Supreme Court of Pakistan Annual Report 2002

Transcription

1 Supreme Court of Pakistan Annual Report 2002

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4 THIS PAGE BLANK Supreme Court Annual Report 2002: 4

5 Supreme Court of Pakistan Annual Report 2002

6 c 2003 National Judicial (Policy Making) Committee This Annual Report is published by the Secretariat of the Law and Justice Commission of Pakistan. This report can be viewed at the Supreme Court website as well as at the Law and Justice Commission of Pakistan webste Comments and suggestions may be sent to the Secretariat of the Law and Justice Commission of Pakistan, Supreme Court Building, Islamabad. Supreme Court Annual Report 2002: 6

7 Contents 1 FOREWORD BY THE CHIEF JUSTICE OF PAKISTAN 1 2 THE SUPREME COURT OF PAKISTAN AND ITS ORGANISATION The Supreme Court as the Court of the Last Resort The Apex Court The Guardian Court Final Arbiter of the Law and the Constitution Action in Aid of the Supreme Court Financial Autonomy Jurisdiction of the Court Original Jurisdiction Appellate Jurisdiction Advisory Jurisdiction Review Jurisdiction Appellate Jurisdiction against Judgements of Federal Shariat Court Power to Transfer Cases Decision of the Supreme Court binding on other Courts Issue and Execution of Process of the Supreme Court Rule Making Powers Role and Functions of the Chief Justice Seat of the Court and Branch Registries The Principal Seat The Branch Registry at Lahore The Branch Registry at Karachi The Branch Registry at Peshawar The Branch Registry at Quetta Supreme Court Composition The Chief Justices The Judges of the Court Ad-Hoc Members, Shariat Appellate Bench Attorney General for Pakistan Registrar Organisation Chart of the Supreme Court Bio Data of Mr. Justice Sh. Riaz Ahmad, Chief Justice of Pakistan Judges of the Supreme Court SIGNIFICANT JUDGEMENTS OF THE COURT DURING THE YEAR Sheikh Rashid Ahmad v. Majid Nizami, Editor-in-Chief, The Nation and Nawa-e- Waqt and Another (PLD 2002 SC 514) United Bank Limited v. Farooq Brothers and Others (PLD 2002 SC 800) Qazi Hussain Ahmad, Ameer Jamaat-e-Islami Pakistan and others v. General Pervez Musharraf, Chief Executive and others (PLD 2002 Supreme Court 853) Supreme Court Annual Report 2002: i

8 3.4 Supreme Court Bar Association of Pakistan v. Federation of Pakistan and others (PLD 2002 SC 939) Pakistan Muslim League (Q) and others v. Chief Executive of the Islamic Republic of Pakistan and others (PLD 2002 SC 994) Watan Party through Punjab President Ladies Wing Tasneem Shaukat Khan v. Chief Executive/President of Pakistan, and Another (PLD 2003 SC 74) Supreme Court Bar Association of Pakistan v. Federation of Pakistan and Others (PLD 2003 SC 82) JUDICIAL ACTIVITY AND STATISTICS Court Performance During the Year Distribution of Work: The Principal Seat of the Court and Branch Registries Statement of Court Sessions, 2002 at Principal Seat, Islamabad Branch Registry, Lahore Branch Registry, Karachi Branch Registry, Peshawar Branch Registry, Quetta Statistics on the Institution and Disposition of Cases During the Year Statement Showing Institution, Pendency and Disposal of cases at Islamabad ( to ) Statement Showing Institution, Pendency and Disposal of Cases at Lahore ( to ) Statement Showing Institution, Pendency and Disposal of Cases at Karachi ( to ) Statement Showing Institution, Pendency and Disposal of Cases at Peshawar ( to ) Statement regarding Institution, Pendency and Disposal of Cases at Quetta ( to ) Consolidated Statements for the Principal Seat and Branch Registries Average Monthly Institution and Disposal During the Year Some Visible Trends Trend of Pending Cases Over the Last Ten Years Trend of Institution of Cases Over the Last Ten Years Trend of Disposal of Cases Over the Last Ten Years Comparative Graph of Cases Filed, Decided and Pending Analysis of the Pending Balance Pending Balance According to Age of Cases as on Data for the Last Five Decades: Increase in Institution of Cases as Compared to Increase in the Number of Judges SOCIAL OBJECTIVES AND THE CONTRIBUTION OF JUDGES Judges of Supreme Court Nominated to Various Committees, Tribunals, University Syndicates and other Bodies International Interaction Visits Abroad by Chief Justice of Pakistan Supreme Court Annual Report 2002: ii

