05-2019.

Senior Advocates Advocates Advocates-on-Record Total

- 179 6 185

13.7 Strength of Advocates enrolled with the Bar Councils:

Punjab Sindh Khyber Pakhtunkhwa Balochistan Islamabad

Bar council 75058 18817 7744 2555 2923

13.8 Affiliated Law Colleges with Universities

University Name Affiliated CollegesTheUniversityofBalochistan,Quetta

1. TheUniversityLawCollege,Quetta2. CitySchoolofLaw,Quetta3. ZarghoonLawCollege,Quetta4. JhalawanLawCollege,Khuzdaar

UniversityofTurbat,Turbat 1. FacultyofLaw,UniversityPublicLibrarycomplex nearCommissionerHouse, Turbat

UniversityofSindh,Jamshoro 1. GovernmentSindhLawCollege,HoshMuhammadSheediRoad,Hyderabad2. GovernmentJinnahLawCollege,DomanWahRoad,Hyderabad3. PirIllahiBuxLawCollege,Dadu4. MakhdoomMuhammadZamanTalibulMola,GovernmentLawCollegeHala5. Mirpurkhas Law College, Mir Sher Muhammad Road Chandni Chowk,

Mirpurkhas6. Quaid-e-AzamLawCollege,APWAGirlsHighSchoolBuilding,Kachahry

Road, Nawabshah7. SukkurInstituteofScience&Technology,BundarRaod/EidGahRoad,

Sukkur8. IndusCollegeofLaw,BungalowNo.142/B,NearPublicSchool(Girls

Section),LatifabadNo.3,Hyderabad


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University Name Affiliated CollegesUniversityofSwabi 1. DepartmentofPeace&ConflictResolutionandLegalStudies

UniversityofPunjab,Lahore 1. NationalInstituteofLegalStudies,CMHRoad,MarhiMore,Attock2. FaisalabadCollegeofLaw,P-358,AminTown,NearKashmirBridge,Canal

Road, Faisalabad3. MuhammadAliJinnahLawCollege,SialkotBypassRoad,nearGreenValley,

Phase#2,Gujranwala4. TheCollegeofLaw,NearRegionalTaxOffice,G.T.Road,Gujranwala.5. PremierLawCollege,NearKangniwalaBypass,AdjacentJamiaArabia,G.T

Road,Gujranwala6. GujratLawCollege,2-KM,JalalpurJattanRoad,Gujrat7. ChenabLawCollege,JalalpurJattanRoad,Gujrat8. FarabeeLawCollege,Opp.DCOColony,GujranwalaRoad,Hafizabad9. East&WestEducationSystem,DepartmentofLegalStudies,House#18,

Street#60,F-11/4,Islamabad10. Qaid-e-AzamLawCollege,10-G,Link,ModelTown,Lahore11. Himayat-e-Islam Law College, 119 Multan Road, Lahore12. PakistanCollegeofLaw,46-A,TipuBlock,NewGardentown,Lahore13. TheInstituteofLegalStudies,15-AzizAvenue,CanalBank,GulbergV,

Lahore14. NationalLawCollege,96-CMAColony,AbidMajeedRoad,Lahore.15. SuperiorCollegeofLaw,173-AbubakarBlock,NewGardentown,Lahore16. TOPPERSLawCollege,27-L,Gulberg-III,Lahore17. SchoolofLaw,74-B,Gulberg-III,Lahore18. LeadsLawCollege,5-TipuBlock,NewGardenTown,Lahore19. GlobalLawCollege,MainSheikhupuraRoad,NearAl-KhanHotelBegumKot,

Shahdara, Lahore20. InstituteofLaw,77-G,Gulberg-III,Lahore21. CIMSSchoolofLaw,74-MainFerozpurRoad,Ichhra,Lahore22. GabrielLawCollege,Opp.SevenWaysRestaurant,PhaliaRoad,Mandi

