High Court of Sindh

THIS PAGE BLANK High Court of Sindh Annual Report 2002 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 Law and Justice Commission of Pakistan website http://www.ljcp.com.pk. Comments and suggestions may be sent to the Secretariat of the Law and Justice Commission of Pakistan, Supreme Court Building, Islamabad. Contents

1 FOREWORD BY THE CHIEF JUSTICE 1

2 INTRODUCTION 3 2.1 History of the High Court of Sindh ...... 3 2.2 The High Court of Sindh at Present ...... 4 2.3 The Principal Seat of the High Court and Court Buildings ...... 4 2.4 Jurisdiction ...... 5 2.4.1 Original Jurisdiction ...... 5 2.4.2 Appellate Jurisdiction ...... 5 2.4.3 General ...... 5 2.4.4 Other Courts ...... 5 Civil...... 5 Criminal...... 5 Special Courts and Tribunals...... 6 2.5 List of Judges ...... 6 2.6 Bio Data of Mr. Justice Saiyed Saeed Ashhad, Chief Justice High Court of Sindh .. 8 2.7 Judges of the High Court of Sindh ...... 10

3 SIGNIFICANT JUDGEMENTS OF THE COURT 23 3.1 Shehri & Others v. Province of Sindh & others (SBLR 2002 Sindh 710) ...... 23 3.2 Riaz-ur-Rehman Khan v. Lufthansa German Airlines, Quaid-e-Azam International Airport, Karachi (PLD 2002 Karachi 434) ...... 28 3.3 Associated Biscuits International Limited v. English Biscuits Manufacturers (Pvt.) Ltd. (EBM) & Others (2003 CLD 815) ...... 37

4 THE HIGH COURT OF SINDH—JUDICIAL ACTIVITY 55 4.1 Consolidated Statistics for the High Court of Sindh ...... 55 4.1.1 Consolidated Statement for the High Court of Sindh from 1996 to 2002 showing Institution, Disposal and Pending Balance of Cases ...... 55 4.1.2 Consolidated Statements showing the institution, disposal and balance before High Court of Sindh, Principal Seat at Karachi, its Bench at Sukkur and Circuit Courts at Hyderabad and Larkana from 01-01-2002 to 31-12-2002 .. 56 4.2 Statistics for the High Court of Sindh Principal Seat at Karachi ...... 57 4.2.1 Year-wise Pendency of Cases for the High Court of Sindh Principal Seat at Karachi as on 31-12-2002 ...... 57 4.2.2 Category-wise Institution, Disposal and Balance of Pending Cases for the Principal Seat at Karachi as on 31-12-2002 ...... 58 4.3 Statistics for the High Court of Sindh Sukkur Bench at Sukkur ...... 61 4.3.1 Year-wise Pendency of Cases for the High Court of Sindh Sukkur Bench at Sukkur as on 31-12-2002 ...... 61 4.3.2 Category-wise Institution, Disposal and Pending Balance for the High Court of Sindh Bench at Sukkur From 01-01-2002 to 31-12-2002 ...... 62 4.4 Statistics for the High Court of Sindh Circuit Court at Hyderabad ...... 64 4.4.1 Year-wise Pendency of Cases for the High Court of Sindh Circuit Court Hy- derabad as on 31-12-2002 ...... 64

i 4.4.2 Category-wise Institution, Disposal and Balance for the High Court of Sindh Circuit Court Hyderabad From 01-01-2002 to 31-12-2002 ...... 65 4.5 Statistics for the High Court of Sindh Circuit Court at Larkana ...... 67 4.5.1 Year-wise Pendency of Cases for the High Court of Sindh Circuit Court Larkana as on 31-12-2002 ...... 67 4.5.2 Category-wise Institution, Disposal and Balance of Cases for the High Court of Sindh Circuit Court Larkana From 01-01-2002 to 31-12-2002 ...... 68

5 THE SUBORDINATE JUDICIARY OF SINDH—JUDICIAL ACTIVITY 73 5.1 Consolidated Statistics for the Subordinate Judiciary of the Province of Sindh ... 73 5.1.1 Consolidated Statements Showing the District-wise Institution, Disposal and Balance of Pending Cases for the Subordinate Judiciary of the Province of Sindh from 01-01-2002 to 31-12-2002 ...... 73 5.1.2 Consolidated Statement Showing the Category-wise Institution, Disposal and Balance of Pending Civil and Family Cases for the Sessions Courts in Sindh From 01-1-2002 TO 31-12-2002 ...... 75 5.1.3 Consolidated Statement Showing the Category-wise Institution, Disposal and Balance of Pending Civil and Family Cases for the Courts of Civil Judges and Judicial Magistrates in Sindh From 01-01-2002 TO 31-12-2002 ...... 78 5.1.4 Criminal Cases Pending Before the District & Subordinate Courts According to Age of Cases—Instituted Prior to 1985 ...... 81 5.1.5 Criminal Cases Pending Before the District & Subordinate Courts According to Age of Cases—Instituted After 1984 ...... 83 5.1.6 Pending Balances According to Districts Including Small Causes Court ... 85 5.2 Statistics for the Subordinate Judiciary of the Province of Sindh for the Period 01- 01-2002 to 31-12-03—Districts and Small Causes Court ...... 86

6 MANAGEMENT AND ADMINISTRATION 97 6.1 List of Officers of High Court of Sindh at Karachi ...... 97 6.2 Branches with their work: Administrative Offices of High Court ...... 98 6.2.1 Brief Introduction of the Offices of High Court ...... 98 6.3 The Registrar and Members of the Inspection Team ...... 99 6.4 Complaints Against Judicial Officers and Action Taken ...... 100 6.5 Organisational Charts for the High Court of Sindh and the Subordinate Judiciary . 101 6.6 Organisational Charts of Typical Sessions Divisions and Small Causes Courts .... 106 6.6.1 Organisational Chart of a Typical Sessions Division ...... 106 6.6.2 Organisational Chart of a Typical Sessions Division—Small Causes Court . . 106 6.6.3 Organisational Chart of a Typical Sessions Division—Karachi South ..... 107 6.6.4 Organisational Chart of a Typical Sessions Division Small–Karachi West . . 107 6.6.5 Organisational Chart of a Typical Sessions Division—Karachi East ..... 108 6.6.6 Organisational Chart of a Typical Sessions Division Small–Karachi Central . 108 6.6.7 Organisational Chart of a Typical Sessions Division—Malir ...... 109 6.6.8 Organisational Chart of a Typical Sessions Division—Thatta ...... 109 6.6.9 Organisational Chart of a Typical Sessions Division—Hyderabad ...... 110 6.6.10 Organisational Chart of a Typical Sessions Division—Badin ...... 110 6.6.11 Organisational Chart of a Typical Sessions Division—Dadu ...... 111 6.6.12 Organisational Chart of a Typical Sessions Division—Mithi ...... 111 6.6.13 Organisational Chart of a Typical Sessions Division—Mirpurkhas ...... 112

ii 6.6.14 Organisational Chart of a Typical Sessions Division—Sanghar ...... 112 6.6.15 Organisational Chart of a Typical Sessions Division—Naushero Feroze .... 113 6.6.16 Organisational Chart of a Typical Sessions Division—Nawabshah ...... 113 6.6.17 Organisational Chart of a Typical Sessions Division—Sukkur ...... 114 6.6.18 Organisational Chart of a Typical Sessions Division—Khairpur ...... 114 6.6.19 Organisational Chart of a Typical Sessions Division—Ghotki ...... 115 6.6.20 Organisational Chart of a Typical Sessions Division—Larkana ...... 115 6.6.21 Organisational Chart of a Typical Sessions Division—Shikarpur ...... 116 6.6.22 Organisational Chart of a Typical Sessions Division—Jacobabad ...... 116 6.7 Establishment strength of High Court (vacancy-wise sanctioned and actual strength) 117 6.8 Establishment strength of Sessions Divisions (vacancy-wise sanctioned and actual strength for each Sessions Division) ...... 120

7COURTBUDGETS 123 7.1 Annual Budget of the High Court ...... 123 7.2 Budget of the Sessions Division (Collective and for each Sessions Division) ..... 125

8 SUBORDINATE COURTS—SANCTIONED STRENGTH 135 8.1 Number of Subordinate Courts ...... 135 8.2 Number of Judicial Oﬃcers of Subordinate Courts ...... 136

9 HIGH COURT OF SINDH LIBRARY 139 9.1 Library Branch of High Court of Sindh ...... 139 9.2 Library Services ...... 139

10 HIGH COURT OF SINDH AUTOMATION PLAN 139

11 SINDH MEDIATION CENTRE 145

12 SINDH JUDICIAL ACADEMY 151 12.1 Functions of the Academy ...... 151 12.2 Teachers/Professors in the Academy ...... 151 12.3 The Trainees ...... 151 12.4 Method of Training ...... 152

iii THIS PAGE BLANK

iv 1 FOREWORD

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

It is the matter of great pleasure for me that the Annual Report of the High Court of Sindh and the Subordinate Judiciary for the year 2002, is being published. It is the revival of a practice that was discontinued long ago for no obvious reasons. This report contains, the performance of the High Court of Sindh, its Principal Seat at Karachi, the Circuit Bench at Sukkur and the Circuit Courts at Hyderabad and Larkana as well as the performance of the Subordinate Judiciary. The performance of these Courts is reflected in the various forms and proformas included in the Report along with the analysis of the data presented in graphical form. Besides the figure of cases as to pendency, institution and disposal during the year 2002, the Report also contains history of High Court of Sindh as well as a brief introduction to the present day High Court. In the year 2002, the High Court disposed of 56,384 cases as against 58,927 cases in the year 2001, that is, 2,543 less. The institution in the year 2002 decreased by 15,518 as in the year 2001, 69,994 cases were instituted whereas in the year 2002, institution, of cases was 54,476. These figures include miscellaneous applications as well. The Subordinate Judiciary, during the year 2002, disposed of 1,55,358 cases as against, 1,12,634 cases in 2001, showing an increase of 42,724 in the disposal of cases. A team of Asian Development Bank appreciated, highly, the efforts of the Subordinate Judiciary. The total institution of all matters in the Subordinate Courts was 1,34,280 in 2001, which increased to 1,51,778 in 2002, an increase of 17,498 cases. These results have been achieved despite the fact that both the High Court and the Subordinate Judiciary were not working at their full strength during the period under review. The workload of the Subordinate Judiciary has increased by the assignment of jurisdiction relating to First Rent Appeals to the District Judges and by the enhancement of the pecuniary jurisdiction of the Subordinate Courts. Despite the above difficulties and hardships, efforts were made to clear the backlog, and the expeditious disposal of cases remained the first priority of this Court. Different strategies were worked out and put into action to bring about an overall improvement in the system. Priority was given to the cases involving terrorism and heinous offences, family cases, cases of orphans, women, and widows. We still have to strive to formulate newer and more imaginative strategies and to take appropriate measures for coping with the ever-increasing flow of litigation through the clearance of the backlog and the expeditious disposal of normal cases. During the entire year, as the Chief Justice High Court of Sindh, I endeavoured to improve the performance of High court and the Subordinate Courts. It was not a lone effort. Indeed, I am lucky to have a team of competent, dedicated and hard working Judges and officials. I received full support from my brother Judges in running the affairs of the Court and from the learned members of the Bar in the expeditious disposal of cases. Cooperation from brother Judges, the Bar, the Subordinate Judiciary and the officials of the High Court of Sindh is absolutely essential for

High Court of Sindh Annual Report 2002: 1 removal of the backlog, for the expeditious disposal of cases as well as for combating corruption. I received full support from all of them in overcoming most of the problems. In the end, I hope that in the days to come all of them will continue to perform their respective functions and duties with zeal, commitment, diligence, honesty and dedication enabling me to face the challenges of the future.

Saiyed Saeed Ashhad, Chief Justice, High Court of Sindh

2 High Court of Sindh Annual Report 2002 2INTRODUCTION

2.1 History of the High Court of Sindh A Sadar Court for the province of Sindh was established by Bombay Act (XII of 1866). This Sadar Court was the highest Court of appeal for Sindh in civil and criminal matters and was presided over by a judge called the “Judicial Commissioner of Sindh.” In 1906, the Bombay Act (XII of 1866) was amended by the Sindh Courts Amending Act (Bom. I of 1906) and the Sadar Court was converted into the Court of the Judicial Commissioner of Sindh consisting of three or more Judges. Apart from being the highest Court of Appeal for Sindh in civil and criminal matters, the Court was the District Court and the Court of Session in Karachi. On 21st August, 1926 the Sindh Courts Act (Bom. VII of 1926) was passed providing for the establishment of a Chief Court for the Province of Sindh. On the coming into operation of Part III of the Government of India Act, 1935, on 1st April, 1937, Sindh became a separate Province and the Judges of the Court of Judicial Commissioner of Sindh were appointed by Royal Warrant by the British Government. The construction of the existing main building commenced in 1923, at an estimated cost of Rs. 39,75,248 but it was completed on 22-11-1929, at the actual cost of Rs. 30,35,000. This building which was meant for 5 Judges, but with some provision for expansion in 1929, it now accommodates Court Rooms of 24 Benches and Judges in Chambers. In 1907, the Court consisted of a Judicial Commissioner, and three Additional Judicial Com- missioners, however, in 1935 the number of Additional Judicial Commissioners was increased from 3 to 4. In that year the following were the Judges of the Court:

• Judicial Commissioners of Sindh

1. V.M. Forrers, Esq., I.C.S. (Retired, May 1935). 2. Godfrey Davis, Esq., I.C.S. (From June, 1935) • Additional Judicial Commissioners of Sindh

1. Rupchand Bilaram, Esq., B.A., LL.B. 2. Dadiva C. Metha, Esq., M.A., LL.B. 3. M.A. Havelivala, Esq., Bar-at-Law. 4. Charles M. Lobo, Esq., B.A., LL.B. (Oﬃciating).

In 1937, the Judicial Commissioners, by the Order in Council, were designated as the Judges. Significantly, for the first time in 1938, a Muslim namely, Mr. Hatim B. Tyabji, Bar-at-Law was appointed as the Acting Judge of the Court. As the Sindh Courts Act, 1926 followed closely the lines of the Letters Patent of the Bombay High Court, it was felt that the immediate need of the Province could be satisfied by bringing that Act into operation thereby raising the status of the Court to that of the Chief Court of Sindh. Ultimately, the Government of India Act, 1935, was suitably amended by Parliament and on 15th April, 1940 the Sindh Courts Act, 1926, was brought into operation whereby the Court of the Judicial Commissioner of Sindh became on that day the Chief Court of Sindh. On the passing of the Establishment of West Pakistan Act, 1955, on 3-10-1955, besides the territories of the three other Provinces, the territories of the Province were integrated into the Province of West Pakistan and a High Court for the Province of West Pakistan replaced the Chief Court of Sindh, other High Courts, and Judicial Commissioner’s Court of North-West Frontier

High Court of Sindh Annual Report 2002: 3 Province. However, for the Provinces of Sindh and Balochistan, one High Court with its Principal Seat at Karachi was established. Ultimately, in the year 1976, by the President’s Order 6 of 1976, the High Courts of Sindh and Balochistan were separated and two separate High Courts for the two Provinces were established. In 1947, Mr. Hatim B. Tyabji became the Chief Judge of Sindh Chief Court when the Court consisted of the following Judges:

1. The Hon’ble Mr. Dennis Nail O’Sullivan, Bar-at-Law. 2. The Hon’ble Mr. T. V. Thadani, Bar-at-Law. 3. The Hon’ble Mr. George Baxandell Constantine, B.A.(Oxon), I.C.S., Bar-at-Law. 4. The Hon’ble Mr. Hassanali G. Agha, B.A. LL.B. 5. The Hon’ble Mr. Maneksha Rustomji Mehar, I.C.S. (Oﬃciating).

At the time of establishment of the High Court of West Pakistan the number of the Judges of the Karachi Bench was almost the same but subsequently it was increased to 15 and on separation of Sindh and Balochistan High Courts, 12 Judges were allocated to the Sindh High Court and 3 Judges to Balochistan High Court. The present approved strength of Judges is 28. However, the number of Judges appointed is 27.

2.2 The High Court of Sindh at Present The High Court of Sindh consists of a Chief Justice and 27 other Judges. A Judge of the High Court is appointed by the President after consultation with the Chief Justice of Pakistan, the Governor of the Province and the Chief Justice of the High Court in which appointment is to be made. No person is appointed as a Judge of the High Court unless he is a citizen of Pakistan having attained the age of forty years and who has been an advocate of the High Court or has held a judicial office for ten years, and has for a period of not less than three years served as or exercised the functions of a District Judge in Pakistan. A Judge of a High Court holds office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the Constitution.

2.3 The Principal Seat of the High Court and Court Buildings The principal Seat of the High Court of Sindh is at Karachi with a Bench at Sukkur, and Circuit Courts at Hyderabad and Larkana. In 1974, An Annexe Building on the North-West side of the compound (known as the Old An- nexe) of the High Court was constructed at a cost of Rs. 4.4 million, but it did not ease the situation much, for it is accommodating the offices of this Court and also provides office accommodation to Standing Counsel, Official Assignee, Registry of the Federal Shariat Court, Sindh Bar Council, and Member Inspection Team as well as to Offices of the Advocate General, Additional Advocate General, and Assistant Advocate Generals of Sindh. In 1992, another Annexe building (known as the New Annexe) was constructed on the South- East Side, in the compound of the High Court premises. This building accommodates Court Rooms for the Benches and Chambers for the Judges. Besides, the offices of Additional Registrars (O.S. I) and (O.S. II), the Judicial branches of D-I, D-II, Execution and Development are also situated in this building.

4 High Court of Sindh Annual Report 2002 2.4 Jurisdiction 2.4.1 Original Jurisdiction A High Court, under the Constitution, has original jurisdiction to make an order:—

(i) directing a person within the territorial jurisdiction of the Court to refrain from doing anything he is not permitted to do by law or to do anything he is required to do by law;

(ii) declaring that any act done by a person without lawful authority is of no legal eﬀect;

(iii) directing that a person in custody be brought before it, so that the Court may satisfy itself that he is not being held unlawfully;

(iv) giving such directions to any person or authority, for the enforcement of any of the fundamental rights conferred by the Constitution.

Besides the original jurisdiction conferred by or under various laws, a High Court has the power to withdraw any civil or criminal case from a trial Court and try it itself.

2.4.2 Appellate Jurisdiction A High Court has appellate jurisdiction against the judgements, decisions, decrees and sentences passed by the civil and criminal Courts.

2.4.3 General A High Court has the power to make rules regulating its practice and procedure and of Courts subordinate to it. The High Court supervises and controls all Courts subordinate to it and any decision of a High Court is binding on all Courts subordinate to it.

2.4.4 Other Courts Civil. In every district of a Province, there is a Court of the District Judge, which is the principal Court of original jurisdiction in civil matters. Added to this is the Court of Additional District Judge. Besides the Court of District Judge, there are Courts of Senior Civil Judges and Civil Judges who work under the supervision and control of the District Judge, and all matters of civil nature originate in the Courts of these Judges. The District Judge may, however, transfer any matter from any Additional District Judge, Senior Civil Judge and Civil Judge. Appeals against the judgements and decrees passed by the Civil Judges, in cases where the value of the suit does not exceed the speciﬁed amount, lie to the District Judge.

Criminal. In every district, there is a Court of the Sessions Judge and Courts of Magistrates. Criminal cases punishable with death and imprisonment for life as well as cases arising out of the enforcement of laws relating to Hudood are tried by the Sessions Judges. However, oﬀences not punishable with death are tried by the Assistant Sessions Judges and Magistrates. An appeal against the sentence passed by a Sessions Judge lies to the High Court and against the sentence passed by an Assistant Sessions Judge and a Judicial Magistrate to the Sessions Judge, if the term of sentence is up to seven years.

High Court of Sindh Annual Report 2002: 5 Special Courts and Tribunals. To deal with specific types of cases, Special Courts and Tri- bunals are constituted. These are: Special Courts for Trial of Offences in Banks; Special Courts for Recovery of Bank Loans; Special Courts under the Customs Act; Courts of Special Judges Anti- Corruption; Drug Courts; Labour Courts; Insurance Appellate Tribunal; Income Tax Appellate Tribunal and Services Tribunals. Appeals from the Special Courts lie to the High Courts, except in case of Labour Courts and Special Traffic Courts, which have separate forums of appeal.

2.5 List of Judges

Sr. Name and Adresses of the Tel. Ext. Off/Res. No. Chief Justice and Judges Nos. Tel. Nos. 1 THE CHIEF JUSTICE, 215 9203223 MR. JUSTICE SAIYED SAEED ASHHAD, 9203136 A-3, Galaxy Apartment, G-17, Block-8, Chaudhry Khaliquzzman Road, Clifton, Karachi. Bungalow No. 7B-1 / I, Central Lane, Phase-II, DHA, Karachi. 5389526-7-8 2 MR. JUSTICE SABIHUDDIN AHMED, 222 5847582 Bungalow No.44/II, 13th St. Off Khayaban-e-Mujahid, Phase-V,D.H.A Karachi. 5854358 3 MR.JUSTICE MOHAMMAD ROSHAN ESSANI, 220 5838863 Bangalow No. 29/I, 23rd Street, Phase-V, Khy-e-Tanzeem, D.H.A., Karachi. 9250443 4 MR. JUSTICE S.AHMED SARWANA, 242 9250615 Bangalow No. 15/2, 17th Street, Phase-V, Main Khyaban-e-Tauheed, D.H.A. Karachi. 5 MR. JUSTICE ZAHID KURBAN ALVI, 231 9215235 65- Hussaini Manzil, Chestnut Street. Garden East, Karachi. 7216919 6 MR.JUSTICE GHULAM NABI SOOMRO, 219 9250442 C-1/4 Muhammad Ali Bogra Road, Gulshan-e-Faisal, Bath Island, Karachi. 7 MR. JUSTICE SHABBIR AHMED, 221 6378057-8 C-314, Block-6, F.B.Area, Karachi. 8 MR.JUSTICE ATA-UR-RAHMAN, 244 5381223-4 44-B-1 Phase II, D.H.A., National Highway, KARACHI. 5381238 9 MR. JUSTICE GHULAM RABBANI, 218 7217169 C/o Mr. Ghulam Subhani Qureshi, G-5 Officers Colony opp. Police Head Quarters, South Karachi. 10 MR.JUSTICE SARMAD JALAL OSMANY, 229 5846615 Bungalow No.6, Khayaban-e-Qasim, 5340332 Phase-VIII, D.H.A., Karachi. 11 MR.JUSTICE ANWAR ZAHEER JAMALI, 224 5340147 M-30/I, Khayaban-e-Ittehad, Phase-VII, D.H.A., Karachi. 5340156 12 MR. JUSTICE M. ASHRAF LAGHARI, 227 9250624 Bungalow No.18/B, Street 11-A, Bath Island, Karachi. 651096 13 MR. JUSTICE WAHID BUX BROHI, 217 9250600 1-B/2, Cornish Residence, Block-2, Scheme-5, Clifton, Karachi. 14 MR. JUSTICE MUSHIR ALAM 223 7229476 56 Depot Line, Soldier Bazar, Karachi 7218983 Continued....

6 High Court of Sindh Annual Report 2002 Sr. Name and Adresses of the Tel. Ext. Oﬀ/Res. No. Chief Justice and Judges Nos. Tel. Nos. 15 MR.JUSTICE S.ALI ASLAM JAFRI, 239 5863446 High Court B.No.5, Bath Island, Karachi. 16 MR. JUSTICE MUHAMMAD MUJEEBULLAH SIDDIQUI, 225 6904002 C-116, sector 11-B, North, Karachi. 6991529 17 MR.JUSTICE SYED ZAWWAR HUSSAIN JAFFERY, 230 4973768 B-234, Block-5 Gulshan-e-Iqbal, Karachi. 18 MR.JUSTICE MOHAMMAD MOOSA K.LEGHARI 226 5820091 Flat No.G-3, Perdesi Sky Land, Street No. 6, Gulshan-e-Faisal, Bath Island, Karachi. 19 MR.JUSTICE ZIA PERWEZ 233 7782103 1004/803 , Sea Breez Plaza, Shahra-e-Faisal, Karachi. 7782303 20 MR.JUSTICE MOHAMMAD AFZAL SOOMRO 228 443436 High Court Banglow No. 3, Feroze Nana Rd., 9250647 Bath Island, Clifton, Karachi 21 MR.JUSTICE REHMAT HUSSAIN JAFERY 296 5833091 81/D, Bath Island Kahkashan 7, Clifton, Karachi. 9250185 22 MR.JUSTICE AZIZULLAH M. MEMON 211 5832605 Flat No.108, Mehmoodabad Flats, Fran Rose Road, Bath Island, Clifton, Karachi. 9250999 23 MR.JUSTICE M. SADIQ LEGHARI 232 5878388 18/B, G.O.R., Bath Island, Clifton, Karachi. 24 MR.JUSTICE KHILJI ARIF HUSSAIN 213 5382713 8-B, Phase-I, Main Korangi, Defence Road Behind Caltex Petrol Pump, D.H.A, Karachi. 25 MR.JUSTICE AMIR HANI MUSLIM 236 5656857-58 BG-02, 12-CL-8, Pursa Heaven, Civil Lane Quarters, Karachi. 26 MR.JUSTICE GULZAR AHMED 238 5802100 52A, 1/1, 3rd Sunset Street, Phase-II Ext., Defence Housing Authority, Karachi. 27 MR.JUSTICE MAQBOOL BAQAR 243 4312391 71 N., Block-2, P.E.C.H.S, Karachi.

This list includes the names of Judges who were elevated to the High Court during the year 2003. The same is true of the bio-data of the Judges presented later.

High Court of Sindh Annual Report 2002: 7 2.6 Bio Data of Mr. Justice Saiyed Saeed Ashhad, Chief Justice High Court of Sindh

• Born on 8-10-1943 at Lucknow, India; • completed education in 1963 obtaining LL.B. degree from S.M. Law College, Karachi; • joined the Bar as a pleader in September, 1963; • enrolled as an Advocate of the High Court in November, 1966; • practised at the Bar till January, 1975; during this period, conducted cases on behalf of Habib Bank Limited, Standard Bank Limited, United Bank Lim- ited, Pakistan Atomic Energy Commission, National Shipping Corporation and Pan-Islamic Steamship Limited and also cases on behalf of the State; • acted as Assistant Prosecutor and Assistant Government pleader; • was appointed as District and Sessions Judge in January, 1975 at Khairpur; • as District and Sessions Judge in February, 1981; • as District Judge held various assignments, such as, Presiding Oﬃcer, Labour Tribunal, Joint Secretary/Draftsman, Law Department, Government of Sindh; Judge Customs, Taxation and Anti-Smuggling; Chairman, Appellate Tribunal, Chairman, Drugs Court; Judicial Member, Tax Appellate Tribunal besides working as District and Sessions Judge, Shikarpur, Sukkur and Karachi; • elevated to the Bench of Sindh on 11-1-1997; appointed as Chief Justice and took oath of oﬃce on 28-4-2000.

8 High Court of Sindh Annual Report 2002 Chief Justice High Court of Sindh 2.7 Judges of the High Court of Sindh Mr. Justice Sabihuddin Ahmad

Born in 1949 at Hyderabad; M.A. Punjab University 1969; LL.B. from Karachi University; participated in inter-collegiate debates; edited collage magazine at Government Degree College Sukkur, Government College Lahore and S.M. Law College Karachi; entered legal profession in 1972; practised at the bar for 23 years and appeared before the Supreme Court in important civil and constitutional matters; founder member of the Hu- man Rights Commission of Pakistan and its Vice President (1987–1990); participated in several International Conferences on Human Rights and allied issues; contributed several articles to newspapers and periodicals on constitutional Human Rights Issues; elevated to the bench of the Sindh High Court on 11.1.1997; participated in several International Judicial Conferences; elected member of the International Advisory Council of the International Centre for Promotion of Human Rights (Interights) and steering committee of the South Asia Forum legal education on gender issues; member of Board of Trustees of Aga Khan Foundation and Board of Governors, Hamdard University; Senior Puisne Judge of the High Court of Sindh since 28-4-2000. Mr. Justice Mohammad Roshan Essani Born on 05-08-1941 at Tando Muhammad Khan (Hyderabad, Sindh); B.A from University of Sindh in 1967; Diploma in Public Administra- tion from University of Sindh in 1967; L.L.B. from University of Sindh in 1969; enrolled as Advocate of Subordinate Courts on 06 March 1971, Advocate of High Court 21 April 1975, and Advocate of Supreme Court 1991; Assistant Public Prosecutor from 7.11.1972; Government Pleader District Tharparkar 14.3.1988; on the Panel of Advocate General Sindh from 27.4.1995 till elevation to Bench; Deputy Attorney General of Pak- istan from 5.11.1995 to 11.11.1996; Joint Secretary Tharparkar District Bar Association for the Year 1972; General Secretary Tharparkar Dis- trict Bar Association for the Year 1981; member Executive Committee Tharparkar District Bar Association for many years; member Managing Committee Tharparkar District Cultural Association for the Years 1975 to 1981; member Executive Committee Tharparkar District Tuberculosis Association for the years 1976 to 1981; member Sindh Bar Council from 1995 till elevation to Bench; member Building Committee Sindh Bar Council till elevation to Bench; member Examination Committee Sindh Bar Council; elevated as Judge High Court of Sindh on 27.10.1997; member Syndicate/Senate Mehran University of Engineering and Technology Jamshoro Sindh from 24.4.1998; member Board of Governors Indus Valley School of Art and Architecture Karachi from 4.5.1999; Chairman Provincial Election Authority Sindh from 19.6.2000 to 26.4.2002; Acting Chief Justice High Court of Sindh 2.3.2001 to 19.3.2001; Acting Chief Justice High Court of Sindh 25.7.2002 to 2.8.2002; Judge Election Tribunal for disposal of appeals 2002 against the decisions of Returning Oﬃcer for Elections of National Assembly and Provincial Assembly Sindh; Judge Election Tribunal for disposal of appeals 2002 against the decisions of Returning Oﬃcer for Bye Elections of National and Provincial Assembly Sindh; attended Provincial Judicial Conference Sindh 2002 at Karachi.

10 High Court of Sindh Annual Report 2002 Mr. Justice S. Ahmed Sarwana Born at Delhi; educated at Government College Lahore, Sindh Muslim College; passed his B.A. (1961) and LL.B. (1963) from the University of Karachi; LL.M. Degree, University of Pennsylvania in 1967; awarded French Government Scholarship for International Law in 1962, Yale Law School Fellowship in 1964, and University of Pennsylvania Law School Graduate Fellowship 1964-65; selected as US Fulbright Scholar 1964 to 1967; attended Hague Academy of International Law External Seminar in Tehran in October 1970 and Salzburg Seminar in July 1989; worked as Intern with the United Nations Legal Department, New York, August and September 1965, as Research Assistant with American Law Institute from November 1965 to February 1966, and as a Research Associate with Morgan Lewis & Bockius, Philadelphia from March 1966 to June 1967; admitted as Pleader by the High Court of West Pakistan, Karachi Bench 1963; enrolled as Advocate of the Supreme Court of Pakistan in 1973, became Senior Advocate in 1994; elected Member of Executive Committee (1974 to 75), Joint Secretary (1977 to 78), Honorary Secretary (1979-80) and Vice President (1986 to 1987) of the Sindh High Court Bar Association, Karachi and Vice President of the Supreme Court Bar Association (1993-95); also elected Chairman, Pakistan Intellectual Property Rights Association (1979-1997); taught at various institutions; Acting Principal, Islamia Law College May to October 1975; member of the Faculty at the WIPO Intellectual Property Law Seminar, Colombo in July 1991; contributed numerous articles to, and worked as correspondent for, international periodicals; member, Executive Committee, Pakistan Institute of International Aﬀairs (1975-80); Chairman, Board of Directors, Pakistan American Cultural Center 1973, 1976, 1978, 1982 and 1986; participated in several International Judicial/Law Conferences; practised at the bar for 34 years before the High Court and the Supreme Court in constitutional, civil and commercial law matters; elevated to the Bench of High Court of Sindh on 28.10.1997; appointed Member, Rule Committee, High Court of Sindh on 26 May 1996 and President on 21 February 2000; member, Steering Committee, Access to Justice Program for the Province of Sindh; Chairman, I.T. Committee 2 July 2002; associated as Member, Executive Committee, College of Business Management since 13.6.1998 and Chairman, Board of Governors, Institute of Business Administration, Karachi since 21.6.2000. Mr. Justice Zahid Kurban Alavi Born on 21st August, 1941 at Karachi; B.A., LL.B. & M.A. (International Relations) University of Sindh; founder of Junior Chamber of Commerce International in Pakistan; member Social Services Co-ordinating Council; President, Pakistan American Cultural Centre and Member of the Board since 15 years; member, Human Rights Commission of Pakistan; Karachi Bar Association; member Sindh High Court Bar Association; member, Karachi Co-operative Lawyers Society; member, Pak China Friendship Society; founder member SAARC LAW and Vice President SAARC LAW Pakistan, Karachi Chapter; founder, Law College Law Conference Com- mittee; member, Special Committee set up to investigate laws for children by Govt. of Sindh; Trustee of 14 Trusts primarily meant for education; Member Board of Governors, Greenwich University; attended seminars on numerous topics in Karachi, Pakistan and internationally (on laws for young children and the handicapped and soak pits; taught the blind; given recognition awards in St. Louis, Mo. USA, by US Jaycees, by UNICEF in Calcutta, India, by JCI International in St. Louis, in Manila, in Sweden, by Pakistan Jaycees, by Karachi Jaycees, by Rotary International, by Dist. Governors 327, by Club President of the Singapore Jaycees and by Penang

High Court of Sindh Annual Report 2002: 11 Jaycees, Gold Star Award given to firm of Zahid and Tariq; only Pakistani to be interviewed by Club of Rome on “Young Leaders of the World”; recognised by European Community for 20 years of Service for the handicapped; mentioned in who’s who in Pakistan in the year 2001; started Law Practice after graduating in Law in June, 1966. Mr. Justice Ghulam Nabi Soomro Born on April 27,1942 (note the date 27th in the following); enrolled as Advocate on September 10, 1970; passed B.Sc., LL.B. and M.A. in Polit- ical Science in 1964, 1967 and 1969 respectively from Karachi University; joined the firm of Khalid, Rauf, Zahid and Nizam Advocates; moved to Dadu Town to practice as an Advocate; remained Assistant Public Pros- ecutor and Assistant Government Pleader from 1973-1979; President of District Bar Association, Dadu for three terms; elected Member of Sindh Bar Council from Dadu District for five years (1979-1984); enrolled as Advocate of High Court of Sindh in 1980; became Additional Advocate General of Sindh on 27th March 1997; was elevated to the Bench of High Court of Sindh on May 27, 1998; was confirmed on May 27, 1999; elected Vice Chairman of Pa- tients Welfare Society, Civil Hospital and Chairman of District Anti-T.B. Association, running a charitable hospital in Dadu; presently, he is Chairman of Service Tribunal for the Sub-ordinate Judiciary. Mr. Justice Shabbir Ahmed Born in 1942, in Allahabad; obtained B.A. (1961) and LL.B (1963) from University of Allahabad; enrolled as Advocate High Court on 12th August 1964; practised civil law in Allahabad High Court upto 1967; migrated to Pakistan in June, 1967; practised in Karachi upto 1973; remained affiliated with Mansoorul Arfin & Co. Advocates; joined Sindh Subordinate Judi- ciary as Senior Civil Judge on 26.3.1974; served at Sanghar (1974-1975) and Hyderabad (1975-1978) Districts; promoted as Additional District & Sessions Judge in November, 1978; served in Sukkur (1978-1980), Larkana (1980-1983) and Nawabshah (1983-1985); promoted as District Sessions Judge on 19th February 1985; served as Member Inspection Team, High Court, District & Sessions Judge in Districts Dadu, Karachi (South), Khairpur, Karachi (East), Mirpurkhas and Karachi (Central); posted as Presiding Officer, Sindh Labour Court No. III, Karachi and Sindh Labour Court No. 8, Larkana; also served as Registrar High Court, Sindh (thrice), (1986-1988), (1988-1989) and (1997-1998); elevated to Bench on 27th May, 1998 as Additional Judge for one year; confirmed on 27th May, 1999; Judge, Special Appellate Court for (Customs & Taxation), Sindh, Administrative Judge, Special Courts (Anti-Terrorism Ac- tivities) for Karachi Division; Chairman, Sindh Zakat Council, Chairman, Islamic Board Modarba and Chairman Selection Committee for Judicial Officers, Sindh; member, Syndicate of Karachi University and Baqai University, Karachi; participated in third Batch for Shariah Course of Inter- national Islamic University, Islamabad in 1981 and attended SAARC Law Conference at Jaipur (India) in September, 2002.

12 High Court of Sindh Annual Report 2002 Mr. Justice Ata-ur-Rahman Born on July 13, 1943 at Bhopal, (India); after completing education up to Middle migrated to Pakistan in 1957; acquired High School Educa- tion from Karachi; obtained degree of B.A. in 1964 and of LL.B. in 1968 from University of Karachi; enrolled as an Advocate on 06-8-1969; as an Advocate of High Court on 06-10-1971 and as an Advocate of Supreme Court on 10-5-1979; practised on the civil, commercial and criminal sides; elevated to the bench on 27-5-1998.