9 5.2.2 Legal and Institutional Framework for the Protection of Environment in Pakistan By Justice Sh. Riaz Ahmad, Chief Justice of Pakistan Concluding Remarks of Justice Sheikh Riaz Ahmad, Chief Justice of Pakistan at the Inaugural Session of South Asian Judicial Colloquium on Access to Justice at New Delhi on 1-3 November SAARC Chief Justices Conference at Jaipur, India from September 2002 (Judicial Review and Environment Talk Points) Remarks by the Chief Justice of Pakistan Speeches of Mr. Justice Sh. Riaz Ahmad, Chief Justice of Pakistan During the Year Visits Abroad by Judges of the Supreme Court of Pakistan The Supreme Court and the Media CODE OF CONDUCT FOR JUDGES OF THE SUPREME COURT AND THE HIGH COURTS THE SUPREME JUDICIAL COUNCIL THE COURT REGISTRY Functions Goals Services Staff Welfare Fund FINANCING FOR THE SUPREME COURT Expenditure During the Last Financial Year Budgetary Allocation for the Year The Share of the Supreme Court of Pakistan in the Federal Budget LEGAL RESEARCH AT THE SUPREME COURT The Supreme Court of Pakistan Library Information Technology at the Supreme Court and Web Presence Court Automation Plan The Growing Website of the Court THE COURT BUILDING Building Architecture Main Central Block Judges Chambers Block Administration Blocks JUDICIAL HIERARCHY OF PAKISTAN Strength of Judges and Administrative Staff Within the Hierarchy Supreme Court Annual Report 2002: iii

10 13 INFORMATION ON THE ADMINISTRATION OF JUSTICE Advocates on the Rolls of the Supreme Court Current Strength of Attorney General s Office and Offices of the Advocates General in the Provinces FORMER CHIEF JUSTICES, JUDGES AND REGISTRARS Former Chief Justices of the Supreme Court of Pakistan Former Judges of the Supreme Court Former Registrars of Federal Court and Supreme Court of Pakistan Supreme Court Annual Report 2002: iv

11 1 FOREWORD (In the name of Allah, Most Beneficent, Most Merciful) It is my proud privilege to present to the people of Pakistan the Annual Report of the Supreme Court for the year A strong feature of this year s report is the detail that has been provided along with the enhanced analysis through which the data has been scrutinized. The purpose is to present to the reader not only the achievements of the Court during the year 2002, but also to highlight some of the core problems that continue to beset, and even haunt, the legal system of Pakistan. As the Court grapples with these problems, by stretching to the limit the resources provided, the reader of this report whether legal expert, researcher or interested citizen is invited to share his or her ideas with the Court for the solution of the problems facing the legal system of Pakistan. The reader will find that the Court is always ready to listen to such ideas and to implement them if found suitable. As I contemplate my term as Chief Justice, I am amazed at the variety of measures that are underway for strengthening the legal system of Pakistan. The processes for strengthening the system have now been institutionalised in the shape of the National Judicial (Policy Making) Committee (NJPMC) in which all the Chief Justices of the Superior Courts are participating to harmonise and formulate judicial policy. The tasks facing the NJPMC are the setting of performance standards for the entire legal system as well as for each category of Court, the building and strengthening of institutional capacity through training programmes and by improving the service conditions of, and facilities for, the judiciary and finally by erecting a vast system of automated judicial statistics that will provide accurate and meaningful data for adopting corrective measures and formulating sound judicial policy. Concrete first steps in all these areas have already been taken and they are expected to bear fruit in the near future. This Annual Report that I present to you today is also part of this comprehensive strategy. I am convinced that the measures we have initiated will soon bring inexpensive, swift and timely access to justice for the people of Pakistan. In working towards this goal the Supreme Court will continue to strengthen the tried and time-tested methods of delivering justice. The central pillar of all systems of justice is the qualified and competent judge. Pakistan has been fortunate in this respect, and today it gives me enormous pleasure to say that I am in the midst of competent colleagues who are second to none. It is with their dedication and hard work that the lofty goals we have chosen for ourselves will be achieved. The problems that the legal system of the country faces today provide a tremendous challenge and are by no means simple or transient. One of the most prominent problems is the rising crest of litigation riding the bulging waves of population and enhanced commercial activity. As compared to this dynamic growth, the number of Judges of this Court is static, and despite their unending efforts there is a natural physical limit to what can be achieved. Nevertheless, the Supreme Court is Supreme Court Annual Report 2002: 1

12 well aware of all such problems and continually searches for timely solutions to them, for solutions must be found. As we look back at the year 2002, once again a record number of cases were filed. To this figure, if the previous balance of pending cases is added, it yields a figure that the Court faced during the year This figure alone speaks volumes about the enormity of the problem. In order to understand the situation better we have to look, even though momentarily, at some of the figures from the past. In the years 1950, 1960, 1970, 1980, 1990 and 2000 respectively, the following cases were instituted: 34, 487, 2019, 3853, 5300, 11,702. Perhaps, this conforms to the rate of increase in population. A graphical representation within the report narrates a more detailed story. Whatever the message within these figures, the Court is occupied with the adoption of strategies to overcome the problem and the problem will be resolved not only for the Supreme Court, but for the rest of the country as well where the picture is more or less similar. Despite this pressure of rising litigation, the Supreme Court continued to accord importance, during the year 2002, to cases of national importance. The time devoted to these cases naturally affected the time allocated to other cases. Summarised versions of a few such significant judgements have been included in this Report. To deal with these important cases as well as all the other cases a Full Court meeting was held to carve out strategies from among a number of options available to the Court. It has been my endeavour to implement these plans and strategies well in time so that swift, inexpensive and effective justice is provided to the people of Pakistan at their doorstep. Accordingly, larger benches of 11 Judges, 7 Judges, 5 Judges and 4 Judges had to be constituted. At the Principal Seat, the sittings of the Court lasted for 44 weeks. At Lahore, it was 24 weeks, at Karachi 14 weeks, at Peshawar 10 weeks and at Quetta the sittings were for 12 weeks. Collectively, the Court disposed of 9547 cases during the year On the whole, the rotation of Judges and sound management, the performance of the Court has been excellent. In conclusion, I would like to congratulate everyone who participates in the activity of the Court, in particular my brother Judges. I also acknowledge the very efficient services rendered by the Registrar and the Court staff in processing the cases before the Court. I wish to thank the Secretariat of the Law and Justice Commission for providing the necessary support to the National Judicial (Policy Making) Committee for bringing out this report. (Sh. Riaz Ahmad) Chief Justice of Pakistan Supreme Court Annual Report 2002: 2