Bahauddin23. TheCollegeofLaw,1-KM,KanjrurRoad,Narowal24. Quaid-e-AzamlawCollege,KarmanwalaTown,G.T.Road,Okara.25. RawalpindiLawCollege,D-31,6th Road, Satellite Town, Rawalpindi26. Capital Law College, 313-A, Murree Road, Rawalpindi27. The Best Law College, 74-A, Satellite Town, Rawalpindi28. Muslim Law College, 89-A, Satellite Town, Rawalpindi29. Quaid-e-AzamLawCollege,5-RailwayRoad,CivilLines,Sargodha30. AllamaIqbalLawCollege,SilverStarRoad,BehindDisttJail,Sialkot31. Islam Law College, Pasrur Road, Sialkot32. Muhammadan Law College, Sharkpur Road, Link, Faisalabad Bypass

Sheikhupura33. PunjabLawCollege,3-KM,SargodhaRoad,Sheikhupura

34. LahoreLawCollege,22-CanalPark,RanaShoukatMehmoodRoad,Gulberg-II, Lahore

35. CityLawCollege,124-AllamIqbalRoad,GarhiShahu,Lahore36. JinnahLawCollege,NearKetchery,Jhelum37. Shadab Law College, Nasir Road, Sialkot


University Name Affiliated CollegesBenazirBhuttoShaheedUniversity,LyariKarachi 1. Govt.ShaheedZulfiqarAliBhuttoLawCollege,MemonGoth,MalirKarachi

TheUniversityofPeshawar,Peshawar

1. AbbottLawCollege,Mansehra2. Ayub Law College, Haripur3. FrontierLawCollege,Peshawar4. Islamia Law College, Peshawar5. Jinnah Law College, Peshawar6. JusticeLawCollege,Abbotabad7. KohatLawCollege,Kohat8. Mardan Law College, Mardan9. Muslim Law College, Swat10. Peshawar Law College, Peshawar11. Quiad-e-AzamInstituteofLegalStudies,Nowshera12. Supreme Law College, Peshawar13. Sawabi Law College, Swabi14. KarakorumLawCollege,Gilgit15. Edwardes College, Peshawar

GomalUniversity,D.I,Khan 1. FrontierLawCollege,D.I.Khan2. DanishKadaLawCollege,OutsideMiryanGate,Bannu3. LuqmanCollegeofLaw,DarabanRoad,NearZakaryaMasjid,D.I.Khan

InternationalIslamicUniversity,Islamabad

FacultyofShariah&Law,IIUI

ShahAbdulLatifUniversity,Khairpur

1. Govt.LawCollegeKhairpur,Distt.KhairpurMirpurs2. Govt.A.B.DLawCollege,Sukkur,DisttSukkar3. Govt.ShaheedBenazirBhuttoLawCollege,Larkana4. LawCollegeGhotki,Distt.Ghotki5. HajiMoulaBuxSoomroLawCollege,Shaikarpur6. SardarNoorMuhammadKhanBejarniLawCollege,Kandhkot,Distt.

Kashmore7. ShahAbdulLatifUniversity,ConstituentLawCollege,NaushehroFeroze8. SainDinoLawCollege,Jacobabad9. Al-FalahLawCollegeKashmore,TalukaKashmore10. AbdulWahidSoomroLawCollege,TalukaKashmore11. MirzaKhanLawCollege,PanoAkil,Sukkur12. QaziMianAhmedQureshiLawCollege,MoroNausheroFeroze13. BilawalBhuttoZardariLawCollege,Jocobabad14. BilawalBhuttoZardariLawCollege,Kamber,Distt.KamberShahdadkot15. FaizMuhammadSahitoLawCollegeKandiaro,TalukaKandiaro,Distt.