Mr. Justice Ghulam Rabbani Born on 20th October 1944 in the city of Hyderabad; graduated in 1st Class with distinction from University of Sindh; passed the LL.B. examination in 2nd Class from the same University; practised as an Advocate before subordinate Courts and then as an Advocate of High Court till he was elevated to the bench on May 26th, 1998; worked as an Additional Advocate General Sindh during the years 1996 and 1997; taught students of law since 1985 as a Teacher in Hyderabad Sindh Government Law College, and was Assistant Professor till elevation to the Bench; remained Joint Secretary, Hyderabad District Bar Association for two terms, that is, 1976- 77 and 1977-78; was General Secretary of same Bar during 1989 and 1990; served citizens as a member/Joint Chief Citizen Police Liaison Committee, District Hyderabad and other Committees.

Mr. Justice Sarmad Jalal Osmany Born on October 13, 1950 at Lahore; High School from St. Anthony’s High School, Lahore, 1966; Graduated (B.A.) University of Peshawar, 1971; LL.B. University of Punjab, 1975; LL.M., University of London, 1978; worked as an associate with a leading law ﬁrm in Karachi from 1979 to 1982 then in USA with the law ﬁrm of Shearman & Sterling New York City from 1983 to 1984; practised mostly in the international trade and banking; established own Law Firm in Karachi in 1985; appeared before Sindh High Court as well as Arbitration Tribunals; practised in the banking and shipping areas and also handled merger and acquisition matters while advising the Privatisation Commission of Pakistan; elevated as a Judge of the Sindh High Court in 1998; heard and decided cases in all areas of the Law including Shipping, Banking, Property, Tax, Constitution as well as Criminal law; member of the Provincial Steering Committee for the Province of Sindh in the Government of Pakistan’s Judicial and Legal Reform Project; attended Workshops and Seminars relating to access to justice; attended a Symposium on Secured Transactions Law Reforms Project in Manila, Philippines in October, 1999; attended Judicial Conference in 2003 in Los Angeles USA regarding bankruptcy which was sponsored by the World Bank; Professor of Law at Sindh Muslim law College Karachi, from 1980 to 1982 and then from 1985 till 1998; taught both LL.B. and LL.M. classes; co-authored an article on Pakistan Arbitration Law which was published in “International Commercial Arbitration,”, vol. V, 1980.

High Court of Sindh Annual Report 2002: 13 Mr. Justice Anwar Zaheer Jamali Date of birth : 31.12.1951; place of birth : Hyderabad; educational qual- iﬁcation : B.Com. LL.B.; date of enrolment as an Advocate of lower Courts : 10th January 1975; sate of enrolment as an Advocate of High Courts : 13th April 1977; date of enrolment as an Advocate Supreme Court : 24th November 1989; elevated as a Judge of High Court of Sindh: 26.5.1998

Mr. Justice M. Ashraf Laghari Born on 7th March, 1941 in village Manik Leghari, Taluka Matli ( the then District Hyderabad), now District Badin; matriculated in the year 1959 from Noor Muhammad High School Hyderabad, University of Sindh; graduated in the year 1964 from Government City College Hyderabad, and passed LL.B in the year 1967 from Government Sindh Law College Hyderabad; entered legal profession in January 1968 and enrolled as an Advocate on 28th September, 1968; enrolled as an Advocate of High Court of Sindh on 10th January 1975; enrolled as an Advocate of Supreme Court of Pakistan on 23th May 1992; elected as Joint Secretary of Hyderabad District Bar Association in the year 1973; performed Honorary job of Lecturer in Government Sindh Law College Hyderabad from the year 1991; elected as President, High Court Bar Association Hyderabad, on 29th March 1947; conducted number of cases on behalf of the State as an Advocate on the panel of learned Advocate General Sindh; elevated as Judge High Court of Sindh, on 20th April, 1999; appointed as Member, Election Commission Pakistan on 9th February, 2002.

Mr. Justice Wahid Bux Brohi Born on 7th February 1943 (district Shikarpur, Sindh); obtained Bach- elor’s Degree in Mathematics and Economics from University of Sindh in 1966; studied Law in S. M. Law College, Karachi, degree awarded by University of Karachi; appointed as Civil Judge and First Class Magis- trate in 1972 on ad hoc basis; appeared in the competitive examination held by the Sindh Public Service Commission for the post of Civil Judge and secured the first position; completed the course of Shariah Training at Shariah Academy of Islamic University Islamabad; worked as Deputy Secretary and then Draftsman (Additional Secretary) Law Department, Government of Sindh; represented the Government on the Board of Gov- ernors for Law Colleges in the Province of Sindh; appointed District & Sessions Judge in 1985; held the post of Registrar, High Court of Sindh, Karachi twice (1996–1997) and (1998–1999); appointed Official Assignee of Karachi and Administrator General Sindh; held the prestigious assignment of Ex-Officio Secretary to Estate of Quaid-e-Azam Muhammad Ali Jinnah (1997–1998); elevated to Bench on April 20, 1999 as Additional Judge for one year; confirmed as Judge on April 19, 2000.

14 High Court of Sindh Annual Report 2002 Mr. Justice Mushir Alam Born on 18.8.1956; Grandfather Moulvi Abdul Rauf, who served as counsel for Mahraja of Gawaliar State; LL.B. from S.M.Law College, Karachi; joined Karachi Bar, in 1981; enrolled as Advocate High Court in 1983; played active role in Bar activities; held office of Honorary Joint Secre- tary and then as General Secretary High Court Bar Association Karachi; elected member Sindh Bar Council; appointed Standing Counsel for Gov- ernment of Pakistan in 1998; held last two positions till elevation to the Bench on 20th April 1999; worked for all Pakistan Trade Union Congress, an affiliate of Brotherhood of Asian Trade Union (BATU), Worker Con- federation of Labour (WCL); nominated as 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 auspices of APTUC, BATU, WCL and ILO. Mr. Justice S. Ali Aslam Jafri Date and place of Birth: 13th October, 1943 Agra (India); educational qualifications: B.A. LL.B.; professional experience: enrolled as an Ad- vocate on 10.3.1965; Advocate of High Court on 16.4.1972; Advocate Supreme Court of Pakistan on 30.4.1986; taught at Government Law College Khairpur from 1.9.1972 to 9.10.2000; Principal Government Law College Khairpur since 10.2.1985 to 9.10.2000; articles authored: Karo Kari—A challenge to society—How to discourage the same (read in a Seminar arranged by Sindh Police at Karachi); How to beat delay in disposal of cases (read in a Seminar at Karachi arranged by Asian De- velopment Bank); Charge and Points for determination in criminal cases (read at Sindh Judicial Academy Karachi); Issues: Original & Appellate (read at Sindh Judicial Academy Karachi); conferences attended: Peace and good-will Conference held in December 1981 in New Delhi (India); International Jurist Conferences held in Lahore & Karachi in the year 1974, 1975 & 1976. Mr. Justice Muhammad Mujeebullah Siddiqui Date of birth : 01-01-1945; place of birth : Ghazipur; educational qualifications: M.A., L.L.M.; professional experience: enrolled as Advocate in January 1966; enrolled as Advocate High Court 1968; appointed Civil Judge & F.C.M. in 1971; promoted as Senior Civil Judge & Assistant Ses- sions Judge in 1976; promoted as Additional District & Sessions Judge in 1981; promoted as District & Sessions Judge in the year 1988; appointed Judicial Member, Income Tax Appellate Tribunal of Pakistan in the year 1987; appointed Chairman, Income Tax Appellate Tribunal of Pakistan in the year 1994; elevated as Judge of the Sindh High Court in the year 2000; publication: book: Introduction of Islamic Criminal Administration of Justice in Pakistan (Karachi: Kifayat Academy, 1988); training/conferences attended: First Ad- vanced Course in Shariah, Shariah Academy Islamabad, 1981; Special Course on Administration of Justice in Islam (al-Qaza fi-al-Islam) in Medina University, Medina Munawara, Saudi Arabia; undertook study of Administration of Justice in Saudi Arabia, the hierarchy of Courts and the Procedures, in the year 1982.

High Court of Sindh Annual Report 2002: 15 Mr. Justice Syed Zawwar Hussain Jaﬀery Date of birth: 24-04-1945; domicile: Khairpur; education: B.A from Sindh University in 1966, LL.B. from Sindh University in 1969; joined legal profession in April 1970; date of enrolment in lower court: 18-11-1970; date of enrolment in High Court: 19-09-1979; enrolled as Advocate of Supreme Court of Pakistan on 29th September, 1993; taken up on the Panel of Advocate General Sindh for appearing on behalf of the State before High Court of Sindh in 1980; appointed Assistant Advocate General Sindh on 25th July, 1983 handling numerous cases before the Superior Judiciary; promoted as Additional Advocate General Sindh on 14-12-1996; elevated to the Bench of the High Court of Sindh on 10th October, 2000.

Mr. Justice Mohammad Moosa K. Leghari Born on 1st January, 1946 at village Dhingano Bozdar, District Hyder- abad; completed primary education at the village School; admitted to Sindh Model High School Tando Allahyar and Matriculated in the year 1961; graduated in Arts from University of Sindh with Economics and Po- litical Science in the year 1969 and was placed in First Division; studied law at Hyderabad Sindh Law College and passed LL.B in the year 1976, from Sindh University; enrolled as an Advocate in the year 1980; actively pursued legal profession for 20 years, till elevation to the Bench: practised on Civil, Banking, Corporate, Labour and Service Laws; taught Interna- tional Law, Constitutional Law, Law of Contract and other subjects at Sindh Government Law College Hyderabad; remained Legal Advisor to National Bank of Pakistan, besides other statutory bodies run under the control of Federal and Sindh Governments; conducted cases on behalf of Federation of Pakistan, Pakistan Railways, P.T.C.L. and local authorities; worked as Legal Advisor for a number of prestigious Industrial Organisations.

Mr. Justice Zia Perwez Date of birth 27th Jan 1949 at Karachi; B.Sc. 1967-1969 D.J. Govt. Science College Karachi; LL.B. 1969-1971, University of Karachi; enrolled as Advocate— 18th July 1972; enrolled as Advocate High Court of Sindh—25th September, 1974; enrolled as Advocate Supreme Court of Pakistan-21st Feb. 1980; elevated as Judge, Sindh High Court-11th Oct. 2000; author of the scheme/documents which introduced the concept of group bank guarantee to enable travel agents to obtain ticket stock without furnishing bank guarantee individually, the scheme was approved by International Air Travel Association (IATA), it covers all aspects and modalities from individual sureties to the stage of recoveries on account of default; the scheme has been adopted by the airline industry in several other countries as well; conferences attended: SAARC Law Conference held at Karachi.

16 High Court of Sindh Annual Report 2002 Mr. Justice Mohammad Afzal Soomro Born on 8th January 1951, in village Abdullah Dakhan, Taluka & Distt. Larkana; matriculated from Government Pilot Higher Secondary School Larkana in, 1967; graduated in Science from Degree College Larkana in 1971; passed M.Sc. (Mathematics) in 1973, from University of Sindh, Jamshoro; elected as President of the Department of Mathematics; M.A (Political Science) in 1975 from same University; passed L.L.B. from Govt. Sindh Law College, Hyderabad; joined Sindh Bar Council & enrolled as an Advocate of the Lower Court on 10-04-1976 and an Advocate of the High Court of Sindh on 09-04-1979; enrolled as an advocate of the Supreme Court of Pakistan on 30-01-1999 and was enlisted as life member; remained Joint Secretary High Court Bar Association Sukkur for years 1981-82 and 1982-83; elected Honorary Secretary General High Court Bar Association Larkana for the years 1995-96 and 1996-97; elected President High Court Bar association Larkana for the year 1998-99; elevated to the Bench as Judge of the High Court of Sindh on 10th October, 1999. Mr. Justice Rehmat Hussain Jafery Born at Larkana, Sindh on 22.11.1945; B.A. from Government College Larkana; LL.B from Sindh Law College Karachi; enrolled as Advocate at Larkana Bar Association; joined Sindh Judiciary as Civil Judge and First Class Magistrate in the year 1972; promoted as Senior Civil Judge, Ad- ditional Sessions Judge and District & Sessions Judge; served in various districts of Sindh in the above capacities; appointed as Registrar, High Court of Sindh; training at Shariah Academy; worked on the separation of Judiciary from the Executive and was successful in separating the Magis- tracy from the Executive during his posting as District & Sessions Judge Hyderabad in the year 1992 to 1995; appointed as Administrative Judge, Anti-Terrorism Courts Karachi Division on 07.05.1999; appointed as Ad- ministrative Judge, Accountability Courts Sindh, Karachi; decided the “Plane Hijacking Case” against the Ex-Prime Minister of Pakistan Mian Muhammad Nawaz Sharif along with two Chief Ministers; elevated to High Court of Sindh as an Ad hoc Judge on 27.8.2002 and confirmed as a permanent Judge on 27.8.2003. Mr. Justice Azizullah M. Memon Date and place of birth: 1st April 1947, Tando Muhammad Khan, District Hyderabad; educational qualification: M.A. (Honours) (English); LL.B.; professional experience: passed LL.B. examination in the month of Febru- ary 1971; practised as an advocate at the Bar upto 07.05.1973; joined as Civil Judge & F.C.M. on 08.05.1973; on promotion worked as Addi- tional District & Sessions Judge with effect from 11.06.1983; on promotion worked as District & Sessions Judge with effect from 01.09.1990; elevated to the High Court of Sindh with effect from 27.08.2002; appointed as permanent Judge of High Court of Sindh with effect from 26.08.2003; training: attended the 8th training course at Shariah Academy, Interna- tional Islamic University, Islamabad from 02.11.1983 to February 1984.

High Court of Sindh Annual Report 2002: 17 Mr. Justice M. Sadiq Leghari Born on 01-07-1944, at Manik Leghari, District Badin; obtained primary education at village Manik Leghari and matriculated from Noor- Muhammad High School, Hyderabad; obtained LL.B. degree from Jinnah Law College, Hyderabad; enrolled as Advocate Sindh Balochistan Bar Council in 1970 and practised as Advocate till 1973; appointed Civil Judge and FCM in November 1973; promoted as Senior Civil Judge & Assistant Sessions Judge in July 1978, Additional District & Sessions Judge in 1984 and District & Sessions Judge in August 1989; performed as District and Sessions Judge at Larkana, Nawabshah, Sanghar, Ghotki, Sukkur and Hy- derabad; in June 1998 appointed as Special Judge Customs, Taxation and Anti-Smuggling; assumed the oﬃce of Registrar, High Court of Sindh at Karachi on 31-03-2001; elevated to the Bench of Sindh High Court and took oath on 27-08-2003.

Mr. Justice Khilji Arif Hussain

Date and place of birth: 13th April, 1949, Karachi; academic qualiﬁca- tions: B.Sc., LL.B.; practice: Advocate/Pleader 15-11-1976, Advocate High Court 20-06-1978, and Advocate Supreme Court, 1993; Hon. Joint Secretary High Court Bar Association 1984-85, 1987-89, 1992- 93 and 1993-94; member Pakistan Bar Council 1995-2000; Chairman, Executive Committee (1997) Pakistan Bar Council; a number of cases conducted have been reported in Law Reports.

Mr. Justice Amir Hani Muslim Date and place of birth: 1st April, 1952, Kotri, District Dadu, Sindh; academic qualiﬁcations: B.Sc. , L.L.B.; enrolled as Advocate of Subordinate Courts on 26-5-1981; enrolled as Advocate of High Court on 7-11-1983; enrolled as Advocate of Supreme Court on 18-5-2000; appointed Assistant Advocate General, Sindh on 24-3-1994; appointed Additional Advocate General, Sindh on 17-7-1995; resigned from the oﬃce of Additional Advo- cate General, Sindh on 24-11-1996; appointed Deputy Attorney General for Pakistan at Karachi on 12-1-2002; elevated to the Bench on 27th August, 2002.

18 High Court of Sindh Annual Report 2002 Mr. Justice Gulzar Ahmed Date of birth: 02-02-1957; place of birth: Karachi, Pakistan; academic Qualifications: B.A., L.L.B.; enrolled as Advocate on 18.1.1986, as Ad- vocate of the High Court on 2.4.1988, and as Advocate of Supreme Court of Pakistan on 21.4.2001; elected Honorary Secretary of the Sindh High Court Bar Association, 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 27.8.2002 and confirmed on 26.8.2003.

Mr. Justice Maqbool Baqar

Date of birth: 5th April, 1957; academic qualiﬁcation: LL.B. from Univer- sity of Karachi; enrolled as Advocate in May, 1981; elevated as Additional Judge of High Court of Sindh on 26th August, 2002; conﬁrmed as Judge of High Court of Sindh on 26th August, 2003.

High Court of Sindh Annual Report 2002: 19 THIS PAGE BLANK

20 High Court of Sindh Annual Report 2002 SIGNIFICANT JUDGEMENTS OF THE HIGH COURT OF SINDH

High Court of Sindh Annual Report 2002: 21 THIS PAGE BLANK

22 High Court of Sindh Annual Report 2002 3 SIGNIFICANT JUDGEMENTS OF THE COURT

3.1 Shehri & Others v. Province of Sindh & others (SBLR 2002 Sindh 710) Date of hearing: 15th December, 2000.

S. Ahmed Sarwana, J. Sindh Road Trans- Terms and Conditions of the auction of the proper- port Corporation, a statutory body establihed un- ties relevant for the purpose of this Petition reads der Section 70 of the Motor Vehicles Ordinance, as follows: 1965 (Respondent No. 3/the Corporation) for the purposes of providing efficient, adequate, economi- “4. The properties referred above cal and properly coordinated system of road trans- can be used for any Commer- port service to the citizens of the province. Under cial/Residential purpose or otherwise Rule 137(J) of the Motor Vehicles Rules, 1969 the as per rules/policy of the local admin- Corporation is empowered to acquire and hold such sitration. property, both movable and immovable, as the Cor- poration may deem necessary for the purpose of .... any of the said activities including the power to 11. The terms and conditions lease, sell or otherwise transfer any property by it. of Building Departments/zoning During the course of its business, the Corporation rules/regulations prescribed shall be acquired lease land, among others, in the Dvision followed by bidder.” of Hyderabad, Sukkur, Larkana and Mirpurphas where it established Bus Depots, Workshops, Ter- On 12-10-2000 Petitioner No. 1, a Non- minals, Bus Stands and Training Schools. The Cor- Governmental Organisation registered under the poration did not function economically and was Societies Registration Act, 1860 and Petitioner Nos ultimately ordered to be wound up. It is alleged 2 to 10, as public spirited citizen interested in pre- that the Corporation does not have sufficient funds serving the natural and build environment in the to meet its various liabilities including dues of its urban areas of Sind and ensuring the fundamen- employees consisting of Gratuity, CPF, Leave En- tal constitutional right to life of all citizens to live cashment, Golden Handshake Payment etc. in peaceful and good environment filed the present Petition against Government of Sindh (Respondent On 06-12-1999 Transport Department, Gov- No. 1), Transport Department (Respondent No. 2) ernment of Sindh (Respondent No. 3) executed and Sindh Road Transport Corporation (Respon- an agreement with the CBA Action Committee, dent No. 3) seeking, inter alia, the following reliefs: and the Officers Associations of the Corporation wherein it admitted its liability to pay the above a) “declare that SRTC amenity land/transport referred dues of its employees by 06-12-2000 failing workshops and terminals are being disposed of which it agreed to pay Markup thereon at the rate not only contrary to the interest of the public as of 15 percent per annum for delayed payment. In the same is being done without proper develop- order to liquidate its liabilities and meet its com- ment scheme or an legally notified amendment mitments made to its employees, the Corporation thereo. decided to dispose of several plots situated in the four Divisions of the Province of Sindh referred to b) declare that conversion of established land- above. Consequently, the Corporation published an use of transportation depot/terminal/workshop advertisement, among others, in the Daily Dawn of amenity land to industrial/commercial/residential 21st September 200 for auction on various dates use effected in violation of Law, regulations its properties consisting of Bus-Stands/Bus De- and town planning principles in the Province pots/Colonies in Hyderabad, Sukkur, Larkana and of Sindh is illegal, and in violation of the Perti- Mirpurkhas Divisions. Clause Nos. 4 and 11 of the tioner’s and citizens rights,

High Court of Sindh Annual Report 2002: 23 c) direct the Respondents and their subordinate would deprive the citizens of their rights to live officers (Divisional Commissioners, SRTC of- in a peaceful and healthy environment which fun- ficials etc) to stop the auction of the SRTC damental right is guaranteed by the Constitution. amenity plots immediately and refund any He submitted that the respondents should not be monies that may have been taken as bid securi- permitted to convert the use of the plots for com- ties or initial deposits, as the aforesaid location mercial or other purpose as it would be detrimental and proposed land use conversion is being ef- to the phsical and mental health of the citizens. fected in violation of the law, He added that because of the unplanned construction and breaches of the Building Control Laws, d) restrain the Respondents and their subordinate cities like Karachi, Hyderabad and Sukkur have al- officers from parting with physical possessiom of ready created unhygienic living conditions for the the SRTC amenity plots or creating any third citizens and it is imperative that all planning and party interest therein, change in the use of land in future must be done strictly in accordance with the provisions of the e) direct the Respondents and their subordinate Town Planning Act, 1915 and in the light of the Officers to utilize the designated transportation guidelines laid down in the case of Abdul Razak amenity plots and solely for the benefit of the v. Karachi Building Control Authority, PLD 1994 citizens and the travelling public, by setting up Supreme Court 512 at 528. He also argued that means for the private sectior to use the amenity the public servants owe a duty to the State and plots as bus/coach depots, terminuses, work- the citizens of this country to follow the law and shops and other related facilities, work for the betterment of the State and its citizens f) grant such relief as this Hon’ble Court deems and must always exercise their powers in a manner just and proper in the circumstances.” which is not detrimental or adverse to the rights of the citizens guaranteed by the Constitution. On 17-10-2000 the Court issued Pre-Admission Mr. Talmiz Burney, learned Counsel for the notice to the Advoate General Sindh and the Corporation submitted that his clients had ac- Respondents for 25-10-2000 and meanwhile required the properties mentioned in the advertise- strained the Respondents from conducting the auc- ment from private parties which were not amenity tion of the Corporation’s plots or handing over plots and referred to Annexure R-2 of the Counter their possession to the persons who may have pur- Affidavit filed by the Coporation in this behalf. He chased such properties pursuant to the advertise- urged that under Rule 137(J) of the Motor Vehi- ment referred to above. The Interim Order was cle Rules, 1997 the Corporation has the power to extended from time to time. Respondent No. 3 filed acquire and sell movable and immovable property its Counter Affidavit/Parawise Comments wherein without any restriction; however, he added that his several factual and legal pleas were raised includ- client would sell the properties in question only to ing the maintainability of the Petition; however, at legal restrictions applicable at the time of sale. the time of hearing all the Counsels agreed that Mr. M. Sarwar Khan, learned Additional Ad- the entire Petition may be heard and decided at vocate General submitted that the case of Kaachi the Katcha Peshi stage as the issue involved was Transport Company was distinguishable from the important and the Respondent No. 3 was in urgent case put forward by Mr. Rehman in the Petition need of finance to liquidate its liabilities. and that KTC was providing transport facilities Mr. Naimur Rehman, learned Counsel for the outside Karachi and its terminals were generally Petitioners, submitted that all the plots described situated outside the cities. He added that it is a de- in advertisement dated 21-09-1999 were amenity batable question whether Sindh Local Government plots which were being used by the Corporation Ordinance, 1979 was applicable to the properties in for the benefits of the public and they could not question. He also submitted a copy of a letter dated be sold as properties which can be used for com- 12-12-2000 of the Secretary, Government of Sindh, mercial, residential or for any purpose other than Labour and Transport Department addressed to the purpose for which they were being used by the Advocate General stating that the prospec- the Corporation i.e. the use of the land described tive/successful purchasers of SRTC/lands/plots in in the advertisement could not be changed as it open auction shall abide by the applicable Laws

24 High Court of Sindh Annual Report 2002 of the Government/authorities in accordance with The Supreme Court thereafter observed as fol- the land use of the area/site already approved by lows: Local Government or authority whichever may be the case. “From the above quoted passage from We have considered the arguments advanced by Encyclopaedia Britannica, it is evi- Mr. Naimur Rehman, learned Counsel for the pe- dent that the concept of modern city titioner, it would be advantageous to refer to the planning, inter alia, envisages the or- observations of the Supreme Court in the case of derly arrangement of part of the city- Abdul Razak v. Karachi Building Court Authority, residential, business and industrial etc. PLD 1994 Supreme Court 512 at 528 wherein the so that each part could perform its Hon’ble Supreme Court quoted a passage from En- functions with minimum cost and con- cyclopaedia Britannica, 1963 Edition, relating to flict. The paramount object of modern city planning in the following words: city planning seems to ensure maximum comforts for the residents of the city by providing maximum facilities “Goals of Modern City Planning:— referred to hereinabove. It must, there- The ultimate goals were social, al- fore, follow that a public functionary though the plans themselves related to entrusted with the work to achieve physical things. They were deeply in- the above objective cannot act in a volved with intermediate economic ob- manner, which may defeat the above jectives. The expresseion of the goals objective. Deviation from the planned was, of course, coloured by the cul- scheme naturally results in discomfort ture of the society seeking them. In the and inconvenience to others.” U.S. and countries following Western European traditions, the ideal urban In this respect there already exists a statute in environment would reconcile the maxi- the Province of Sindh known as “The Town Plan- mum opportunity for individual choice ning Act, 1915” which was enacted for making and with protection for the individual from executing the town planning schemes so that the adverse effect of the actions of others. development of certain areas should be regulated Within this philosophy, city planning with the general object of securing proper sanitary would probably seek (1) the orderly ar- conditions, amenity and convenience to the per- rangement of part of city-residential, son living in such areas. Section 3 of the said Act business, industrial etc., so that each requires that a town planning scheme shall make part could perform its functions with provisions, inter alia, for: minimum cost and conflict; (2) an efficient system of circulation within the (a) “.... city and to the outside world, using to the maximum advantage all modes of (b) .... transportation; (3) the development of (c) .... each part of the city optimum standards, as of lot size, sunlight and green (d) the allotment of reservation of land for roads, space in residential area, and park- open spaces, gardens, recreation grounds, ing and building space in business ar- schools, markets and public purposes of all eas; (4) the provision of safe, sanitary kinds; and comfortable housing in variety of dwelling types to meet the needs of (i) the imposition of conditions and restric- all families; (5) the provision of recre- tions in regard to the open space to be ation, schools and other community maintained about building, the number, service, of a high standard of size, lo- height and character of buildings allowed cation and quality; (6) the provisions in specified areas and the purposes to and economical water supply, sewer- which buildings of specified areas may or age, utilities and public services.” may not be appropriated.”

High Court of Sindh Annual Report 2002: 25 Section 8 of the Town Planning Act, 1915 provides “parks, playing-grounds and other open spaces for as follows: the benefit of persons residing in any area com- prised in the scheme or any adjoining area and the “8(1) A town planning scheme may extension of existing park, play-ground and other be made in accordance with the pro- open spaces and approaches to the same. visions of this Act in respect of any Section 52-A of the KDA Orde relating to the land which is in course of development conversion or changes in the scheme stipulates that: likely to be used for building purposes. “The Authority shall immediately af- (2) . . . . ter any housing scheme is sanc- (3) The expression ‘land is likely to tioned by, or altered with the ap- be used for building purposes’ shall proval of, government, submit to the include anland likely to be used as, Commissioner the details including or for the purpose of providing open the surevey numbers, area and loca- spaces, roads, streets, parks, pleasure tion of each plot reserved for roads, or recreation grounds, or for the pur- hospitals, schools, colleges, libraries, pose of executing any work upon or play ground, gardens, parks, commu- under the land incidental to a town- nity center, mosque, graveyard or such planning scheme, whether in the na- other purpose and the Commissioner ture of a building work or not, and shall notify such detail in the official the decisions of the Provincial Govern- Gazette.” (emphasis added) ment as to whether land is likely to be We are informed that several statutory bod- used for building purposes or not shall ies have been established in the Province of Sindh be final.” (emphasis added) for the development of various cities and towns in the Schemes of which similar provisions relating to In keeping with the spirit of the Sindh Town parks, gardens and open spaces have been incorpo- Planning Act, 1915 the President of Pakistan pro- rated for the benefit of the general public. mulgated President Order No. V of 1957 (KDA The importance of open spaces, parks, greenery Order 1957) the preamble of which reads as fol- in a city was highlighted by one of us; namely S. lows: AhmedSarwana,J.inthecaseofDr. Zahid Ansari and others v. KDA, PLD 2000 Karachi 168 at 177 “whereas it is expedient to make in the following words: provisions for the development and improvement of certain areas in the “It would not be out of place to men- Karachi Division by opening up con- tion here that open spaces, parks and gested areas, laying out or altering greenery are not only soothing to the streets, providing public amenities like eyes and the mind but also for the parks, gardens and playgrounds, exe- spirit. They are necessary ingredients cuting works for water supply and sew- of town planning as they help in main- erage or by demolishing, improving or taining the physical the physical and constructing buildings; for the acqui- mental health of the residents of the sition of land for such development or town. It is often said by medical doc- improvement, including the re-housing tors and sociologists that if you take of persons affected thereby and cer- away open spaces, parks and green- tain other persons, for the prepara- ery from the residents of a town, be- tion and execution of development or sides other adverse effects, the inci- improvement schemes and for mat- dence of hypertension and crime rate ters conncected therewith or incidental in the populaiton will go up in the thereto;” (emphasis added) area. It is, therefore, imperative that open spaces and amenities be not re- Section 29(n) of the KDA Order states that an duced by converting them into residen- improvement scheme may provide, inter alia, for tial or commercial plots but retained

26 High Court of Sindh Annual Report 2002 at their original location in the Zonal a blight on the community which robs Plan Scheme to safeguard a pleasant it of charm, which make a place from environment where healthy bodies and which men turn. The misery of housing minds flourish and the members of so- may despoil a community as an open ciety do not go berserk. No person, sewer may ruin a river. how high he may be, can or should, .... therefore, be permitted to change the The concept of public welfare is broad use of such area without exceptional and inclusive . . . . The values it rep- reason in the public interest and that resentsarespiritualaswellasphysi- also after strictly following the proce- cal, aesthetic as well as monetary. It is dure required therefor.” within the power of the legislature to Maulan Mufti Muhammad Shafi in his famous determine that the community should Commentary of the Holy Quran “Maariful Quran,” be beautiful as well as healthy, spa- Volume 3, page 98 with reference to “the Sacred cious as well as clean, well balanced Lands” referred to in Surah al-Maida 5, Ayat 21 as well as carefully patrolled.” has commented as follows: It would not be out of place to refer her to the “According to some interpreters of the Oath of the Athenian City State which has been re- Holy Quran, the term sacred land produced in the book entitled “The Urban World” refers to Jerusalem while according to by J. John Palen, published by McGraw-Hill Book others it refers to the city of Jerusalem Company, New York, which reads as follows: and Eilya; while some others say it refers to the city of ‘Areeha’ which was “We wil ever strive for the ideals and located between the river Jordan and sacred things of the city, both alone Jerusalem and is regarded as the old- and with many; we ill unceasingly seek est city in the world. It’s ruins exist till to quicken the sense of public duty; we today and its greatness and majesty will revere and obey the city’s laws; during the time of Hazrat Moosa (AS), we will transmit this city not only less, has bee acknowledged by historians. but greater, better and more beautiful than it was transmitted to us.” According to some historians the city of Areeha had 1000 wards and every At this juncture, we may state that in our opin- ward had 1000 gardens in it.” (Trans- ion, the right to life guaranteed by the Constitution lated from Urdu to English by us) includes the right to live in a clean and healthy environemnt. It is, therefore, the duty of the legisla- The above note also shows that people of the ture to enact laws and of the Government to enforce city of Areeha, which existed more than 3000 years them in a manner which promotes the achievement ago, recognised the importance and necessity of of high intellectual and spiritual goals and happi- gardens and greenery in a human habitat and ness in life by the citizens. planned their cities accordingly. In this respect it From the above survey of law and history we would be advantageous to refer to the observation can safely conclude that sociologists, medical doc- of the United States Supreme Court in the case of tors and judges are all unanimous on the point Samuel Berman v. Andrew Parker, 348 US 26, 99 that open spaces, parks and gardens are necessary L. ed. 27, 75 SCt 98 wich reads as follows: for the physical and mental health of a society “. . . . Miserable and disreputable hous- and if these facilities are not mandatorily made ing conditions may do more than available to the residents of a city, it would cre- spread disease and crime and immoral- ate problems of mental health, rise in crime rate ity. They may also suffocate the spirit and degradation of moral values of inhabitants. by reducing the people who live there It is therefore essential that the government and to the status of cattle. They may in- all persons responsible for town planning and the deed make living an almost insuffer- use of land in the Province of Sindh be directed able burden. They also be an ugly sore, to follow the provisions of Town Planning Act,

High Court of Sindh Annual Report 2002: 27 1915 and the Guidelines laid down by the Hon’ble dundamental rights to live in a healthy and har- Supreme Court of Pakistan in its various illumi- monious environment. The Petition is accordingly nating judgements while preparing town planning allowed in the following terms: schemes and/or changing the use of any land especially from an open space to residential, commercial (i) The Corporation is at liberty to sell and dis- or industrial one, so that the land of the oldest civ- pose of its land comprising Workshops, Bus ilization in the sub-continent may provide a pleas- Depots, Terminals, Bus Stands and Training ant environment for the enviable growth of physical Schools described, inter alia, in the Public and mental health of its citizens. It is imperative Notice published in Daily Dawn of 21-9-200 to do so because all public servants owe a duty to ortheBrochureissuedbytheCommissioner, the citizens of this country to follow the law, work Mirpurkhas Division Hyderabad (Annexure 5 for the improvement, development and betterment of the Petition) or any other similar document of this country and its citizens and always exerise relating to disposal of the land in question is- their power and authority for the achievement of sued by the Corporation or the Government this end. Mr. Talmiz Burney, learned Counsel for of Sindh, Department of Labour and Trans- the Corporation, has stated that his client shall port; sell the properties in question subject to the legal (ii) All the lands/plots of the Corporation de- restrictions of use of land applicable at the time scribed above would be sold, leased, trans- of sale. Mr. Sarwar Khan, learned Additional Ad- ferred or disposed of subject to the condition vocate General also stated that the Government that the buyer/bidder shall not use the land of Sindh, Labour and Transport Department shall for purposes other than those speciﬁed in the abide by the applicable laws relating to land use of rules/policy of the local administration and the area already approved by the local government the terms and conditions of Building/Zoning or any other relevant authority. However, none of Rules and Regualtions prescribed in the Town them stated that the open spaces being used by Planning and Development Schemes for the the Corporation for Bus Depots, Workshops, Bus area concerned. Terminals, Bus Stands and Training Schools would be kept as they are and the said open spaces as ex- (iii) The Government of Sindh shall prepare ap- isting today would not be changed to residential, propriate Town Planning and Development commercial or industrial use without a properly Schemes under provisions of Town Planning prepared scheme. For reasons discussed above, it Act, 1915 where these lands are situated would be proper to direct the Respondents to take and shall ensure that these open lands/plots all future action in relation to the use of land in are not converted into commercial, residen- the Province of Sindh in general and the lands in tial or industrial use without a proper plan question in particular under proper Town Planning or scheme. Schemes so that haphazard structures of concrete and steel may not crop up like wild mushrooms In the circumstances, there shall be no order as without any application of mind of the relevant to costs. authorities which would deprive citizens of their Order accordingly.

3.2 Riaz-ur-Rehman Khan v. Lufthansa German Airlines, Quaid-e- Azam International Airport, Karachi (PLD 2002 Karachi 434) Date of hearing: 15th May, 2002.