13 THE SUPREME COURT OF PAKISTAN AND ITS ORGANISATION Supreme Court Annual Report 2002: 3

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15 2 THE SUPREME COURT OF PAKISTAN AND ITS ORGANISATION 2.1 The Supreme Court as the Court of the Last Resort The Apex Court The Supreme Court of Pakistan is the apex Court in the judicial hierarchy of the country. The Court comprises the Chief Justice and 16 Judges. The Constitution contains elaborate provisions on the composition, jurisdiction, powers and functions of the Court. The qualifications for and mode of appointment of Judges, the age of their retirement, the grounds and procedure for their removal from office and the terms and conditions of service of Judges are also dealt with. The Constitution further provides for the independence of the Judiciary and its separation from the Executive. Consequently, institutional and judicial independence prevails in the country The Guardian Court Establishing a system of trichotomy of power, the Constitution assigns the Supreme Court a unique responsibility of maintaining harmony and balance between the three pillars of the State; namely, the Legislature, the Executive and the Judiciary. The purpose is to ensure that the state organs perform their respective functions under the stipulated limits and constraints. As guardian of the Constitution, the Court is required to preserve, protect and defend this basic document. The multiple roles of the Court include the resolution of conflicts and disputes, be they among governments (Federal/Provincial) or between governments and individuals or individuals inter se. The Court is also a custodian and upholder of citizens rights, liberties and freedoms. Seen in this context, the Court occupies a pivotal position in constitutional dispensation, by playing the role of unifying and integrating the nation, its regions, institutions, communities and citizens Final Arbiter of the Law and the Constitution The Supreme Court is the court of ultimate jurisdiction in the land. It is the final arbiter of the law and the Constitution. Its orders/decisions are binding on all other courts in the country Action in Aid of the Supreme Court Under the Constitution, all executive and judicial authorities throughout the country are bound to act in aid of the Supreme Court (Art. 190) Financial Autonomy The Supreme Court enjoys financial autonomy in as much as the Chief Justice of Pakistan is authorised to reappropriate funds within its budgetary allocation. He can create and upgrade/downgrade posts in the Court establishment. The Supreme Court is also empowered to make its own rules of practice/procedure as also for recruitment of its administrative staff and their terms and conditions of service. Supreme Court Annual Report 2002: 5

16 2.2 Jurisdiction of the Court The Supreme Court has jurisdiction to decide matters in its original, appellate, review and advisory jurisdictions Original Jurisdiction 1. The Supreme Court has exclusive original jurisdiction in any dispute between any two or more Governments, where Governments means the Federal Government and the Provincial Governments. 2. In the exercise of this jurisdiction, the Supreme Court pronounces declaratory judgements. 3. Where the Supreme Court considers that a question of public importance, with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II of the Constitution, is involved, it has the power to make an order of the nature mentioned in Article Appellate Jurisdiction 1. Subject to Article 185, the Supreme Court shall have jurisdiction to hear and determine appeals from judgements, decrees, final orders or sentences of a High Court. 2. An appeal shall lie to the Supreme Court from any judgement, decree, final order or sentence of a High Court (a) if the High Court has on appeal reversed an order of acquittal of an accused person and 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) if the High Court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or (c) if the High Court has imposed any punishment on any person for contempt of the High Court; or (d) if the amount or value of the subjectmatter of the dispute in the court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of [Majlis-e-Shoora (Parliament)] and the judgement, decree or final order appealed from has varied or set aside the judgement, decree or final order of the court immediately below; or (e) if the judgement, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgement, decree or final order appealed from has varied or set aside the judgement, decree or final order of the court immediately below; or (f) if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. 3. An appeal to the Supreme Court from a judgement, decree, order or sentence of ahighcourtinacasetowhichclause (2) does not apply shall lie only if the Supreme Court grants leave to appeal (Art. 185). Under Article 212 (3): An appeal to the Supreme Court from a judgement, 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. Supreme Court Annual Report 2002: 6

17 2.2.3 Advisory Jurisdiction 1. If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. 2. The Supreme Court shall consider a question so referred and report its opinion on the question to the President (Art. 186) Review Jurisdiction The Supreme Court shall have power, subject to the provision of any Act of [Majlis-e-Shoora (Parliament)] and of any rules made by the Supreme Court, to review any judgement pronounced or any order made by it (Art. 188) Appellate Jurisdiction against Judgements of Federal Shariat Court Article 203-F of the Constitution confers on the Supreme Court, appellate jurisdiction against final decisions of the Federal Shariat Court under Article 203D, i.e., determining whether or not any law or provision of law is repugnant to the injunctions of Islam. Such Appeal is heard by the Shariat Appellant Bench of the Supreme Court consisting of three Muslim Judges of the Supreme Court and not more than two Ulema appointed by the President to attend sittings of the Bench as ad hoc Members Power to Transfer Cases The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court (Art. 186A) Decision of the Supreme Court binding on other Courts Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan (Art. 189) Issue and Execution of Process of the Supreme Court Subject to clause (2) of Article 175, the Supreme Court has the power to issue directions, orders or decrees for doing complete justice in any case or matter pending before it, including an order for securing the attendance of any person or the discovery or production of any document. Any such direction, order or decree is enforceable throughout Pakistan, and if a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question is final (Art. 187) Rule Making Powers Article 191 says that subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court. Accordingly, the Supreme Court Rules, 1980 have been framed. Supreme Court Annual Report 2002: 7