NausheroFeroze16. MashalLawCollege,Daharki,TalukaUbauro,Gohtki


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University Name Affiliated CollegesUniversityofKarachi,Karachi 1. Govt.S.M.LawCollege,Dr.ZiauddinRoad,Karachi

2. Govt.IslamiaLawCollege,AllamaShabbirAhmedRoad,Karachi

IslamiaUniversityofBahawalpur, Bahawalpur

1. JinnahLawCollege,YazmanRoad,10KM,Bahawalpur2. AllamIqbalLawCollege,GoheerEstate,Bahawalpur3. TheBestCollegeofLaw12/A,YounisShahedRoad,ModelTown“A”,

Bahawalpur4. ChishtianLawCollege,JoharTown,Chistian5. Al-UmarLawCollege,CircularRoad,Mubarakgate,Bahawalnagar6. AliLawCollege,TahlliMahatma,RajGarhRoad,RahimYarKhan7. Jinnah Muslim Law College,93-95, Aabpara Market, Islamabad8. Narowal Law College, Zafawal Road, Narowal9. ZainLawCollegeBhakkar,DryaKhanRoad,Bhakkar10. Millat Law College, By Pass Road, Near Abbasia Chowk, Ahmad Pur East11. TheBrooksLawCollege,Faisal/SajidAwanTown,NearMasjidSadiq-e-

Akbar, Bahawalpur12. Bahawalpur Law College, 3-A, Tufail Shaheed Road, Model Town-A,

Bahawalpure13. Al-MizanInstituteofLegalStudies,Al-MizanComplex,GillaniAvenue,

Motorway Chowk, Islamabad14. Pakistan Muhammad Ali Law College, Lawyers Club Building, Bhimber Road,

Gujrat15. PremierLawCollege,NearKangniwalaBypass,AdjacentJamiaArabia,G.T

Road,Gujranwala16. HeritageInternationalCollege,GujranwalaRoad,Hafizabad17. CorneliusLawCollege,OppositePunjabCollegeforGirls,Lahoreroad

Sargodah18. CambridgeLawCollege,SpalColony,G.TRoad,Wazirabad

UniversityofAzadJammu&Kashmir,Muzaffarabad

1. CitiLawCollege,RawalakotDistrict,PoonchAJ&K2. KashmirLawandEducationCollege,Distt.Mirpur,AJ&K3. KashmirLawCollege,Muzaffarabad4. AsianStarLawCollege,Muzaffarabad5. KhanMuhammadCollegeofEducation,BhimberAJ&K


University Name Affiliated CollegesBahauddinZakariaUniversity,Multan

1. SupremeLawCollege,GulgashtColony,Multan2. CentralLawCollege,1-A,BosanRoad,Gulgasht,Multan3. Multan Law College, Boasan Road, Multan4. AllamaIqbalLawCollege,131-DShamsabadColony,Multan5. MuhammadanLawCollege,nearDistrictCourts,Multan6. NoorLawCollege,KatcheryRoad,Multan7. LeadsUniversalLawCollege,CivilLines,Khanewal8. Quaid-e-AzamLawCollege,34-WalaMoar,MultanRoad,Sahiwal9. Muhammadan Law College, Stadium Road, Sahiwal10. TheLimitLawCollege,06-KmPakpattanRoad,Sahiwal11. Multan Law College, Fateh Sher Road, Sahiwal12. Askari Law College, Burewala13. LICCS Law College, College Road, Layyah14. IndusLawCollege,TaunsaRoad,NearP/SSadar,DeraGhaziKhan15. MultanLawCollege,DeraGhaziKhan16. GhaziKhanLawCollege,421-LeghariColony,StreetAlflahBank,Jampur

Raod,DeraGhaziKhan17. Johar Law College, 71-C Farid Town, Sahiwal18. Progressive Law College, Vehari19. TheToppersLawCollege,BehindOsmanCNGStation,NearChungiNo.6,

Bosan Road, Multan20. SirSyedLawCollege,GardenTown,SherShahRoad,Multan21. JusticeLawCollege,Opp:DHQHospital,Pakpattan22. Command Law College, 89-Liaquat Shaheed Road, Sahiwal23. PakistanLawCollege,St.No.3,IncomeTaxOfficersColony,BosanRoad,

Multan24. Shujabad Law College, 23-Meccca Town, Lodhran Road, Shujabad 25. JusticeLaw&educationCollege,SadatColony,NearZilaCouncil,