Shabbir Ahmed, J.: The only question in- Court, such as one of New York District Court, volved in the matter is one of limitation, and it falling within that description. The question has is, whether the words “a Court of ﬁrst instance” in arisen under the following circumstances: section 14 of the Limitation Act, include a foreign

28 High Court of Sindh Annual Report 2002 The case of the plaintiff is that he is engaged it. The same ground has been taken in supporting in the profession of Marketing on International ba- affidavit. sis and he frequently travelled all around the world Mr. Muhammad Ali Sayeed, Senior Advocate by defendant airline. He attended several meetings and Mr. Rasheed A. Razvi, Advocate, were ap- in London and New York in May, 1997. On 30th pointed amicus curiae, to assist the Court, whether May, 1997, after attending such meetings, he trav- the word “a Court of first instance” in section elled on his way from New York to Karachi on 14 of the Limitation Act includes a foreign Court defendant flight LH-403 via connecting flight LH- viz. District Court, New York, falling within that 634 from Frankfurt to Karachi. On 31-5-1997, flight description with regard to a proceeding taken No.LH-634 arrived at Dubai International Airport, by plaintiff on same cause of action there. Both where while disembarking the defendant aircraft, learned amicus curiae have addressed the Court stairs/ladder wobbled at a very high speed result- and the plaintiff’s counsel had adopted their ar- ing in his fall from the stairs to the ground, as a guments in support of the application. result of that fall,, he became unconscious. He was It may be stated here that by Carriage by Air taken to Emergency Medical Centre, thereafter he (International Convention) Act, 1966, the Warsaw was shifted to Sheikh Rashid Hospital. The plain- Convention, as amended, has been given force of tiff was not being treated properly at Dubai, he law in Pakistan in relation to any carriage by air came to Karachi on 1-6-1997 in serious condition to which those rules apply, irrespective of the na- and remained under medical treatment in Karachi. tionality of the aircraft performing the carriage in Thereafter, he went to United States for further terms of subsection (2) of section 2, which reads as treatment. The plaintiff after service of legal notice follows:— on the defendant filed a claim for absolute liability against the defendant in the United States District “2. Application of the Warsaw Con- Court, New York on July 6, 1998. The case was vention as amended, to Pakistan.–(1) closed by the District Judge for lack of jurisdiction The rules contained in the First Sched- by judgment dated October 18, 2000. ule, being the provisions of the Con- The District Judge, New York was of the view vention for the unification of certain that Article 28(1) of the Convention (Warsaw Con- rules relating to international carriage vention) specifies that action arising out of interna- by air known as ’the Warsaw Conven- tional transportation governed by the Convention tion as amended at the Hague, 1955’ , must be brought in one of four clearly identified hereinafter referred to as the Conven- fora: (1) the domicile of the carrier; (2) principal tion, shall, subject to the provisions of place of business of the carrier; (3) the forum in this Act, have the force of law in Pak- which the carrier has a place of business through istan in relation to any carriage by-air which the contract was made; or (4) the place of to which those rules apply irrespective destination. Unless one of the specified fora is in of the nationality of the aircraft per- the United States, a Federal District Court lacks forming the carriage.” jurisdiction over the claim under the terms of the Convention and hence lacks federal subject-matter It may also be pointed out that rule 28 of First jurisdiction over the controversy. Schedule of the Act is adoption of the Article 28(1) of Warsaw Convention said rule also provides same The plaintiff presented the plaint for recovery foras for an action for damages; (1) before the of Rs.30,30,000 as damages against the defendant Court having jurisdiction where the carrier is or- in this Court on 3-12-2001. dinarily resident; or (2) has his principal place of Alongwith plaint, C.M.A. No.9059 of 2001, an business; or (3) has an establishment by which the application under section 14 of the Limitation Act contract has been made; or (4) before the Court has been filed for exclusion of period spent in Dis- having jurisdiction at the place of destination. trict Court, New York, which contains the ground The above provision is not like the provision of that the plaintiff has been, with due diligence and section 20 of the C.P.C. for bringing a cause at a in good faith prosecuting his case in a Court which place where the plaintiff gets cause of action, save from defect of jurisdiction is unable to entertain where the defendant resides or carries on business.

High Court of Sindh Annual Report 2002: 29 Rule 29 states that the right of damages shall 4. The earlier proceedings and the later pro- be extinguished if an action is not brought within ceedings must relate to same cause of action; two years, reckoned from the date of arrival at the and destination or from the date on which the aircraft ought to have arrived, or from the date on which 5. Both the proceedings are in a Court. the carriage stopped. The present suit is governed by the Carriage Admittedly, the present suit ought to have been by Air (International Convention Act) a special filed in ordinary course within a period of two years law and I have no hesitation in concluding that from 1-6-1997, the date of arrival at the last desti- by virtue of section 29 of the Limitation Act, the nation i.e. Karachi. provision of section 14 can be pressed into service. The provision of section 14 of the Limitation Mr. Muhammad Ali Sayeed, learned amicus cu- Act, provides the exclusion of time in computing riae contended that the question which requires the period of limitation as follows:— determination is whether the suit tiled in American “14. Exclusion of time proceed- Court could be considered civil proceedings within ings bona fide in Court without the meaning of section 14 of the Limitation Act. In Jurisdiction.–(1) In computing the other words, whether the proceedings must be in period of limitation prescribed for Courts of Pakistan or in a Court of Foreign jurisdic- any suit, the time during which the tion. He further contended that (1) whether “civil plaintiff has been prosecuting with proceeding” includes the proceedings instituted in due diligence another civil proceeding, a foreign jurisdiction, if so then (2) whether the whether in a Court of first instance or proceedings were with due diligence. His submis- to a Court of appeal, against the de- sion was that as there is no definition of the word fendant, shall be excluded, where the “Court” in the Limitation Act, it must be con- proceeding is founded upon the same strued in the wider sense in which it is used in cause of action and is prosecuted in that section, so as to include “a foreign Court” and good faith in a. Court which, from de- contended that any term used in the statute, which fect of jurisdiction, or other cause of a limits or curtails the right of a citizen should be in- like nature, is unable to entertain it.” terpreted, liberally particularly, when such term is The reading of the above provision suggests not subjected to the definition. that in computing the period of limitation pre- During the hearing, the decision of Division scribed for any suit, the time during which the Bench of Lahore High Court to Hari Singh v. plaintiff has been prosecuting with due diligence Muhammad Said and others (AIR 1927 Lahore another civil proceeding, whether in a Court of first 200) was referred to the effect that sections 12 and instance or in a Court of appeal against the defen- 14 are only applicable suits in British India and not dant, shall be excluded, where the proceeding is to the proceedings in foreign Courts:— founded upon the same cause of action and is pros- “Section 9 of the Limitation Act lays ecuted in good faith in a Court which, from defect down that when once time has be- of jurisdiction, or other cause of alike nature, is gun to run no subsequent disability unable to entertain it. or inability to sue stops it subject to The following conditions have to be satisfied one proviso, which does not apply in before section 14 can be pressed into service:— the present case. It was conceded that 1. Both the present and subsequent proceedings there is nothing in the Indian Limita- are civil proceedings prosecuted by the same tion Act to warrant the deduction of party. any of the period claimed. Further, it has been held in AIR 1923 Nagpur, 2. The prior proceedings had been prosecuted page 321 that sections 12, 14, etc. of with due diligence and in good faith. the Limitation Act are only applica- 3. The failure of the prior proceedings was due ble to suits in British India and not to defect of Jurisdiction or other cause of like to proceedings in foreign Courts. This nature. ruling followed Chanmalapa v. Abdul

30 High Court of Sindh Annual Report 2002 Vahab (1911) 35 Bombay 139), which Pakistan and others, 1998 SCMR 1863; (3) Ma- is to the effect that the Courts contem- lik Asad Ali and others v. Federation of Pakistan, plated by section 14 of the Limitation PLD 1998 SC 161; (4) Mehram Ali and others v. Act are British Indian Courts.” Federation of Pakistan and others, PLD 1998 SC 1445; (5) Sh. Liaquat Hussain and others v. Feder- ation of Pakistan, PLD 1999 SC 504 and (6) New M/s. Muhammad Ali Sayeed and Rasheed A. Jubilee Insurance Company Ltd., Karachi v. Na- Razvi, learned amicus curiae contended that view tional Bank of Pakistan, Karachi, PLD 1999 SC taken in Hari Lal case is restrictive interpretation 1126. of term Court, and the Limitation Act has to be interpreted keeping in view the observation trade In the last case, the right, access to justice is in several judgments by the Supreme Court that equally founded in the doctrine in due process of the access to justice is a fundamental, such right law which includes the right to be treated accord- cannot be taken away and the plaintiff might have ing to law, the right to have fair and proper trial. been misled by the term civil proceedings. Mr. Mr. Muhammad Ali Sayeed also contended that Muhammad Ali Sayeed has referred the following where a law contravenes fundamental right, the celebrated judgments:— Court would be lean to preserve the rights of the (1) Government of Balochistan v. Azizullah party to approach the Court, even if law of lim- Memon and 16 others, PLD 1993 SC 341 and (2) itation would not be struck down being contrary Government of Sindh v. Sharaf Faridi and others, to the a fundamental right but where the inten- PLD 1994 SC 105 to contend that the right to action of law with language used is undefined and cess to justice is internationally well-recongnized if there is room for more than one interpretation, human right and is now being implemented and ex- the Court should interpret which is in consonance ecuted by granting relief under the Constitutional with fundamental right of access to justice. He also provisions. Article 10 of the Universal Declaration contended that civil proceedings means a proceed- of Human Rights and Article 14 of the United Na- ings of competent jurisdiction, if the proceedings tions Convention on Criminal and Political Rights before a Court having no jurisdiction would not be recognise the right of fair trial by an independent proceedings with due diligence and contended that and impartial Tribunal established by law. The in the instant case, the plaintiff brought a ticket right of equal access to ordinary Tribunals and of defendant Airline from Karachi to New York Courts is recognized in other countries also. The and arrangement has been made through defendant right of access to justice does not only mean that for Karachi from New York via defendant flight the law may provide remedies for the violation of No.LH-634 from Frankfurt to Karachi via Dubai. rights, but it also means that every citizen should On this fact, he contended that the plaintiff was have equal opportunity and right to approach the under a bona fide impression that the Court at New Courts without any discrimination. It also envis- York had the jurisdiction. The plaintiff was within ages that normally the Courts established by law their right to file claim at New York in a forum in shall be open for all citizens alike. Where the ju- which the carrier has a place of business through risdiction of the ordinary Courts established under which the contract was made. He also contended ordinary law is excluded or barred and certain class that no doubt, the ignorance of law is no excuse of cases or class of persons or inhabitants of an area but such principle would be applicable to the lo- are not allowed to approach such Courts and are cal laws and not to the International Conventions. to be tried or rights adjudicated by special Courts, The myth of ignorance of law is no excuse, cannot then a fair, rational and reasonable classification be pleaded in respect of such conventions and con- must be made which have nexus with the object of tended that nowadays laws are so complex that it is the legislation. not possible to have equittance with all, more par- Mr. Muhammad Ali Sayeed also referred the ticularly, the International Law. The contention of following cases, wherein the concept of access to Mr. Muhammad Ali Sayeed, learned amicus curiae justice has been highlighted; (1) Al-Jehad Trust might have some weight, had it been a case of Inter- v. Federation of Pakistan and others, PLD 1996 national Convention only. By enacting the Carriage SC 324; (2) Aftab Shahban Mirani v. President of by Air (International Convention) Act 1966, the

High Court of Sindh Annual Report 2002: 31 Warsaw Convention, as amended, has the force of Mr. Rasheed A. Razvi, learned amicus cu- law in Pakistan. riae while adopting the submissions made by Mr. Mr. Muhammad Ali Sayeed further contended Muhammad Ali Sayeed has also added in sup- that the Court can show indulgence if the party port of contention placed by Mr. Muhammad Ali seeking the condonation has shown that he was Sayeed, by contending that while considering the prosecuting the proceedings with due diligence and question of limitation when no other material is contended that term “due diligence” has been in- available, the contents of the plaint is to be taken terpreted by superior Court in various cases and while deciding the matter and by referring paras referred the case of Mirza Muhammad Saeed v. 3 and 9 of the judgment, he contended that the Shahab-ud-Din and 8 others PLD 1983 SC 385, the learned District Judge has declined to assume the observations are as follows:— jurisdiction on the basis of Article 28 of the War- saw Convention, which with modification, has the “The law as it now stands is that the force of law in Pakistan and enacted in the shape Courts can show indulgence and con- of Carriage by Air (International Convention) Act, done the delay where time has been 1966 and pointed out that under rule 29, if an ac- lost by prosecuting a remedy before tion is not brought within two years, the right is a wrong forum on account of a bona extinguished and the period is to be reckoned from fide mistake or error committed by a the date of arrival. He referred his own judgment, counsel, which a reasonable and pru- wherein the definition of the term “extinguish” has dent man despite exercising due dili- been stated in Shahenshah Hussain v. M/s. Thai gence and caution might have commit- Airways International Limited (2000 MLD 1454) ted. Where, however, the mistake in in the following terms:– approaching the wrong forum is committed by him due to gross negligence “It will be pertinent to see that how and carelessness and it does not ap- the term extinguished has been defined pear that he has shown due diligence, in different law dictionaries. Some de- and caution before moving the said fine it as an end; termination or to wrong forum, the only remedy for the render extinct. In Black’s Law Dictio- unfortunate client of such a counsel ap- nary, the term ’extinguishments’ has pears to be to sue him for damages been defined as the destruction or can- for the loss suffered on account of his cellation of a right, power, contract gross negligence. If such a remedy is or estate. ’It connotes the end of a exercised more frequently and counsel thing, precluding the existence of fu- made to pay for their carelessness and ture life therein’. In Legal Theasu- negligence which results in such grave rus by William C. Burton. (McMil- losses to their clients, some ameliora- lan Publishing Co., New York, 1990 tion in the situation is possible.” at page 217) the term ’extinguish’ has been defined as abolish, cancel, cut Mr. Muhammad Ali Sayeed has also referred out, demolish, destroy, devastate sup- the cases: (1) Raja Karamatullah and 3 others v. press, terminate, wipe out etc. In the Sardar Muhammad Aslam Sukhera, 1999 SCMR case of Barlow v. Ross (24 QBD 381) 1892: (2) Karachi Electric Supply Corporation Ltd. the word ’extinguished’ was considered v. Lawari and 4 others, PLD 2000 SC 94; (3) Bashir in reference to section 20 of Artizan’s Ahmed v. Muhammad Sharif and 4 others, PLD and Labourer’s Dwelling Improvement 2001 SC 228 that in order to take advantage of Lim- Act, 1875; whereafter it was held, inter itation Act, a litigant has to show that he has been alia, that ’the right to compensation prosecuting in civil proceedings with due diligence is co-extensive with extinguishment of and that other civil proceedings were prosecuted in rights’. I would also like to refer a deci- good faith, section 2(7) states that nothing shall be sion of Indian Supreme Court in Vania deemed to be done in good faith which is not done Silk Mills (P) Ltd. v. Commissioner with due care and coercion. of Income Tax AIR 1991 SC 2104 at

32 High Court of Sindh Annual Report 2002 2107 where the phrase ’extinguishment have acted honestly for purposes of the of any rights therein’ was considered Act if he did not act with due care and in reference to section 2(47) read with attention. This is a stricter definition section 45 of the Indian Income Tax than that contained in section 3(20) of Act, 1961 whereafter following obser- the General Clauses Act, 1897, and ex- vations were made while defining the cludes its application.” said phrase:– It was further held that :– . Since those associated words and expressions imply the existence of the “where there is absence of diligence asset and of the transferee, according and good faith, it is erroneous to at- to the rule of nositur a sociis, the ex- tribute the failure to defect of jurisdic- pression ’extinguishment of any rights tion or a like cause.” therein’ would take colour from the said associated words and expressions, The view taken in Hari Singh’s case (supra) and will have to be restricted to the by Division Bench of Lahore high Court and in sense analogous to them. If the Leg- Rajanna v. Narayan (AIR 1923 Nagpur 321) by Di- islature intended to extend the defi- vision Bench of Nagpur High Court, that the term nition to any extinguishmem of right, “civil proceeding before the foreign Court would it would not have included the obvi- not attract the provision of section 14 of the Limi- ous instances of transfer, viz. sale, ex- tation Act. The reason for such view was that the change etc. Hence the expression ’ex- Limitation Act is not applicable to those territo- tinguishment of any ’rights therein’ ries. Learned amicus curiae have emphasized that will have to be confined to the ex- this view is very rigid and narrow, and such re- tinguishment of rights on account of strictive interpretation should not be adopted by transfer and cannot be extended to the Courts in the present circumstances when the mean any extinguishment of right in- concept of global scenario is being advocated in the dependent of or otherwise then on ac- background of economic activities involving Inter- count of transfer.” national Law. When the policy of section 14 is to afford protection to a litigant against the bar of He contended that plaintiff seeking condona- limitation, when he instituted a proceedings which tion in terms of section 14 of the Limitation Act has by reasons of technical defect, want of jurisdiction to satisfy the Court that the proceedings filed by cannot be decided on merit and is dismissed. him were of civil nature and were being prosecuted It has also been canvased that section 14 it- with due diligence at the Court of first instance or self does not contemplate any territorial limits of at the Appellate Court and the case was dismissed a Court and it will neither be in tune with the es- due to jurisdictional defect. He also referred the tablished principles of interpretation nor with the case of Messrs Farid Sons Ltd. v. Messrs Siemens exigencies and requirements of the present day so- and Halske A.G. Hoff and Pakistan PLD 1961 (W ciety to confine its application to the proceedings . P.) Karachi 612, wherein the expression “good in domestic Courts. The phenomenal Increase in faith” with reference to section 14 of the Limita- economic and social activities at international level tion Act was discussed as follows:– within the recent past has given rise to various contracts and transaction amongst persons belonging The expression ’good faith’ is not to different nationalities and consequently, contro- exhaustively defined in section 2 of versies and conflicts cropped up, which some time the Limitation Act but inherently em- culminated into litigation, situations may arise as braces the idea of honesty of purposes. happened in the instant case, where recourse to ju- The definition is as follows: dicial remedy may fail simply because the Court of ’good faith’, nothing shall be deemed a country lacks jurisdiction and by the time pro- to be done in good faith which is not ceedings are instituted in a Court of Pakistan, the done with due care and attention; its law of limitation comes in the way and prohibits en- effect is that nobody can be said to tertainment or consideration of dispute on merits.

High Court of Sindh Annual Report 2002: 33 Thus one, who has a right is deprived of the remedy. purpose apparent in the Limitation Act. The im- It cannot, therefore, be aptly held that proceedings plication is rather the other way. Section 11 of the only in Municipal Court is the sine quo non for Act relates to a “suit on foreign contracts”; and Ar- availing relief under section 14 of the Limitation ticle 117 to Schedule I of the Act provides a period Act; for such an interpretation will be against the of limitation for a suit upon “a foreign judgment”. concept of equity which has been stated as follows:– Whenever, therefore, the Legislature intended anything relating to a foreign State to be brought in, it “All great systems of Jurisprudence has provided for it by express language. It is a fair have a mitigating principle or set of inference from it that, had the Legislature intended principles by the application of which to include a foreign Court in the word “Court” in substantial justice may be attained section 14, it would have said so. in particular cases wherever the pre- In this connection, the scheme of the Code of scribed or customary forms of ordinary Civil Procedure needs examination with reference law seem to be inadequate. From the to foreign Court, because the Code and the Limita- point of view general Jurisprudence tion Act are in pari materia; both are laws of proce- ‘equity’ is the name which is given to dure. The Code does not deﬁne the word “Court”, this feature or aspect of law in gen- and that for the obvious reason that it applies pri- eral.” (American Jurisprudence, 2nd marily to the Courts on whom the Code is binding. Edition page 516). But it deﬁnes “a foreign Court”, “foreign judgment” and wherever it intended that any section of “Equity” cannot of course be invoked against the Code should apply to any judgment or proceed- what the law speaks in positive terms but when ing of that Court, it has said so in distinct terms, there is room for play, Court can verily rely on as, for instance, in section 13. By section 13 of the equity to put a liberal interpretation to save, other- Code, the judgment of a foreign Court is placed on wise, good case from being non-suited. The concept the same footing as that of a Court to which the of access to justice is no doubt well-recognised right Code applies, not in all but only in some cases and but within the parameters of the Law. for a certain purpose. That judgment is conclusive All legislation is primarily territorial, and a as to any matter “directly adjudicated upon” but limit must be placed upon the general sense of a only upon certain conditions, one of which is that word used in a statute with reference to that the it must be a judgment “given on the merits of the statute which compels the Court to interpret the case”. Where it is not so given, the foreign Court word in its wide sense. The words of a statute, is not recognised by the Code as being on the same though to be given their grammatical sense, are footing with Court in Pakistan, to which the Code to be construed also with reference to the general applies. A judgment of a foreign Court, dismissing purpose of the statute. a suit on the ground that it has no jurisdiction to Turning now to the Limitation Act, its pream- try it, is not a judgment on the merits. If a foreign ble shows that the “Courts” to which it applies are Court, which has dismissed a suit for want of juris- Courts in Pakistan, not foreign Courts. The word diction, is not equivalent to a Court to which the must be read in that restricted sense, or else the ab- Code applies, so far as its judgment dismissing the surdity would follow that the Legislature intended suit is concerned, it follows that the Legislature did to provide a “law relating to the limitation of suits, not intend the word “Court” to include a foreign appeals and certain applications” for Courts out- Court in cases to which such judgments relate. side its jurisdiction. And if that is the restricted Again, by section 10 of the Code it is enacted meaning of the word as used in the Preamble, the that no Court shall proceed with the trial of any same meaning must be attached to the word where suit, in which the matter in issue is also directly it occurs in the enacting portions of the Act, unless and substantially in issue in a previously instituted the enactment is itself so clear and unambiguous as suit between the same parties, where such suit is to show that the Legislature intended a departure pending in the same or any other Court in Pak- from that meaning in the case of any particular istan having jurisdiction to grant the relief claimed, section of the Act. Neither expressly nor by neces- or in any Court beyond the limits of Pakistan sary implication has the Legislature made any such established or continued by Federal Government

34 High Court of Sindh Annual Report 2002 and having like jurisdiction or before the Supreme of the pendency of a suit in the Courts Court. Then there is an “explanation” added at of the erstwhile territory of the Ajmer- “the pendency of a suit in a foreign Court does not Merwara, in subsequent suit in Kis- preclude the Courts in Pakistan from trying a suit hangarh Court in view of the accession founded on the same cause of action”. There was, of Kishangarh State to the Dominion strictly speaking, no necessity for this explanation, of India, and thereafter its becoming because the words of the section restrict its scope a part of the Union of India, and spe- in plain language to Courts which exclude a for- cially the merger of the erstwhile State eign Court. Therefore, the fact that it is added as of Ajmer with Rajasthan under the an “explanation” to the section is important. Had States Reorganisation Act, 1956?” the Legislature intended the word “Court” to mean any Court, whether Pakistani or foreign, it would The Full Bench was of the view that no doubt, have called that a proviso or an exception which it the Preamble to the Act shows that the “Courts” to has called an “explanation”. The explanation must, which it applies are Courts in India and not foreign therefore, be regarded as having been added ex ma- Courts. It is also true that all legislation are pri- jore cautela, and it throws lights on the intention of marily territorial and that the limitation Act was the Legislature that the word “Court” should not enacted to be applied by the Courts of the country include a “foreign Court” unless it has that mean- for which it was made and not by Foreign Courts. ing given to it expressly or by necessary implication But that is no reason why the word “Court” should in the Code. not be given a wider meaning so as to include pro- Article 55 of the Qanun-e-Shahadat Order can ceedings in a foreign Court also if the subject or also be referred which relates to judgment in rem, context in which it is used in the section would the judgments of all competent Courts including justify that meaning being given. foreign, in the exercise of probate, matrimonial, ad- To reach above conclusion, the Bench observed miralty, or insolvency jurisdiction. The word “com- that section 14 contains a general principle which petent Court” in that section includes a foreign is based on justice, equity and good conscience and Court, because of the well-known rule of law that it would not be proper to place a narrow construc- such judgments are of “ubiquitous authority and tion upon the word “Court” in it. The provision universally conclusive”. This section in the Qanun- has been made to give relief to honest suitors or e-Shahadat Order supports the conclusion that the applicants who prosecute their suits or application word “Court”, occurring in a statute, excludes a with due diligence in another Court in good faith foreign Court, unless by express language or by nec- and then their suits or applications are dismissed essary implication the statute includes it, or some simply because the Court is unable to entertain well-known rule of law warrants the wider sense. them on account of some defect in its jurisdiction Nevertheless, similar question also came before or some other cause of alike nature. If that is so Full Bench of Rajasthan High Court in Firm Ram- there is no reason why time spent bona fide only in nath Ramachandra v. Firm Bhagatram & Co. AIR municipal Courts by honest suitors should be ex- 1959 Rajasthan 149, through a reference involving cluded and why the time spent in foreign Courts question that a party who has been prosecuting a should not be excluded. The Bench brushed aside proceeding bona fide in a foreign Court can also the objection that section 14 would appear to con- take advantage of the benefit of the section 14 of tain extra-territorial law in case the word “Court” Limitation Act, and deduct the period spent in appearing therein in its wider sense by observing prosecuting the proceeding before such Court when that “we think that it is not proper to say that the proceedings are subsequently instituted in a simply because the word “Court” was used in the proper Court of the country. The reference was in sense of the Courts of British India in the coun- the following terms:– try in the preamble, the same meaning must be attached to the word wherever it occurs in the en- “Whether advantage can be taken un- acting portions of the Act without looking to the der section 15 of the Kishangarh State subject context in which it has been used”. It fol- Limitation Act, corresponding to sec- lows, therefore, that the word “Court” need not tion 14 of-the Indian Limitation Act, necessarily be interpreted to mean “Courts” of the

High Court of Sindh Annual Report 2002: 35 country as shown in the Preamble if a different or law”. (Current Legal Problems, 1932, Volume 5, meaning appears from the subject or context in Stevens & Sons Ltd., London). which the word is used. In the instant case, the proceedings before Dis- trict Court at New York were on the same cause The facts of the instant case are similar to the of action and assumption of jurisdiction has been facts of firm Ram Nath Ramchandra, except that declined on jurisdictional defect. The proceeding section 15 of the Kishangarh State Limitation Act was of “civil nature” and on the same cause of ac- was exactly in the same language of the section 14 tion, the plaintiff has also demonstrated that he of Limitation Act, whereas, to the present case, it was prosecuting his remedy with due diligence and is not brought to the notice of this Court, if similar bonafidely. The first four ingredients of section 14 provision to the section 14 of the Limitation Act, of the Limitation Act can be said to be present. I governs the proceedings of Federal District Court, am inclined to follow the judgment of Full Bench New York. of Rajasthan High Court to Firm Ramnath Ra- The peculiarity of the matter requires dynamic machandra v. Firm Bhagatram & Co. (supra), and approach by the Court. The cause emanates from under the concept of “advancement of remedy and the provision of Carriage of Air (Warsaw Conven- suppression of the mischief”. I am of the opinion tion) Act, 1966 (a special Law). Article 28 of War- that the benefit of section 14 of the Limitation Act saw Convention provides four fora: (1) the domicile is extendable to the instant case on its peculiarity, of the carrier; (2) principal place of business of the for exclusion of the period spent by plaintiff in pro- carrier; (3) the forum in which the carrier has a ceedings before District Judge, New York. Thus, place of business through which the contract was benefit is extended to the plaintiff. Resultantly, the made; or (4) the place of destination. The same fora C.M.A. 9059 of 2001 is granted. have been engrossed in rule 28 of the Schedule of Turning to the question of availability of right the Act, 1966 and the suit could have been filed (1) to sue or its extinguishment, on exclusion of the in Germany, which is domicile of the defendant car- period spent by the plaintiff in prosecuting civil rier, (2) at principal place of business, which might proceedings before District Court, New York, suit tie other than the place of domicile, 3) a place of would not be in time. business through which contract was made which Article 29 of Schedule I of the Act, 1966 pre- might be in a third country and (4) the destination scribes, if an action is not brought within two years viz. Karachi. While dealing with such matter under the right is extinguished and the period is to be special enactment which provides different forum, reckoned from the date of arrival. In the instant as in the instant case, the Courts’ approach should case, the date of arrival of flight at the destination be dynamic and it should bear in mind that un- is June 1, 1997. The presentation date is 3-12- less there are some compelling reasons, the party 2001, if the period of about two years four months should not be non-suited simply because the Court (July 6, 1998) to (October 18, 2000), spent in the of a country lacks jurisdiction and by that time proceedings before District Judge, New York is ex- proceedings are instituted in a Court of Pakistan cluded, even then, the suit would be barred under and prohibits the institution of cause. I am of the Article 29, by two months. The suit having been opinion that Court can exclude the period spent in filed after the extinguishment of right to sue, is the proceedings of the same nature before foreign barred by time. Resultantly, the plaint is rejected Court under the “concept of advancement of rem- by exercising the power under section 3 of the Lim- edy and suppression of mischief”. If the legislation itation Act. lags, equity will come to the rescue and the Law Before parting with the order, I would like to is to be developed and adopted by the Judge to record my appreciation for the valuable assistance the needs of the members of his society. Even oth- provided by learned amicus curiae, in resolving the erwise “New days may bring the people into new point of law involved in this case. ways of life and give them new outlooks and with this changes, there may come a need for new rules Order accordingly.

36 High Court of Sindh Annual Report 2002 3.3 Associated Biscuits International Limited v. English Biscuits Manufacturers (Pvt.) Ltd. (EBM) & Others (2003 CLD 815) Dates of hearing: 8th, 16th, 24th May and 16th 2002. JUDGEMENT

Shabbir Ahmed, J.: The petitioner through in manufacture of biscuits and other confectionery the present petition under section 290 of the Com- products in Pakistan. The respondent No.2 is its panies Ordinance, 1984 (the Ordinance in short) Managing Director, whereas, the respondents 3 to seeks following order complaining oppressiveness 7 are the Directors. The entire board of EBM with on the part of the majority shareholder— the exception of respondent 7 are family members (1) Declaration that the decision of the Board of the respondents 2 and 3. Since 1993, ABL has of Directors at their meeting held on 22-1-1999 per- neither representation on the Board of Directors of taining to further issue of shares to finance the EBM, nor any other managerial or executive influ- acquisition of CFL shares and all actions in pur- ence pertaining to its affairs. EBM, presently, holds suance thereof are unlawful, fraudulent and of no fifty-one percent shareholding in Coronet Foods legal effect. (Pvt.) Limited (CFL in short), a private limited (2) Suspension of the decision dated 22-12-1999 company, subsidiary of EBM, whereas, respondents of the Board of Directors of the respondent No.1 2, 3, 5, 6 and 7 collectively hold 1,135,000 shares (i.e. respondents 2–7) to further issue shares to fi- representing 49% shareholding of CFL and the re- nance the acquisition of CLF shares owned by the spondents 2 and 3 are the Managing Director and respondents Nos.2, 3, 5, 6 and 7. Director of CFL respectively. It is the case of the (3) Injunction restraining the respondents from ABL that on 30-8-1999, notice for 34th Annual acting upon the decision of the Board dated 22-12- General Meeting of EBM was issued with Direc- 1999. tor’s report ending 30-6-1999, inter alia, Agenda (4) Direction to the respondent Nos.2–7 to No.3 was in respect of the acquisition of 49% equity cease and desist their direct and indirect efforts to stake in CFL by EBM to make it wholly owned sub- browbeat and oppress the petitioner into reducing sidiary and to avoid conflict of interest. The item their shareholding by resorting to mala fide acts of of agenda No.3 reads as follows:— oppression. 2. It is necessary to refer briefly to, the relevant part of the proceedings and the history of formation 3. ACQUISITION OF 49.0% EQ- and composition of respondent English Biscuits UITY STAKE IN CFL (EBML’S SUB- SIDIARY). Manufacturing (Pvt.) Ltd. (EBM in short), before examining the allegations of oppression made by The Board of Directors in its meeting held the petitioner against the majority. on 30th August, 1999, has in principle, As a result of agreement between Peek Freans considered to acquire 49.0% shares from & Co. Ltd. and the House of Manji (Investment) individual shareholders of CFL at a fair Limited and M. Manji, a joint venture company value to be determined/ settled with the present shareholders based on valuation was incorporated in 1965, in the name and style of CFL’s shares being carried out by the of PEEK FREAN (PAKISTAN) LIMITED. The Auditors of CFL M/s. A.F. Ferguson & sponsor Peek Frean & Company-UK. (PF) had Co., Chartered Accountants (Price Wa- an equity of 25.25% and local sponsors 74.75% in ter House Coopers) and M/s. Sidat Hyder the Company. A year later i.e. 1966, the name of Marshed Associates (Pvt.) Ltd. (Arthur the company was changed from PEEK FREAN Andersen) on behalf of the proposed buyer (PAKISTAN) LIMITED to its present name i.e. (EBML). The move to make CFL a wholly ENGLISH BISCUIT MANUFACTURERS (PRI- owned subsidiary of EBML is to achieve the objectives of treating, manufacturing VATE) (EBM). Similarly, the name of ’ Peek Frean and marketing synergies through horizon- & Company-UK was changed to Associated Bis- tal integration of the two companies. The cuits International Limited-UK i.e. the petitioner proposed acquisition of 49.0% shares in (ABIL in short). The EBM is primarily engaged CFL is intended to be funded through a

High Court of Sindh Annual Report 2002: 37 raise in paid-up capital of EBML. The fi- their entitlement, and they were required to sig- nal decision in this regard will be made in nify their acceptance of the offer or part thereof due course. with payment by 26-1-2000 in the account of EBM with the designated bank failing which the offer or The above item/agenda was placed in Annual the balance thereof shall be deemed to have been General Meeting held on 8-10-1999. Mr. Zahid F. declined and the Board shall be entitled to dispose Ibrahim, representing the ABL on proxy, conveyed of the same in such manner as it thinks most ben- ABL point of view on acquisition of the additional eficial to the company. 49% shares in CFL by EBM in following terms:– The purpose/object for further issue of right We agree in principle with this plan inso- share was disclosed in Part II of Statement under far, as ‘it would put to an end the “Con- section 86(3) of the Ordinance:– flict of Interest” situation. It is imperative that the valuation be made on a trans- (17) Proportion of new issue to exist- parent basis taking into account recurring ing shares with any condition applicable profit and relationship between EBM and thereto. CFL. Therefore, we request for the details Two ordinary shares of Rs.10 each for of term of reference given to A.F. Ferguson each issued/paid-up share at a Premium of & Co. and Seedat Hyder Murshed Asso- Rs.10 per share. The offer shall be deemed ciates (Pvt.) Ltd. We would also request to be declined if not subscribed by 26-1- for the clarification as to final valuation 2000. based on two valuation of different Audi- (18) Pursuant of the present issue spec- tors. ifying the main projects/ objects for which additional funds required. To ac- On 2-11-1999, ABM addressed letter to the quire 2,450,000 ordinary shares of Rs.10 respondents, on receipt of the certified copy of min- each (49.0%) at a fair value/price of Rs.20 utes of the 34th Annual General Meeting held on per share from individual shareholders 18-10-1999, maintaining that there has been no re- of M/s. Coronet Foods (Private) Limited sponse to their request for (i) copy of detailed terms which is presently owned by EBML to the of reference provided to M/s. A.F. Ferguson & Co. extent of 51%. The acquisition shall cost and M/s. Sidate Hyder Morshed Associates, the around Rs.49.0 m which shall be financed nominated auditors and also (ii) the clarification as to the extent of Rs.40.40m through issue of capital and the balance shall be financed to final valuation based on the reports of two dif- through encashment of short term invest- ferent auditors pertaining to the valuation of CFL ment. shares. EBM through its letter dated 11-11-1999; in acknowledgement of the ABM letter forwarded the ABM became aware of the purported 22-12- terms of reference provided to the Auditors /Valu- 1999 decision of the Board when, they received ators, regarding clarification on final value of CFL letter dated 14-1-2000 on 16-1-2000. Significantly shares, it was stated that both of them have so the valuation report of the auditors were not pro- far not submitted their reports. As and when their vided to the ABL until 18-1-2000. The decision reports are submitted, the final value shall be de- of the Board of Directors of EBM to purchase termined after due consideration and approval of CFL shares at 100% premium by issuing further the Board. It is the case of the ABM that the shares smacks of undue personal enrichment and respondents 2 to 7 in complete disregard of their oppression of minority shareholders. The valuation obligations under the law and without any intima- of CFL shares have been manoeuvred to the undue tion to them who are majority shareholders of EBL personal advantage of the respondents 2 to 7 which proceeded to arbitrarily decide the matter of val- have been artificially inflated to a ridiculous 100% uation of the shares in the meeting of the Board premium value through a non-transparent process of Directors held on 22-12-1999. It is the case of where the sellers have manoeuvred the price at the ABM that on 16-1-2000, they received notice which EBM (of which the ABM holds 40% share) dated 14-1-2000 pursuant to the Article 7 of the is being compelled to purchase CFL shares which Company in respect of further issue of 2,020,000 has. been done for no reason other than to per- shares of Rs.10 each and ABL was offered 808,000 sonally benefit the respondents 2 to 7. It was also shares from the aforesaid Right Issue, according to their case that valuation report of auditor M/s.