18 2.3 Role and Functions of the Chief Justice TheChiefJusticeofPakistanisappointedby the President under Article 177 of the Constitution. He provides leadership to the Court. Among other functions and responsibilities, the Chief Justice of Pakistan: Is consulted by the President for appointment of Judges of the Supreme Court as well as Chief Justices and Judges of High Courts. In the absence of sound reasons to the contrary, to be recorded by the President/Chief Executive, his opinion as to the fitness of a person for judgeship is accepted. Appoints: with the approval of the President, ad hoc Judges of the Supreme Court from among the retired Judges of the Supreme Court, who retired less than three years prior to such ad hoc appointment; and with the approval of the President and consent of the Chief Justice of the High Court concerned, ad hoc Judges of the Supreme Court from among the serving Judges of the High Courts who are qualified for appointment as Judges of the Supreme Court. Federal Review Board consisting of a Chairman and two other persons, 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; to the Auditor General of Pakistan; to the Judges of the Supreme Court; and to the Chief Election Commissioner. Nominates: a Judge of the Supreme Court to act as Chief Election Commissioner, during the absence of the Chief Election Commissioner; and Judges of the Supreme Court to various bodies of the Bar, e.g., Disciplinary Committees and Syndicates/Governing Bodies of universities. Is ex-officio Chairman of: Law and Justice Commission of Pakistan; National Judicial (Policy Making) Committee; Governing Body, Access to Justice Development Fund; the Supreme Judicial Council; the Federal Judicial Academy; and Al-Mizan Foundation. Exercises: administrative powers to appoint/remove officers/staff of the Court and upgrade/downgrade posts. Supreme Court Annual Report 2002: 8

19 financial powers to sanction expenditure and re-appropriate funds within the budgetary allocation of the Court. Prepares the Court Roster and constitutes benches of the Court to hear cases. Heads benches constituted for hearing of important cases. Presides over Full Court Meetings and leads in taking important policy decisions. Supervises and directs the Court administration and acts as intermediary between the Court and the judicial system. Initiates internal Court operation policies. Supervises caseflow management. Assigns Judges to specialised work and responsibilities to assist and aid the Chief Justice in formulating policies of court management. Deals with cases of leave of the Judges. Prescribes working hours of the Court and business in chambers and Court holidays. Conducts judicial conferences and studies to plan for improvement of the system of administration of justice. Oversees pre-service and in-service training courses of the judges of the subordinate courts in the Federal Judicial Academy. Supreme Court Annual Report 2002: 9

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23 2.4 Seat of the Court and Branch Registries The Constitution of Pakistan provides that the Principal Seat of the Court shall be at Islamabad and the Court may, from time to time, sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint (Art. 183). Today, the Court with its Principal Seat at Islamabad, has Branch Registries at all the four provincial headquarters. The Branch Registries at Lahore, Karachi, Peshawar and Quetta have been established for the convenience of the public and for providing justice at the doorstep. The Main Registry of the Court remained at Lahore in a borrowed wing of the Lahore High Court for a period extending a little over 25 years, from October, 1949 to November, 1974, after which the Main Registry was moved to Rawalpindi. At Rawalpindi, the Main Registry was housed in what was then called East Pakistan House. The Main Registry was later moved to the Supreme Court Building at Islamabad The Principal Seat At the Principal Seat, Islamabad, the following matters are dealt with: Original Jurisdiction 1. Constitution Petitions under Article 184(3) of the Constitution for enforcement of Fundamental Rights. 2. Constitution Petitions under Article 186(A). Appellate Jurisdiction 1. Civil and criminal petitions under Article 185(3) of the Constitution. 2. Civil and criminal appeals under Article 185(2) (d)(e) and (f) of the Constitution, against the judgements and orders of: (a) All the High Courts; (b) The Rawalpindi Bench, Lahore High Court. 3. Appeals and petitions under Article 203(F) of the Constitution arising out of judgements of the Federal Shariat Court of Pakistan. 4. Civil petitions for leave to appeal under Article 212(3) of the Constitution arising out of judgements of the Federal Service Tribunal as well as all the Provincial Service Tribunals The Branch Registry at Lahore When the Main Registry was moved to Rawalpindi in 1974, a Branch Registry was established at Lahore in a borrowed wing of the Lahore High Court. Later, the Old State Bank Building located at Nabha Road was acquired and renovated to house the Branch Registry. The new building has three courtrooms, Chief Justice Chamber, six other Chambers, library, conference room, Bar room and Registry Offices. A Rest House for lodging Judges during Court sessions has also been acquired, which is situated on Aikman Road GOR-I, Lahore. All petitions instituted in the Branch Registry are heard at Lahore, subject to any special order by the Court. Petitions, appeals and miscellaneous applications are instituted in the Branch Registry arising out of judgements and decisions of: 1. Lahore High Court excluding those of the Rawalpindi Bench; 2. The Federal Shariat Court Lahore; 3. The Federal Service Tribunal Lahore; and 4. The Punjab Service Tribunal. Supreme Court Annual Report 2002: 13