Muzaffargarh26. JinnahLawCollege,NearPullDat,JampurRoad,DeraGhaziKhan27. PakistanLawCollege,Khayaban-e-Fareed,Pakpattan28. Future Law College, Chowk Bypass, Bosan Road, Multan29. MontgomeryLawCollege,GulshanNoorColony,Opp.WAPDAGridStation,

G.T.Road,Sahiwal30. TimesInstitute,275-ShamasabadColony,Multan31. KAIMSInternationalLawCollege,NorthernBypass,ModelTown,Near

Bosan Road, Multan32. JusticeLaw&EducationCollege,NearAliWalaChowk,MuzaffargarhRoad,

Multan.33. ProfessionalLawCollege,B-Block,Opp.TelephoneExchange,Gulgasht,

Bosan Road, Multan

34. MeritLawCollege,StreetNo.1,GalaxyTown,NeelKot,BosanRoad,Multan35. AyanLawCollege,StreetNo.4,Gulshan-e-MaherColony,Multan36. InternationalLawCollege,NearMultanCricketStadium,VehariRoad,Multan37. The Best Law College, Arifwala38. SouthPunjabLawCollege,1-A,GulgashtEastColony,Multan.


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FORMER CHIEF JUSTICES, JUDGES AND REGISTRARS14

FoRMeR ChieF JuStiCeS,

JudgeS and RegiStRaRS

CHAPTER 14

Name of Chief Justice Tenure

01 Mr.JusticeSirAbdulRashid (ChiefJustice,FederalCourt) 27.06.1949 – 29.06.1954

02 Mr.JusticeMuhammadMunir(ChiefJustice,FederalCourt) 30.06.1954 - 02.05.1960

03 Mr.JusticeMuhammadShahabuddin 03.05.1960 - 12.05.1960

04 Mr.JusticeA.R.Cornelius 13.05.1960 – 29.02.1968

05 Mr.JusticeS.A.Rahman 01.03.1968 – 03.06.1968

06 Mr.JusticeFazleAkbar 04.06.1968 – 17.11.1968

07 Mr.JusticeHamoodurRahman 18.11.1968 – 31.10.1975

08 Mr.JusticeMuhammadYaqubAli 01.11.1975 – 22.09.1977

09 Mr.JusticeS.AnwarulHaq 26.09.1977 – 25.03.1981

10 Mr.JusticeMuhammadHaleem 25.03.1981 – 31.12.1989

11 Mr.JusticeMuhammadAfzalZullah 01.01.1990 – 18.04.1993

12 Mr.JusticeDr.NasimHasanShah 17.04.1993 – 14.04.1994

13 Mr.JusticeSajjadAliShah 05.06.1994 – 02.12.1997

14 Mr.JusticeAjmalMian 03.12.1997 – 30.06.1999

15 Mr.JusticeSaiduzzamanSiddiqui 01.07.1999 – 26.01.2000

16 Mr.JusticeIrshadHasanKhan 26.01.2000 – 06.01.2002

17 Mr.JusticeMuhammadBashirJehangiri 07.01.2002 – 31.01.2002

18 Mr.JusticeSh.RiazAhmad 01.02.2002 – 31.12.2003

19 Mr.JusticeNazimHussainSiddiqui 31.12.2003 – 29.06.2005

20 Mr.JusticeIftikharMuhammadChaudhry 30.06.2005 – 11.12.2013

21 Mr.JusticeTassaduqHussainJillani 12.12.2013 – 05.07.2014

22 Mr.JusticeNasir-ul-Mulk 06.07.2014 – 16.08.2015

23 Mr.JusticeJawwadS.Khawaja 17.08.2015 – 09.09.2015

24 Mr.JusticeAnwarZaheerJamali 10.09.2015 – 30.12.2016

25 Mr.JusticeMianSaqibNisar 31.12.2016 – 17.01.2019

FORMER CHIEF JUSTICES, JUDGES AND REGISTRARS

14.1 Former Chief Justices of Pakistan


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14.2 Former Judges of the Supreme CourtName of Judge Title Tenure