38 High Court of Sindh Annual Report 2002 Ferguson dated 6-12-1999 clearly specifies that the body meeting of their shareholders as provided un- valuation report is based on the forecast and actual der section 92(3) of Companies Ordinance, 1984; result could differ from the forecast since antici- (d) order dated 26-1-2000 will remain in force pated events frequently do not occur as expected till compliance of the above directions. and variations may be material. It was also pleaded 5. The respondents impugned the order in High that forecast has been prepared by respondents 2 Court Appeal No. 163 of 2000 which was disposed and 3. Thus the valuation reports have no credi- of by consent by order dated 5-10-2001, whereby ble value is based on information manoeuvred by following part of para.9 of the impugned order was respondents 2 to 7, who are directly interested in deleted:– the purchase of CFL shares by compelling the purchase CFL shares at an inflated value of Rs.20, the ’but they have to invoke the provisions respondents 2 to 7 are determined to cause loss to of section 92(3) ibid for its final ap- the respondent 1 and to cause personal benefit to proval.’ the respondents 2 to 7 and grave prejudice to the The deletion of the above phrase, from the or- interests of the ABL. Therefore, the efforts of the der, necessitated as the dispute apparently pertains respondents 2 to 7 to improperly acquire the shares to the increase in the paid-up capital covered under of CFL at ridiculously inflated value are mala fide, section 86 of the Ordinance. oppressive and fraudulent. 6. On 4-12-2001, C.M.A. No.3518 of 2001 was 3. Alongwith petition, C.M.A. No.126 of 2000 filed by ABL against the respondents 2 to 7 com- under section 292 of the Companies Ordinance read plaining disobedience and breach of order dated with Order 39, rules I and 2, C.P.C. was also filed 15-3-2000 with further request for suspension of for suspension of the decision of the Board of Di- all the actions illegally taken by the respondents rectors dated 22-12-1999 to issue shares to finance as, stated in their letter dated 22-10-2001, with the acquisition of CFL shares owned by the re- direction to the parties to maintain status quo, spondents 2, 3, 5, 6 and 7 and to restrain the supported by affidavit of Farrukh M. Junaidy, at- respondents from acting thereupon in any manner torney of ABL. Number of documents covering the whatsoever. correspondence exchanged between the ABL, their 4. On 26-1-2000, the parties were directed counsel, auditors, EBM and their counsel were also to maintain the status quo. After hearing the placed on record. parties counsel, perusal of the petition, counter- The application referred to above has been re- affidavit, affidavit-in-rejoinder, the application re- sisted /opposed by filing counter-affidavit, with de- ferred to above was disposed of with the following nial of the allegation of disobedience /breach, with directions:– the plea that after compliance of clauses (A) and (a) That the respondents are to supply to the (B) there was no prohibitory order in the field as petitioner the entire material/record including the the order dated 26-1-2000 was to remain in force copies of reports of Iqbal Nanji & Company to the till compliance of the directions which were made petitioner within a period of 7 days; by the respondents on 20-9-2001, thereafter, the (b) thereafter the respondent No.1 to approach position of order dated 26-1-2000 with substituted the two auditors namely M/s. A.F. Ferguson & Co., dated 5-10-2001 (disposal of the HCA), the peti- Chartered Accountant and Sidat Hyder Murshed tioner failed to signify their acceptance to purchase Associates (Pvt.) Ltd. for once again carry out the the right shares, on their failure, their shares were exercise to determine the value of shares of CFL issued to other shareholders in accordance with sec- by associating all parties including the petitioner tion 86(7) of the Ordinance. Numerous documents after due notice and submit report to the company were also placed alongwith the counter-affidavit, within a reasonable time the auditors will be at rejoinder was also filed. liberty to call for any other material or document/ It is also to be noted that though the respon- report/ evidence for reaching the right conclusion. dents have contested the interlocutory applications The petitioners to bear the cost of the auditors for but have not filed any counter-affidavit in opposi- the exercise to be carried out by them hereinabove; tion of the main petition. (c) the respondent-company if wishes to in- 7. In intent to dispose of main petition and the crease share capital is directed to call the general C.M.A. No.3518 of 2001 by common order as the

High Court of Sindh Annual Report 2002: 39 petition and application have been argued by coun- the purchase of the shares of any mem- sel of both parties together. bers of the company by other mem- 8. Before I deal with the respective contentions bers of the company or, by the com- raised, it will be necessary to keep in view the scope pany and, in the case of purchase by of the jurisdiction of the Company Judge, under the the company, for, the reduction ac- provisions of section 290 and section 291 of the Or- cordingly of the company’s capital, or dinance. The relevant provisions of the Companies otherwise. Ordinance, 1984 are found in Part x dealing with (3) Where an order under this section Prevention of Oppression and Mismanagement. In makes any alteration in, or addition to, the instant proceeding, I will be concerned with the a company’s memorandum or articles, sections 290 and 291 of the Ordinance, which read then, notwithstanding anything in any as follows:— other provision of this Ordinance, the company shall not have power with- “290. Application to Court.—(1) If out the leave of the Court to make any any member or members holding not further alteration in or addition to the less than twenty percent of the issued memorandum or articles inconsistent share capital of a company, or a credi- with the provisions of the order; and tor or creditors having interest equiva- the alterations or additions made by lent in amount to not less than twenty the order shall be of the same effect as per cent. of the paid-up capital of the if duly made by resolution of the com- company, complains or complain, or pany and the provisions of this Ordi- the Registrar is of the opinion, that the nance shall apply to the memorandum affairs of the company are being con- or articles as so modified accordingly. ducted, or are likely to be conducted, (4) A copy of any order under this in an unlawful or fraudulent manner, section altering or adding to, or giv- or in a manner not provided for in ing leave to alter or add to, a com- its memorandum, or in a manner op- pany’s memorandum or articles, shall pressive to the member or any of the within fourteen days after’ the making members or the creditors or any of the thereof, be delivered by the company creditors or are being conducted in a to the Registrar for registration and if manner prejudicial to the public inter- the company makes default in comply- est, such member or members or, the ing with this subsection, the company creditor or creditors, as the case may and every officer of the company who be, the Registrar may make an appli- is knowingly and wilfully in default cation to the Court by petition for an shall be liable to fine which may ex- order under this section. tend to five thousand rupees and to a (2) If, on any such petition, the Court further fine not exceeding one hundred is of opinion– rupees for every day after the first during which the default continues. (a) that the company’s affairs are be- (5) The provisions of this section shall ing conducted, or are likely to be con- not prejudice the right of any person ducted, as aforesaid; and to any other remedy or action. (b) that to wind-up the company 291. Powers of Court under section would unfairly prejudice the members 290.—Without prejudice to the gener- or creditors; ality of the powers of the Court under the Court may, with a view to bring- section 290, an order under that sec- ing to an end the matters complained tion may provide for– of, make such order as it thinks fit, (a) the termination, setting aside or whether for regulating the conduct of modification of any agreement, howso- the company’s affairs in future, or for ever, arrived at between the company

40 High Court of Sindh Annual Report 2002 and any director, including the chief (a) the termination, setting aside or modifica- executive, managing agent or other of- tion of any agreement, howsoever arrived at be- ficer, upon such terms and conditions tween the company and any director including the as may, in the opinion of the Court be Chief Executive, Managing agent or other officer, just and equitable in all the circum- upon such terms and conditions as may, in the opin- stances; ion of the Court, be just and equitable in all the circumstances; (b) setting aside of any transfer, delivery of goods, payment execution (b) setting aside of any transfer, delivery of or other transactions not relating to goods payment, execution or other transaction not property made or done by or against relating to property made or done by or against the company within three months be- the company within three months before the date fore the date of the application which of application which would, if made or done by or would if made or done by or against an against an individual, be deemed in his insolvency individual, be deemed in his insolvency to be a fraudulent preference; and to be a fraudulent preference; and (c) any other matter including a change in the management for which in the opinion of the Court (c) any other matter, including a it is Just and equitable that provision should be change in management, for which in made. the opinion of the Court it is just 8. The remedy provided by section 290 is of and equitable that provision should be apreventivenaturesoastobringtoanendto made.” oppression and mismanagement on the part of controlling shareholders and not to allow its continu- The perusal of the section 290 reproduced ance to the detriment of the aggrieved shareholders above shows that the power /jurisdiction of the or the company. The remedy is not intended to en- Company Court can be invoked by— able the aggrieved shareholders to set at naught (1) any member or members holding not less what has already been done by the controlling than twenty per cent. of the issued share capital; shareholders in the management of the company. or The section does not confer any power on the Court (2) a creditor or creditors having interest equiv- to set aside or interfere with past or concludes alent in amount to not less than twenty per cent. transactions between a company and third parties of the paid-up capital; or which are no longer continuing wrongs. The provi- (3) The Registrar when he is of the opinion, sions are essentially intended to control and prevent that the ground mentioned the section exists for oppression of the rights of the minority sharehold- seeking interference of the Court. ers and mismanagement by the majority, actually The causes which are to form basis of a petition alternative to winding-up proceedings. under section 290 are:— In order to invoke the jurisdiction of the com- (a) That the affairs of the company are or are pany Judge under section 290 it must be made out likely to be conducted in an unlawful or fraudulent that the company’s affairs are being conducted in a manner; manner prejudicial to public interest or oppressive (b) that the affairs of the company are being to any member or members of the company and the conducted in a manner not provided for in its mem- facts justify the making of a winding-up order, but orandum; at the same time, making such winding-up order (c) that the affairs of the company are being would unfairly prejudice such member or members. conducted in a manner oppressive to the member The provisions are essentially intended against the or any of the members or the creditors or creditors; tyranny of the majority against the minority share- (d) that the affairs of the company are being holders. conducted in a manner prejudicial to the public in- The power of the Court under these provisions terest. cannot be read as subject to the provisions con- It may also be noticed that in addition to gen- tained in other chapters which deal with normal eral power of the Court under section 290, an order corporate management of the company. An analy- under that section may invoke for— sis of the sections contained in Chapter X of the

High Court of Sindh Annual Report 2002: 41 Ordinance would also indicate that the powers of for no reason other than to personally benefit the the Court under section 290 or 291 cannot be read respondents 2 to 7. He also pointed out that val- as being subject to the other provisions contained uation report of Messrs Ferguson dated 6-12-1999 in sections dealing with corporate management of clearly specifies that the valuation report is based the company in normal circumstances with excep- on the forecast and actual result could differ from tion to application of the provisions of the sections the forecast since anticipated events frequently do 410 to 417 of the Ordinance. The topic or subjects not occur as expected and variations may be mate- dealt by Chapter X are such that it .becomes im- rial. Therefore, his contention was that such report possible to read any such restriction or limitation have no credible value based on information ma- on the powers of the Court: Without prejudice to noeuvred by respondents 2 to 7, who are directly the generality of the powers conferred on the Court interested in the purchase of CFL shares by com- under section 290, section 291 proceeds to indi- pelling the EBM to purchase CFL shares at an cate what types of orders the Court could pass. inflated value of Rs. 20, thus loss to EBM and to Under clause (c) of the section 291, the Court’s or- cause personal benefit to the respondents 2 to 7 der may provide for any other matter for which, and prejudicial interest of the petitioners. His con- in the opinion of the Court it is just and equitable tention was that efforts of the respondents 2 to 7 that provision should be made. The only limita- to improperly acquire the shares of CFL at ridicu- tion can be impliedly read on ’the exercise of the lously inflated value are mala fide, oppressive. His power would be that nexus must exist between the further contention was that the respondents 2 to order that may be passed thereunder and the ob- 7 have duel position, i.e. purchaser and seller and ject sought to be achieved by those sections and the petitioner is being made to pay for the benefit beyond this limitation, which arises by necessary being made by the respondents 2 to 7 as the pur- implication, it is difficult to read any other restric- chase is being financed by further issue of shares tion or limitation on the exercise of Court’s power. of EBM, which is oppressive if the petitioner, does Further section intended to avoid winding up of not subscribe to further issue of shares to finance the company, if possible, and keep it going while at profit being illegally made by respondents 2 to 7, the same time relieving the minority shareholders the petitioner’s shareholding would be diluted from from the acts of oppression and mismanagement 40% to 13%. or preventing its affairs from being conducted in a manner prejudicial to public interest and, with such His further contention was that it is the latest objective the Court has power to interfere with the act in the series of mala fide manoeuvre and acts normal corporate management of the company. of oppression of respondents 2 to 7 aimed at either 9. After dilating on the scope of sections 290 ousting the petitioner from the EBM or diluting its and 291 with reference to the pre-conditions for shareholding. He referred the J.M. No-11 of 1999 the exercise of jurisdiction and limitation on exer- filed by the petitioner against, the respondents 2 to cise of such jurisdiction, I now venture to address 7, with regard to forcible acquisition of petitioner’s the contentions raised: shares and referred, particularly, sub-para. V of 10. Mr. Zahid F. Ebrahim, learned counsel for para. 3, containing the resolution dated 26-12-1998 the petitioner contention was that the respondents of 33rd Annual General Meeting whereby Board 2 to 7. controller of the affairs of the EBM, have was authorized (a) to direct ABIL/DANONE to taken a decision in board meeting dated 22-12- end the grave, wrongful and unlawful ’Conflict of 1999 to purchase CFL share at 100% premium by Interest’ situation by disinvesting its shareholding issuing further shares smacks of undue personal in and sever its relations with CBL and (b) stop enrichment and oppression of minority sharehold- providing support, technical assistance and know ers. The valuation of CFL shares have been ma- how, and (2) should DANONE (40% shareholders noeuvred to the undue personal advantage of the in EBM through ABIL) decline or fail to comply respondents 2 to 7 which have been artificially in- with resolutions (a) and (b) above within sixty days flated to a ridiculous 100% premium value through hereof, it shall be deemed that oppression, miscon- a non-transparent process where the sellers have duct and breach of fiduciary obligations and ABIL manoeuvred the price at which EBM is being com- is liable to forfeit its right to continue as member in’ pelled to purchase CFL shares which has been done EBM and the Board is authorized in such event of

42 High Court of Sindh Annual Report 2002 non-compliance of Resolutions (a) and (b) to trans- Single Bench judgment of Lahore High Court in fer 40% shares held by ABIL to other shareholders Shahbazud Din Chaudhry and 27 others v. Messrs on prorata basis at fair value in Pound Sterling to Service Industries Textiles Limited (PLD 1988 La- be determined and certified by the Auditors. His hore 1), (a case pertaining to a public limited com- further contention was that the Court has taken pany), on Court’s power to interfere in the work- notice of J.M. No.11 of 1999 in order dated 15-3- ing of internal management, wherein three princi- 2000 in the following terms:— ples of company law, approved by Indian Supreme Court in Shanti Prasad Jain v. Kalinga Tubes Ltd. The petitioners filed affidavit-in- (AIR 1965 SC 1535) were adopted. These principles rejoinder wherein they have reiterated are:— the contentions and grounds raised in the petition and the affidavit. In ad- (a) Unless misconduct complained has dition they have also placed a copy produced insolvency, an order for of J.M. No. 11 of 1999 pending be- winding-up under just and equitable’ tween the same parties under section clause would not be made; 290 of the Companies Ordinance. In (b) that the Courts will not intervene the said petition the resolution dated at the instance of shareholders in mat- 26-12-1998 passed by the company ters of internal management of the whereby the shares owned by the company by directors so long as they petitioners have been decided to be are acting within the powers conferred transferred to other shareholders had on them by the articles of the com- been challenged; the Court granted in- pany. terim injunction on 15-3-1999 against the respondents: the petition and the (c) that if there is lack of confidence application are pending for final adju- that would be the ground for an order dication. for winding-up but that lack of confidence must arise not because the ag- He pointed out that the above petition on the grieved party is in minority but must basis of statement made on behalf of the respon- arise from the lack of probity in the dents was disposed of as they have withdrawn the conduct of the affairs of the company. resolution for the forcibly acquisition of the petitioner’s shares. Mr. Shaiq Usmani also referred the restrictive 11. Conversely, Mr. Shaiq Usmani, represent- interpretation to section 210 of English Company ing the respondents’ contention was that in the Act by the Court of appeals in re; Jermyn Street Annual General Meeting held on 18-10-1999 the Turkish Baths Ltd. ((1971) 3 All. 184), reproduced petitioner’s representative agreed for the resolu- by the learned Single Judge in para 27 at page 29 tion of the conflict of interest through purchasing of the report as follows:— 49% shares of CFL. The method of financing the purchase of shares was clearly mentioned in the The affairs of a company could only Director’s report presented at the annual general be said to have been conducted in meeting by raising capital by issuing fresh shares a manner oppressive to some part of which was adopted in the annual general meeting. the members of the company where The objection as to the valuation report based on shareholders having a dominant power forecasts provided by the respondents, his plea was in the company, either exercised that that the same was provided to the petitioner on power to procure that something was 18-1-2000 and subsequently Board through its res- or was not done in the conduct of the olution dated 22-12-1999 approved the issuance of company’saffairsorprocuredbyan fresh shares under section 86 of the Ordinance at express on implied threats of an ex- the premium of Rs.10 per share. His further con- ercise of that power that something tention was that issuance of fresh shares was in was not done in the conduct of the terms of section 86 of the Ordinance. Mr Shaiq Us- company’saffairstoamounttoop- mani, learned counsel for the respondents referred pression such conduct must be unfair

High Court of Sindh Annual Report 2002: 43 or burdensome, harsh and wrongful to of section 86 of the Companies Ordinance was fully the other members of the company or complied with. some of them and lack that degree of His contention was that it is necessary for the probity which they were entitled to ex- Court to first arrive at a conclusion that the cir- pect in the conduct of the company’s cumstances brought out by the petitioners are such affairs; oppression which was unfair to that the company ought to be wound-up and it is them as the result of some overbear- only then that the Court can pass an order un- ing act or attitude on the part of the der section 290 and to support contention he has oppressor. referred the case of Rajahumundry Electric Supply Corporation Ltd. v. A. Nageshwara Rao and oth- Mr. Shaiq Usmani also referred para.29 of the ers (AIR 1956 SC 213), in the above case, inter report which is based on the view expressed by alia was pleaded that allegations in the applica- Supreme Court of India in N.I.I. Ltd. v. N.I.H. Ltd. tion were sufficient to support a winding-up order (AIR 1981 SC 1298), which reads as follows:— under 162, and that, therefore, no action could be taken under section 153-C. The Bench consist- “29. Some of the important principles ing of Bose and Venkatarama Ayyar. Judges agree which clearly emerge from the prece- with the contention that before taking action under dents analysed above are that unwise, section 153-C, the Court must, .be satisfied that inefficient or careless conduct of a di- circumstances exist on which an order for winding- rector in pursuance of his duties can- up could be made under section 162. It was further not give rise to a claim for relief un- observed that the true scope of section 153-C is der section 290, Companies Ordinance, that whereas prior to its enactment the Court had 1984. The person complaining of ’op- no option but to pass an order for winding-up when pression’ must show that he has been the conditions mentioned in section 162 were satis- constrained to submit to a conduct fied, it could now in exercise of the powers conferred which lacks in probity or to a con- by that section make an order for its management- duct which is unfair to him and which by the Court with a view to its being ultimately causes prejudice to him in the exer- salvaged. Where, therefore, the facts proved do not cise of his legal and proprietary rights make out a case for winding-up under section 162, as shareholder and not as a director no order could be passed under section 153-C. or employee of the company. It is also The sums and substance of the contention of clear that where the just and equi- Mr. Shaiq Usmani, learned counsel for the respon- table’ jurisdiction has been applied, dents was that neither the petitioner was able to the circumstances have always been establish a case of oppressiveness nor the facts such as to warrant the interference brought could be the grounds for winding-up of the that there has been at least unfair con- respondent 1, therefore, the petition has no merits. duct, abuse of powers and an impair- 12. The facts which emerge from the plead- ment of confidence in the probity with ings are that petitioner ABIL shareholding in re- which the affairs of the company were spondent 1 is 40%, whereas, 60% shares belong to being conduced as distinguished from groups of respondents 2 and 3, they can be catego- mere resentment on the part of minor- rized as ’ABIL Group’, ’K.B. Group & E.Q Group’ ity at being out-voted on some issue of i.e. three Groups. The respondent 1 is private lim- domestic policy.” ited company. 13. Dealing with the true character of the com- On the above premises, Mr. Shaiq Usmani con- pany in Scottish Cooperative Wholesale Society tended that from the facts brought, there is no Ltd. v. Meyer ((1958) 3 All ER 66) Lord Keith oppression insofar as respondents are concerned, said that the company was in substance, though all the decisions have been taken by the Board of not in law, a partnership, consisting of the soci- EBM in the interest of the company. The decision ety, Dr. Meyer and Mr. Lucas and whatever may to issue fresh shares was also known to the peti- be the other different legal consequences following tioner through the Directors’ report and provisions on one or other of these forms of combination, one

44 High Court of Sindh Annual Report 2002 result followed from the method adopted, ’which is as a partnership and to apply the same principles common to partnership, that there should be the in the winding-up of a private limited company as utmost good faith between the constituent mem- would entitle a partner to have a partnership firm bers’. Finally, it was held that the Court, ought dissolved, commonly the exclusion of the partner not to allow technical pleas to defeat the benefi- from the management of a firm, the existence of a cent provisions of section 210. The rule as regards state of deadlock between the partners or the jus- the duty of utmost good faith, on which stress was tifiable lack of confidence in the management have laid by Lord Keith in Meyer, received further and been regarded as just and, proper, grounds for dis- closer consideration in Ebrahimi v. Westbourne solving a private limited company: Galleries Ltd., (1973) AC 360 (HL) wherein Lord The above principle was followed by this Court Wilberforce considered the scope, nature and ex- in re: Kruddson Limited (PLD 1972 Karachi tent of the just and equitable’ principle as a ground 376) by late Justice Tufail Ali A. Rehman by for winding-up a company and it was held by the observing:— House. of Lords that the words just and equitable’ “That the true position was that a which occur in section 222 (f) of the English Act private limited company, in the mat- (corresponding to our section 305(h)), was not to ter of a winding-up petition, could be be construed ejusdem generis with clauses (a) to (e) treated as a partnership firm in the of section 222 (corresponding to our clauses (a) to sense only that such circumstances as (g) of section 305). Lord Wilberforce observed that would justify the dissolution of a firm the words just and equitable’ are recognition of the under section 44 of the Partnership fact that a limited company is more than a mere le- Act, 1932, on the ground that it was gal entity, with a personality in law of its own; and just and equitable to order a firm to that there is room in company law for recognition be dissolved, would also justify the of the fact that behind it, or amongst it, there are winding-up of a private company but individuals, with rights, exceptions and obligations it was neither possible nor desirable, inter se which are not necessarily submerged in the to attempt an exhaustive enumeration company structure; of the circumstances in which a Court In re; Yenidji Tobacco Company Limited, would order a winding-up under the ((1961) 2 Ch. 426), Master of Rolls Lord Cozens- just and equitable’ clause. It was fur- Hardy observed that in affirming the order he had ther held that the right to participate treated it as a partnership, although it was strictly in the management of the company not a partnership, for, according to him, precisely does not mean the right exclusively the same principles ought to reply to a case like to manage any part of the company’s this where in substance it is a partnership in the business and that the right of a share- form or guise of a private company. It was a case holder is to participate by the exercise of winding-up of private limited company and the of his voting rights in the management winding-up order of company made by a learned of the company.” Single Judge was upheld on appeal, as it was proved that the two directors of the company were not In Messrs Nagina Films Ltd. v. Usman Hussain on speaking terms, that the so-called meetings of and others (1987 CLC 2263), a Division Bench of the Board of Directors have been almost a farce or this Court comprising of Ajmal Mian anti Muham- comedy and no business which deserves the name mad Mazhar Ali, JJ., after examination of a num- of business in the affairs of the company could be ber of cases on the subject including Ladli Prasad carried on. Jaswal case, enunciated inter alia, the following- principles: The leading authority on the point in our country is of Ladli Prasad Jaiswal v. The Karnal Dis- (a) That principles of dissolution of tillery Co. Ltd. (PLD 1965 SC 221), the apex Court partnership may be applied if the ap- by adopting the principle enunciated in re: Yenidje parent structure of the company is not Tobacco Company Limited, said that ’now in case the real structure and on piercing the of private limited company the tendency of the veil it is found that is reality it is a Courts has uniformally been to treat it more or less partnership.

High Court of Sindh Annual Report 2002: 45 (b) Generally the exclusion of a part- shares in petitioner 1 against one share of CFL by ner from the management of the firm: manipulated value based on forecast provided by existing of a state of dead lock between none other than the respondents 2 and 3. the partners or justifiable lack of con- It is true that an isolated act, may not necessar- fidence in the management have been ily and by itself support the inference that the com- regarded as just and proper grounds mission/ omission was mala fide or burdensome, for dissolving a private limited com- harsh and wrongful. But a series of acts/omissions pany. following upon one another can, in the context, lead justifiable to the conclusion that they are a part The same principles were followed by Mr. Jus- of the same transaction, of which the object is to tice Mamoon Kazi in Iqbal Alam and another v. cause or commit the oppression of persons against Messrs Plasticrafters (Pvt.) Limited and 4 others, whom those acts are directed. This may usefully (1991 CLC 589). be illustrated by reference to a familiar jurisdic- The proper interpretation of the principle laid tion in which a litigant asks for the transfer of his down by the apex Court in Ladli Prasad Jaiswal case from one Judge to another. An isolated order (supra) and followed in subsequent cases is that in passed by a Judge which is contrary to law will not case of winding-up, a private limited company may normally support the inference that he is biased be treated as a partnership firm to the extent as but a series of wrong or illegal orders to the preju- would justify the dissolution of a partnership firm dice of a party are generally accepted as supporting under section 44 of the Partnership Act and the the inference of a reasonable apprehension that the following grounds, which are available to a partner Judge is biased and that the party complaining of for having a partnership firm dissolved, are also the orders will not get justice at his hands. available to a shareholder for the winding-up a pri- The question sometimes arises as to whether an vate limited company under the just and equitable’ action in consonance with law is per se oppressive, clause:— as was done by W.H. Bhagwati, J. in S.M. Ganpa- tram v. Sayaji Jubilee Cotton and Jute Mills Co. (1) exclusion of a partner from the (AIR 1965 Gujarat 96) that ’a resolution passed management of a firm; by the directors may be perfectly legal and yet op- (2) the existence of a state of deadlock pressive, and conversely a resolution which is in between the partners; and contravention of the law may be in the interests of (3) justifiable lack of confidence in the the shareholders and the company’. On this ques- management. tion, Lord President Cooper observed in Elder v. Elder (1952) SC 49: In the instant case, the respondent-company is The decisions indicate that conduct which is a private limited company of three groups, peti- technically legal and correct may nevertheless be tioner’s ABIL Group, respondent’s K.B. Group and such as to justify the application of the just and E.Q Group’, therefore, any attempt on the part of equitable’ jurisdiction, and, conversely, that con- respondents to oust petitioner from the company duct involving illegality and contravention of the and/or dilute their shareholding is bound to re- Act may not suffice to warrant the remedy of sult into bitterness and justifiable lack of confidence winding-up, especially where alternative remedies in the management. As a consequence thereof, the are available. Where the just and equitable juris- above principles would apply as are applicable for diction has been applied in cases of this type, the the dissolution of a partnership firm. circumstances have always, I think, been such as to 13. The petitioner’s case is that the decision of warrant the inference that there has been, at least, the Board of Directors held on 22-12-1999, whereby an unfair abuse of powers and an impairment of the Board has taken a decision to purchase the confidence in the probity with which the company’s shares of CFL on 100% premium through right is- affairs are being conducted, as distinguished from sue is oppressive and against the interest of not mere resentment on the part of a minority at being only the petitioner but also against the respondent outvoted on some issue of domestic policy. 1 as well as the respondents are purchasing their In Needle Industries (India) Ltd. and others own shares at 100% premium and is getting two v. Needle Industries Newey (India) Holdings Ltd.

46 High Court of Sindh Annual Report 2002 and others (AIR 198 (sic) SC 1298), Y.V. Chan- 26-1-2000, was to remain effective till the com- drachud, C.J., on behalf of the Bench after review- pliance of the directions contained in order dated ing the various decisions said that where the party 15-3-2000. The respondents complied with the di- complaining oppression has failed to make out a rections on 20-9-2000 and on that day, the order case of oppression, the Court is not powerless to do dated 26-1-2000 come to an end. Mr. Shaiq Us- substantial justice between the parties and placed mani further contended that directions in terms them, as nearly as it may in the same position in of paras. (a) and (b) were complied with by the which they would have been if the crucial meeting respondents whereunder they again supplied the were not held in accordance with the law. entire material including the surveyor Iqbal Nanji In the instant case, as noted above, the decision & Co. to the petitioners within the stipulated time to purchase the shares of CFL at 100% premium and also instructed the Chartered Accountants to is not an isolated act, earlier to this, through 33rd evaluate CFL shares as per Court orders. The pe- Annual General Meeting, the respondents tried to titioners themselves failed to settle the matter of forcibly acquire the petitioners shares on the plea fees and remain engaged in the correspondence of conflict of interest without recourse to the pro- with the auditors. The petitioners, have to blame visions of section 290. Such act on the part of the themselves. After compliance, the position as of 16- respondents lack that degree of probity, which the 1-2000 was restored. The respondents were within petitioners were entitled to expect in the conduct their right to purchase the shares of the petitioners of the company’s affairs. as they failed to exercise their option to purchase the shares. I am conscious of the limitation that the per- 15. It is contended by the petitioners’ coun- son complaining of oppression is to show that he sel that despite clear direction of the Court by has been constrained to submit to a conduct which order dated 15-3-2000 to the respondents to sup- lacks in probity, conduct which is unfair to him ply to the petitioner entire material record and and which causes to him in the exercise of his le- then carry out revaluation, the respondents 2 to gal and proprietary rights as shareholder. In my 7 connived with the auditors and suppressed the view, an attempt on the part of respondents to pur- material/ documents and failed to carryout reval- chase petitioners’ shares without recourse to the uation as directed by order dated 15-3-2000. The provisions of section 290 by resolution dated 26- respondents went ahead and purchased the shares 12-1998, followed by the purchase of CFL shares of CFL of face value of Rs.10 at Rs.20 and financed at 100% premium on valuation based on the fore- the sale by issuing further shares to which no of- cast provided by the respondents are sufficient to fer was made to the petitioner after the co-called demonstrate that the conduct of the respondents revaluation. It was also contended that the sup- as directors is with purpose to oust the petitioners pression of material documents with connivance of or dilute their share, lack that degree of probity, auditors is proved by a cursory examination of let- which the petitioner is entitled to expect in the ters dated 21-6-2000 (Annexure E-5, page 671 and conduct of the affairs of the company, more par- Annexure E-14, draft of the letter dated 21-6-2000 ticularly, when the respondents have duel position, page 809). Annexure E-5 is letter dated 21-6-2000 seller and purchaser, to achieve transparency, the addressed to the petitioners’ counsel by A.F. Fer- process of valuation ought to have been done un- guson & Co., copy to the respondent 1, in response der the supervision of an independent body/source. to letter dated 30-5-2000, whereby the documents/ Once it is demonstrated that the affairs of the com- informationwereprovidedtothepetitionersincon- pany are being conducted in manner oppressive to nection with the valuation of shares of CFL. It members (petitioner), a justification for a winding- contains three documents:— up order on the ground of lack of confidence in the management, such winding-up order would unnec- essarily prejudice the members. (1) Audited financial statements for 14. This takes me to the C.M.A. No.3518 of the years ended June 30, 1996 to June, 2001, the contempt application. 1999. The main plea, against the contempt applica- (2) Projected balance sheet, profit and tion taken by the respondents was that order dated loss account and cash flow statement

High Court of Sindh Annual Report 2002: 47 for the years ending June 30, 2000 to all information /materials were not conveyed to the June 30, 2009. petitioners in terms of order dated 15-3-2000. Sec- (3) Valuation report of Iqbal Nanjee & ondly, the notice dated 14-1-2000 issued to the pe- Co. titioner pursuant to the Article 7 of the Company for conveying their acceptance had already expired The letter dated 20-6-2000 has been pro- and no fresh offer was given to the petitioners for duced by the petitioner through, affidavit in sup- purchase of the right share. Therefore, I have no port of the contempt application. The draft let- hasitation to, conclude that the respondents pur- ter dated 20-6-2000 has been filed by the respon- chased the shares of CFL without compliance of dents through counter-affidavit (Annexure E-14) the directions contained in order dated 15-3-2000 whereby the auditors had proposed to point out and also purchased the right shares without no- the basis of valuation on following information:— tice to the petitioner with intention to dilute the petitioners holding in the company. Therefore, the (1) Audited financial statements for respondents. 2 to 7 have disobeyed the order, thus the years ended June 30, 1996 to June liable for the contempt. 30, 1999. Therefore, the application (C.M.A. No.3518 of 2001) and the petition are disposed of in the fol- (2) Projected balance sheet, profit and lowing terms:— loss account and cash flow statement for the years ending June 30, 2000 1. (a) The respondents are directed to June 30, 2009 as prepared by the to restore ante 15-3-2000 position by management of CFL. The reasonable- reversing the process of acquisition ness of these projections were ensured of CFL shares and issuance of rights through review of the books and ac- shares of EBM forthwith. counts of CFL for prior years. (b) The respondents 2 to 7 have ren- (3) Following agreements between dered themselves liable for attachment Coronet Foods (Pvt.) Limited and of their properties, however, the end of English Biscuit Manufacturers (Pvt.) justice would be met if they are fined Limited (EBM): in the sum of Rs.10,000 each, same is (a) Marketing and management agree- imposed. The amount of fine be de- ment. posited within a week with Nazir of this Court, failing which their prop- (b) Licensing of ‘Brands’ agreement. erty (shareholdings in EBM) stand at- (c) Agreement for use of ’Pied Piper’ tached. trade mark on CFL products. 2. (a) The decision of Board of Di- (4) Valuation report of Iqbal A. Nan- rectors dated 22-1-1999 with regard to jee & Co. further issue of shares to finance the acquisition CFL shares and all actions The agreements detailed at S. No.3 above; be- in pursuance thereof are declared ille- tween the Coronet Foods (Pvt.) Limited and En- gal and of no legal effect. glish Biscuit Manufacturers (Pvt.) Limited (EBM) (b) The valuation of CLF shares be pertaining to (a) marketing and management, (b) done a fresh through independent val- licensing of Brands and (c) agreements for use of uator/ auditor to be engaged at the ’Peid Piper’ trade mark on CFL products were expenses of EBM. withheld from the petitioner. The handwritten note is available on Annexure E 14 its contents (c) On the basis of valuation fixed by are ’this should not be mentioned and deleted has auditor, the shares of CFL be pur- also suggested by SIDAT HYDER’ with initial of chased from the finance by issuance of Iqbal Ali Muhammad to whom the draft appears right shares. to have been sent for approval before sending it to (d) The petitioner be offered to pur- the petitioner. This is sufficient to establish that chase right share in terms of section

48 High Court of Sindh Annual Report 2002 86, if declined or not subscribed, I then said process, are provided to auditors be sold to other shareholders. by the respondents. 3. The Oﬃcial Assignee is appointed Commissioner for implementation of The petition with listed application is disposed above order with power to appoint in- of in above terms, the parties are left to bear their dependent auditor and to ensure that own costs. all the materials, records, reports and assistance required by auditor, in the Order accordingly.