24 All appeals by leave of the Court, or direct appeals, presented in the Registry, are transferred to the Main Registry for registration, printing of record and hearing The Branch Registry at Karachi This Registry was established on 14th October, 1957 in a borrowed wing of the High Court of Sindh. The Registry remained housed, for some time, in Karachi Development Authority (KDA) Rest House, Stadium Road opposite, PTV Centre and later the old State Bank building situated at M.R. Kayani Road, was acquired and renovated to house the Registry. This building had initially been inaugurated by the father of the nation, Quaid-e-Azam Muhammed Ali Jinnah. The Registry shifted to its new location on 20th February, The new building has 2 courtrooms, Chief Justice Chamber and 5 other Chambers, besides a library, conference room, Bar room and Registry Offices. Rest House for lodging Judges during Court sessions has also been acquired, which is situated in Bath Island, Clifton, Karachi. All petitions instituted in the Branch Registry are heard at Karachi, subject to any special order by the Court. All petitions in which leave to appeal is granted are transferred to the Main Registry for registration as appeal. Similarly, direct appeals filed in the Registry are also forwarded to the Main Registry. The work done in the Branch Registry is as follows: Petitions, appeals and miscellaneous application are instituted in the Branch Registry arising out of judgements and decisions of: 1. Sindh High Court; 2. Federal Shariat Court Karachi; 3. Federal Service Tribunal Karachi; and 4. Sindh Service Tribunal. As a special case, it has been provided that the cases which may be instituted and heard at the Branch Registry at Quetta may also be instituted and heard at the Branch Registry at Karachi due to the shortage of Advocates-on- Record at Quetta The Branch Registry at Peshawar The Registry at Peshawar was established on 28th October, 1960 in a borrowed wing of the Peshawar High Court and is still housed in the same building. A site (old Radio Pakistan building) located on Khyber Road has been acquired for the Registry and necessary renovation/repair work is underway. The foundation stone of the Peshawar Branch Registry building was laid on 17th November A Rest House for lodging Judges during Court sessions has also been acquired, which is situated on Khyber Road, Peshawar. All petitions instituted at the Branch Registry are heard at Peshawar, subject to any special order by the Court. All appeals, by leave of the Court, are transferred to the main Registry for registration, printing of record and hearing. The following work is undertaken at the Branch Registry: Petitions and miscellaneous applications are instituted at the Branch Registry. These petitions and applications arise out of judgements and decisions of: 1. Peshawar High Court; 2. Federal Shariat Court, Peshawar; 3. Federal Service Tribunal, Peshawar; and 4. N.W.F.P Service Tribunal The Branch Registry at Quetta The Registry was established on 19th November, 1978 in a borrowed wing of the High Court of Balochistan, and is still functioning there. Efforts are, however, being made to acquire a permanent site for the Registry. A Rest House for lodging Judges during Court sessions has also been acquired, which is situated on Sharee-Zarghoon, Quetta. Supreme Court Annual Report 2002: 14

25 All petitions instituted in the Branch Registry are heard at Quetta, subject to any special order. All petitions in which leave to appeal is granted are transferred to the Main Registry for registration as appeals. The work done in the Branch Registry at Quetta is as follows: Petitions, appeals and miscellaneous applications are instituted in the Branch Registry arising out of judgements and decisions of: 1. Balochistan High Court; 2. Federal Shariat Court, Quetta; 3. Federal Service Tribunal, Quetta; and 4. Balochistan Service Tribunal. Supreme Court Annual Report 2002: 15

26 L to R (sitting): L to R (standing): Mr. Justice Rana Bhagwandas, Mr. Justice Iftikhar Muhammad Chaudhry, Mr. Justice Munir A. Sheikh, Mr. Justice Sheikh Riaz Ahmad (Chief Justice of Pakistan), Mr. Justice Nazim Hussain Siddiqui, Mr. Justice Qazi Muhammad Farooq, Mr. Justice Mian Muhammad Ajmal Mr. Justice Falak Sher, Mr. Justice Muhammad Nawaz Abbasi, Mr. Justice Sardar Muhammad Raza Khan, Mr. Justice Abdul Hameed Dogar, Mr. Justice Javed Iqbal, Mr. Justice Syed Deedar Hussain Shah, Mr. Justice Hamid Ali Mirza, Mr. Justice Tanvir Ahmad Khan, Mr. Justice Khalil-ur-Rehman Ramday, Mr. Justice Faqir Muhammad Khokhar