01 Mr.JusticeAbdulRehman Judge 07.02.1950 – 04.10.1953

02 Mr.JusticeA.S.M.Akram Judge 15.02.1950 – 27.02.1956

03 Mr.JusticeMuhammadSharifActingJudge 17.05.1950 – 23.05.1950

Judge 13.04.1954 – 01.04.1958

04 Mr.JusticeMuhammadMunir Judge 01.10.1951 – 22.11.1951

05 Mr.JusticeA.R.Cornelius

Judge 22.11.1951 – 09.06.1952

Judge 17.10.1952 – 31.05.1953

Judge 10.10.1953 – 12.05.1960

06 Mr.JusticeM.Shahabuddin

ActingJudge 06.10.1952 – 23.12.1952

ActingJudge 06.02.1953 – 07.06.1953

Judge 04.10.1953 – 12.05.1960

07 Mr.JusticeS.A.RehmanAd hoc Judge 02.03.1955 – 23.05.1955

Judge 02.04.1958 – 01.03.1968

08 Mr.JusticeAmiruddinAhmad Judge 12.03.1956 – 21.12.1960

09 Mr.JusticeFazleAkbar Judge 18.05.1960 – 04.06.1968

10 Mr.JusticeBadi-uz-ZamanKaikaus Judge 25.07.1960 – 03.01.1966

11 Mr.JusticeHamoodurRahman Judge 22.12.1960 – 18.11.1968

12 Mr.JusticeMuhammadYaqubAli Judge 04.01.1966 – 31.10.1975

13 Mr.JusticeSajjadAhmadJan Judge 18.03.1968 – 31.03.1973

14 Mr.JusticeAbdusSattar Judge 04.06.1968 – 28.02.1971

15 Mr.JusticeMujiburRahmanKhan Judge 18.11.1968 – 23.11.1971

16 Mr.JusticeWaheeduddinAhmadJudge 22.09.1969 – 20.09.1974

Ad hoc Judge 23.05.1977 – 06.02.1979

17 Mr.JusticeSalahuddinAhmadActingJudge 04.12.1970 – 28.02.1971

Judge 01.03.1971 – 31.12.1976

18 Mr.JusticeS.AnwarulHaq Judge 16.10.1972 – 22.09.1977

19 Mr.JusticeMuhammadGul Judge 14.04.1973 – 31.12.1976

20 Mr.JusticeMuhammadAfzalCheema Judge 08.10.1974 – 31.12.1977

21 Mr.JusticeAbdulKadirShaikhJudge 08.10.1974 – 23.01.1975

Judge 01.07.1979 – 24.03.1991

22 Mr.JusticeMalikMuhammadAkram Judge 26.12.1975 – 13.09.1979

23 Mr.JusticeDorabPatel Judge 07.01.1976 – 25.03.1981

24 Mr.JusticeMuhammadHaleemJudge 07.01.1977 – 25.03.1981

ActingChiefJustice 26.03.1981 – 22.03.1984

25 Mr.JusticeQaisarKhan Judge 07.01.1977 – 30.07.1978

26 Mr.JusticeDr.NasimHassanShahAd hoc Judge 18.05.1977 – 14.06.1979

Judge 14.06.1979 – 16.04.1993

27 Mr.JusticeG.SafdarShah Judge 10.10.1977 – 16.10.1980

28 Mr.JusticeAslamRiazHussain Judge 19.09.1978 – 23.08.1988


Name of Judge Title Tenure

29 Mr.JusticeKaramElahiChauhanActingJudge 27.04.1978 – 13.06.1979

Judge 14.06.1979 – 04.02.1982

30 Mr.JusticeShafi-ur-RahmanAd hoc Judge 14.06.1979 – 29.07.1981