High Court of Sindh Annual Report 2002: 49 THIS PAGE BLANK

50 High Court of Sindh Annual Report 2002 JUDICIAL ACTIVITY 2002

High Court of Sindh Annual Report 2002: 51 THIS PAGE BLANK

52 High Court of Sindh Annual Report 2002 THE HIGH COURT OF SINDH (JUDICIAL ACTIVITY)

High Court of Sindh Annual Report 2002: 53 THIS PAGE BLANK

54 High Court of Sindh Annual Report 2002 4 THE HIGH COURT OF SINDH: JUDICIAL ACTIVITY DURING 2002

4.1 Consolidated Statistics for the High Court of Sindh 4.1.1 Consolidated Statement for the High Court of Sindh from 1996 to 2002 showing Institution, Disposal and Pending Balance of Cases

Pendency at Institution Disposal Transferred Pending Beginning During During During Balance at Years of Year the Year Total the Year the Year End of Year 1996 63912 42718 106630 35218 3348 68064 1997 68064 42771 110835 32199 1435 77201 1998 77201 50682 127883 48394 369 79180 1999 79180 42983 122163 49643 523 71997 2000 71997 58876 130873 52226 250 78397 2001 78397 69984 148381 56737 2226 89412 2002 89412 54476 143888 49915 6469 87504

Institution 100000 Disposal 90000 Pending

80000

70000

60000

50000

40000

Number of30000 Cases

20000

10000

0 1996 1997 1998 1999 2000 2001 2002

Years Consolidated Statement for the High Court of Sindh (1996–2002)

High Court of Sindh Annual Report 2002: 55 4.1.2 Consolidated Statements showing the institution, disposal and balance before High Court of Sindh, Principal Seat at Karachi, its Bench at Sukkur and Circuit Courts at Hyderabad and Larkana from 01-01-2002 to 31-12-2002

Institution Disposal Pendency on 01.01.2002 01.01.2002 Balance on High Court of Sindh 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 Principal Seat at Karachi 75752 34867 110619 35462 75157 Circuit Bench at Sukkur 3992 7237 11265 7143 4122 Circuit Court at Hyderabad 9006 7085 16091 8793 7298 Circuit Court at Larkana 669 5251 5920 4986 934 Total 89419 54476 143895 56384 87511

Institution 100000 Disposal 90000 Pending

80000

70000

60000

50000

40000

Number of30000 Cases

20000

10000

0 Sukkur Larkana Hyderabad at Karachi Circuit Court Circuit Court Circuit Bench Principal Seat Principal Seat, Circuit Bench and Circuit Courts

56 High Court of Sindh Annual Report 2002 4.2 Statistics for the High Court of Sindh Principal Seat at Karachi 4.2.1 Year-wise Pendency of Cases for the High Court of Sindh Principal Seat at Karachi as on 31-12-2002

Pendency at Institution Disposal Trans. Pendency at at the end of During the Number of During During the end of Years Previous Year Years Total Judges the Year the Year the Year 1985 17154 21130 38284 18 19297 150 18837 1986 18837 24156 42993 16 25397 224 17372 1987 17372 25851 43223 16 24679 136 18408 1988 18408 26920 45328 21 21615 144 23569 1989 23569 28664 52233 19 23930 61 28242 1990 28242 28003 56245 19 25872 98 30275 1991 30275 29526 59801 17 27854 68 31879 1992 31879 30273 62152 21 27714 94 34344 1993 34344 33764 68108 21 27892 108 40108 1994 40108 28396 68504 19 24617 637 43250 1995 43250 27269 70519 25 19288 28 51203 1996 51203 29994 81197 13 24204 2914 54079 1997 54079 32460 86539 19 24105 625 61809 1998 61809 33550 95359 18 29252 96 66011 1999 66011 23364 89375 22 30601 82 58692 2000 58692 35206 93898 25 30313 153 63432 2001 63432 47799 111231 21 33491 1988 75752 2002 75752 34867 110619 27 29843 5619 75157

100000

90000 Institution Disposal 80000 Pending 70000

60000

50000

40000

Number of30000 Cases

20000

10000

0 1985 1986 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2001 2002 1987 2000

Years THE HIGH COURT OF SINDH PRINCIPAL SEAT AT KARACHI

High Court of Sindh Annual Report 2002: 57 4.2.2 Category-wise Institution, Disposal and Balance of Pending Cases for the Prin- cipal Seat at Karachi as on 31-12-2002

Institution Disposal Pendency on 01.01.2002 01.01.2002 Balance on Category of Cases 01.01.2002 to 31.12.2002 Total to 31.12.2002 Tr. 31.12.2002 CRIMINAL APPELLATE JURISDICTIONS CONFIRMATION CASES 917265021 CRIMINAL APPEALS 279 417 696 378 0 318 CRIMINAL REFERENCES 011001 CRIMINAL REVISIONS 82 212 294 211 0 83 CR.ORIGINAL CASES 61 2 63 1 0 62 CR.TR.APPLICATIONS 41 33 74 52 0 22 CR.BAIL.APPLICATIONS 341 1680 2021 1513 0 508 CR.MISC APPLICATIONS 91 402 493 395 0 98 CR. ACCOUNTABILITY APPEALS 72 74 146 7 0 139 CR. Spl. A.T.A. APPEALS 172 85 257 76 0 181 INT. MISC. APPLICATIONS 1206 3246 4452 2949 0 1503 CIVIL APPELLATE JURISDICTIONS 1ST. CIVIL APPEALS 415 111 526 89 0 437 ADMIRALTY APPEALS 415302 1ST RENT APPEALS 103 17 120 26 0 94 2ND APPEALS 301 1 302 7 0 295 CIVIL REVISIONS 186 252 438 262 0 176 HIGH COURT APPEALS 81 309 390 258 0 132 CIVIL MISC :APPEALS 37 53 90 39 0 51 CIVIL TR:APPLICATIONS 29 50 79 25 0 54 CUSTOM APPEALS 343 35 378 5 0 373 SPL:CUSTOM APPEALS 0 225 225 83 0 142 ELECTION APPEALS 0 204 204 204 0 0 INCOME TAX CASES/SALES TAX 3641 313 3954 347 0 3607 REVIEW APPLICATIONS 522277020 INT. MISC. APPLICATIONS 8038 3240 11278 2622 328 8328 WRIT JURISDICTIONS WRIT PETITIONS D.B. 6337 1924 8261 2260 0 6001 WRIT PETITIONS S.B. 54 1165 1219 821 0 398 INT. MISC. APPLICATIONS 3558 6806 10364 5972 0 4392 ORIGINAL SIDE SUITS 8454 1365 9819 1005 3000 5814 ADMIT SUITS 0 131 131 103 0 28 ADMIT APPEALS 033332508 J.MISC. 177 80 257 70 1 186 MISC. APPLICATIONS IN SUIT/J.M. 23962 8350 32312 6264 2268 23780 CIVIL REFERENCES 99 69 168 1 0 167 EXECUTION APPLICATIONS 1279 121 1400 115 0 1285 INSOLVENCY CASES 30 1 31 0 0 31 J.MISC. (U/ V. ACTS) 370 54 424 22 22 380 S.M.A (U/S 39/25) 527 243 770 307 0 463 O.A/ NAZIR REF. 41 131 172 172 0 0 ELECTION PETITION 202002 MISC. APPLICATIONS IN EXECUTION/S.M.A/INSOLVENCY 15325 3392 18717 3142 0 15575 TOTAL 75752 34867 110619 29843 5619 75157

58 High Court of Sindh Annual Report 2002 21 5 17 318 378 417 1 Conﬁrmation Cases 0 Pending 1 Criminal Appeals 83 Disposal 211 212 Institution 62 Criminal References 1 2 22 Criminal Revisions 52 33

Cr. Original Cases 508 1513 1680 98 Cr. Tr. Applications 395 402 139 Cr. Bail Applications 7 74 181 76 Cr. Misc. Applications 85 1503 2949 3246 Cr. Accountability Appeals 0 1000 2000 3000 Cr. Spl. A.T.A. Appeals

Int. Misc. Applications Number of Cases Principal Seat: Criminal Appellate Jurisdiction

437 89 111 2 3 1

1st. Civil Appeals 94 26 17 295 Admirality Appeals 7 1 1st Rent Appeals 176 262 2nd. Appeals 252 132 258 Pending 309 Civil Revisions 51 Disposal 39 53 Institution 54 High Court Appeals 25 50 373 Civil Misc. Appeals 5 35 142 83 Civil Tr. Applications 225 Custom Appeals 0 204 204 3607 Spl. Custom Appeals 347 313 Election Appeals 20 7 22 8328 2622 3240

Income Tax Cases/Sales Tax Review Applications 0 2000 4000 6000 8000

Int. Misc. Applications Number of Cases Principal Seat: Civil Appellate Jurisdiction

High Court of Sindh Annual Report 2002: 59 Pending Disposal Institution

6001 2260 1924 398 821 1165 4392 Writ Petitions D.B. 5972 6806

Writ Petitions S.B. 0 2000 4000 6000

Int. Misc. Applications Number of Cases Principal Seat: Writ Juridiction

5814 1005 1365 Suits 28 103 131 8 25 Admit Suits 33 186 70 80 Admit Appeals J. Misc. 23780 6264 8350 186 1 69 1285 115 121 Civil Refrences 31 0 Misc. Applications in Suit/J.M. 1 380 Pending 22 Execution Applications 54 Disposal Insolvency Cases 463 307 Institution 243 0 172 J. Misc. (U/ V. Acts) 131 2 S.M.A (U/S 39/25) 0 0 O.A/ Nazir Ref. 15575 3142 3392 Election Petition 0 5000 10000 15000 20000 25000

Misc. Applications in Number of Cases

Execution, SMA, Inslovency Principal Seat: Original Jurisdiction

60 High Court of Sindh Annual Report 2002 4.3 Statistics for the High Court of Sindh Sukkur Bench at Sukkur 4.3.1 Year-wise Pendency of Cases for the High Court of Sindh Sukkur Bench at Sukkur as on 31-12-2002

Pendency at Institution Disposal Trans. Pendency at at the end of During the Number of During During the end of Years Previous Year Years Total Judges the Year the Year the Year 1985 1460 2528 3988 2 2354 0 1634 1986 1634 3352 4986 2 2724 111 2151 1987 2151 2986 5137 2 2562 57 2518 1988 2518 2140 4658 2 2213 295 2150 1989 2150 3962 6112 2 3162 130 2820 1990 2820 3171 5991 2 3583 145 2263 1991 2263 3196 5459 2 2585 329 2545 1992 2545 4498 7043 2 3725 228 3090 1993 3090 4271 7361 2 3857 346 3158 1994 3158 5347 8505 2 4246 1127 3132 1995 3132 5815 8947 2 4199 284 4464 1996 4464 5971 10435 2 5118 275 5042 1997 5042 4424 9466 2 3285 454 5727 1998 5727 9712 15439 4 9844 106 5489 1999 5489 9655 15144 4 9127 279 5738 2000 5738 7944 13682 4 8830 57 4795 2001 4795 8120 12915 11 8783 140 3992 2002 3992 7273 11265 11 6870 273 4122

12000

11000 Institution Disposal 10000 Pending 9000

8000

7000

6000

5000

Number of Cases 4000

3000

2000

1000

0 1985 1986 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2001 2002 1987 2000

Years THE HIGH COURT OF SINDH SUKKUR BENCH

High Court of Sindh Annual Report 2002: 61 4.3.2 Category-wise Institution, Disposal and Pending Balance for the High Court of Sindh Bench at Sukkur From 01-01-2002 to 31-12-2002 Institution Disposal Pendency on 01.01.2002 01.01.2002 Balance on Category of Cases 01.01.2002 to 31.12.2002 Total to 31.12.2002 Tr. 31.12.2002 CRIMINAL APPELLATE JURISDICTIONS CONFIRMATION CASES 39 6 45 4 1 40 CRIMINAL: APPEALS 429 164 593 77 2 514 CRIMINAL REFERENCES 17 22 39 21 0 18 CRIMINAL REVISIONS 53 85 138 68 0 70 CRIMINAL TR.APPLICATIONS 9 43 52 38 0 14 CR.BAIL APPLICATIONS 181 685 866 703 0 163 CR.MISC APPLICATIONS 350 237 587 248 0 339 INT: MISC: APPLICATIONS 730 2029 2759 1763 0 996 CIVIL APPELLATE JURISDICTIONS 1ST CIVIL APPEALS 85 69 154 21 62 71 1ST RENT APPEALS 151 1 152 1 151 0 2ND APPEALS 2 12 14 2 0 12 CIVIL REVISIONS 409 150 559 159 1 399 CIVIL MISC APPEALS 378 15 393 7 1 385 CIVIL TR.APPLICATIONS 2 28 30 16 0 14 INT: MISC: APPLICATIONS 650 317 967 382 0 585 WRIT JURISDICTIONS WRIT PETITIONS D.B. 200 356 556 182 53 321 WRIT PETITIONS S.B. 139 816 955 797 2 156 INT: MISC: APPLICATIONS 164 2238 2402 2381 0 21 ELECTION PETITION/ REFORM IN C.P. 4 0 4 0 0 4 TOTAL 3992 7273 11265 6870 273 4122

40 4 6 514 Pending 77 164 Disposal 18 Conﬁrmation Cases 21 Institution 22 Criminal Appeals 70 68 85 14 Criminal References 38 43 163 Criminal Revisions 703 685 339 Cr. Tr. Applications 248 237 996 Cr. Bail Applications 1763 2029 0 500 1000 1500 2000 2500 Cr. Misc. Applications

Int. Misc. Applications Number of Cases Sukkur Bench: Criminal Appellate Jurisdiction

62 High Court of Sindh Annual Report 2002 71 Pending 21 69 Disposal 0 1 Institution 1 1st Civil Appeals 12 2 12 1st Rent Appeals 399 159 2nd Appeals 150 385 7 15 Civil Revisions 14 16 28 585 Civil Misc. Appeals 382 317 0 100 200 300 400 500 600 700 Civil Tr. Applications

Int. Misc. Applications Number of Cases Sukkur Bench: Civil Appellate Jurisdiction

Pending 321 182 356 Disposal 156 Institution 797 816 21 Writ Petitions D.B. 2381 2238 12 Writ Petitions S.B. 2 12 0 500 1000 1500 2000 2500 Int. Misc. Applications Election Petition Reform in C.P. Number of Cases Sukkur Bench: Writ Jurisdiction

High Court of Sindh Annual Report 2002: 63 4.4 Statistics for the High Court of Sindh Circuit Court at Hyderabad 4.4.1 Year-wise Pendency of Cases for the High Court of Sindh Circuit Court Hy- derabad as on 31-12-2002

Pendency at Institution Disposal Trans. Pendency at at the end of During the Number of During During the end of Years Previous Year Years Total Judges the Year the Year the Year 1985 1255 2749 4004 1 2297 98 1609 1986 1609 3408 5017 2 2324 45 2648 1987 2648 3677 6325 2 1833 190 4302 1988 4302 4026 8328 2 3550 108 4670 1989 4670 3639 8309 2 3819 166 4324 1990 4324 3558 7882 2 3032 67 4783 1991 4783 3390 8173 2 2539 81 5553 1992 5553 5158 10711 2 4724 168 5819 1993 5819 4163 9982 4 3851 113 6018 1994 6018 4804 10822 2 3406 128 7288 1995 7288 5730 13018 2 4635 607 7776 1996 7776 5077 12853 2 4284 114 8455 1997 8455 4479 12934 2 3644 300 8990 1998 8990 5666 14656 4 7881 43 6732 1999 6732 7429 14161 4 6890 66 7205 2000 7206 11535 18741 4 9202 40 9499 2001 9499 7952 17457 15 8362 89 9006 2002 9006 7085 16091 21 8217 576 7298

12000

11000 Institution Disposal 10000 Pending 9000

8000

7000

6000

5000

Number of Cases 4000

3000

2000

1000

0 1985 1986 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2001 2002 1987 2000

Years THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD

64 High Court of Sindh Annual Report 2002 4.4.2 Category-wise Institution, Disposal and Balance for the High Court of Sindh Circuit Court Hyderabad From 01-01-2002 to 31-12-2002

Institution Disposal Pendency on 01.01.2002 Matters 01.01.2002 Balance on Category of Cases 01.01.2002 to 31.12.2002 Restored Total to 31.12.2002 Tr. 31.12.2002 CRIMINAL APPELLATE JURISDICTIONS CONFIRMATION CASES 21 3 0 24 8 0 16 CRIMINAL APPEALS 518 103 0 621 127 0 494 CRIMINAL ACQ. APPEALS 11 41 2 54 40 0 14 CRIMINAL REFERENCES 0 6 0 6 0 0 6 CRIMINAL REVISIONS 65 51 0 116 52 0 64 CRIMINAL TR.APPLICATIONS 36 21 0 57 29 0 28 CR.BAIL APPLICATIONS 349 743 0 1092 781 0 311 CR.MISC APPLICATIONS 211 266 0 477 323 0 154 INT: MISC. APPLICATIONS 1809 1244 0 3053 1338 0 1715 CIVIL APPELLATE JURISDICTIONS 1ST CIVIL APPEALS 500 199 0 699 119 0 580 1ST RENT APPEALS 504 0 0 504 10 492 2 2ND APPEALS 47 1 0 48 19 0 29 CIVIL REVISIONS 962 166 0 1128 408 0 720 CIVIL MISC APPEALS 78 14 0 92 29 0 63 CIVIL TR.APPLICATIONS 20 45 0 65 48 0 17 INT: MISC. APPLICATIONS 1414 864 0 2278 1133 0 1145 WRIT JURISDICTIONS WRIT PETITIONS D.B. 567 456 12 1035 612 24 399 WRIT PETITIONS S.B. 65 669 2 736 646 0 90 INT: MISC. APPLICATIONS 1829 2173 4 4006 2495 60 1451 TOTAL 9006 7065 20 16091 8217 576 7298

16 8 3 494 127 103 14 Pending Conﬁrmation Cases 40 41 Disposal Criminal Appeals 6 0 Institution 6 64 52 Criminal Acq. Appeals 51 28 Criminal References 29 21 311 Criminal Revisions 781 743 154 Cr. Tr. Applications 323 266 1715 Cr. Bail Applications 1338 1244 0 500 1000 1500 2000 Cr. Misc. Applications

Int. Misc. Applications Number of Cases Circuit Court Hyderabad: Criminal Appellate Jurisdiction

High Court of Sindh Annual Report 2002: 65 580 Pending 119 199 Disposal 2 10 Institution 0 1st Civil Appeals 29 19 1 1st Rent Appeals 720 408 (492 Transferred)2nd Appeals 166 63 29 14 Civil Revisions 17 48 45 1145 Civil Misc. Appeals 1133 864 0 500 1000 1500 2000 Civil Tr. Applications

Int. Misc. Applications Number of Cases Circuit Court Hyderabad: Civil Appellate Jurisdiction

Pending 399 612 Disposal 456 90 Institution 646 699 1451 Writ Petitions D.B. 2495 2173

Writ Petitions S.B.0 500 1000 1500 2000 2500

Int. Misc. Applications Number of Cases Circuit Court Hyderabad: Writ Jurisdiction

66 High Court of Sindh Annual Report 2002 4.5 Statistics for the High Court of Sindh Circuit Court at Larkana 4.5.1 Year-wise Pendency of Cases for the High Court of Sindh Circuit Court Larkana as on 31-12-2002

Pendency at Institution Disposal Trans. Pendency at at the end of During the Number of During During the end of Years Previous Year Years Total Judges the Year the Year the Year 1995 - 2394 2394 3 1895 30 469 1996 469 1676 2145 2 1612 45 488 1997 488 1408 1896 2 1165 56 675 1998 675 1754 2429 2 1417 64 948 1999 948 2535 3483 2 3025 96 362 2000 362 4191 4553 2 3881 0 672 2001 672 6113 6785 13 6101 15 669 2002 669 5251 5920 12 4985 1 934

12000

11000 Institution Disposal 10000 Pending 9000

8000

7000

6000

5000

Number of Cases 4000

3000

2000

1000

0 1995 1996 1997 1998 1999 2000 2001 2002

Years THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

High Court of Sindh Annual Report 2002: 67 4.5.2 Category-wise Institution, Disposal and Balance of Cases for the High Court of Sindh Circuit Court Larkana From 01-01-2002 to 31-12-2002

17 0 4 192 58 117 33 Pending Conﬁrmation Cases 11 44 Disposal Criminal Appeals 3 29 Institution 32 119 61 Criminal Acq. Appeals 160 12 Criminal References 65 72 163 Criminal Revisions 782 875 28 Cr. Tr. Applications 180 181 32 Cr. Bail Applications 1742 1762 0 500 1000 1500 2000 Cr. Misc. Applications

Int. Misc. Applications Number of Cases Circuit Court Larkana: Criminal Appellate Jurisdiction

68 High Court of Sindh Annual Report 2002 9 25 5 0 Pending 1 0 Disposal 1st Civil Appeals 113 48 Institution 75 1st Rent Appeals 10 7 11 Civil Revisions 4 6 4 81 Civil Misc. Appeals 256 240 0 100 200 300 400 500 Civil Tr. Applications

Int. Misc. Applications Number of Cases Circuit Court Larkana: Civil Appellate Jurisdiction

Pending 77 268 Disposal 233 26 Institution 379 384 15 Writ Petitions D.B. 1068 1052

Writ Petitions S.B.0 300 600 900 1200 1500

Int. Misc. Applications Number of Cases Circuit Court Larkana: Writ Jurisdiction

High Court of Sindh Annual Report 2002: 69 THIS PAGE BLANK

70 High Court of Sindh Annual Report 2002 THE SUBORDINATE JUDICIARY OF SINDH (JUDICIAL ACTIVITY)

High Court of Sindh Annual Report 2002: 71 THIS PAGE BLANK

72 High Court of Sindh Annual Report 2002 5 THE SUBORDINATE JUDICIARY OF SINDH: JUDICIAL ACTIVITY DURING 2002

5.1 Consolidated Statistics for the Subordinate Judiciary of the Province of Sindh 5.1.1 Consolidated Statements Showing the District-wise Institution, Disposal and Balance of Pending Cases for the Subordinate Judiciary of the Province of Sindh from 01-01-2002 to 31-12-2002

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 1 JUDGE SMALL CAUSES COURT 320 200 520 236 184 2 KARACHI SOUTH 15607 12563 28170 10871 17299 3 KARACHI-WEST 9494 13624 23118 14484 8634 4 KARACHI-EAST 13481 12088 25569 13199 12370 5 KARACHI-CENTRAL 7558 12814 20372 14259 6113 6 MALIR 5557 7810 13367 6329 7038 7 HYDERABAD 15453 29879 45332 31118 14214 8 THATTA 2381 3109 5490 3382 2108 9 BADIN 2453 3861 6314 3305 3009 10 DADU 4875 4307 9182 3617 5565 11 THARPARKAR @ MITHI 310 664 974 655 319 12 MIRPURKHAS 3957 6907 10864 6257 4607 13 SANGHAR 3971 4621 8592 4020 4572 14 NAUSHAHRO-FEROZE 2725 3531 6256 3867 2389 15 NAWABSHAH 3200 3306 6506 3897 2609 16 SUKKUR 4971 5403 10374 6069 4305 17 KHAIRPUR 6309 5317 11626 5612 6014 18 GHOTKI 4290 4805 9095 4839 4256 19 LARKANA 8337 6943 15280 8498 6782 20 SHIKARPUR 4211 5668 9879 5770 4109 21 JACOBABAD 5677 4358 10035 5074 4961 TOTAL 125137 151778 276915 155358 121557

High Court of Sindh Annual Report 2002: 73 74 ihCuto id nulRpr 2002 Report Annual Sindh of Court High

30000

Institution Disposal 20000 Pending

Number of10000 Cases

0 Malir Dadu Badin Ghotki Thatta Sukkur Larkana Sanghar Khairpur Shikarpur Nwabshah Jacobabad Hyderabad Mirpurkhas Karachi East Karachi West Karachi South Karachi Central Nausharo-Feroze Tharparkar-Mithi Small Causes Court Districts and Small Causes Court 5.1.2 Consolidated Statement Showing the Category-wise Institution, Disposal and Balance of Pending Civil and Family Cases for the Sessions Courts in Sindh From 01-1-2002 TO 31-12-2002

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 CRIMINAL JURISDICTION 1 MURDER TRIAL 5537 2183 7720 2348 5372 2 HUDOOD TRIAL 5084 2742 7826 3060 4766 3 P.P.C. 6916 4971 11887 4806 7081 4 SPECIAL CASES ( S.T.A) 5025 320 5345 1529 3816 5 SPECIAL CASES NARCOTICS 1822 477 2299 850 1449 6 CAR SNATCHING CASES 296 110 403 109 297 7 QISAS & DIAT ORDINANCE 974 1142 2116 696 1420 8 13-D ARMS ORDINANCE 406 162 568 196 372 9 DIRECT COMPLAINT 241 448 689 306 383 10 PRIVATE COMPLAINT 124 503 627 371 256 11 OTHER CR/SESSIONS CASES 666 647 1313 998 315 12 CRIMINAL APPEALS 333 796 1129 664 465 13 CRIMINAL REVISIONS 458 1110 1568 1182 386 14 CRIMINAL MISC: APPLNS 184 1724 1908 1598 310 15 CRIMINAL TR: APPLNS 119 813 923 773 159 16 CR.BAIL APPLICATIONS 2181 13860 16041 13249 2792 17 SPECIAL BAIL APPLICATIONS 0 157 157 136 21 18 CR. PRELIMINARY ENQUIRY 30 256 286 170 116 19 JUVENILE/CHILD ACT 3 10 13 3 10 20 SINDH CRIME CONTROL ACT 0 10 10 1 9 21 PASSPORT/FOREIGNERS ACTS 3 18 21 10 11 22DARULAMANACTS 02929236 23 CRIMINAL REFERENCE 0 42 42 42 0 24 HABEAS CORPUS 0 23 23 15 8 25 CRIMINAL PETITION 0 1 1 1 0 CIVIL JURISDICTION 1 IST CLASS CIVIL SUITS 13484 7931 21415 8011 13404 2 IIND CLASS CIVIL SUITS 698 313 1011 438 573 3 IIIRD CLASS CIVIL SUITS 112 139 251 102 149 4 TRUST SUIT 25 9 34 5 29 5 SUMMARY SUITS 401 459 860 486 374 6 CIVIL APPEALS 2832 3388 6220 2240 3980 7 CIVIL MISC: APPEALS 427 558 985 582 403 8 CIVIL REVISIONS 529 780 1309 621 688 9 CIVIL EXECUTIONS 2326 733 3059 928 2131 10 CIVIL TRANSFER APPLNS 155 718 873 688 185 11 CIVIL MISC: APPLICATIONS 81 170 251 175 76 12 CIVIL REFERENCES 2 0 2 1 1 13 RENT CASES 3704 2804 6508 3366 3142 14 FIRST RENT APPEALS (F.R.A.) 3001 2013 5014 2326 2688 15 RENT EXECUTIONS. 1497 980 2477 1034 1443 16 JUDICIAL MISC APPLNS 22 11 33 20 13 17 JUDICIAL MISC EXE: 11 29 40 4 36 18 LUNACY PETITIONS 1 2 3 2 1 19 INSOLVENCY PETITION 66 118 184 90 94 20 LAND ACQUISITION APPLNS 115 20 135 19 116 21 ELECTION APPEALS 0 2 2 2 0 22 ELECTION PETITIONS 690 202 892 527 365 23 DEPARTMENTAL ENQUIRY 20 41 61 20 41 24 DISTRESS WARRANT CASES 7 2 9 2 7 25 OTHER CIVIL CASES 27 13 40 11 29 26 TRADE MARK SUITS 0 5 5 3 2 27 CIVIL PETITIONS 0 1 1 0 1 FAMILY JURISDICTION 1 FAMILY SUITS 304 696 1000 725 275 2 FAMILY APPEALS 247 567 814 523 291 3 FAMILY EXECUTIONS 6 22 28 6 22 4 SUCCESSION MISC: APPLNS (S.M.A.) 423 2252 2675 2011 664 5 GUARDIANS AND WARDS CASES 379 728 1107 685 422 6 G & W. EXECUTIONS 22 12 34 14 20 7 G & W. APPEALS 10 28 38 12 26 8 OTHER FAMILY MATTERS 0 9 9 9 0 TOTAL 62026 58309 120335 58824 61511

High Court of Sindh Annual Report 2002: 75 5372 2348 2183 4766 3060 2742 7081 Murder Trial 4806 4971 3816 Hudood Trial 1529 320 1449 850 Pak. Penal Code 477 297 109 110 1420 696 Special Cases ( S.T.A) 1142 Pending 372 196 Disposal Special Cases Narcotics 162 383 Car Snatching Cases 306 Institution 448 256 371 Qisas & Diat Ordinance 503 315 13-D Arms Ordinance 998 Direct Complaint 647 465 664 796 Private Complaint 386 1182 1110 310 1598 1724 Criminal Appeals Other Cr./Sessions Cases 159 773 813 Criminal Revisions 2792 13249 13860 21 136 Cr. Misc. Applications 157 116 Cr. Tr. Applications 170 256 10 Cr. Bail Applications 3 10 9 1 10 Special Bail Applications 11 10 18 Cr. Preliminary Enquiry Juvenile/Child Act 6 23 29 0 42 42 Sindh Crime Control Act 8 15 Darulaman Acts 23 Passport/Foreigners Acts 0 1 1 Criminal References Habeas Corpus0 3000 6000 9000 12000 15000

Criminal Petitions Number of Cases District & Sessions Judges: Criminal Jurisdiction

76 High Court of Sindh Annual Report 2002 13404 8011 7931 573 438 313 149 102 139 Ist Class Civil Suits 29 5 9 374 IInd Class Civil Suits 486 459 Trust Suits 3980 2240 IIIrd Class Civil Suits 3388 403 582 Summary Suits 558 688 Civil Appeals 621 780 2131 928 733 Pending Civil Misc. Appeals 185 688 Disposal Civil Revisions 718 76 175 Institution Civil Executions 170 1 1 0 3142 3366 2804 Civil Transfer Applications 2688 2326 Civil Misc.Civil Applications References 2013 Rent Cases 1443 1034 980 13 20 11 36 4 Rent Executions 29 1 First Rent Appeals (F.R.A.) 2 2 94 90 118 116 Judicial Misc. Applications 19 20 JudicialLunancy Misc. Executions Petitions 0 2 2 Insolvency Petitions 365 527 202 41 20 Election Appeals 41 7 2 Land Acquisition Applications 2 Election Petitions 29 11 13 2 3 Departmental Enquiries 5 1 0 Distress Warrant Cases 1 Other Civil Cases 0 3000 6000 9000 12000 15000 Trade Mark Suits Civil Petitions

Number of Cases District & Sessions Judges: Civil Jurisdiction Pending

275 Disposal 725 696 Institution 291 523 Family Suits 567 22 6 22 Family Appeals 664 2011 .A.) 2252 Family Executions 422 685 728 20 14 12 isc. Applications (S.M 26 12 28 Guardians&WardsCases0 Succession M 9 9

Guardians&WardsExecutions0 1000 2000 3000

Guardians & Wards Appeals Other Family Matters Number of Cases District & Sessions Judges: Family Jurisdiction

High Court of Sindh Annual Report 2002: 77 5.1.3 Consolidated Statement Showing the Category-wise Institution, Disposal and Balance of Pending Civil and Family Cases for the Courts of Civil Judges and Judicial Magistrates in Sindh From 01-01-2002 TO 31-12-2002

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 CRIMINAL JURISDICTION 1 MURDER TRIAL. 278 195 473 285 188 2 HUDOOD TRIAL 5869 4550 10419 5556 4863 3 P.P.C. 16004 14909 30913 16335 14576 4 SPECIAL CASES ( S.T.A) 41 16 57 34 23 5 SPECIAL CASES NARCOTICS 1141 1526 2667 1248 1419 6 CAR SNATCHING CASES 38 31 69 58 11 7 QISAS & DIAT ORDINANCE 1235 949 2184 1125 1059 8 13-D ARMS ORDINANCE 11154 7540 18694 7515 11179 9 DIRECT COMPLAINT 148 422 570 265 305 10 PRIVATE COMPLAINT 130 295 425 198 227 11 OTHER CR/SESSIONS CASES 2208 3079 5287 3676 1611 12 CRIMINAL APPEALS 0 3 3 1 2 14 CRIMINAL MISC: APPLNS 0 64 64 50 14 15 CR.BAIL APPLICATIONS 209 1374 1583 1139 444 16 CR. PRELIMINARY ENQUIRY 1 93 94 81 13 17 CR. P. C. 3804 8025 11829 8430 3399 18 GAMBLING ACT 362 517 879 481 398 19 M.V.O/TRAFFIC ACT 2115 18147 20262 16324 3938 20 JUVENILE/CHILD ACT 3 45 48 10 38 21 SINDH CRIME CONTROL ACT 591 538 1129 626 503 22 LOCAL LAWS 439 332 771 356 415 23 SPECIAL LAW 219 133 352 180 172 24ISLAMICLAWS 4057974849 25 CIVIL DEFENCE 56 48 104 71 33 26 MARKET/FACTORY/SHOP ACT 295 730 1025 493 532 27 FOOD CASES/ACTS 503 341 844 306 538 28 POLICE/F.I.A./THEFT ACTS 16 46 62 53 9 29 RAILWAY/CANNT ACTS 14 450 464 410 54 30 PASSPORT/FOREIGNERS ACTS 129 101 230 70 1600 31 PROBATION ORDINANCE 36 177 213 51 162 32 CHAPTER PROCEEDING ACTS 1415 2935 4350 2873 1477 33 T.V/V.C.R/RADIO/TELEGRAPH ACTS 193 1658 1851 1619 232 34 K.P.T/K.B.C.A. ACTS 568 209 777 728 49 35 COPYRIGHT ACT 34 31 65 24 41 36 ELECTRICITY ACTS 25 62 87 30 57 37 IRRIGATION ACTS 108 119 227 87 140 38 PRICE CONTROL/CHECKING ACT 0 96 96 91 5 39 FOREST/WILDLIFE ACTS 17 43 60 33 27 40 FERTILIZER ACTS 19 24 43 28 15 41 WEIGHT & MEASUREMENTS ACTS 0 9 9 0 9 42 MEDICAL & DENTAL ACTS 0 108 108 95 13 43 AGRICULTURAL ACT 0 8 8 1 7 CIVIL JURISDICTION 1 IST CLASS CIVIL SUITS 5025 4441 9466 4756 4710 2 IIND CLASS CIVIL SUITS 856 861 1717 1073 644 3 IIIRD CLASS CIVIL SUITS 475 1056 1531 770 761 4 CIVIL EXECUTIONS 532 294 826 323 503 5 CIVIL MISC: APPLICATIONS 2 12 14 7 7 6 RENT CASES 157 110 267 128 139 7 RENT EXECUTIONS. 108 16 124 57 67 8 ELECTION PETITIONS 12 0 12 9 3 9 DEPARTMENTAL ENQUIRY 0 2 2 1 1 FA M ILY J U R IS D IC T IO N 1 FAMILY SUITS 4427 7688 12115 8260 3855 2 FAMILY APPEALS 37 0 37 0 37 3 FAMILY EXECUTIONS 789 467 1256 549 707 4 SUCCESSION MISC: APPLNS (S.M.A.) 5 20 25 21 4 5 GUARDIANS AND WARDS CASES 65 338 403 209 194 6 G & W. EXECUTIONS 3 3 6 0 6 7 G & W. APPEALS 2 7 9 9 0 TOTAL 61952 85350 147302 87256 60046

78 High Court of Sindh Annual Report 2002 188 285 195 4863 5556 14576 7081 16335 14909 Murder Trial 23 34 16 1419 Hudood Trial 1248 1526 11 58 31 Pak. Penal Code 1059 1125 949 11170 7515 7540 Special Cases ( S.T.A) 305 265 422 Special Cases Narcotics 227 198 Car Snatching Cases 295 1611 3676 3079 2 Qisas & Diat Ordinance 1 3 13-DDirect Arms Complaint Ordinance 14 50 64 Private Complaint 444 1139 1374 13 81 93 Criminal Appeals 3399 8430 Other Cr./Sessions Cases 8025 398 481 517 Cr. Misc. Applications 3938 16324 Cr. Bail Applications 18147 38 10 Cr. Proc. Code 45 503 Cr. PreliminaryGambling Enquiry Act 626 538 415 356 332 172 M.V.O./Traﬃc Act 180 133 49 Juvenile/Child Act 48 Local Laws 57 33 71 48 Special Laws 532 493 Sindh Crime Control Act 730 Islamic Laws 538 306 341 Civil Defence 9 53 46 54 410 450 1600 70 Food Cases/Acts 101 162 51 Market/Factory/Shop Act 177 1477 2873 2935 Police/FIA/Theft Acts 232 1619 1658 49 728 209 Railway/Cantonement Acts 41 Passport/Foreigners Acts 24 Pending Probation Ordinance 31 57 30 62 Disposal 140 Chapter Proceedings Act 87 119 KPT/KBCA Acts 5 Institution Copyright Act 91 96 27 33 Electricity Acts 43 TV/VCR/Radio/Telegraph Acts 15 Irrigation Acts 28 24 13 95 108 7 1 8 Forest/WildlifeFertilizer Acts Price Control/Checking Act 0 3000 6000 9000 12000 15000 18000

Agricultural Act Medical & Dental Acts Number of Cases Civil Judges & Judicial Magistrates: Criminal Jurisdiction

High Court of Sindh Annual Report 2002: 79 4710 4756 4441 644 1073 861 761 Ist Class Civil Suits 770 1056 503 323 IInd Class Civil Suits 294 7 7 IIIrd Class Civil Suits 12 Pending Civil Executions 139 128 110 Disposal 67 Institution Rent Cases 57 Civil Misc. Applications 16 3 9 0 Rent Executions 1 1 2

Election Petitions 0 2000 4000 6000

Departmental Enquiries Number of Cases Civil Judges & Judicial Magistrates: Civil Jurisdiction

3855 8260 7688 37 0 Family Suits 0 707 549 467 Family Appeals Pending 4 211 20 Disposal

Family Executions 194 Institution 209 338 6 0 3 0 9 7 Guardians & Wards Cases Succession Misc. Applications (S.M.A.) 0 2000 4000 6000 8000

Guardians & Wards Executions Number of Cases Guardians & Wards Appeals Civil Judges & Judicial Magistrates: Family Jurisdiction

80 High Court of Sindh Annual Report 2002 5.1.4 Criminal Cases Pending Before the District & Subordinate Courts According to Age of Cases—Instituted Prior to 1985

No.Particulars of Cases 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 CRIMINAL JURISDICTION 1MURDERTRIAL 00000000000000131 2HUDOODTRIAL 00000000000000002 3P.P.C. 00000000100000001 4SPECIALCASES(S.T.A) 00000000000000000 5SPECIALCASESNARCOTICS00000000000000000 6CARSNATCHINGCASES 00000000000000000 7 QISAS & DIAT ORDINANCE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 13-D ARMS ORDINANCE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 9DIRECTCOMPLAINT 00000000000000000 10PRIVATECOMPLAINT 00000000000000000 11OTHERCR/SESSIONSCASES00000000000000000 12 CRIMINAL APPEALS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13CRIMINALREVISIONS 00000000000000000 14CRIMINALMISC:APPLNS00000000000000000 15CRIMINALTR:APPLNS 00000000000000000 16CR.BAILAPPLICATIONS 00000000000000000 17SPECIALBAILAPPLICATIONS00000000000000000 18CR.PRELIMINARYENQUIRY00000000000000000 19CR.P.C. 00000000000000000 20GAMBLINGACT 00000000000000000 21M.V.O/TRAFFICACT 00000000000000000 22JUVENILE/CHILDACT 00000000000000000 23SINDHCRIMECONTROLACT00000000000000000 ihCuto id nulRpr 2002: Report Annual Sindh of Court High 24LOCALLAWS 00000000000000000 25SPECIALLAW 00000000000000000 26ISLAMICLAWS 00000000000000000 27CIVILDEFENCE 00000000000000000 28MARKET/FACTORY/SHOPACT00000000000000000 29FOODCASES/ACTS 00000000000000000 30POLICE/F.I.A./THEFTACTS00000000000000000 31 RAILWAY/CANNT ACTS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 32PASSPORT/FOREIGNACTS00000000000000000 33 PROBATION ORDINANCE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 34CHAPTERPROCEEDINGACTS00000000000000000 35T.V/V.C.R/RADIO/TEL.ACTS00000000000000000 36K.P.T/K.B.C.A.ACTS 00000000000000000 37COPYRIGHTACTS 00000000000000000 38ELECTRICITYACTS 00000000000000000 39IRRIGATIONACTS 00000000000000000 40PRICECONTR./CHECK.ACT00000000000000000 41FOREST/WILDLIFTACTS00000000000000000 42FERTILIZERACTS 00000000000000000 43WT.&MEASUR.ACTS 00000000000000000 44MEDICAL&DENTALACTS00000000000000000 45ABKARIACTS 00000000000000000 46DARULAMANACTS 00000000000000000 47CRIMINALREFERENCE 00000000000000000 48HABEASCORPUS 00000000000000000 49MINERALWATERACT 00000000000000000 50AGRICULTURALACT 00000000000000000 51MINESACT 00000000000000000 52P.T.C.L.ACTS 00000000000000000 53FOREIGNACT 00000000000000000 54FISHERIESACT 00000000000000000 55CRIMINALPETITION 00000000000000000 SUBTOTAL(CRIMINAL) 00000001100000135 CIVIL JURISDICTION 1ISTCLASSCIVILSUITS 0 1 0 0 3 1 3 3 6 510134242172810 2IINDCLASSCIVILSUITS 00000000001110010 3IIIRDCLASSCIVILSUITS 00000000000000011 4TRUSTSUIT 00000000000000000 5SUMMARYSUITS 00000000000000000 81 6 CIVIL APPEALS 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1 Continued.... 82 No.Particulars of Cases 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 7 CIVIL MISC: APPEALS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1

ihCuto id nulRpr 2002 Report Annual Sindh of Court High 8CIVILREVISIONS 00000000000000000 9CIVILEXECUTIONS 00110201001020745 10CIVILTRANSFERAPPLNS00000000000000000 11CIVILMISC.APPLICATIONS00000000000000000 12CIVILREFERENCES 00000000000000000 13RENTCASES 00000000000000210 14 FIRST RENT APPEALS (F.R.A.) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15RENTEXECUTIONS. 00000100201022143 16JUDICIALMISCAPPLNS 00000000000000000 17JUDICIALMISCEXEC. 00000000000000000 18LUNACYPETITIONS 00000000000000000 19INSOLVENCYPETITION 00000000000000000 20LANDACQUISITIONAPPLNS00000000002000001 21 ELECTION APPEALS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 22ELECTIONPETITIONS 00000000000000000 23DEPARTMENTALENQUIRIES00000000000000000 24DISTRESSWARRANTCASES00000000000000000 25OTHERCIVILCASES 00000000000000000 26TRADEMARKSUITS 00000000000000000 27CIVILPETITIONS 00000000000000000 SUBTOTAL(CIVIL) 0 1 1 1 3 4 3 4 8 615144744273922 FAMILY JURISDICTION 1FAMILYSUITS 00000000000000000 2 FAMILY APPEALS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3FAMILYEXECUTIONS 00000000000000000 4SUCCESS.MISC.APPLNS(S.M.A.)00000000000000000 5GUARDIANS&WARDSCASES00000000000000000 6G&W.EXECUTIONS 00000000000000000 7 G & W. APPEALS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8OTHERFAMILYMATTERS00000000000000000 SUBTOTAL(FAMILY) 00000000000000000 TOTALS FOR ALL JURISDICTIONS TOTALCRIMINALCASES 00000000100000135 TOTALCIVILCASES 0 1 1 1 3 4 3 4 8 615144744273922 TOTALFAMILYCASES 00000000000000000 GRANDTOTAL 0 1 1 1 3 4 3 4 9 615144744284227 5.1.5 Criminal Cases Pending Before the District & Subordinate Courts According to Age of Cases—Instituted After 1984 The following table includes in the totals the ﬁgures from the previous table pertaining to data prior to 1985.