27 2.5 Supreme Court Composition The Chief Justices Mr. Justice Irshad Hasan Khan (Retired) Mr. Justice Muhammad Bashir Jehangiri (Retired) Mr. Justice Sh. Riaz Ahmad The Judges of the Court Mr. Justice Ch. Muhammad Arif (Retired) Mr. Justice Munir A. Sheikh Mr. Justice Nazim Hussain Siddiqui Mr. Justice Iftikhar Muhammad Chaudhry Mr. Justice Qazi Muhammad Farooq Mr. Justice Rana Bhagwandas Mr. Justice Mian Muhammad Ajmal Mr. Justice Syed Deedar Hussain Shah Mr. Justice Javed Iqbal Mr. Justice Hamid Ali Mirza Mr. Justice Abdul Hameed Dogar Mr. Justice Tanvir Ahmed Khan Mr. Justice Sardar Muhamamd Raza Khan Mr. Justice Khalil-ur-Rehman Ramday Mr. Justice Muhammad Nawaz Abbasi Mr. Justice Faqir Muhammad Khokhar Mr. Justice Falak Sher Mr. Justice Karamat Nazir Bhandari (Ad-hoc-Judge) Ad-Hoc Members, Shariat Appellate Bench Mr. Justice Maulana Muhammad Taqi Usmani (Relinquished on ) Mr. Justice Allama Dr. Khalid Mehmood Mr. Justice Dr. Rashid Ahmed Jullundhari Attorney General for Pakistan Registrar Mr. Makhdoom Ali Khan Mr. Muhammad Amin Farooqi Supreme Court Annual Report 2002: 17

28 2.6 Organisation Chart of the Supreme Court Chief Justice of Pakistan Mr. Justice Sheikh Riaz Ahmad Judges of the Supreme Court Mr. Justice Munir A. Sheikh Mr. Justice Nazim Hussain Siddiqi Mr. Justice Iftikhar Muhammad Chaudhry Mr. Justice Qazi Muhammad Farooq Mr. Justice Rana Bhagwandas Mr. Justice Mian Muhammad Ajmal Mr. Justice Syed Deedar Hussain Shah Mr. Justice Javed Iqbal Mr. Justice Hamid Ali Mirza Mr. Justice Abdul Hameed Dogar Mr. Justice Tanvir Ahmed Khan Mr. Justice Sardar Muhammad Raza Khan Mr. Justice Khalil-ur-Rehman Ramday Mr. Justice Muhammad Nawaz Abbasi Mr. Justice Faqir Muhammad Khokhar Mr. Justice Falak Sher Mr. Justice Karamat Nazir Bhandari Members Shariat Appellate Bennch Mr. Justice Dr. Allama Khalid Mahmood Mr. Justice Dr. Rashid Ahmad Julundhri Registrar Mr. Muhammad Amin Farooqi Additional Registrar Mr. Budha Khan Deputy Registrar Administration Mr. Nurul Hussain Khan Deputy Registrar Miscellaneous Mr. Sohail Ahmad Babar Deputy Registrar Judicial Mr. Aziz Ahmad Deputy Registrar Karachi Mr. Abdul Ghafoor Memon Deputy Registrar Lahore Mr. Pervez Ahmad Assistant Registrar Administration Mr. Muhammad Afzal Assistant Registrar General/Protocol Mr. Khalid Naseem Data Processing Manager Mr. Muhammad Aslam Lashari Assistant Registrar Miscellaneous Mr. Talat Farooq Lone Assistant Registrar Civil Mr. Muhammad Aslam Assistant Registrar Printing Mr. Muhammad Zulqarnain Shauq Assistant Registrar Criminal Mr. Muhammad Iqbal Assistant Registrar Implementation Mr. Yameen Sohail Assistant Registrar Coordination Mr. Muhammad Bashir Janjua Assistant Registrar Peshawar Mr. Zubair Sabir Officer Incharge Quetta Mr. Aurangzeb Khan Supreme Court Annual Report 2002: 18

29 Chief Justice of Pakistan Supreme Court Annual Report 2002: 19

30 2.7 Bio Data of Mr. Justice Sh. Riaz Ahmad, Chief Justice of Pakistan Name: Mr. Justice Sheikh Riaz Ahmad Father s Name: Late Sh. Manzoor Ahmad Date of birth: 9th March, 1938 Educational Qualification: B.A., LL.B. Date of enrolment as pleader: 16th August, 1960 Date of enrolment as an Advocate of High Court: 25th September, 1962 Date of enrolment as an Advocate of Supreme Court: February 1968 Practised at the Bar for 14 years and worked as Legal Advisor to the Standard Chartered Bank, Family Planning Department, Government of West Pakistan, University of the Punjab, Taken-over industries, like Ravi Rayon, Ittehad Chemicals and WAPDA; Brought on the State list in 1963 to represent the Province of West Pakistan in the High Court and the Supreme Court of Pakistan: conducted many cases on the constitutional, criminal as well as civil sides; Worked as a Part-time Lecturer in the Punjab University Law College, Lahore from 1969 to 1974; Appointed as Assistant Advocate General Punjab on 24th January, 1974; Worked exclusively in the Supreme Court of Pakistan from November, 1974 to May 1980 and represented not only the Province of Punjab, but also other provinces and the Federal Government, while conducting cases of Constitutional importance; Appointed as Advocate General Punjab on 27th of May, 1980, i.e., the Principal Law Officer of the Government of Punjab: worked in this capacity up to 2nd of March, 1984; Ex-officio Chairman, Punjab Bar Council from 1980 to 1984; Appointed as a Judge of the Lahore High Court on 3rd of March, 1984; Member of the Punjab University Law College Committee since 1980; Appointed as Chairman, Board of Governors of the Quaid-e-Azam Law College; As a Judge of the Lahore High Court appointed as Chairman of Tribunal to hold an enquiry into the Badshahi Mosque incident at Lahore; Chairman of the Enrolment Committee of the Punjab Bar Council for enrolment of Advocates; Member of the Committee constituted by the Government of Punjab to run the affairs of Islamia College, Civil Lines, Lahore; Member of the Executive Council of Allama Iqbal Open University, Islamabad; Supreme Court Annual Report 2002: 20