Judge 31.07.1981 – 15.02.1994

31 Mr.JusticeMaulviMustaqHussain ActingJudge 02.06.1980 – 25.03.1981

32 Mr.JusticeFakhruddinG.Ebrahim Ad hoc Judge 17.06.1980 – 25.03.1981

33 Mr.JusticeShahNawazKhan Judge 05.04.1981 – 01.07.1982

34 Mr.JusticeS.A.Nusrat Judge 04.08.1981 – 30.04.1989

35 Mr.JusticeZaffarHussainMirza Judge 04.08.1981 – 09.10.1991

36 Mr.JusticeM.S.HQuraishiAd hoc Judge 30.07.1981 – 28.02.1982

ActingJudge 01.03.1982 – 30.09.1985

37 Mr.JusticeMianBurhanuddinKhanActingJudge 02.03.1982 – 17.12.1984

Ad hoc Judge 18.12.1984 – 17.12.1987

38 Mr.JusticeAliHussainQazilbashActingJudge 17.04.1986 – 31.08.1988

Judge 01.09.1988 – 14.09.1991

39 Mr.JusticeDr.JavedIqbal Judge 05.10.1986 – 04.10.1989

40 Mr.JusticeSaadSaoodJanAd hoc Judge 05.10.1986 – 24.03.1987

Judge 25.03.1987 – 30.06.1996

41 Mr.JusticeGhulamMujaddidMirza

Judge 25.03.1987 – 27.03.1987

ActingCJ,LHC 28.03.1987 – 21.04.1988

Judge 27.04.1988 – 31.03.1990

42 Mr.JusticeSyedUsmanAliShahActingJudge 08.12.1987 – 31.08.1988

Judge 01.09.1988 – 12.01.1991

43 Mr.JusticeNaimuddin Judge 04.09.1988 – 09.11.1991

44 Mr.JusticeAbdulShakurulSalam Judge 13.12.1989 – 31.03.1993

45 Mr.JusticeMuhammadAfzalZullah Judge 16.06.1979 – 31.12.1989

46 Mr.JusticeAbdulHafeezMemonActing Judge 12.12.1989 – 08.10.1990

Judge 15.04.1996 – 22.07.1997

47 Mr.JusticeAbdulQadeerChaudhry Judge 13.12.1989 – 12.07.1994

48 Mr. Justice Ajmal Mian Judge 13.12.1989 – 02.12.1997

49 Mr. Justice Rustam S. Sidwa Judge 14.12.1989 – 31.08.1992

50 Mr.JusticeMuhammadAfzalLone Judge 13.08.1990 – 03.07.1993

51 Mr. Justice Sajjad Ali Shah Judge 05.11.1990 – 16.02.1998

52 Mr. Justice Muhammad Rafiq Tarar Judge 17.01.1991 – 01.11.1994

53 Mr. Justice Nasir Aslam ZahidAd hoc Judge 28.01.1991 – 28.04.1991

Judge 18.04.1996 – 26.01.2000

54 Mr. Justice Saleem Akhter Judge 25.03.1991 – 22.03.1997

55 Mr.JusticeWaliMuhammadKhanActing Judge 28.10.1991 – 26.07.1993

Judge 27.07.1993 – 31.10.1994

56 Mr.JusticeSaiduzzamanSiddiqui Judge 23.05.1992 – 30.06.1999

57 Mr.JusticeFazalIlahiKhan Judge 03.04.1993 – 31.12.1997


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58 Mr.JusticeManzoorHussainSialActing Judge 26.05.1993 – 04.09.1993