No.Particulars of Cases 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 TOTAL CRIMINAL JURISDICTION 1 MURDER TRIAL 5 11 19 21 32 36 45 49 73 132 168 200 351 481 634 820 959 1333 5374 2 HUDOOD TRIAL 0 0 6 3 4 2 15 20 39 81 148 152 277 552 628 1570 2709 2998 9206 3 P.P.C. 3 2 2 10 19 18 19 33 48 60 98 180 487 1073 1669 3579 6334 8871 22507 4 SPECIAL CASES ( S.T.A) 0 0 0 0 2 17 33 69 79 46 234 214 585 317 479 575 950 219 3819 5SPECIALCASESNARCOTICS0000000002355981137214565811992 2896 6CARSNATCHINGCASES0000000235 628464421315161298 7 QISAS & DIAT ORDINANCE 0 0 0 00000362342731421773235121170 2471 8 13-D ARMS ORDINANCE 0 0 0 04169316341883707751000 2018 3305 5093 12823 9DIRECTCOMPLAINT 0000000101 1 1 5184988153345662 10PRIVATECOMPLAINT 0000001110 2 4 812245798288496 11OTHERCR/SESSIONSCASES0000000000 1 1 4114 35100146302 12 CRIMINAL APPEALS 0 0 0 0000100 003474987311462 13CRIMINALREVISIONS 0000000000 000322983271388 14CRIMINALMISC:APPLNS0000000000 00002 523289319 15CRIMINALTR:APPLNS 0000000000 00001 0 3163167 16CR.BAILAPPLICATIONS0000000000 000029702912489 2879 17SPECIALBAILAPPLICATIONS0000000000 00000 0 04242 18CR.PRELIMINARYENQUIRY0000000000 00111 521109138 19CR.P.C. 0000000000 000318968772386 3380 20GAMBLINGACT 0000000000 00151620157252451 21M.V.O/TRAFFICACT 0000000000 00000 11363811 3948

ihCuto id nulRpr 2002: Report Annual Sindh of Court High 22JUVENILE/CHILDACT 0000000000 0014153588118261 23SINDHCRIMECONTROLACT0000000000 0001215202182402 24LOCALLAWS 0000000000 0 0 4130 54359119549 25SPECIALLAW 0000003200 10213 4212764 26ISLAMICLAWS 0000000121 5103 2 0 0 1 1035 27CIVILDEFENCE 0000000000 00000 0101525 28MARKET/FACTORY/SHOPACT0000000000 00008172224251 29FOODCASES/ACTS 0000000000 00021254321428817 30POLICE/F.I.A./THEFTACTS0000000000 00002 0 1 6 9 31 RAILWAY/CANNT ACTS 0 0 0 0000000 00000 6153354 32PASSPORT/FOREIGNERSACTS0000000003 01097318274207 33 PROBATION ORDINANCE 0 0 0 0000000 001021499143259 34CHAPTERPROCEEDINGACTS0000000000 00000 01381301 1439 35T.V/V.C.R/RADIO/TEL.ACTS0000000000 00001 0117082 36K.P.T/K.B.C.A.ACTS 0000000000 00000 067118185 37COPYRIGHTACT 0000000000 00031 0123046 38ELECTRICITYACTS 0000000000 00000 0216485 39IRRIGATIONACTS 0000000000 00000 54563113 40PRICECONTR./CHECK.ACT0000000000 00000 0 43741 41FOREST/WILDLIFEACTS0000000000 00000 0362561 42FERTILIZERACTS 0000000000 00000 0 62127 43WT.&MEASUR.ACTS 0000000000 00000 0 0 0 0 44MEDICAL&DENTALACTS0000000000 00000 0 01313 45ABKARIACTS 0000000000 00000 0 0 0 0 46DARULAMANACTS 0000000000 00000 0 5 1 6 47CRIMINALREFERENCE 0000000000 00000 0 0 0 0 48HABEASCORPUS 0000000000 00000 0 0 8 8 49MINERALWATERACT 0000000000 00000 0 0 0 0 50AGRICULTURALACT 0000000000 00000 0 0 0 0 51MINESACT 0000000000 00000 0 0 0 0 52P.T.C.L.ACTS 0000000000 00000 0 0 0 0 53FOREIGNACT 0000000000 00000 0 0 0 0 54FISHERIESACT 0000000000 00000 0 0 0 0 55CRIMINALPETITION 0000000000 00000 0 0 0 0 SUB TOTAL (CRIMINAL) 8 13 27 34 61 74 122 188 251 353 756 1080 2303 3613 5028 10171 19206 34769 78067 CIVIL JURISDICTION 1 IST CLASS CIVIL SUITS 39 14 102 36 42 50 64 79 110 158 227 677 814 888 1467 2087 2676 5821 15535 2IINDCLASSCIVILSUITS30814422420182411995182286418643 1837 3IIIRDCLASSCIVILSUITS0080013123 41026431002173682045 2833

83 4TRUSTSUIT 0000000000 05123 8 4 8 31 Continued. . . . 84 No.Particulars of Cases 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 TOTAL 5SUMMARYSUITS 0000000000 1414839118253428

ihCuto id nulRpr 2002 Report Annual Sindh of Court High 6 CIVIL APPEALS 0 1 1 0312239109241252506347442071 3893 7 CIVIL MISC: APPEALS 0 0 0 0000000 0 1 1133679103265499 8CIVILREVISIONS 0000001211 31254283159380680 9 CIVIL EXECUTIONS 27 15 21 31 34 18 30 31 46 47 85 123 77 155 252 387 621 688 2712 10CIVILTRANSFERAPPLNS0000000000 00100 417206228 11CIVILMISC:APPLICATIONS0000100011 00012 4 34962 12CIVILREFERENCES 0000000000 00000 0 0 0 0 13RENTCASES 0000142372030231661051224867281533 3233 14 FIRST RENT APPEALS (F.R.A.) 0 0 1 0001018 4 2 72830671405 1109 2663 15 RENT EXECUTIONS 15 7 11 12 11 9 10 17 22 15 13 20 38 75 100 244 252 685 1572 16JUDICIALMISCAPPLNS0000000000 0 0120 0 0 9 8 29 17JUDICIALMISCEXE: 0000000020 000515780 37 18LUNACYPETITIONS 0000000000 00001 0 0 0 1 19INSOLVENCYPETITION 0000010000 10011411154386 20LANDACQUISITIONAPPLNS1000000201 3 6 62031146 11104 21 ELECTION APPEALS 0 0 0 0000000 00000 0 0 0 0 22ELECTIONPETITIONS 0000000000 00000 033640376 23DEPARTMENTALENQUIRY0000000001 00033 3113152 24DISTRESSWARRANTCASES0000000000 00000 0 0 0 0 25OTHERCIVILCASES 0000000000 00001 0 83443 26TRADEMARKSUITS 0000000000 00000 0 0 2 2 27CIVILPETITIONS 0000000000 00000 0 0 0 0 SUB TOTAL (CIVIL) 87 37 152 80 96 88 115 139 199 284 399 905 1295 1568 2659 4660 8009 15925 36936 FAMILY JURISDICTION 1FAMILYSUITS 0000000000 00051973903615 4108 2 FAMILY APPEALS 0 0 0 0000000 002373045252339 3FAMILYEXECUTIONS 0020124574109 61135153146341737 4SUCCESS.MISC:APPLNS(S.M.A.)0000000000 000221356596669 5GUARDIANS&WARDSCASES0000000000 1012431106480625 6G&W.EXECUTIONS 0100000010 01001 43644 7 G & W. APPEALS 0 0 0 0000000 00000 3 52432 8OTHERFAMILYMATTERS0000000000 00000 0 0 0 0 SUBTOTAL(FAMILY) 10301245751191023493287525344 6554 TOTALS FOR ALL JURISDICTIONS TOTAL CRIMINAL CASES 8 13 27 34 61 74 122 188 251 353 756 1080 2303 3613 5028 10171 19206 34769 78067 TOTAL CIVIL CASES 87 37 152 80 96 88 115 139 199 284 399 905 1295 1568 2659 4660 8009 15925 36936 TOTALFAMILYCASES 10301245751191023493287525344 6554 GRAND TOTAL 96 50 182 114 158 164 241 332 457 642 1166 1994 3608 5204 7736 15159 27967 56038 121557 5.1.6 Pending Balances According to Districts Including Small Causes Court Malir Hyderabad Thatta Badin Dadu Mithi Mirpurkhas Sanghar Naushero-Feroze Nawabshah Sukkur Khairpur Ghotki Larkana Shikarpur Jacababad Total Serial No. Particulars of Cases Small Causes Ct Karachi South Karachi West Karachi East Karachi Central CRIMINAL JURISDICTION 1 MURDER TRIAL. 0 286 336 251 131 174 512 110 152 348 5 164 148 99 131 240 401 289 654 442 503 5376 2 HUDOOD TRIAL 0 1116 482 401 250 322 1200 370 277 466 26 578 528 91 248 358 619 217 816 369 470 9204 3 P.P.C. 1 2838 1615 1537 750 2412 1508 376 461 1422 98 926 958 463 514 825 1017 1254 1226 856 1452 22509 4 SPECIAL CASES ( S.T.A) 0 136 59 315 51 97 348 12 4 101 0 36 127 12 24 341 589 346 278 506 433 3815 5 SPECIAL CASES NARCOTICS 0 35 172 406 33 272 666 122 173 192 4 69 84 5 127 72 210 36 80 89 53 2900 6CARSNATCHINGCASES 04851344414910003230020042298 7 QISAS & DIAT ORDINANCE 0 309 394 627 285 127 280 29 47 200 39 0 0 0 28 0 0 0 106 0 0 2471 8 13-D ARMS ORDINANCE 0 1157 1087 1101 547 677 1399 229 230 468 5 316 744 161 303 430 654 565 1549 593 608 12823 9 DIRECT COMPLAINT 0 58 1 17 13 1 129 3 17 62 0 4 32 59 7 27 74 33 20 20 85 662 10PRIVATECOMPLAINT 0123691095121300560009000000028496 11OTHERCR/SESSIONSCASES01052 120 703413128750036163308298 12 CRIMINAL APPEALS 0 22 16 21 7 9 58 46 32 37 0 33 20 6 2 13 36 20 19 15 52 464 13 CRIMINAL REVISIONS 0 21 37 62 8 16 27 8 13 16 1 15 59 6 9 21 31 17 3 7 11 388 14CRIMINALMISC:APPLNS 0 3133221022294 7 80123 3 012732151122319 15CRIMINALTR:APPLNS 0195 315 8361117923133713723167 16 CR.BAIL APPLICATIONS 0 77 192 291 42 140 359 55 149 110 18 95 87 34 50 71 186 225 288 182 246 2897 17SPECIALBAILAPPLICATIONS0 00 0001100000300000073 24 18CR.PRELIMINARYENQUIRY0 00 000 312180133235031002415138 19 CR. P. C. 0 470 245 386 115 285 174 9 226 231 0 178 90 30 37 93 236 0 255 179 141 3380 20 GAMBLING ACT 0 74 35 25 19 60 63 6 6 30 1 12 4 4 2 21 23 4 46 9 7 451 21 M.V.O/TRAFFIC ACT 0 0 0 1 0 1541 2017 90 0 0 3 289 3100000003945 22JUVENILE/CHILDACT 01890 00015003000802301631249 23SINDHCRIMECONTROLACT 0 233 123 1 9166513241120 0 2 712752695417 SUB TOTAL (CRIMINAL) 1 8431 5131 6109 2523 6463 9320 1556 2062 3843 233 3019 2985 1015 1540 2869 4359 3320 5547 3356 4385 78067 CIVIL JURISDICTION 1 IST CLASS CIVIL SUITS 224 3039 1658 1394 905 128 1325 250 289 796 58 579 550 730 486 773 536 401 648 444 322 15535 ihCuto id nulRpr 2002: Report Annual Sindh of Court High 2 IIND CLASS CIVIL SUITS 0 200 124 220 55 8 391 16 43 58 4 151 119 48 71 109 67 28 47 69 9 1837 3 IIIRD CLASS CIVIL SUITS 0 270 182 459 209 81 165 59 101 157 3 103 152 307 106 63 215 80 28 48 45 2833 4TRUSTSUIT 0230 420 000000000200000 31 5 SUMMARY SUITS 0 41 11 83 32 2 139 2 14 0 0 43 0 2 16 4 28 3 0 1 7 428 6 CIVIL APPEALS 0 441 304 431 200 33 482 112 227 178 7 250 216 44 93 106 343 194 241 28 56 3986 7 CIVIL MISC: APPEALS 0 68 21 55 27 1 50 14 20 9 1 27 38 4 27 12 0 30 23 2 4 433 8CIVILREVISIONS 01105173175 9115282905052133310313329810688 9 CIVIL EXECUTIONS 52 498 176 422 209 29 647 24 34 137 0 68 94 68 27 49 45 32 52 30 21 2714 10CIVILTRANSFERAPPLNS 0507 930181450191462225915211202 11CIVILMISC:APPLICATIONS0200 000 2023201000260005 61 12CIVILREFERENCES 0 00 001 000000000000000 1 13 RENT CASES 0 1490 125 571 561 48 213 3 1 11 0 18 26 10 56 59 15 6 15 46 13 3287 14 FIRST RENT APPEALS (F.R.A.) 0 1019 71 546 144 3 675 8 18 7 0 55 27 2 17 28 5 21 13 11 10 2680 15RENTEXECUTIONS. 07605632817028935040876030005711508 16JUDICIALMISCAPPLNS 0 31 332 000000000000000 12 17JUDICIALMISCEXE: 0 002665 000000000000000 37 18LUNACYPETITIONS 0 00 010 000000000000000 1 19INSOLVENCYPETITION 0 00 00047000004001700040 72 20LANDACQUISITIONAPPLNS0 00 000200360184930647000116 21 ELECTION PETITIONS 0 40 17 25 32 0 24 11 79 22 9 13 2 15 15 3 25 17 11 15 1 376 22DEPARTMENTALENQUIRY 0 001004 610400220126133 45 23DISTRESSWARRANTCASES7 00 000 000000000000000 7 24OTHERCIVILCASES 0 00 200 000100000018141000 45 25CIVILPETITIONS 0 00 001 000000000000000 1 SUB TOTAL (CIVIL) 283 8072 2804 4661 2576 379 4388 521 863 1427 84 1402 1353 1260 949 1274 1385 881 1138 718 518 36936 FAMILY JURISDICTION 1 FAMILY SUITS 0 400 477 1026 589 133 297 28 54 219 1 122 92 87 83 132 193 43 65 30 37 4108 2 FAMILY APPEALS 0 66 33 70 71 14 34 0 5 0 0 12 8022120613339 3FAMILYEXECUTIONS 0126124219147164302301011431150200726 4 SUCC. MISC. APPLNS (S.M.A.) 0 60 25 111 111 17 91 3 20 45 0 12 82 10 14 5 36 4 20 3 11 680 5 GUARDIANS AND WARDS CASES 0 126 40 173 94 15 33 0 2 23 1 19 41 13 18 12 17 8 0 1 7 643 6G&W.EXECUTIONS 0100 120 700300000030000 26 7 G & W. APPEALS 0 8 0 0 0 1 1 0 1 2 0 11 000040400 32 SUB TOTAL (FAMILY) 0 796 699 1600 1014 196 506 31 84 295 2 186 234 114 120 162 270 55 97 35 58 6554 TOTALS FOR ALL JURISDICTIONS SUB TOTAL (CRIMINAL) 1 8431 5131 6109 2523 6463 9320 1556 2062 3843 233 3019 2985 1015 1540 2869 4359 3320 5547 3356 4385 78067 SUB TOTAL (CIVIL) 283 8072 2804 4661 2576 379 4388 521 863 1427 84 1402 1353 1260 949 1274 1385 881 1138 718 518 36936 SUB TOTAL (FAMILY) 0 796 699 1600 1014 196 506 31 84 295 2 186 234 114 120 162 270 55 97 35 58 6554 GRAND TOTAL (CR.,CIV. & FAM.) 284 17299 8634 12370 6113 7038 14214 2108 3009 5565 319 4607 4572 2389 2609 4305 6014 4256 6782 4109 4961 121557 85 5.2 Statistics for the Subordinate Judiciary of the Province of Sindh for the Period 01-01-2002 to 31-12-03—Districts and Small Causes Court

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 1 JUDGE SMALL CAUSES COURT 320 200 520 236 284

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 2–KARACHI SOUTH 1 District & Sessions Judge. 524 538 1062 648 414 2 I-Addl:District & Sessions Judge. 595 591 1186 346 840 3 II-Addl:District & Sessions Judge. 500 592 1092 422 670 4 III-Addl:District & Sessions Judge. 1257 610 1867 814 1053 5 IV-Addl:District & Sessions Judge. 178 150 328 66 262 6 V-Addl:District & Sessions Judge. 431 224 655 338 317 7 VI-Addl:District & Sessions Judge. 723 291 1014 227 787 8 VII-Addl:District & Sessions Judge. 139 0 139 31 108 9 I-Senior Civil Judge. 402 311 713 323 390 10 II-Senior Civil Judge. 668 767 1435 306 1129 11 III-Senior Civil Judge. 629 263 892 391 501 12 IV-Senior Civil Judge. 595 214 809 68 741 13 V-Senior Civil Judge. 404 107 511 191 320 14 VI-Senior Civil Judge 402 334 736 257 479 15 VII-Senior Civil Judge. 619 404 1023 210 813 16 VIII-Senior Civil Judge. 784 304 1088 336 752 17 IX-Senior Civil Judge. 366 122 488 192 296 18 X-Senior Civil Judge. 366 123 489 148 341 19 I-Civil Judge. 177 0 177 177 0 20 II-Civil Judge. 370 340 710 401 309 21 III-Civil Judge. 207 233 440 252 188 22 IV-Civil Judge. 102 358 460 278 182 23 V-Civil Judge. 213 524 737 352 385 24 VI-Civil Judge. 141 153 294 190 104 25 I-Judicial Magistrate. 802 426 1228 254 974 26 II-Judicial Magistrate. 0 0 0 0 0 27 III-Judicial Magistrate. 28 220 248 19 229 28 IV-Judicial Magistrate. 323 75 398 303 95 29 V-Judicial Magistrate. 700 577 1277 647 630 30 VI-Judicial Magistrate. 679 1144 1823 321 1502 31 VII-Judicial Magistrate. 95 866 961 551 410 32 VIII-Judicial Magistrate. 781 136 917 246 671 33 IX-Judicial Magistrate. 755 1066 1821 1112 709 34 X-Judicial Magistrate. 652 500 1152 454 698 TOTAL 15607 12563 28170 10781 17299

86 High Court of Sindh Annual Report 2002 Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 3–KARACHI WEST 1 District & Sessions Judge. 457 2499 2956 2564 392 2 I-Addl: District & Sessions Judge. 365 404 769 323 446 3 II-Addl: District & Sessions Judge. 237 0 237 30 207 4 III-Addl: District & Sessions Judge. 424 397 821 388 433 5 IV-Addl: District & Sessions Judge. 439 419 858 488 370 6 V-Addl: District & Sessions Judge. 420 463 883 415 468 7 I-Senior Civil Judge. 456 370 826 414 412 8 II-Senior Civil Judge. 360 384 744 485 259 9 III-Senior Civil Judge. 539 663 1202 437 765 10 IV-Senior Civil Judge. 418 281 699 327 372 11 V-Senior Civil Judge. 366 152 518 159 359 12 I-Civil & Family Judge. 240 599 839 569 270 13 II-Civil & Family Judge. 304 357 661 440 221 14 III-Civil & Family Judge. 443 502 945 632 313 15 I-Judicial Magistrate. 601 865 1466 803 663 16 II-Judicial Magistrate. 475 1077 1552 1093 459 17 III-Judicial Magistrate. 639 1623 2262 1750 512 18 IV-Judicial Magistrate. 753 945 1698 1139 559 19 V-Judicial Magistrate. 788 800 1588 1004 584 20 VI-Judicial Magistrate. 770 824 1594 1024 570 TOTAL 9494 13624 23118 14484 8634

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 4–KARACHI EAST 1 District & Sessions Judge. 362 727 1089 776 313 2 I-Addl: District & Sessions Judge. 972 374 1346 490 856 3 II-Addl: District & Sessions Judge. 590 477 1067 350 717 4 III-Addl:District & Sessions Judge. 844 646 1490 493 997 5 IV-Addl: District & Sessions Judge. 871 391 1262 552 710 6 V-Addl: District & Sessions Judge. 467 345 812 432 380 7 VI-Addl: District & Sessions Judge. 0 0 0 0 0 8 I-Senior Civil Judge 371 172 543 276 267 9 II-Senior Civil Judge 496 242 738 388 350 10 III-Senior Civil Judge. 429 395 824 336 488 11 IV-Senior Civil Judge. 288 469 757 338 419 12 V-Senior Civil Judge. 417 470 887 426 461 13 VI-Senior Civil Judge. 417 230 647 333 314 14 VII-Senior Civil Judge. 217 0 217 84 133 15 VIII-Senior Civil Judge. 199 283 482 219 263 16 IX-Senior Civil Judge. 94 436 530 327 203 17 I-Civil Judge. 599 634 1233 881 352 18 II-Civil Judge. 485 467 952 506 446 19 III-Civil Judge. 445 662 1107 480 627 20 IV-Civil Judge. 139 529 668 254 414 21 I-Judicial Magistrate. 229 637 866 351 515 22 II-Judicial Magistrate. 661 102 763 326 437 23 III-Judicial Magistrate. 374 322 696 404 292 24 IV-Judicial Magistrate. 54 577 631 370 261 25 V-Judicial Magistrate. 577 208 785 551 234 26 VI-Judicial Magistrate. 266 144 410 257 153 27 VII-Judicial Magistrate. 1005 0 1005 646 359 28 VIII-Judicial Magistrate. 64 535 599 348 251 29 IX-Judicial Magistrate. 97 584 681 441 240 30X-J.M(AtJudicialComplex)00000 31 XI-Judicial Magistrate. 287 234 521 310 211 32 XII-Judicial Magistrate. 395 194 589 451 138 33 XIII-Judicial Magistrate. 266 241 507 302 205 34 XIV-Judicial Magistrate. 230 233 463 244 219 35 XV-Judicial Magistrate. 274 128 402 257 145 TOTAL 13481 12088 25569 13199 12370

High Court of Sindh Annual Report 2002: 87 Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 5–KARACHI CENTRAL 1 District & Sessions Judge. 549 2445 2994 2532 462 2 I-Addl: District & Sessions Judge. 499 315 814 548 266 3 II-Addl: District & Sessions Judge. 427 350 777 598 179 4 III-Addl: District & Sessions Judge. 174 301 475 333 142 5 IV-Addl: District & Sessions Judge. 378 115 493 408 85 6 V-Addl: District & Sessions Judge. 431 510 941 588 353 7 I-Senior Civil Judge. 44 25 69 46 23 8 II-Senior Civil Judge. 251 298 549 324 225 9 III-Senior Civil Judge. 407 522 929 474 455 10 IV-Senior Civil Judge. 852 537 1389 654 735 11 V-Senior Civil Judge. 191 224 415 282 133 12 VI-Civil Judge. 251 324 575 248 327 13 VII-Civil Judge. 560 172 732 680 52 14 VIII-Civil Judge. 26 1163 1189 823 366 15 IX-Civil Judge. 425 593 1018 779 239 16 X-Civil Judge. 231 592 823 476 347 17 I-Judicial Magistrate. 258 277 535 434 101 18 II-Judicial Magistrate. 160 346 506 280 226 19 III-Judicial Magistrate. 2 420 422 223 199 20 IV-Judicial Magistrate. 329 735 1064 840 224 21 V-Judicial Magistrate. 228 502 730 520 210 22 VI-Judicial Magistrate. 201 480 681 526 155 23 VII-Judicial Magistrate. 48 637 685 439 246 24 VIII-Judicial Magistrate. 393 568 961 714 247 25 IX-Judicial Magistrate. 243 363 606 490 116 TOTAL 7558 12814 20372 14259 6113

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 6–MALIR 1 District & Sessions Judge. 403 1438 1841 1354 487 2 I-Addl: District & Sessions Judge. 590 614 1204 660 544 3 II-Addl: District & Sessions Judge. 578 190 768 282 486 4 Senior Civil Judge. 439 284 723 340 383 5 Civil Judge 386 497 883 649 234 6 I-Judicial Magistrate. 415 328 743 269 474 7 II-Judicial Magistrate. 818 1814 2632 840 1792 8 III-Judicial Magistrate. 399 341 740 373 367 9 IV-Judicial Magistrate. 354 473 827 204 623 10 V-Judicial Magistrate. 1175 1831 3006 1358 1648 TOTAL 5557 7810 13367 6329 7038

88 High Court of Sindh Annual Report 2002 Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 7–HYDERABAD 1 District & Sessions Judge 1301 3942 5243 4003 1240 2 I-Addl: District & Sessions Judge 349 394 743 250 493 3 II-Addl: District & Sessions Judge 385 335 720 211 509 4 III-Addl: District & Sessions Judge 435 333 768 386 382 5 IV-Addl: District & Sessions Judge 498 592 1090 434 656 6 V-Addl: District & Sessions Judge 440 272 712 312 400 7 VI-Addl: District & Sessions Judge 368 617 985 400 585 8 VII-Addl: District & Sessions Judge 379 674 1053 529 524 9 A.D.J. Tando. Muhammad Khan 196 5 201 6 195 10 I-Senior Civil Judge 500 331 831 490 341 11 II-Senior Civil Judge 250 214 464 233 231 12 III-Senior Civil Judge 509 144 653 212 441 13 IV-Senior Civil Judge 1014 304 1318 838 480 14 V-Senior Civil Judge 405 207 612 212 400 15 Sr: Civil Judge,Tando Allah Yar. 207 170 377 189 188 16 Sr: C.J,Tando Muhammad ,Khan. 267 42 309 21 288 17 Joint Civil Judge & F.C.M,. 318 448 766 410 356 18 Civil Judge & F.C.M,. 247 293 540 280 260 19 I-Extra Civil Judge & F.C.M 390 559 949 673 276 20 II-Extra Civil Judge & F.C.M 304 266 570 358 212 21 III-Extra Civil Judge & F.C.M 136 631 767 514 253 22 IV-Extra Civil Judge & F.C.M 376 306 682 400 282 23 V-Extra Civil Judge & F.C.M 392 307 699 498 201 24 VI-Extra Civil Judge & F.C.M 961 545 1506 1189 317 25 VII-Extra Civil Judge & F.C.M 372 643 1015 821 194 26 C.J & F.C.M, Tando Allah Yar. 406 985 1391 1117 274 27 C.J & F.C.M, T.Muhammad Khan. 508 380 888 496 392 28 Civil Judge & F.C.M, Hala. 268 506 774 425 349 29 I-Judicial Magistrate 326 307 633 321 312 30 II-Judicial Magistrate 2132 13769 15901 13754 2147 31 IIII-Judicial Magistrate 150 357 507 188 319 32 J.M, Tando Allah Yar. 205 318 523 328 195 33 J.M, T.Muhammad, Khan. 236 483 719 428 291 34 Judicial Magistrate, Hala. 0 0 0 0 0 35 Judicial Magistrate, Matiari. 223 200 423 192 231 TOTAL 15453 29879 45332 31118 14214

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 8–THATTA 1 District & Sessions Judge, Thatta. 275 592 867 527 340 2 I-Addl: District & Sessions Judge, Thatta. 216 230 446 212 234 3 II-Addl: District & Sessions Judge, Thatta. 165 245 410 205 205 4 Senior Civil Judge, Thatta. 188 119 307 152 155 5 Senior Civil Judge, Sujawal. 309 158 467 338 129 6 I-Civil Judge & F.C.M, Thatta. 215 507 722 469 253 7 II-Civil Judge & F.C.M, Thatta. 157 227 384 266 118 8 Civil Judge & F.C.M, Sujawal. 172 156 328 215 113 9 Civil Judge & F.C.M, Mirpur Batharo. 157 169 326 222 104 10 Civil Judge & F.C.M, Sakro at Gharo. 219 339 558 346 212 11 Judicial Magistrate, Thatta. 103 103 206 135 71 12 Judicial Magistrate, Sujawal. 205 264 469 295 174 TOTAL 2381 3109 5490 3382 2108

High Court of Sindh Annual Report 2002: 89 Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 9–BADIN 1 District & Sessions Judge, Badin. 427 1153 1580 1097 483 2 I-Addl: District & Sessions Judge, Badin. 235 300 535 170 365 3 II-Addl: District & Sessions Judge, Badin. 236 344 580 194 386 4 Senior Civil Judge,Badin. 266 149 415 231 184 5 Senior Civil Judge,Matli. 138 77 215 163 52 6 Senior Civil Judge, Golarchi. 143 124 267 126 141 7 Civil Judge & F.C.M, Badin. 270 383 653 341 312 8 Civil Judge & F.C.M, Matli. 144 306 450 320 130 9 Civil Judge & F.C.M, Tando Bago. 187 281 468 195 273 10 Civil Judge & F.C.M, Golarchi. 118 242 360 201 159 11 Judicial Magistrate, Badin. 212 265 477 137 340 12 Judicial Magistrate, Matli. 77 237 314 130 184 TOTAL 2453 3861 6314 3305 3009

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 10–DADU 1 District & Sessions Judge, Dadu. 538 546 1084 289 795 2 I-Addl: District & Sessions Judge, Dadu. 154 7 161 18 143 3 II-Addl: District & Sessions Judge, Dadu. 181 100 281 88 193 4 III-Addl: District & Sessions Judge, Dadu. 96 3 99 1 98 5 IV-Addl: District & Sessions Judge, Dadu. 103 58 161 64 97 6 Addl: District Judge, Mehar. 194 76 270 100 170 7 Addl: District Judge Sehwan. 56 45 101 40 61 8 Addl: District Judge, Kotri. 239 192 431 129 302 9 Senior Civil Judge, Dadu. 226 149 375 160 215 10 Senior Civil Judge, Mehar. 423 112 535 142 393 11 Senior Civil Judge, K. N Shah. 188 144 332 156 176 12 Senior Civil Judge, Sehwan. 93 77 170 61 109 13 Senior Civil Judge, Kotri. 200 180 380 169 211 14 Civil Judge & F.C.M, Dadu. 306 328 634 213 421 15 Civil Judge & F.C.M, Mehar. 261 230 491 100 391 16 Civil Judge & F.C.M, K.N.Shah. 14 55 69 40 29 17 Civil Judge, Johi. 128 91 219 68 151 18 I-Civil Judge & F.C.M, Sehwan. 79 153 232 100 132 19 II-Civil Judge & F.C.M, Sehwan. 1 68 69 25 44 20 Civil Judge & F.C.M, Kotri. 246 140 386 9 377 21 Judicial Magistrate, Dadu. 252 356 608 362 246 22 I-Judicial Magistrate, Mehar. 235 195 430 212 218 23 II-Judicial Magistrate, Mehar. 87 82 169 92 77 24 Judicial Magistrate, K.N.Shah. 89 186 275 136 139 25 Judicial Magistrate, Johi. 77 153 230 134 96 26 Judicial Magistrate, Sehwan. 204 265 469 368 101 27 Judicial Magistrate, Kotri. 205 316 521 341 180 TOTAL 4875 4307 9182 3617 5565

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 11–THARPARKAR & MITHI 1 District & Sessions Judge 85 267 352 305 47 2 Addl:District & Sessions Judge 10 35 45 28 17 3 Senior Civil Judge 71 69 140 73 67 4 Civil Judge & F.C.M 9 125 134 93 41 5 Judicial Magistrate 50 84 134 84 50 6 Judicial Magistrate, Chachro. 36 28 64 11 53 7 Judicial Magistrate, Diplo. 34 30 64 37 27 8 Judicial Magistrate, Nangarparkar. 15 26 41 24 17 TOTAL 310 664 974 655 319

90 High Court of Sindh Annual Report 2002 Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 12–MIRPURKHAS 1 District & Sessions Judge 459 1141 1600 1197 403 2 I-Addl: District & Sessions Judge 285 335 620 206 414 3 II-Addl: District & Sessions Judge 325 327 652 263 389 4 Addl: District & Sessions Judge, Umerkot. 134 242 376 169 207 5 I-Senior Civil Judge, Mirpurkhas. 304 111 415 174 241 6 II-Senior Civil Judge, Mirpurkhas. 238 72 310 139 171 7 III-Senior Civil Judge, Mirpurkhas. 253 188 441 174 267 8 I-Senior Civil Judge, Umerkot. 205 65 270 136 134 9 II-Senior Civil Judge, Umerkot. 121 28 149 99 50 10 Joint Civil Judge & F.C.M, Mirpurkhas. 277 814 1091 550 541 11 Civil Judge & F.C.M, K G Mohammad 203 142 345 200 145 12 Civil Judge & F.C.M, Umerkot 96 265 361 248 113 13 Civil Judge & F.C.M, Kunri. 117 28 145 145 0 14 I-Judicial Magistrate, Mirpurkhas. 205 406 611 224 387 15 II-Judicial Magistrate, Mirpurkhas. 267 1259 1526 1007 519 16 Judicial Magistrate, K. G. Mohammad 215 96 311 181 130 17 Judicial Magistrate, Digri. 33 306 339 265 74 18 Judicial Magistrate, Umerkot 105 675 780 633 147 19 Judicial Magistrate, Samaro. 49 356 405 185 220 20 Judicial Magistrate, Pitharo. 66 51 117 62 55 TOTAL 3957 6907 10864 6257 4607