31 Member of the Syndicate Agriculture University, Faisalabad; Member of the Board of Governors, Government College, Lahore; Member of the Syndicate of Quaid-e-Azam University, Islamabad; Member of the Judicial Commission appointed to probe into the cause of the air crash of C-130 aircraft at Bahawalpur wherein General Zia-ul-Haq and others were killed; Appointed as Member of the Election Commission of Pakistan from 1993 to 1996; Held the office of Federal Secretary, Law, Justice and Human Rights Division, Government of Pakistan, Islamabad; Elevated as ad-hoc Judge of the Supreme Court of Pakistan in 1995; Attended the Commonwealth Law Officers Conference at Malta in 1994; Attended the International Conference on the Criminal Law held in Rio de Generio, Brazil in 1995; Appointed as Chief Justice of the Lahore High Court from June, 1997 to November, 1997; Elevated as Judge of the Supreme Court of Pakistan in November, 1997; Attended Training Programme organised by the Commonwealth Judicial Education Institute, Halifax, Nova Scotia, Canada in December 2001; Nominated as Chairman of Federal Review Board in June 2000; Participated in the World Bank Conference on Legal and Judicial Reforms at Washington D.C., U.S.A. in June 2000; Participated in the Fourth Worldwide Common Law Judiciary Conference held in Vancouver, British Columbia, Canada from May 5-9, 2001; Participated in the Conference on Judicial Independence (the Act of Settlement Conference) held in Vancouver, British Columbia, Canada from May 9-11, 2001; Participated in the delegation from the Pakistan Judiciary on a study tour of London, Washington, Philadelphia and San Francisco etc. in connection with the Legal Reforms Project for Strengthening of Institutional Capacity for Judicial and Legal Reforms organised by the Asian Development Bank from 27 April to 3 June, 2001;Participated in the delegation from the Pakistan Judiciary to the Peoples Republic of China from 2-10 September, 2001 to study the Judicial System of China; Attended the Global Judges Symposium on Sustainable Development and Rule of Law held at Johannesburg, South Africa from 18th to 20th August, During this visit, he also attended Envirolaw International Conference 2002 at Durban, South Africa. Supreme Court Annual Report 2002: 21

32 Participated in the 9th SAARC Law and 6th Chief Justices Conference held at Jaipur, Rajhastan, India from September 20 to September 22, 2002 to discuss Judicial Review and the Environment. Attended South Asian Judicial Colloquium on Access to Justice held at New Delhi, India, from 1st to 3rd November, Ex-officio Patron, Commonwealth Judicial Education Institute, Halifax, Nova Scotia, Canada; Appointed as the Chief Justice of Pakistan with effect from 1st February, 2002; Ex-officio Chairman of: Law and Justice Commission of Pakistan, federal statutory institution responsible for systematic reforms/modernisation of legal system and administration of justice;; National Judicial (Policy Making) Committee, which is a body responsible for the formulation of judicial policy and for strengthening the institutional capacity of the judiciary; Governing Body, Access to Justice Development Fund; the Supreme Judicial Council; the Federal Judicial Academy, an institution for training of judicial officers/court staff; Al-Mizan Foundation, a body for the welfare of the retired Judges of the Superiors Courts, retired/serving Judges of subordinate court and court staff. Supreme Judicial Council. Supreme Court Annual Report 2002: 22

33 2.8 Judges of the Supreme Court Mr. Justice Munir A. Sheikh Passed LL.B from Punjab University in 1962; enrolled as Advocate, High Court in 1964; served as Deputy Attorney General from 28th October 1981 to 10th March Elevated as Judge, Lahore High Court in 1987 and of the Supreme Court in Mr.Justice Nazim Hussain Siddiqui Passed LL.B. from University of Hyderabad and LL.M. from University of Karachi; practised law from 1961 to Appointed Civil Judge, promoted as Senior Civil Judge, Addl.District and Sessions Judge. Served (twice) as Registrar, High Court of Sindh, Special Judge Customs (thrice), Special Judge Anti-Corruption, Banking Court, Labour Court; Chairman, Commercial Court and Drug Court; Member, Supreme Appellate Court/Tribunal, Appellate Insurance Tribunal; Member, Board of Governors, Agha Khan University, Indus Valley School; Chairman, IBA, Karachi. Elevated Judge, High Court of Sindh in 1992 and appointed Chief Justice in Elevated as Judge, Supreme Court on 4th February, 2000; serving as Chairman, Central Zakat Council and Member, Selection Board, Q.A. University. Visited France. Mr. Justice Iftikhar Muhammad Chaudhry Passed LL.B. from Law College, Hyderabad University in 1973; enrolled as Advocate in 1974, and Advocate of the High Court in 1976 and of the Supreme Court in Elected Member, Bar Council in Appointed Advocate-General for Balochistan in Elevated as Additional Judge, High Court of Balochistan in 1990 and confirmed in Appointed as Chief Justice, High Court of Balochistan in Elevated as Judge, Supreme Court 4th February, 2000; Chairman, Enrolment Committee of Pakistan Bar Council and Chairman, Provincial Review Board for the Province of Balochistan. Supreme Court Annual Report 2002: 23