Judge 05.09.1993 – 24.03.1996

59 Mr.JusticeZiaMehmoodMirzaActingJudge 07.06.1994 – 18.10.1994

Judge 19.10.1994 – 20.04.1997

60 Mr.JusticeFazalKarimActingJudge 07.06.1994 – 18.10.1994

Judge 19.10.1994 – 31.07.1996

61 Mr.JusticeMuhammadMunirKhanActingJudge 15.06.1994 – 06.08.1994

Ad hoc Judge 07.08.1994 – 06.08.1996

62 Mr.JusticeMuhammadIlyasActingJudge 15.06.1994 – 26.06.1994

Judge 19.06.1995 – 30.09.1996

63 Mr.JusticeMirHazarKhanKhosoActingJudge 19.07.1994 – 29.09.1994

Ad hoc Judge 30.09.1994 – 29.09.1996

64 Mr.JusticeIrshadHasanKhan

Ad hoc Judge 19.10.1994 – 29.05.1995

Judge30.05.1995 – 19.06-1995

15.04.1996 – 25.01.2000

65 Mr.JusticeMukhtarAhmedJunejo

Ad hoc Judge 19.10.1994 - 21.02.1995

ActingJudge 22.02.1995 – 30.03.1996

Judge 31.03.1996 – 19.02.1998

66 Mr.JusticeMuhammadBashirJehangiriAd hoc Judge 22.02.1995 – 29.03.1996

Judge 30.03.1996 – 06.01.2002

67 Mr.JusticeRajaAfrasiabKhanAd hoc Judge 22.02.1995 – 30.03.1996

Judge 31.03.1996 – 14.01.2000

68 Mr.JusticeMamoonKaziAd hoc Judge 22.02.1995 – 14.04.1996

Judge 04.11.1997 – 26.01.2000

69 Mr.JusticeMunawarAhmedMirza Judge 17.11.1996 – 24.11.1999

70 Mr.JusticeKhalil-ur-RehmanKhan Judge 17.12.1996 – 26.01.2000

71 Mr.JusticeSh.IjazNisar Judge 29.05.1997 – 14.06.2000

72 Mr.JusticeAbdulRehmanKhan Judge 04.11.1997 – 05.09.2001

73 Mr.JusticeCh.MuhammadArif Judge 04.11.1997 – 09.01.2002

74 Mr.JusticeSh.RiazAhmad Judge 04.11.1997 – 31.01.2002

75 Mr.JusticeMunirA.Sheikh Judge 04.11.1997 – 31.12.2003

76 Mr.JusticeWajihuddinAhmed Judge 05.05.1998 – 26.01.2000

77 Mr.JusticeKamalMansurAlam Judge 22.04.1999 – 26.01.2000

78 Mr.JusticeQaziMuhammadFarooq Judge 04.02.2000 – 31.12.2003

79 Mr.JusticeNazimHussainSiddiqui Judge 04.02.2000 – 31.12.2003

80 Mr.JusticeIftikharMuhammadChaudhry Judge 04.02.2000 – 29.06.2005

81 Mr.JusticeRanaBhagwandas Judge 04.02.2000 – 14.12.2007

82 Mr.JusticeRashidAzizKhan Judge 04.02.2000 – 06.07.2001

83 Mr.JusticeMianMuhammadAjmal Judge 28.04.2000 – 14.08.2004

84 Mr.JusticeSyedDeedarHussianShah Judge 28.04.2000 – 10.12.2004



85 Mr.JusticeHamidAliMirzaJudge 28.04.2000 – 13.09.2005

Ad hoc Judge 14.09.2005 – 13.09.2007

86 Mr.JusticeAbdulHameedDogar Judge 28.04.2000 – 21.03.2009

87 Mr.JusticeJavedIqbal Judge 28.04.2000 – 31.07.2011

88 Mr.JusticeTanvirAhmedKhan Judge 27.09.2000 – 16.01.2004

89 Mr.JusticeMuhammadNawazAbbasi Judge 10.01.2002 – 06.06.2008

90 Mr.JusticeFaqirMuhammadKhokhar Judge 10.01.2002 – 08.08.2009

91 Mr.JusticeKhalil-ur-RehmanRamdayJudge 10.01.2002 – 12.01.2010

Ad hoc Judge 18.02.2010 – 17.02.2011

92 Mr.JusticeSardarMuhammadRaza Judge 10.01.2002 – 09.02.2010

93 Mr.JusticeKaramatNazirBhandariAd hoc Judge 07.09.2002 – 31.12.2003

Ad hoc Judge 14.09.2005 – 13.09.2006

94 Mr.JusticeFalakSher Judge 07.09.2002 – 21.09.2008