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 13–SANGHAR 1 District & Sessions Judge 573 1237 1810 1032 778 2 Addl: District & Sessions Judge 457 183 640 110 530 3 A D J Shahdadpur. 111 124 235 112 123 4 A D J Tnado Adam. 329 350 679 338 341 5 Senior Civil Judge, Sanghar. 206 235 441 252 189 6 Senior Civil Judge, Shahdadpur. 274 152 426 5 421 7 Senior Civil Judge,Tando Adam. 147 53 200 84 116 8 Senior Civil Judge, Khipro. 30 67 97 50 47 9 Civil Judge & F.C.M 111 351 462 302 160 10 Civil Judge & F.C.M, Sinjhoro. 90 221 311 200 111 11 Civil Judge & F.C.M, Shahdadpur. 413 583 996 471 525 12 Civil Judge & F.C.M, Tando Adam. 407 189 596 218 378 13 Civil Judge & F.C.M, Khipro. 209 252 461 249 212 14 Judicial Magistrate & F.C.M 330 272 602 329 273 15 Judicial Magistrate & F.C.M, Shahdadpur. 182 91 273 154 119 16 Judicial Magistrate, Tando Adam. 102 261 363 114 249 TOTAL 3971 4621 8592 4020 4572

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 14–NAUSHARO-FEROZE 1 District & Sessions Judge 155 526 681 564 117 2 Addl: District & Sessions Judge. 152 195 347 194 153 3 A D J, Moro. 131 31 162 63 99 4 A D J, Kandiaro. 76 214 290 203 87 5 Senior Civil Judge 571 146 717 165 552 6 Senior Civil Judge, Moro. 139 61 200 123 77 7 Senior Civil Judge, Kandiaro. 247 122 369 154 215 8 Civil Judge & F.C.M 76 310 386 186 200 9 Civil Judge & F.C.M, Moro. 27 190 217 142 75 10 Civil Judge & F.C.M, Bhiria. 137 236 373 270 103 11 Civil Judge & F.C.M, Kandiaro. 247 271 518 307 211 12 I-Judicial Magistrate 217 186 403 309 94 13 II-Judicial Magistrate 16 297 313 246 67 14 Judicial Magistrate, Bhiria. 77 159 236 196 40 15 I-Judicial Magistrate, Kandiaro. 143 290 433 266 167 16 II-Judicial Magistrate, Kandiaro. 136 114 250 196 54 17 Judicial Magistrate, Moro. 178 183 361 283 78 TOTAL 2725 3531 6256 3867 2389

High Court of Sindh Annual Report 2002: 91 Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 15–NAWABSHAH 1 District & Sessions Judge 328 681 1009 740 269 2 I-Addl: District & Sessions Judge 158 158 316 175 141 3 II-Addl: District & Sessions Judge 161 176 337 144 193 4 III-Addl: District & Sessions Judge 170 116 286 102 184 5 I-Senior Civil Judge 765 555 1320 753 567 6 II-Senior Civil Judge 339 210 549 306 243 7 Joint Civil Judge & F.C.M 223 115 338 334 4 8 Civil Judge & F.C.M, Sarkand. 158 231 389 271 118 9 Civil Judge & F.C.M, Daulatpur. 70 76 146 107 39 10 I-Judicial Magistrate 201 457 658 377 281 11 II-Judicial Magistrate 428 362 790 340 450 12 Judicial Magistrate, Sakrand. 170 66 236 149 87 13 Judicial Magistrate, Daulatpur. 29 103 132 99 33 TOTAL 3200 3306 6506 3897 2609

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 16–SUKKUR 1 District & Sessions Judge 655 1677 2332 1880 452 2 I-Addl: District & Sessions Judge 214 279 493 166 327 3 II-Addl: District & Sessions Judge 389 247 636 288 348 4 III-Addl: District & Sessions Judge 261 386 647 456 191 5 V-Addl: District & Sessions Judge 0 0 0 0 0 6 Addl: District Judge, Hudood 219 93 312 59 253 7 I-Senior Civil Judge 683 445 1128 493 635 8 II-Senior Civil Judge 532 169 701 189 512 9 I-C.J & J.M. 319 260 579 300 279 10 II-C.J & J.M. 93 122 215 123 92 III-II-C.J & J.M. 742 475 1217 515 702 11 I-C.J & J.M, Rohri. 289 638 927 738 189 II-C.J & J.M, Rohri. 127 319 446 355 91 12 I-C.J & J.M, Pano Akil. 296 209 505 345 160 13 II-C.J & J.M, Pano Akil. 152 84 236 162 74 TOTAL 4971 5403 10374 6069 4305

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 17–KHAIRPUR 1 District & Sessions Judge 626 574 1200 502 698 2 I-Addl: District & Sessions Judge 474 295 769 127 642 3 II-Addl: District & Sessions Judge 755 394 1149 532 617 4 III-Addl: District & Sessions Judge 382 192 574 6 568 5 A D J Gambat. 224 281 505 256 249 6 I-Senior Civil Judge 347 226 573 316 257 7 II-Senior Civil Judge 347 292 639 234 405 8 Senior Civil Judge, Gambat. 81 191 272 95 177 9 Senior Civil Judge, Mirwah. 81 141 222 133 89 10 I-Civil Judge & F.C.M, Khairpur. 213 156 369 154 215 11 II-Civil Judge & F.C.M, Khairpur. 230 380 610 195 415 12 Civil Judge & F.C.M, Kingri. 180 58 238 199 39 13 Civil Judge & FCM, Pir Jo Goth. 243 159 402 188 214 14 I-Civil Judge & F.C.M, Gambat. 381 664 1045 642 403 15 II-Civil Judge & F.C.M, Gambat. 391 0 391 340 51 16 Civil Judge & F.C.M, Kotdiji. 38 128 1661 70 96 17 Civil Judge & F.C.M, Thari Mirwah. 1 236 237 123 114 18 I-Judicial Magistrate 281 65 346 170 176 19 II-Judicial Magistrate 215 59 274 137 137 20 Judicial Magistrate, Thari Mirwah. 468 90 558 509 49 21 J M, Sabhudero & Ranipur. 0 2 2 0 2 22 Judicial Magistrate, Kotdiji. 292 114 406 249 157 23 Judicial Magistrate, Nara. 59 47 1096 95 11 24 Judicial Magistrate, Gambat. 0 382 382 240 142 25 Judicial Magistrate, Faiz Ganj. 0 191 191 100 91 TOTAL 6309 5317 11626 5612 6014

92 High Court of Sindh Annual Report 2002 Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 18–GHOTKI 1 District & Sessions Judge 496 1421 1917 1413 504 2 I-Addl: District & Sessions Judge 294 369 663 213 450 3 II-Addl: District & Sessions Judge 319 4 323 26 297 4 III-A D J, Mirpur Mathelo 254 3 257 14 243 5 IV-A D J, Mirpur Mathelo 236 527 763 368 395 6 Senior Civil Judge 241 60 301 111 190 7 Senior Civil Judge, Mirpur Mathelo. 235 91 326 205 121 8 Senior Civil Judge, Ubauro. 262 102 364 136 228 9 Civil Judge & F.C.M. 105 431 536 196 340 10 Civil Judge & F.C.M, Mirpur Mathelo. 520 259 779 450 329 11 CivilJudge & F.C.M, Deharki. 188 267 455 266 189 12 Civil Judge & F.C.M, Ubauro. 293 191 484 253 231 13 Judicial Magistrate 556 722 1278 819 459 14 Judicial Magistrate, Mirpur Mathelo. 187 166 353 208 145 15 Judicial Magistrate, Ubaurio. 104 192 296 161 135 TOTAL 4290 4805 9095 4839 4256

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 19–LARKANA 1 District & Sessions Judge 750 1148 1898 1290 608 2 I-Addl: District & Sessions Judge 368 157 525 210 315 3 II-Addl: District & Sessions Judge 417 70 487 172 315 4 III-Addl: District & Sessions Judge 261 2 263 0 263 5 IV-Addl: District & Sessions Judge 119 1 120 0 120 6 V-Addl: District & Sessions Judge 233 229 462 174 288 7 VI-Addl: District & Sessions Judge 233 194 427 195 232 8 VII-Addl: District & Sessions Judge 269 155 424 230 194 9 Addl: District Judge, Kambar. 79 45 124 71 53 10 Addl: District Judge, Shahdadkot. 145 0 145 31 114 11 Addl: District Judge, Ratodero. 77 95 172 39 133 12 I-Senior Civil Judge 453 282 735 343 392 13 II-Senior Civil Judge 376 276 652 426 226 14 III-Senior Civil Judge 137 196 333 193 140 15 IV-Senior Civil Judge 121 10 131 116 15 16 Senior Civil Judge, Shahdadkot. 62 61 123 74 49 17 Extra Joint Civil Judge & F.C.M 183 201 384 174 210 18 Civil Judge & F.C.M, Ratodero. 48 346 394 267 127 19 Civil Judge & F.C.M, Warah. 328 418 746 275 471 20 Civil Judge & F.C.M, Kambar. 117 444 561 400 161 21 Civil Judge & F.C.M, Shahdadkot. 275 233 508 354 154 22 I-Judicial Magistrate 8 8 16 10 6 23 II-Judicial Magistrate 139 208 347 171 176 24 III-Judicial Magistrate 705 488 1193 759 434 25 IV-Judicial Magistrate 779 565 1344 864 480 26 Judicial Magistrate, MiroKhan. 123 215 338 271 67 27 Judicial Magistrate, Dokri. 301 167 468 164 304 28 Judicial Magistrate, Kambar. 495 280 775 428 347 29 Judicial Magistrate, Shahdadkot. 126 177 303 181 122 30 Judicial Magistrate, Warah. 290 81 371 205 166 31 Judicial Magistrate, Ratodero. 320 191 511 411 100 TOTAL 8337 6943 15280 8498 6782

High Court of Sindh Annual Report 2002: 93 Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 20–SHIKARPUR 1 District & Sessions Judge 398 1578 1976 1532 444 2 I-Addl: District & Sessions Judge 457 84 541 126 415 3 II-Addl: District & Sessions Judge 311 325 636 332 304 4 III-Addl: District & Sessions Judge 357 304 661 371 290 5 IV-Addl: District & Sessions Judge 379 260 639 320 319 6 V-Addl: District & Sessions Judge 342 511 853 507 346 7 I-Senior Civil Judge 491 134 625 191 434 8 II-Senior Civil Judge 239 87 326 140 186 9 I-Civil Judge & FCM 163 152 315 182 133 10 II-Civil Judge & FCM 120 100 220 145 75 11 Joint Civil Judge & FCM 199 247 446 345 101 12 Civil Judge & FCM, Lakhi. 186 288 474 274 200 13 Civil Judge & FCM, Khanpur. 113 218 331 156 175 14 Civil Judge & FCM, G.Yasin. 43 46 89 18 71 15 City Magistrate. 74 399 473 286 187 16 I-Judicial Magistrate. 3 175 178 81 97 17 II-Judicial Magistrate. 0 165 165 49 116 18 III-Judicial Magistrate. 147 135 282 217 65 19 Judicial Magistrate, Garhi Yasin. 189 460 649 498 151 TOTAL 4211 5668 9879 5770 4109

Institution Disposal SR. Pendency on 01.01.2002 01.01.2002 Balance on No. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002 21–JACOBABAD 1 District & Sessions Judge 530 1242 1772 966 806 2 I-Addl: District & Sessions Judge 374 137 511 225 286 3 II-Addl: District & Sessions Judge 340 33 373 107 266 4 Addl: District Judge, Kandhkot. 940 254 1194 380 814 5 Addl: District Judge, Kashmore. 334 142 476 129 347 6 I-Senior Civil Judge 89 155 853 147 97 7 II-Senior Civil Judge 50 55 105 63 42 8 Senior Civil Judge, Kandhkot. 287 160 447 178 269 9 Civil Judge & F.C.M 372 259 631 309 322 10 Civil Judge & F.C.M. Thul. 562 363 925 396 529 11 Civil Judge & F.C.M. Kandhkot. 323 366 689 338 351 12 Civil Judge & FCM, Kashmore. 408 251 659 383 276 13 Civil Judge & FCM, Garhi Khairo. 147 215 362 273 89 14 Judicial Magistrate 268 221 489 412 77 15 Judicial Magistrate, Kandhkot. 274 275 549 418 131 16 Judicial Magistrate, Kashmore. 379 230 609 350 259 TOTAL 5677 4358 10035 5074 4961

94 High Court of Sindh Annual Report 2002 MANAGEMENT AND ADMINISTRATION

High Court of Sindh Annual Report 2002: 95 THIS PAGE BLANK

96 High Court of Sindh Annual Report 2002 6 MANAGEMENT AND ADMINISTRATION

6.1 List of Oﬃcers of High Court of Sindh at Karachi

Sr. No. Designation Name of Officer Ext. No. Res. Phone Nos. 1 Registrar Mr. Abdul Ghafoor Memon 246 9250646 2 P.S./P.A.to Registrar Mr. Fida/Mr.Noor Ahmed Kalhoro 247 3 Member Inspection Team Mr. Tahseen Ahmed Bhatti 269 5898675 4 P.A. to M.I.T. Mr. Khursheed Anwar 277 5 Member Inspection Team II Mr. S.M. Jamil Raza Zaidi 248 9215354 6 P.A.to M.I.T. II Mr.Gulzar Ahmed. 249 7 Secretary Inspection Team I Mr.Zafar Subuh Siddiqui 270 6620867 8 Secretary Inspection Team II Mr. Muhammad Usman 310 7788640 9 Secretary to Chief Justice Mr.Shoukat Ali Memon 255 4559077 10 Director, library & Research Mr. Naimuddin Siddiqui 235 6627592 11 Financial Adviser Mr.Ashfaq Ali Quetta Wala 309 5837571 12 Addl. Registrar (OS-1) Mr.Shahid Shafique 262 6316742 13 Addl. Registrar (OS-II) Mr.Kamran Memon 263 7236801 14 Officer On Special Duty (Admin) Mr.Muhammad Ashraf 278 4976186 15 Officer on Special Duty (Judicial) Mr.Muhammad Ahmed 267 7768298 16 Research Officer Mr. Shahid Shafique 212 6316742 17 Adminstrative Officer Maintenance Mr.Abdul Saboor 205 2581985 18 P.S to Chief Justice Mr.Altaf Hussain 216 7786970 19 Deputy Registrar (Judicial) Mr.Iqbal Ahmed Memon 250 9250605 20 Deputy Registrar (Accounts) Mr.Zulfiquar Ali Shaikh 245 21 Deputy Registrar (Admin) Mr. Abdul Hayee 252 4570078 22 System Analyst (Computer Br.) Mr.Abdul Rasheed Mahar 202 8141554 23 Computer Br. (Computer Complaints) 291 6637777 24 Deputy Registrar/Nazir Mr. Moinuddin Ahmed 256 6637777 6626491 25 Librarian Mr.Muhammad Ibrahim 268 6332856 26 Protocol Secretaries 208 27 Assist Registrar,General/Deputy Nazir Mr.Imdad Hussain Abro 257 0201-714461 28 Assistant Registrar, Admin Branch Mr.Mazhar Ali Siddiqui 279 29 Assistant Registrar, Gazette-I Mr.Qazi Ashfaq Ahmed 253 2621002 30 Assistant Registrar, Budget Mr.Mujeebur Rehman 201 31 Assistant Registrar, Roster-I Mr.Mohsin Khatri 251 32 Assistant Registrar, Roster-II 273 33 Assistant Registrar, Resident-I Mr. Zamir Ahmed (Protocol) 259 34 Assistant Registrar, Resident-II Mr.Akhlaq Ahmed 258 35 Assistant Registrar, Resident-III Mr. Dawood Singhar 259 36 Assistant Registrar, D - I Mr.Mumtaz Ali 264 37 Assistant Registrar, D - II Mr.Anwar Ali 265 38 Assistant Registrar, Execution Branch Mr.Mohammad Hanif 266 39 Assistant Registrar, Inspection Branch Mr.Iqbal Lasi 271 40 Assistant Registrar, Development Br. Mr.Shahnawaz Baloch 272 41 Assistant Registrar, Record Branch Mr. Gul Hassan 275 42 Assistant Registrar, Criminal Branch Mr. Mohammad Arif 282 5012467 43 Assistant Registrar, Writ Branch Mr. Gulzar H. Sippio 281 44 Assistant Registrar, Civil Appellate Mr. Aslam Pervaiz 285 45 Assistant Registrar, Rent Appellate Mr. Ahmed Mirza 283 46 Assistant Registrar, Confidential Mr. Muhammad Ahmed 286 47 Assistant Registrar, Printing & Despatch 276 48 AG Sindh Counter Mr. Younas Sheikh 254 49 Judges Tea Room 287 50 Incharge Translation Branch Mr. Abdul Hamid 280 51 Baliff Branch & ITR. Section 288 52 D.G.Sindh Judicial Academy. Mr. Ghaus Muhammad 237 6326636 8132950 53 Secretary, Sindh Judicial Academy. Ms. Sadaf Malik 260 54 Official Assignee Mr.Bashir Ahmed Memon 214 7211718 55 Incharge, F.S. Court Karachi Registry Mr.G.Q.Soomro 204 56 Dispensary Dr.Hafeez Ahmed 284 5867579 57 Guard Room 307 58 Copying Branch Shah Sahib 305

High Court of Sindh Annual Report 2002: 97 6.2 Branches with their work: Administrative Offices of High Court 6.2.1 Brief Introduction of the Offices of High Court • Registrar. Under the law the Registrar of the High Court is the person mainly responsible for supervising administration of the Staff working under him. All the correspondence in respect of High Court is made by and directed to in the name of the Registrar. For the convenient running of the administration there are several branches working under him which are as under:—

• O.S. I/O.S. II. These branches are headed by Additional Registrars and deal with the preliminaries at the time of admission of the suits.

• O.S.D (Admin-I). Deals with the administrative matters pertaining to the staﬀ of the Grade BS-1 to BS-15.

• O.S.D (Admin-II). Deals with the applications/complaints received in connection with public interest litigation which after obtaining the order from Honourable Chief Justice are processed further by the oﬃce of Member Inspection Team.

• Deputy Registrar (Judicial). Deals with the receiving of Civil and Criminal appeals, Revision for the purpose of their scrutiny before admission and also with the preparation of cause list.

• Deputy Registrar (Accounts). Deals with the aﬀairs of the accounts and preparation of budget.

• Deputy Registrar (Admin). Deals with the administrative aﬀairs of the oﬃcers of the Grade BS-16 and above.

• System Analyst. Deals with the Computer Branch which is in the process of computerising various data of this Court and also assists at the time of any diﬃculty in operating of the computers which have been provided to the Honourable Judges, their P.As and some branches.

• Administrative Oﬃcer (Maintenance). Deals with the maintenance and general up-keep of the premises furniture and ﬁxtures.

• O.S.D. (Judicial). Performs scrutiny of the Constitution Petitions received by him before those are placed formally for admission.

• Nazir. Under the orders of the Court performs the Inspections of the Properties and also makes Investments, Receives amounts from banks, accepts Sureties and also conducts Auctions and Inspection of Police Stations.

• Librarian. He is responsible for the maintenance of the Library in accordance with the accepted standards.

• A.R. (Development). Deals with the oﬃce paper work relation to the Development Project work with regard to building and furniture of the Courts.

• Translation Branch. They deal with the translation of various documents into English for the purpose of preparing paper books.

98 High Court of Sindh Annual Report 2002 • Bailiﬀ Branch. Supervised by Head Bailiﬀ and is concerned with the Service of various process issued by this Court and precepts.

• Research Oﬃcer. Primary responsible for maintaining latest developments in the various laws. Also assists Honourable Judges in searching out appropriate law as required.

• Member Inspection Team. Calls for the scrutinises various statistics regarding institution and disposal of the matters from the Courts. Assists in conduction Annual Inspection of the Court by the Honourable Judges and also deals with the applications/petitions received by way of public interest litigation.

6.3 The Registrar and Members of the Inspection Team Mr. Abdul Ghafoor Memon Registrar of the High Court of Sindh Date and place of birth: 1.4.1947, Taluka Mirpur Bathoro, District Thatta; educational qualiﬁcations: B.Sc., LL.B. and Diploma in Public Adminis- tration; professional experience: worked as Advocate for about 16 years; as Lecturer for about 7 years; as Assistant Professor for 5 years and then as Professor for about two years at Hyderabad, Sindh Government Law Col- lege, Hyderabad (in all 14 years); appointed Additional District & Sessions Judge in March, 1991; books /articles authored: article on comparison between Constitution of Pakistan, India, British Constitution and American Constitution; training/conferences attended: Shariah Training at Federal Judicial Academy of Islamic University, Islamabad and Islamic University Kualalumpur, Malaysia.

Mr. Tahseen Ahmed Bhatti Member Inspection Team–I Date and place of birth: 10th December, 1940 at Sukkur; educational qual- iﬁcations: B.A. LL.B.; professional experience: started practice in August, 1964; appointed A.G.P. in 1967; A.P.P. in 1968; worked as Hony. Pro- fessor in Government Law College, Sukkur from 1970; appointed Senior Civil Judge in December, 1973; promoted as Additional District & Ses- sions Judge in December, 1976; worked as Deputy Secretary, Sindh Law Department from 5th July, 1977 till 20-09-1980; worked as Additional District & Sessions Judge, Karachi from 20-09-1980 till February, 1983; promoted as District & Sessions Judge in February, 1983; sent on dep- utation as Special Judge, Anti-Corruption (Central) from end of 1985; appointed Secretary Sindh Assembly from end 1986; worked as Presiding Oﬃcer Sindh Labour Court Karachi from 1988 till 1992; worked as District & Sessions Judge, Sanghar from March, 1992 till October, 1992; appointed Member N.I.R.C. from 1992 till 1994; as Judicial Member Income Tax Appellate Tribunal from 1994 till end of 1998 and again from 1994 till end of 1998; worked as Registrar Sindh High Court till 1999 from where posted as M.I.T. Sindh High Court till retirement on 9th December 2000; appointed the following day as M.I,.T, on contract basis; attended Third in Service Shariah Training from April to July, 1982, at Rawalpindi/Islamabad.

High Court of Sindh Annual Report 2002: 99 Mr. Syed Muhammad Jamil Raza Zaidi Member Inspection Team–II Currently Member Inspection Team (Access to Justice Programme); qual- iﬁcations: B.A., B.Ed., LL.B., Diploma in Labour Law, M.A., LL.M from S.M.Law College, Karachi, enrolled in Ph.D. programme at present; experience: Advocate Sindh High Court (1982–1992); Additional District & Sessions Judge (Oct. 1997–May, 1999 and March, 2000 to Nov., 2000); Ad- ditional Registrar Administration, Sindh High Court (May, 1999–March, 2000); promoted as District & Sessions Judge in August 2000; District & Sessions Judge (Dec., 2000–Oct., 2002); Judge Small Causes Court, Karachi (Nov, 2002–May, 2003); appointed Member Inspection Team in July, 2003; worked as District Returning Oﬃcer (D.R.O.) in Local bodies Election, in 2001 as well as in National & Provisional Assemblies Election 2002; conferences/workshops: attended a Conference held in Karachi under Access of Justice Program (AJP) for Reduction of delay in disposal of cases; workshop on “Citizen-courts Liaison” in Islamabad under Access to Justice Programme; attended Sindh Judicial Academy (In-Service) Course, in 1997; attended 39th Shari’ah Academy Course at International Islamic University, Islamabad and participated in the study tour of Egypt and Saudi Arabia in 1998.

6.4 Complaints Against Judicial Officers and Action Taken All Judicial Officers are appointed under the Sindh Civil Servants Act 1973. In case of any complaint against them, the provision of Efficiency and Discipline Rules, 1973 are brought into action. As soon as a complaint is received by the High Court containing an allegation of corruption, inefficiency, illegality and/or irregularity, in the first instance the comments are called from the very officer against whom the complaint has been moved. After examining the complaint and comments, if any substance is found in the allegation, the matter is referred to the competent authority to take action by issuing a show cause notice or charge sheet and by conducting discreet inquiry. The inquiry proceeding are initiated after the appointment of an Inquiry Officer. In the event the complaint is false or baseless, action is taken against the complainant. If the complaint has been made by an advocate, the matter is referred to the Sindh Bar Council for appropriate action. Where the complaint is from a private person, the matter is referred to the concerned District and Sessions Judge for taking appropriate action against the complainant for moving a false complaint, During the year 2001, out of a number of complaints received against Judicial Officers, disciplinary action was proposed against 35 Judicial Officers. Major penalty was imposed on 4 of them and minor penalty was imposed on 10 of them. The disciplinary proceedings against the remaining are still pending decision.

100 High Court of Sindh Annual Report 2002 6.5 Organisational Charts for the High Court of Sindh and the Subordinate Judiciary

ORGANIZATIONAL CHART OF HIGH COURT OF SINDH PRINCIPAL SEAT AT KARACHI

Honorable Chief Justice

* Honorable Sr. Puisne/Administrative Honorable Judge Judges ihCuto id nulRpr 2002: Report Annual Sindh of Court High Member Inspection Team Registrar BPS 21 BPS 21

Director Library & Addl: R: Admin Reaserach BPS 19 BPS 19 Secretary Inspection OSD Admin-II Team BPS 18 BPS 18 D.R Admin D.R / Nazir D.R Judl. DR Acct Addl. Registrar OS-I Secy. to Chief Justice BPS 18 BPS 19 A.R. Deputy OSD A.R. A.R. Librarian Gazette Nazir Judl. Budget-I,II Inspection BPS 17 Addl. Registrar OS-II OSD Admin BPS 18 BPS 19 A.R. Rent Translation Brach A.R. A.R. D-II A.R. D-I Research Officer System Analyst A.R. Admin. A.R. Roster-II BPS 18 BPS 18 Admin. Officer Writ A.R. (Maint.) Criminal

A.R. A.R: Confidential Computer branch A.R. A.R. A.R. Civil Execution BPS 17 Printing/ Res-I,II,III Appellate Dispatch & ITR

* A.R. A.R. A.R. Every Honorable Judge of High Court of Sindh including Hon'ble Chief Justice & Senior Puisne Judge Record Develop- Roster-I has a Private Secretary, a Protocol Officer and a Personal Assistant besides the other Court staff. ment 101 102

ihCuto id nulRpr 2002 Report Annual Sindh of Court High ORGANIZATIONAL CHART OF HIGH COURT OF SINDH BENCH AT SUKKUR

Honorable Chief Justice

* Honorable Sr. Puisne/Administrative Honorable Judge Judges

Registrar BPS 21

Addl: Registrar

Deputy Registrar

Assistant Registrar-I Assistant Registrar-II

* Every Honorable Judge of High Court of Sindh including Hon'ble Chief Justice & Senior Puisne Judge has a Private Secretary, a Protocol Officer and a Personal Assistant besides the other Court staff. ORGANIZATIONAL CHART OF HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD

Honorable Chief Justice

* Honorable Sr. Puisne/Administrative Honorable Judge Judges

Registrar BPS 21 ihCuto id nulRpr 2002: Report Annual Sindh of Court High

Addl: Registrar

Deputy Registrar

Assistant Registrar-I Assistant Registrar-II

ihCuto id nulRpr 2002 Report Annual Sindh of Court High ORGANIZATIONAL CHART OF HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Honorable Chief Justice

* Honorable Sr. Puisne/Administrative Honorable Judge Judges

Registrar BPS 21

Addl: Registrar

Deputy Registrar

Assistant Registrar-I Assistant Registrar-II

District & Sessions Judges ihCuto id nulRpr 2002: Report Annual Sindh of Court High Additional Senior Civil Judicial District & Judges Civil Judges Magistrates Sessions Judges

There are 20 judicial districts in the province of Sindh and one Small Causes Court at Karachi. Every Judicial District is headed by a District & Sessions Judge. All the other Judicial Officers viz Additional District & Sessions Judges, Senior Civil Judges, Civil Judges and Judicial Magistrates work under his administrative supervision/control. The number of judges in each district varies according to the sanctioned strength and work load of that particular District. 105 106 6.6 Organisational Charts of Typical Sessions Divisions and Small Causes Courts ihCuto id nulRpr 2002 Report Annual Sindh of Court High 6.6.1 Organisational Chart of a Typical Sessions Division

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of Addl. C.M.Os No. of C.M.Os No. of Asst. C.O.C No. of C.O.C No. of Cashiers No. of Nazirs No. of Accountants No. of Clerks No. of Head Clerks No. of Sr. Clerks No. of English Clerks No. of Bailifs No. of Bookbinders No. of Daftri No. of Wardens No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Watremen No. of Malis No. of Recordkeepers No. of Librarians Total 1D.J 2121241911435 7191392 31472713042213410394181 586 2 A. D JS 89 81 86 0 0 0 0 14 0 0 0 174 0 5 0 7 0 0 0 55 0 48 168 0 0 0 0 638 3SR.C.JS 827780005466049021601001530 02 610 3514110 50 905 4C.JS 959011000041402330001380007503918114100791 5J.MS 1191031 0000 50 0 02120 1 02060 001020 9720700 00 934 6“EX-D.JUMERKOT” 1 1 1 0001 00 0 1 70 0 1 11 00 1 1 1 4 00 10 22 TOTAL 407 373 203 19 1 6 9 92 6 60 20 981 2 19 15 577 8 13 2 336 22 254 804 24 5 24 1 3876

6.6.2 Organisational Chart of a Typical Sessions Division—Small Causes Court

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of Cashiers No. of Nazirs No. of Clerks No. of English Clerks No. of Bailifs No. of Drivers No. of Peons/Naib Qasids Total 1D.J 1111115111215 2A.DJS ------3SR.C.JS ------4C.JS ------5J.MS ------TOTAL 1111115111215 6.6.3 Organisational Chart of a Typical Sessions Division—Karachi South No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.M.Os No. of C.O.C No. of Nazirs No. of Accountants No. of Clerks No. of Bailifs No. of Daftri No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Malis No. of Recordkeepers No. of Librarians Total Serial No. Name of the Court 1D.J 11211- 1122111131- - 19 2A.DJS 776-----144-4-414---53 3SR.C.JS 10109--10--2010-4-320---86 4C.JS 665-----126-2-312---46 5J.MS 1010------2020-10-720---87 TOTAL 3434221 1 101 1 68421 211 18691- - 291

ihCuto id nulRpr 2002: Report Annual Sindh of Court High 6.6.4 Organisational Chart of a Typical Sessions Division Small–Karachi West

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.M.Os No. of C.O.C No. of Nazirs No. of Accountants No. of Clerks No. of Bailifs No. of Daftri No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Recordkeepers No. of Watermen Total 1D.J 11211212110141321134 2A.DJS 5534---14------14--40 3SR.C.JS 5555- 2- 10-5- 5- 510-- 52 4C.JS 3333---6-3-3-36--30 5J.MS 6-15---8-6-2-310--35 TOTAL 20 14 14 18 1 4 1 40 1 24 1 14 1 14 42 1 1 191 107 108 6.6.5 Organisational Chart of a Typical Sessions Division—Karachi East ihCuto id nulRpr 2002 Report Annual Sindh of Court High No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.M.Os No. of C.O.C No. of Nazirs No. of Accountants No. of Clerks No. of Bailifs No. of Daftri No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Recordkeepers No. of Librarians Total Serial No. Name of the Court 1D.J 11211111102221191159188 2A.DJS 6-6-6---15-1---113-42 3SR.C.JS 978-9---20---2-315-64 4C.JS 432-1---8------8-22 5J.MS 155------20120-3-115-65 TOTAL35 161811711173343124120601281

6.6.6 Organisational Chart of a Typical Sessions Division Small–Karachi Central

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of Assistant C.O.Cs No. of C.O.C No. of Nazirs No. of Clerks No. of Head Clerks No. of Sr. Clerks No. of English Clerks No. of Bailifs No. of Daftri No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids Total 1D.J 11111119111201211245 2A.DJS 535--4-8-5------732 3SR.C.JS 636- - 6212-10-- - 3- 51249 4C.JS 4-1----8-----4-4825 5J.MS 99-----18---18-9-91881 TOTAL 25 16 13 1 1 11 3 55 1 16 1 38 1 18 1 19 47 242 6.6.7 Organisational Chart of a Typical Sessions Division—Malir No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.O.C No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Daftri No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Recordkeepers Total Serial No. Name of the Court 1D.J 1111- 1151611114126 2A.DJS 222----4---2-24-16 3SR.C.JS 111-1--2---1-12-9 4C.JS 11-----1------1-3 5J.MS 55-----8-4-4-36-30 TOTAL 10104111120110181717184

ihCuto id nulRpr 2002: Report Annual Sindh of Court High 6.6.8 Organisational Chart of a Typical Sessions Division—Thatta

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.O.C No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Daftri No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Recordkeepers Total 1D.J 1111- - 171- 11117124 2A.DJS 222----3---2-23-14 3SR.C.JS 222- 22- 5- 3- 2- 23- 23 4C.JS 55- - - 1- 11-13-5- 39- 47 5J.MS 22-----3-3-2-23-15 TOTAL 12125123129119112110251123 109 110 6.6.9 Organisational Chart of a Typical Sessions Division—Hyderabad ihCuto id nulRpr 2002 Report Annual Sindh of Court High No. of Courts No. of Readers Stenographers Oﬃce Superintendents No.ofAdl.C.M.Os No. of C.O.C No. of Nazirs No. of Accountants No. of Clerks No. of Head Clerks No. of Bailifs No. of Bookbinders No. of Warders No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Watermen No. of Recordkeepers No. of Librarians Total Serial No. Name of the Court 1D.J 11111- - 1111-1- 211711132 2A.DJS 888-----15----4-415---54 3SR.C.JS 777--66-24-24-25-212---95 4C.JS 1212------32-7--7-124---83 5J.MS 77------12-12--7-712---57 TOTAL 3535161166194143122511570111321

6.6.10 Organisational Chart of a Typical Sessions Division—Badin

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.O.C No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Daftri No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Watermen No. of Recordkeepers Total 1D.J 1111- - 1711111151124 2A.DJS 222----4---2-24--16 3SR.C.JS 333- 22- 6- 6- 3- - 4- - 29 4C.JS 44-----7-4-3-173-29 5J.MS 22-----3-3-2-23--15 TOTAL 12126122127114111162341113 6.6.11 Organisational Chart of a Typical Sessions Division—Dadu No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.O.C No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Daftri No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Watermen No. of Recordkeepers Total Serial No. Name of the Court 1D.J 111111- 17- 111151124 2A.DJS 777-----13--4-311--45 3SR.C.JS 555- 4- 4- 136-4- 181- 51 4C.JS 77------2522-7--133-77 5J.MS 77------1313-7-713--60 TOTAL 2727131514171411231125051257

ihCuto id nulRpr 2002: Report Annual Sindh of Court High 6.6.12 Organisational Chart of a Typical Sessions Division—Mithi

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.O.C No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Daftri No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Recordkeepers Total 1D.J 1111- - 171111114122 2A.DJS 111----2---1-12-8 3SR.C.JS 111- 11- 2- 2- 1- 11- 11 4C.JS 11-----2-1---12-7 5J.MS 44-----8-8-4-48-36 TOTAL 883111121112171817184 111 112 6.6.13 Organisational Chart of a Typical Sessions Division—Mirpurkhas ihCuto id nulRpr 2002 Report Annual Sindh of Court High No. of Courts No. of Readers Stenographers No. of Asst. C.O.C No. of C.O.C No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Bookbinders No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Recordkeepers Total Serial No. Name of the Court 1D.J 1111- - 17- 212116125 2A.DJS 333----6-2-3-36-26 3SR.C.JS 555- 55- 11-17-4- 38568 4C.JS 44-----8-2-3-28-27 5J.MS 77-----11-11-7-711-54 6“EX-D.JUMERKOT” 1111- - 171111114122 TOTAL 21 21 10 2 5 5 2 50 1 35 2 20 2 17 43 7 222

6.6.14 Organisational Chart of a Typical Sessions Division—Sanghar

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of Asst. C.O.Cs No. of C.O.Cs No. of Nazirs No. of Accountants No. of Clerks No. of Bailifs No. of Bookbinders No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Mali No. of Recordkeepers Total 1D.J 11111- - 162111- 51123 2A.DJS 333-----5--3-25--21 3SR.C.JS 444- - 33- 95- 3- 16- - 38 4C.JS 55------1411-5-19--45 5J.MS 33------66-3-36--27 TOTAL 16168113314024115173111154 6.6.15 Organisational Chart of a Typical Sessions Division—Naushero Feroze No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.O.C No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Daftris No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Watermen No. of Mali No. of Recordkeepers Total Serial No. Name of the Court 1D.J 1111- - 16121- 1- 2- - 119 2A.DJS 333----6---3-36---27 3SR.C.JS 333-33-10-6-3--5---39 4C.JS 44- - - - - 14-12-3- 2811- 49 5J.MS 66-----12-12-6-612---60 TOTAL 1717713314813211511133111194

ihCuto id nulRpr 2002: Report Annual Sindh of Court High 6.6.16 Organisational Chart of a Typical Sessions Division—Nawabshah

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of Asst. C.M.Os No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Daftri No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Watermen No. of Recordkeepers Total 1D.J 1111- - 161- 111161123 2A.DJS 333----6---3-16--22 3SR.C.JS 222- 22- 8- 9- 2- 14- - 32 4C.JS 33-----7-4-3-26--25 5J.MS 44-----8-8-4-48--36 TOTAL 13136122135121113193011138 113 114 6.6.17 Organisational Chart of a Typical Sessions Division—Sukkur ihCuto id nulRpr 2002 Report Annual Sindh of Court High No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.O.C No. of Cashiers No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Bookbinders No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Watermen No. of Recordkeepers Total Serial No. Name of the Court 1D.J 1111- 1- 18121- 1161127 2A.DJS 555-----10---2-210--34 3SR.C.JS 222-2-2-11-16-3-14--43 4C.JS 33------11-7-2--61-30 5J.MS 44------8-8-4-48--36 TOTAL 151581212148133111183421170