34 Mr. Justice Qazi Muhammad Farooq Passed LL.B from University Law College, Lahore in 1960; enrolled as Advocate in 1961; elected Secretary, District Bar Association, Abbottabad in Qualified Provincial Civil Service (Judicial) Examination in 1967 and served as Civil Judge, Senior Civil Judge, and Additional District and Sessions Judge; promoted as District and Sessions Judge in Attended the 1st Advanced Course in Shariah at the Institute of Shariah and Legal Profession, Islamabad and the Islamic University, Madina, Saudi Arabia; Served as Registrar, Peshawar High Court from January 1988 to September Elevated as Judge, Peshawar High Court in Attended course on Alternate Dispute Resolution in San Francisco (USA) in Appointed as Chief Justice, Peshawar High Court in May Elevated as Judge, Supreme Court of Pakistan on 4th February, Mr. Justice Rana Bhagwandas Passed M.A. (Islamic Studies) in 1966, LL.B. in 1965 and LL.M. in 1981 from the University of Karachi, authored thesis on Law of Contempt of Court and secured 2nd position in the examination. Appointed Civil Judge and Magistrate 1st Class in 1967; promoted as District and Sessions Judge in 1979; served as Judge, Sindh Labour Court, Karachi from 1980 to 1983; Special Judge Anti-Corruption, Sukkur from 1983 to 1988; District and Sessions Judge, Khairpur, Karachi East and Sukkur from 1988 to 1991; served as Member, Inspection Team, High Court of Sindh from 1991 to 1992 and Registrar, from 1992 to 1994; elevated as Judge, High Court of Sindh in 1994; served as Election Tribunal, Member/Chairman Service Tribunal for Subordinate Judiciary in Sindh. Elevated as Judge, Supreme Court on 4th February Supreme Court Annual Report 2002: 24

35 Mr. Justice Mian Muhammad Ajmal Passed M.A. (Economics) in 1963; LL.B. from Law College, University of Peshawar in 1965; enrolled as a Pleader in 1965, Advocate High Court in 1968 and Advocate Supreme Court in Elected Secretary, High Court Bar Association, Peshawar in 1975 and as Vice President of the same Association in Visiting Lecturer at Provincial Civil Service Academy, NWFP, Peshawar in 1972; Law Officer, Assistant Advocate-General, Additional Advocate- General and Deputy Attorney-General from 1980 to Appointed as Additional Judge, Peshawar High Court in 1991 and confirmed in Served as Chairman, NWFP Bar Council Tribunal, Labour Appellate Tribunal and Member, Subordinate Judiciary Service Tribunal, Review Board, Election Tribunal and Syndicate, University of Engineering and Technology, Peshawar. Appointed as Chief Justice, Peshawar High Court on 6th January, Elevated as Judge, Supreme Court on 28th April Mr. Justice Syed Deedar Hussain Shah Passed LL.B. from Sindh University in 1965; enrolled as Advocate in 1967 and as Advocate of the High Court in Elected Member, District Council and remained as such from 1979 to 1983 and again from 1987 to Served as Member, Syndicate Sindh Agricultural University. Elected as Member, Provincial Assembly of Sindh for the period 1988 to 1990 and again from 1990 to Elevated as Judge, High Court of Sindh in Appointed Chief Justice, High Court of Sindh on 4th February, Elevated as Judge, Supreme Court on 28th April, Mr. Justice Javed Iqbal Passed his M.A. (Political Science) in 1969 and LL.B from Punjab University in 1968; Master of International Law (Australia); qualified in Islamic Fiqh and Shariah Course from International Islamic University, Islamabad. Appointed as Member, National Industrial Relations Commission in Elevated as Additional Judge, High Court of Balochistan in 1993 and confirmed in Appointed as Chief Justice, High Court of Balochistan on 4th February, Elevated as Judge, Supreme Court on 28th April, Supreme Court Annual Report 2002: 25

36 Mr. Justice Hamid Ali Mirza Passed LL.B. from University of Sindh in 1961; enrolled as an Advocate in 1961; joined the Provincial Judicial Service in 1973 as Senior Civil Judge and Assistant Sessions Judge; promoted as District and Sessions Judge in Elevated as Judge, High Court of Sindh in 1995; nominated as Member, Election Commission of Pakistan in Elevated as Judge, Supreme Court on 28th April Mr. Justice Abdul Hameed Dogar Passed LL.B. from Law College, Punjab University in 1969; enrolled as Advocate in 1970 and practised law for 25 years. Elected as President, District Bar Association, Khairpur. Completed the 3rd Lawyer s Course in Shariah from the International Islamic University, Islamabad in Appointed as Judge, High Court of Sindh in April 1995; elevated as Judge, Supreme Court on 28th April, Mr. Justice Tanvir Ahmed Khan Passed LL.B. in 1965 and LL.M. in 1967 from University College London (University of London); called to the Bar from Hon ble Society of Lincoln s Inn. Remained as Secretary Pakistan Society, University of London from 1964 to Participated in the World Peace Through Law Conference in Holland in Enrolled as an Advocate of the High Court in 1970 and of the Supreme Court in 1977; Visiting Lecturer in the University Law College, Lahore from 1972 to Elevated as Judge, Lahore High Court in 1988 and Supreme Court on 27th September, Supreme Court Annual Report 2002: 26