95 Mr.JusticeMoin-ud-DinJavedButtar Judge 31.07.2004 – 08.08.2009

96 Mr.JusticeMianShakirullahJan Judge 31.07.2004 – 17.08.2012

97 Mr.JusticeTassaduqHussainJillani,. Judge 31.07.2004 – 11.12.2013

98 Mr.JusticeSaiyedSaeedAshhad Judge 05.04.2005 – 07.10.2008

99 Mr.JusticeNasir-ul-Mulk Judge 05.04.2005 – 05.07.2014

100 Mr.JusticeSyedJamshedAli Judge 14.09.2005 – 30.09.2008

101 Mr.JusticeCh.IjazAhmed Judge 14.09.2005 – 04.05.2010

102 Mr.JusticeRajaFayyazAhmed Judge 14.09.2005 – 31.05.2011

103 Mr.JusticeGhulamRabbaniJudge 14.09.2006 – 19.10.2009

Ad hoc Judge 20.10.2009 – 19.10.2011

104 Mr.JusticeSayedZahidHussain Judge 14.04.2009 – 28.02.2011

105 Mr.JusticeMahmoodAkhtarShahidSiddiqui Judge 14.04.2009 – 13.10.2011

106 Mr.JusticeMuhammadSairAli Judge 14.04.2009 – 11.12.2011

107 Mr.JusticeJawwadS.Khawaja Judge 05.06.2009 – 16.08.2015

108 Mr.JusticeAnwarZaheerJamali Judge 03.08.2009 – 09.09.2015

109 Mr.JusticeKhiljiArifHussainJudge 05.09.2009 – 12.04.2014

Ad hoc Judge 14.12.2015 – 13.12.2016

110 Mr.JusticeRahmatHussainJafferi Judge 07.09.2009 – 21.11.2010

111 Mr.JusticeTariqParvezJudge 20.10.2009 – 14.02.2013

Ad hoc Judge 13.12.2015 – 13.12.2016

112 Mr.JusticeMianSaqibNisar Judge 18.02.2010 – 30.12.2016

113 Mr.JusticeSarmadJalalOsmany Judge 14.02.2011 – 12.10.2015

114 Mr.JusticeAmirHaniMuslim Judge 14.02.2011 – 31.03.2017

115 Mr.JusticeMuhammadAtherSaeed Judge 17.11.2011 - 28.09.2014

116 Mr.JusticeIjazAhmedChaudhry Judge 17.11.2011 – 14.12.2015

117 Mr.JusticeEjazAfzalKhan Judge 17.11.2011 – 07.05.2018

118 Mr.JusticeIqbalHameedurRahman Judge 25.02.2013 – 23.10.2016

119 Mr.JusticeDostMuhammadKhan Judge 31.01.2014 – 19.03.2018


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14.3 Former Registrars of the Supreme Court

Name of Registrar Tenure

01 Mr.A.A.Mirza 16.05.1951 – 10.07.1970

02 Mr.A.SFaizulIslamChaudhry 11.01.1971 – 17.07.1972

03 Mr. Hidayat Hussain 31.03.1973 – 09.06.1977

04 Mr. Sajjad Ali Shah 10.06.1977 – 09.08.1978

05 Mr.S.ANizami 10.08.1978 – 31.10.1980

06 Mr.M.ALatif 01.11.1980 – 09.01.1995

07 Mr.AshiqHussain(CurrentCharge) 10.01.1995 – 05.10.1996

08 Mr.MohammadZakaullah(AdditionalCharge) 06.10.1996 – 07.01.1998

09 Mr.M.ALatif 08.01.1998 – 07.07.1999

10 Mr. M. A Farooqi 08.07.1999 – 21.02.2005

11 Mr.BudhaKhan 22.02.2005 – 01.07.2005

12 Dr.FaqirHussain 01.07.2005 – 09.03.2007

13 MuhammadAli(ActingCharge) 09.03.2007 – 20.07.2007

14 Dr.FaqirHussain 20.07.2007 – 03.11.2007

15 Ms.SaraSaeed(ActingCharge) 03.11.2007 – 21.11.2007

16 RajaLehrasabKhan 22.11.2007 – 21.03.2009

17 Dr.FaqirHussain 22.03.2009 – 24.03.2014

18 SyedTahirShahbaz 25.03.2014 – 26.01.2016

19 Mr. Arbab Muhammad Arif 26.01.2016 – To date


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