6.6.18 Organisational Chart of a Typical Sessions Division—Khairpur

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.O.Cs No. of Nazirs No. of Accountants No. of Clerks No. of Bailifs No. of Bookbinders No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Watermen No. of Malis No. of Recordkeepers Total 1D.J 1111- - 16- 1111511122 2A.DJS 444----8--2-28---28 3SR.C.JS 444-22-1212-3-16---46 4 C. JS 8 8 - - - 3 - 14 10 - 8 - 7 12 3 - - 65 5J.MS 88-----1515-8-815---69 TOTAL 252591251553712211946411230 6.6.19 Organisational Chart of a Typical Sessions Division—Ghotki No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.O.Cs No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Daftris No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Recordkeepers Total Serial No. Name of the Court 1D.J 1111- - 171111114122 2A.DJS 444----7---4-47-30 3SR.C.JS 333- 23- 7- 8- 2- 15- 34 4C.JS 44-----8-7-4-38-34 5J.MS 33-----6-6-3-36-27 TOTAL 15158123135122114112301147

ihCuto id nulRpr 2002: Report Annual Sindh of Court High 6.6.20 Organisational Chart of a Typical Sessions Division—Larkana

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.O.Cs No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Bookbinders No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Malis No. of Recordkeepers Total 1D.J 1111- - 171- 111161124 2A.DJS 101010----16---8-816--68 3SR.C.JS 555- 55- 20-18-6- 38- - 75 4C.JS 55-----10-5-5--10--35 5J.MS 1010-----19-19-10-1019--87 TOTAL 3131161551721421301225911289 115 116 6.6.21 Organisational Chart of a Typical Sessions Division—Shikarpur ihCuto id nulRpr 2002 Report Annual Sindh of Court High No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.O.Cs No. of Cashiers No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Daftris No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Watermen No. of Recordkeepers Total Serial No. Name of the Court 1D.J 1111- - - 171- 111161124 2A.DJS 555-----9---4-49--36 3SR.C.JS 222-2-2-4-4-2-13--22 4C.JS 77---1--19-13-6-6143-69 5J.MS 44------8-8-4-48--36 TOTAL 1919812121471251171164041187

6.6.22 Organisational Chart of a Typical Sessions Division—Jacobabad

Serial No. Name of the Court No. of Courts No. of Readers Stenographers Oﬃce Superintendents No. of C.M.Os No. of Nazirs No. of Accountants No. of Clerks No. of English Clerks No. of Bailifs No. of Daftris No. of Chowkidars No. of Drivers No. of Sweepers No. of Peons/Naib Qasids No. of Watermen No. of Recordkeepers Total 1D.J 1111- - 171- 111171125 2A.DJS 444----9---4--8--29 3SR.C.JS 333- 33- 10-2- 3- - 5- - 32 4C.JS 55-----16-11-5--10--47 5J.MS 33-----6-6-3-36--27 TOTAL 16168133148119116143611160 6.7 Establishment strength of High Court (vacancy-wise sanctioned and actual strength)

TOTAL WORKING SR.DESIGNATION STRENGTHSTRENGTHVACANT NO. 1Registrar 1 1 - 2 Member Inspection Team 1 1 - 3 Secretary to the Chief Justice 1 1 - 4 O.S.D. (Admin) 1 1 - 5 Addl: Registrar (Admin). 1 - 1 6 Deputy Registrar (Accounts) 1 1 - 7 Private Secretary to the Chief Justice 1 1 - 9 Addl: Registrar (O.S.) I. 1 - 1 10 Deputy Registrar (Admin) 1 1 - 11 Addl: Registrar (O.S.) II.. 1 1 - 12 Secretary (Protocol) 1 1 - 13 Deputy Registrar (Nazir) 1 1 - 14 O.S.D. (Judl:) 1 1 - 15 Deputy Registrar (Judl:) 1 1 - 16 Secretary Inspection Team 1 1 - 17 System Analyst. 1 1 - 17 Research Officer. 1 1 - 18 Administrative Offier ( Maintenance ) 1 1 - 19 Librarian. 1 1 - 20 Assistant Registrars. 21 19 2 21 Computer Programmers. 2 2 - 22 Data Processing Officers. 2 2 - TOTAL 44 40 4

High Court of Sindh Annual Report 2002: 117 ESTABLISHMENT STRENGTH OF HIGH COURT OF SINDH PRINCIPAL SEAT AT KARACHI, VACANCY WISE SANCTIONED AND ACTUAL STRENGTH (B) AS ON 31-12-2002

SR. TOTAL WORKING NO.DESIGNATION SCALE STRENGTH STRENGTH VACANT 1 Private Secretary to Judge B-17 32 31 1 2 Reader to Judge B-17 32 31 1 3 Private Secretary (Protocol) B-17 18 17 1 4 P.A. to Judge B-16 30 30 - 5 P.A. to Officer B-16 11 10 1 6 Senior Translator B-16 5 5 - 7 Assistant B-15 16 9 7 8 Data Coder B-12 2 1 1 9 Assistant B-11 33 27 6 10 Junior Translator B-11 6 4 2 11 Telephone Operator B-11 5 5 - 12 Senior Clerk B-9 19 18 1 13 Senior Clerk B-7 38 37 1 14 Junior Clerk B-7 24 22 2 15 Junior Clerk B-5 62 59 3 16 Electric Machine Operator B-5 2 2 - 17 Driver B-4 37 34 3 18 Head Bailiff B-2 1 1 - 19 Garden Supervisor B-2 1 1 - 20 Book Binder B-2 4 4 - 21 Daftary B-2 33 33 - 22 Gestetner Operator B-2 2 2 - 23 Despatch Rider B-4 2 2 - 24 Bailiff B-1 22 22 - 25 Naib Qasid B-1 118 118 - For High Court B-1 89 89 - For Judges residence B-1 29 29 - 26 Mali B-1 38 38 - For High Court B-1 9 9 - For Judges residence B-1 28 28 - 27 Farash B-1 24 24 - 28 Chowkidar B-1 21 21 - 29 Sweeper B-1 22 22 - TOTAL 815 785 30

118 High Court of Sindh Annual Report 2002 SR. NAME OF CIRCUIT COURT HYDERABAD CIRCUIT COURT LARKANA CIRCUIT COURT SUKKUR NO. POST SANCTIONED WORKING VACANT SANCTIONED WORKING VACANT SANCTIONED WORKING VACANT STRENGTH STRENGTH STRENGTH STRENGTH STRENGTH STRENGTH 1 ADDITIONAL REGISTRAR (B-19) 1 1 - 1 1 - 1 - 1 2 DEPUTY REGISTRAR (B-18) 1 1 - 1 1 - 1 1 - 3 ASSISTANT REGISTRAR (B-17) 2 2 - 2 2 - 2 2 - 4READERTOJUDGE(B-17)22-22-211 5 READER TO ADDL: REG: (B-17) 1 1 - 1 1 - 1 - 1 6P.STOJUDGE(B-17)22-2-2211 7 ACCOUNTANT (B-17) - - - 1 1 - - - - 8P.ATOJUDGE(B-16)22-33-11- 9 P.A TO ADDL : REG: (B-16) 1 1 - 1 1 - 1 - 1 10 ASSISTANT ACCOUNTANT (B-14) 1 1 - 1 1 - 1 1 - 11 ASSISTANT (B-11) 3 3 - 2 1 1 4 4 - 12 SENIOR TRANSLATOR (B-16) ------1 1 - 13 JUNIOR TRANSLATOR (B-11) 2 2 - 2 2 - 1 1 - 14 LIBRARIAN (B-10) 1 1 - 1 1 - 1 1 - 15 TELEPHONE OPERATOR (B-5) 1 1 - 1 1 - - - - 16 STENO TO ADDL: REG (B-12) ------17 SENIOR CLERK (B-7) 5 4 1 3 3 - 6 5 1 18 JUNIOR CLERK (B-5) 10 10 - 5 4 1 6 6 - 19CARETAKER 1 1- 1 1- 1 1- 20COOK(B-5) 1 1- 1 1- 2 2- 21BEARER(B-5) 3 3- 3 3- 3 3- 22DRIVER(B-1) 1 1- 1 1- 3 3- 23DAFTRI(B-2) 3 3- 3 3- 1 1- 24 BOOK BINDER (B-2) 1 1 ------25 BAILIFF (B-1) 3 3 - 3 3 - 3 3 - 26 NAIB QASID (B-1) 8 8 - 10 10 - 10 10 - 27 CHOWKIDAR (B-1) 6 6 - 9 9 - 8 8 - 28MALI(B-1) 4 4- 6 6- 7 7- ihCuto id nulRpr 2002: Report Annual Sindh of Court High 29FARASH(B-1) 2 2- 2 2- 2 2- 30 SWEEPER (B-1) 5 5 - 7 6 1 7 7 - TOTAL 73 72 1 75 70 5 78 72 6 119 120 6.8 Establishment strength of Sessions Divisions (vacancy-wise sanctioned and actual strength

ihCuto id nulRpr 2002 Report Annual Sindh of Court High for each Sessions Division)

ASSISTANT SESSIONS DISTRICT & SESSIONS ADDL: DISTRICT & JUDICIAL JUDGES / SENIOR CIVIL JUDGES TOTAL JUDGES SESSIONS JUDGES MAGISTRATES NAME OF DISTRICTS CIVIL JUDGES SANCTIO- SANCTIO- SANCTIO- SANCTIO- SANCTIO- SANCTIO- WORKING VACANT WORKING VACANT WORKING VACANT WORKING VACANT WORKING VACANT WORKING VACANT NED NED NED NED NED NED JUDGE SMALL 11 11 0 CAUSES COURT

KARACHI-SOUTH 1 107 6110736 601010034 30 4

KARACHI-WEST 11055055033066020 20 0

KARACHI-EAST 1106609904401515035 35 0

KARACHI-CENTRAL 11054166044099025 24 1

MALIR 11022011011055010 10 0

HYDERABAD 1108627611212077035 32 3

THATTA 11022022055022012 12 0

BADIN 11022033044022 12 12 0

DADU 11075254177077 27 24 3

MITHI 10111011011043186 2

MIRPURKHAS 11033055043177 20 19 1

SANGHAR 11033044055032116 15 1

NAUSHERO FEROZE 11033033044066017 17 0

NAWABSHAH 11032122032144013 11 2

SUKKUR 11054121133044015 13 2

KHAIRPUR 11042244088087125 22 3

GHOTKI 11043133044033015 14 1

LARKANA 1101082541550106431 24 7

SHIKARPUR 10154122075244019 15 4

JACOBABAD 11044032154133016 14 2

TOTAL 21 19 2 89 75 14 82 74 8 95 90 5 119 112 7 406 370 36 COURT BUDGETS

High Court of Sindh Annual Report 2002: 121 THIS PAGE BLANK

122 High Court of Sindh Annual Report 2002 7COURTBUDGETS

7.1 Annual Budget of the High Court STATEMENT SHOWING THE DISTRIBUTION OF THE REVISED BUDGET GRANT FOR THE YEAR 2002-2003 UNDER THE HEAD 21000–JUSTICE LAW COURTS-21105-HIGH COURT OF SINDH

C.NO PRIMARY UNITS OF APPROPRIATION KARACHI SUKKUR HYDERABAD LARKANA TOTAL 01100 PAY OF OFFICERS 20816800 895000 1150000 1100000 23961800 01200 PAY OF OTHER STAFF 23455600 2163000 2131000 1565000 29314600 02101 SUPERIOR JUDICIAL ALLOWANCE 2016000 0 0 0 2016000 02200 HOUSE RENT ALLOWANCE 5803800 391000 367000 329000 6890800 02300 CONVEYANCE ALLOWANCE 1773300 167000 167000 0 2107300 02400 SUMPTUARY ALLOWANCE 134400 0 0 0 134400 ihCuto id nulRpr 2002: Report Annual Sindh of Court High 02700 WASHING ALLOWANCE 174800 11000 11000 11000 207800 02990 OTHER REGULAR ALLOWANCE 558000 25000 60000 25000 668000 02907 MEDICAL ALLOWANCE 1025800 120000 111000 87000 1343800 02916 COMPUTER ALLOWANCE 75000 0 0 0 75000 02935 JUDICIAL ALLOWANCE 482000 0 18000 0 500000 02936 SPECIAL ADDITIONAL ALLOWANCE 3951500 330000 350000 310000 4941500 03100 OVER TIME ALLOWANCE 107300 6000 6000 6000 125300 03400 MEDICAL CHARGES 2193400 55000 155000 40000 2443400 03700 CONTINGENT PAID STAFF 360000 0 0 0 360000 03800 LEAVE SALARY 500000 0 0 0 500000 00000 TOTAL ESTABLISHMENT CHARGES 63427700 4163000 4526000 3473000 75589700 41000 TRANSPORT 947900 32000 30000 31000 1040900 42000 REPAIR OF MACHINERY 381300 20000 25000 25000 451300 43000 FURNITURE AND FIXTURES 191300 15000 15000 15000 236300 40000 TOTAL REPAIR & MAINTENANCE 1520500 67000 70000 71000 1728500 50000 COMMODITIES AND SERVICES 51100 TRAVELLING ALLOWANCE 1337600 30000 20000 20000 1407600 51300 P.O.L. CHARGES 5032300 225000 200000 200000 5657300 52100 POSTAGE AND TELEGRAPH 196400 25000 65000 50000 336400 52200 TELEPHONE AND TRUNK CALLS 2882200 275000 375000 300000 3832200 53100 GAS CHARGES 0 70300 30000 18000 118300 53200 WATER CHARGES 0 0 50000 0 50000 123 Continued. . . . 124 C.NO PRIMARY UNITS OF APPROPRIATION KARACHI SUKKUR HYDERABAD LARKANA TOTAL 53300 ELECTRICITY CHARGES 4288100 650000 650000 300000 5888100 ihCuto id nulRpr 2002 Report Annual Sindh of Court High 53400 HOT & COLD WEATHER CHARGES 0 7700 7600 7600 22900 54000 OFFICE STATIONERY 98600 60000 60000 60000 278600 55000 PRINTING CHARGES 399900 50000 50000 55000 554900 56000 NEWSPAPER AND LAW BOOKS 1046800 95000 70000 100000 1311800 57000 UNIFORM AND LIVERIES 291500 0 0 30000 321500 58000 RENT, RATE AND TAXES 307400 0 0 0 307400 59300 LAW CHARGES 18700 0 0 0 18700 59500 PUBLICITY AND ADVERTISEMENT 42100 0 0 0 42100 59900 OTHER (MISC.) 1363700 75000 75000 100000 1613700 50000 TOTAL COMDTS. & SERVICES 17305300 1563000 1652600 1240600 21761500 6-21105 TOTAL HIGH COURT OF SINDH 82253500 5793000 6248600 4784600 99079700

( ABDUL GHAFOOR MEMON ) REGISTRAR 7.2 Budget of the Sessions Division (Collective and for each Sessions Division)

THE STATEMENT SHOWING DISTRIBUTION OF THE REVISED BUDGET GRANT FOR THE FINANCIAL YEAR 2002-2003 UNDER THE HEAD "21000-JUSTICE-LAW-COURTS". ( DISTRICT & SESSIONS COURTS ) D-I

CODE PRIMARY UNITS OF KARACHI KARACHI KARACHI KARACHI MALIR HYDER- THATTA BADIN DADU MITHI MIRPUR- NO. APPROPRIATION (SOUTH) (WEST) (EAST) (C) ABAD KHAS 1 2 3 4 5 6 7 8 9 10 11 12 13 01100- PAY OF OFFICERS 1890000 777600 1513200 777600 777600 1697100 593700 593700 1329300 409800 961500 01200- PAY OF OTHER STAFF 3701500 1519900 2974300 1519900 1519900 3337900 1156300 1156300 2610700 793700 1883500 02200- HOUSE RENT ALLOW. 740000 307000 595000 307000 307000 668000 235000 235000 524000 165900 379000 02300- CONVEYANCE ALLOW. 363000 278000 333000 278000 278000 338000 20000 0 41800 0 0 02700- WASHING ALLOWANCE 23300 9400 18700 9400 9400 21000 7000 7000 16300 4700 11700 02907- MEDICAL ALLOWANCE 209000 84000 167000 84000 84000 188000 64000 64000 146000 42500 104900 02936- SP. ADDL. ALLOW.(20&25%) 656000 262400 524800 262400 262400 590400 196800 196800 459000 131200 328000 02935- JUDICIAL ALLOWANCE 147000 65000 120000 65000 65000 133000 52000 52000 106000 41000 79000 03400- MEDICAL CHARGES 124000 111000 144000 189000 85000 84000 114000 90000 59000 54000 62000 02900- OTHER REGULAR ALLOW. 90500 36200 72000 36200 36200 81500 27100 27100 63400 20500 56200 ihCuto id nulRpr 2002: Report Annual Sindh of Court High 03800- LEAVE SALARY 107100 0 0 0 0 0 0 0 0 0 0 00000- TOTAL ESTABLISHMENT 8051400 3450500 6462000 3528500 3424500 7138900 2465900 2421900 5355500 1663300 3865800 CHARGES 40000- REPAIR & MAINT. OF D/GOODS 41000- TRANSPORT 77300 41300 65300 41300 41300 71300 35300 35300 59300 29300 47300 42000- MACHINERY AND EQUIPMENT 50000 20000 40000 20000 20000 45000 15000 15000 35000 11500 25000 43000- FURNITURE AND FIXATURE 29000 11600 23200 11600 11600 26100 8700 8700 20000 6000 14500 40000- TOTAL REPAIR & MAINTENANCE 156300 72900 128500 72900 72900 142400 59000 59000 114300 46800 86800 50000- COMMODITIES & SERVICES 51100- TRAVELLING ALLOWANCE 75000 77000 84000 48000 48000 300000 53000 63000 150000 30000 61000 51300- P.O.L. CHARGES 530000 230000 393000 230100 230000 430000 188000 188000 350000 145000 268000 52100- POSTAGE AND TELEGRAPH 3000 6000 5000 3000 6000 72000 33000 26000 60000 18600 30000 52200- TELEPHONE & TRUNK CALL 292000 147000 227000 147000 147000 250000 115000 115000 170000 67700 77000 53300- ELECTRICITY CHARGES 148500 0 1116000 458000 0 280000 244000 244000 250000 30000 209500 53400- HOT & COLD WEATHER CHR. 2000 1000 2000 1000 1000 5000 3000 3000 4000 3000 4000 54000- OFFICE STATIONERY 80000 65000 124000 65000 50000 62000 52000 37000 35000 25000 40000 55000- PRINTING & PUBLICATION 41300 28500 37000 28500 28500 39000 26500 26500 34500 26400 30600 56000- NEWSPAPERS & LAW BOOKS 164000 70000 131000 66000 66000 147000 50000 50000 115000 35000 82000 57000- UNIFORM & LIVERIES 20500 18000 35000 16000 18000 38500 14000 14000 28000 5500 10500 58000- RENT, RATE & TAXES 0 0 0 0 0 0 22000 10000 35000 28100 0 59900- OTHERS (MISC.) 73300 48300 65300 48300 48300 69300 44800 44800 60300 43000 52300 50000- TOTAL COMMDTS& SERVICES 1429600 690800 2219300 1110900 642800 1692800 845300 821300 1291800 457300 864900 6-21107- TOTAL D & S COURTS 9637300 4214200 8809800 4712300 4140200 8974100 3370200 3302200 6761600 2167400 4817500 O.B

( ABDUL GHAFOOR MEMON ) R E G I S T R A R. 125 126 ihCuto id nulRpr 2002 Report Annual Sindh of Court High

THE STATEMENT SHOWING DISTRIBUTION OF THE REVISED BUDGET GRANT FOR THE FINANCIAL YEAR 2002-2003 UNDER THE HEAD "21000-JUSTICE-LAW-COURTS". ( DISTRICT & SESSIONS COURTS ) D-I

CODE PRIMARY UNITS OF SANGHAR N'FEROZE NAWAB SUKKUR KHAIR GHOTKI LARKANA SHIKAR JACOB TOTAL NO. APPROPRIATION SHAH PUR PUR ABAD 1 2 3 4 5 6 7 8 9 10 11 12 01100- PAY OF OFFICERS 777600 777600 777600 1145400 961500 961500 2064900 1145400 961500 20894100 01200- PAY OF OTHER STAFF 1519900 1519900 1519900 2247100 1883500 1883500 4065000 2247100 1883500 40943300 02200- HOUSE RENT ALLOW. 307000 307000 307000 451000 379000 379000 811000 451000 379000 8233900 02300- CONVEYANCE ALLOW. 0 5000 0 210000 0 5000 40000 0 0 2189800 02700- WASHING ALLOWANCE 9400 9400 9400 14000 11700 11700 25700 14000 11700 254900 02907- MEDICAL ALLOWANCE 84000 84000 84000 125000 104500 104500 230000 125000 104500 2282900 02936- SP. ADDL. ALLOW.(20&25%) 262400 262400 262400 393600 328000 328000 721600 393600 328000 7150200 02935- JUDICIAL ALLOWANCE 65000 65000 65000 93000 79000 79000 161000 93000 79000 1704000 03400- MEDICAL CHARGES 133000 140800 64000 104000 63000 42000 124000 55000 50000 1891800 02900- OTHER REGULAR ALLOW. 36200 36200 36200 54300 45300 45300 100000 54300 45300 1000000 03800- LEAVE SALARY 90000 0 0 0 0 0 0 145500 0 342600 00000- TOTAL ESTABLISHMENT CHARGES 3284500 3207300 3125500 4837400 3855500 3839500 8343200 4723900 3842500 86887500 40000- REPAIR & MAINT. OF D/GOODS 41000- TRANSPORT 41300 41300 41300 53300 47300 47300 83300 53300 47300 1000000 42000- MACHINERY AND EQUIPMENT 20000 20000 20000 30000 25000 25000 55000 30000 25000 546500 43000- FURNITURE AND FIXATURE 11600 11600 11600 17400 14500 14500 31400 17400 14500 315500 40000- TOTAL REPAIR & MAINTENANCE 72900 72900 72900 100700 86800 86800 169700 100700 86800 1862000 50000- COMMODITIES & SERVICES 51100- TRAVELLING ALLOWANCE 278000 347000 67000 50000 121000 52000 106000 50000 52200 2112200 51300- P.O.L. CHARGES 228000 228000 228000 310000 268000 268000 510000 310000 268000 5800100 52100- POSTAGE AND TELEGRAPH 26000 26000 32000 50000 30000 30000 94000 35000 30000 615600 52200- TELEPHONE & TRUNK CALL 68000 97000 122000 112000 87000 77000 150000 87000 132000 2686700 53300- ELECTRICITY CHARGES 58000 258000 233000 87000 123000 73000 358000 200000 373000 4743000 53400- HOT & COLD WEATHER CHR. 2000 2000 2000 4500 3000 3000 6200 4500 5000 61200 54000- OFFICE STATIONERY 42000 57000 42000 90000 90000 40000 83000 30000 55000 1164000 55000- PRINTING & PUBLICATION 28500 28500 28500 32800 30600 30600 43000 32800 30600 633200 56000- NEWSPAPERS & LAW BOOKS 66000 66000 66000 98000 82000 82000 180000 98000 82500 1796500 57000- UNIFORM & LIVERIES 8500 18000 18000 26000 10500 10500 46000 12500 10500 378500 58000- RENT, RATE & TAXES 16000 0 0 100000 0 0 0 0 0 211100 59900- OTHERS (MISC.) 48300 48300 48300 56300 52300 52300 77300 52300 56300 1089700 50000- TOTAL COMMDTS& SERVICES 869300 1175800 886800 1016600 897400 718400 1653500 912100 1095100 21291800 6-21107- TOTAL D & S COURTS 4226700 4456000 4085200 5954700 4839700 4644700 10166400 5736700 5024400 110041300 REVISED

( ABDUL GHAFOOR MEMON ) R E G I S T R A R. THE STATEMENT SHOWING DISTRIBUTION OF THE REVISED BUDGET GRANT FOR THE FINANCIAL YEAR 2002-2003 UNDER THE HEAD "21000-JUSTICE-LAW-COURTS". ( CIVIL/SUB-ODINATE COURTS IN SINDH ) D-II

CODE PRIMARY UNITS OF KARACHI KARACHI KARACHI KARACHI MALIR HYDER- THATTA BADIN DADU MITHI MIRPUR- NO. APPROPRIATION (SOUTH) (WEST) (EAST) (C) ABAD KHAS 1 2 3 4 5 6 7 8 9 10 11 12 13 01100- PAY OF OFFICERS 2888000 1565000 3109000 2116000 893000 2888000 1013000 1013000 2226000 705000 1775000 01200- PAY OF OTHER STAFF 6493000 3545000 6985000 4773000 1825000 6493000 2316000 2316000 5019000 1580000 4036000 02200- HOUSE RENT ALLOW. 1400000 759000 1502000 1024000 387000 1396000 493000 493000 1077000 335000 865000 02300- CONVEYANCE ALLOW. 856000 706000 931000 756000 581000 839000 45000 0 175000 35000 39000 02700- WASHING ALLOWANCE 56000 30000 60000 41000 15000 56000 19000 19000 43000 15000 34000 02907- MEDICAL ALLOWANCE 425700 229300 458500 311100 114600 425700 147400 147400 327500 98400 262000 02936- SP. ADDL. ALLOW.(20&25%) 1095000 596000 1177000 815000 306000 1095000 390000 390000 845000 265000 680000 02935- JUDICIAL ALLOWANCE 253000 136000 272000 185000 69000 253000 88000 88000 194000 65000 156000 ihCuto id nulRpr 2002: Report Annual Sindh of Court High 03400- MEDICAL CHARGES 113300 207000 113800 29000 53800 73300 254800 64800 107400 23600 133600 02900- OTHER REGULAR ALLOW. 214500 116000 222700 156700 58500 214500 74800 74800 165000 50000 133700 03700- CONTINGENT PAID STAFF 0 0 0 0 1400 5200 1800 1800 4000 1200 3200 03800- LEAVE SALARY 21000 0 141000 0 0 50000 0 0 0 0 0 00000- TOTAL ESTABLISHMENT 13815500 7889300 14972000 10206800 4304300 13788700 4842800 4607800 10182900 3173200 8117500 CHARGES 40000- REPAIR & MAINT. OF D/GOODS 42000- MACHINERY AND EQUIPMENT 38000 21000 40000 30000 10000 37000 13000 13000 28000 10000 23000 43000- FURNITURE AND FIXATURE 37000 20000 40000 29000 10000 37000 13000 13000 28000 10000 23000 40000- TOTAL REPAIR & MAINTENANCE 75000 41000 80000 59000 20000 74000 26000 26000 56000 20000 46000 50000- COMMODITIES & SERVICES 51100- TRAVELLING ALLOWANCE 41300 82500 134500 30200 11500 41300 64300 64300 231800 45000 100400 52100- POSTAGE AND TELEGRAPH 3000 3000 3000 3000 2000 30500 10500 10500 23000 8000 18500 52200- TELEPHONE & TRUNK CALL 264000 142500 285000 193200 71000 264000 91500 91500 203400 62000 162700 53300- ELECTRICITY CHARGES 140000 0 0 0 0 40500 14500 14500 32000 11000 25000 53400- HOT & COLD WEATHER CHR. 3000 2000 3000 2000 1000 3500 2000 2000 3000 2500 2500 54000- OFFICE STATIONERY 50000 28000 54000 37000 16000 50000 18000 18000 38000 14000 31000 55000- PRINTING & PUBLICATION 25000 13700 27000 18000 7700 25000 9000 9000 19000 8000 15000 56000- NEWSPAPERS & LAW BOOKS 129000 69000 139000 95000 35000 129000 45000 45000 99000 30000 79000 57000- UNIFORM & LIVERIES 20300 13300 21200 16300 9800 20300 16800 10800 15800 8800 15800 58000- RENT, RATE & TAXES 0 0 0 0 0 0 0 33000 25000 16700 0 59900- OTHERS (MISC.) 110000 61000 119000 81000 33000 110000 39000 39000 85000 29000 68000 50000- TOTAL COMMDTS& SERVICES 785600 415000 785700 475700 187000 714100 310600 337600 775000 235000 517900 6-21107- TOTAL CIVIL/SUB-ORD. COURTS 14634800 8345300 15837700 10741500 4511300 14576800 5179400 4971400 11013900 3428200 8681400 O.B.

( ABDUL GHAFOOR MEMON ) R E G I S T R A R. 127 128 ihCuto id nulRpr 2002 Report Annual Sindh of Court High

THE STATEMENT SHOWING DISTRIBUTION OF THE ORIGINAL BUDGET GRANT FOR THE FINANCIAL YEAR 2002-2003 UNDER THE HEAD "21000-JUSTICE-LAW-COURTS". ( CIVIL/ SUB-ORDINATE COURTS IN SINDH ) D-II

CODE PRIMARY UNITS OF SANGHAR N'FEROZE NAWAB SUKKUR KHAIR GHOTKI LARKANA SHIKAR JACOB TOTAL NO. APPROPRIATION SHAH PUR PUR ABAD 1 2 3 4 5 6 7 8 9 10 11 12 01100- PAY OF OFFICERS 1344000 1454000 1014000 1014000 2226000 1123000 2226000 1454000 1134000 33180000 01200- PAY OF OTHER STAFF 3054000 3299000 2316000 2316000 5019000 2562000 5019000 3299000 2814200 75079200 02200- HOUSE RENT ALLOW. 652000 706000 493000 493000 1077000 546000 1077000 706000 600400 16081400 02300- CONVEYANCE ALLOW. 0 0 0 430000 0 25000 175000 25100 0 5618100 02700- WASHING ALLOWANCE 26000 28000 19000 19000 43000 22000 43000 28000 24300 640300 02907- MEDICAL ALLOWANCE 196500 212900 147400 147400 327500 163700 327500 212900 180000 4863400 02936- SP. ADDL. ALLOW.(20&25%) 515000 555000 390000 390000 845000 430000 845000 555000 472700 12651700 02935- JUDICIAL ALLOWANCE 116000 126000 87000 87000 194000 97000 194000 126000 106000 2892000 03400- MEDICAL CHARGES 45900 181800 34500 100000 76300 55300 60300 40000 42100 1810600 02900- OTHER REGULAR ALLOW 100000 107500 75300 75300 165000 82500 165000 107700 90500 2450000 03700- CONTINGENT PAID STAFF 2400 2600 1800 1800 4000 2000 4000 2600 2200 42000 03800- LEAVE SALARY 0 0 0 0 0 0 0 0 0 212000 00000- TOTAL ESTABLISHMENT 6051800 6672800 4578000 5073500 9976800 5108500 10135800 6556300 5466400 155520700 CHARGES 40000- REPAIR & MAINT. OF D/GOODS 42000- MACHINERY AND EQUIPMENT 17000 18000 13000 13000 28000 14000 28000 18000 18000 430000 43000- FURNITURE AND FIXATURE 17000 18000 13000 13000 28000 14000 28000 18000 16000 425000 40000- TOTAL REPAIR & MAINTENANCE 34000 36000 26000 26000 56000 28000 56000 36000 34000 855000 50000- COMMODITIES & SERVICES 51100- TRAVELLING ALLOWANCE 19100 145600 64300 94900 206800 15900 131800 30000 17500 1573000 52100- POSTAGE AND TELEGRAPH 13900 15000 10500 10500 23000 11600 23000 15000 12800 250300 52200- TELEPHONE & TRUNK CALL 122000 132200 91500 91500 203400 102000 203400 132200 112700 3021700 53300- ELECTRICITY CHARGES 19000 21000 14500 14500 32000 16000 32000 21000 17400 464900 53400- HOT & COLD WEATHER CHR. 1700 1700 1700 1700 3200 2200 3200 1700 6000 49600 54000- OFFICE STATIONERY 24000 25000 18000 18000 38000 20000 38000 25000 23000 583000 55000- PRINTING & PUBLICATION 12000 12600 9500 9500 19000 10500 19000 12600 12000 293100 56000- NEWSPAPERS & LAW BOOKS 59000 65000 45000 45000 99000 50000 99000 65000 56600 1477600 57000- UNIFORM & LIVERIES 11800 12300 9800 9800 15800 10300 15800 12300 10800 277900 58000- RENT, RATE & TAXES 18500 20500 0 50000 0 10300 0 20500 0 194500 59900- OTHERS (MISC.) 51000 55000 39000 39000 85000 43000 85000 55000 48300 1274300 50000- TOTAL COMMDTS& SERVICES 352000 505900 303800 384400 725200 291800 650200 390300 317100 9418600 6-21107- TOTAL C/SUB-ORD. COURTS 6437800 7214700 4907800 5483900 10758000 5428300 10842000 6982600 5817500 165794300 REVISED

CODE PRIMARY UNITS OF KARACHI KARACHI KARACHI KARACHI HYDER- THATTA BADIN DADU MIRPUR NO. APPROPRIATION (SOUTH) (WEST) (EAST) (C) ABAD KHAS 1 2 3456 78 9 1011

ihCuto id nulRpr 2002: Report Annual Sindh of Court High 01200- PAY OF OTHER STAFF 582100 323400 582100 323400 711500 258700 258700 388100 291000 02200- HOUSE RENT ALLOW. 89300 49600 89300 49600 110000 40000 40000 59500 44600 02300- CONVEYANCE ALLOW. 64000 57600 64000 57600 65000 12000 0 20000 0 02907- MEDICAL ALLOWANCE 34500 19200 34500 19200 42200 15400 15400 23000 17300 02936- SP. ADDL. ALLOW.(20&25%) 67200 37300 67200 37300 82100 29900 29900 44800 33600 02900- OTHER REGULAR ALLOW 64800 36000 64800 36000 79200 29800 29800 43200 32400 03800- LEAVE SALARY 21900 12200 21900 12200 26700 9800 9800 14700 11000 00000- TOTAL ESTABLISHMENT 923800 535300 923800 535300 1116700 395600 383600 593300 429900 CHARGES 50000- COMMODITIES & SERVICES 51100- TRAVELLING ALLOWANCE 5900 3300 5900 3300 7200 2700 2700 4000 3000 50000- TOTAL COMMDTS& SERVICES 5900 3300 5900 3300 7200 2700 2700 4000 3000 6-21107- TOTAL P & S ESTABLISHMENT 929700 538600 929700 538600 1123900 398300 386300 597300 432900 O.B.

( ABDUL GHAFOOR MEMON ) R E G I S T R A R. 129 130 ihCuto id nulRpr 2002 Report Annual Sindh of Court High

THE STATEMENT SHOWING DISTRIBUTION OF THE REVISED BUDGET GRANT FOR THE FINANCIAL YEAR 2002-2003 UNDER THE HEAD "21000-JUSTICE-LAW-COURTS". ( PROCESS SERVING ESTABLISHMENT ) D-III

CODE PRIMARY UNITS OF SANGHAR N'FEROZE NAWAB SUKKUR KHAIR- LARKANA SHIKAR JACOB TOTAL NO. APPROPRIATION SHAH PUR PUR ABAD 1 2 3456 78 9 1011 01200- PAY OF OTHER STAFF 291000 323400 291000 485100 323400 550000 323400 323400 6629700 02200- HOUSE RENT ALLOW. 44600 49600 44600 74400 49600 84500 49600 49600 1018400 02300- CONVEYANCE ALLOW. 0 8000 0 5300 0 17000 0 0 418200 02907- MEDICAL ALLOWANCE 17300 19200 17300 28800 19200 32600 19200 19300 393600 02936- SP. ADDL. ALLOW.(20&25%) 33600 37300 33600 56000 37300 63400 37300 37300 765100 02900- OTHER REGULAR ALLOW 32400 36000 32400 61200 36000 54000 36000 36000 740000 03800- LEAVE SALARY 11000 12200 11000 18300 12200 20700 12200 12200 250000 00000- TOTAL ESTABLISHMENT 429900 485700 429900 729100 477700 822200 477700 477800 10215000 CHARGES 50000- COMMODITIES & SERVICES 51100- TRAVELLING ALLOWANCE 3000 3300 3000 4800 3200 5500 3200 3200 67200 50000- TOTAL COMMDTS& SERVICES 3000 3300 3000 4800 3200 5500 3200 3200 67200 6-21107- TOTAL D & S COURTS 432900 489000 432900 733900 480900 827700 480900 481000 10282200

S.B

( ABDUL GHAFOOR MEMON ) R E G I S T R A R. STATEMENT SHOWING THE DISTRIBUTION OF THE REVISED BUDGET GRANT FOR THE YEAR 2002-2003 UNDER THE HEAD "21000-JUSTICE-LAW-COURTS" IN RESPECT OF CODE THE JUDGE PRIMARY SMALL UNITS CAUSES OF COURT, KARACHI. AMOUNT NO. APPROPRIATION 12 3 01100- PAY OF OFFICERS Rs. 222600 01200- PAY OF OTHER STAFF Rs. 697200 ihCuto id nulRpr 2002: Report Annual Sindh of Court High 02200- HOUSE RENT ALLOW. Rs. 118800 02300- CONVEYANCE ALLOW. Rs. 34700 02700- WASHING ALLOWANCE Rs. 1900 02900- OTHER REGULAR ALLOW. Rs. 15000 02907- MEDICAL ALLOWANCE Rs. 22800 51100-02936- TRAVELLING SP. ADDL. ALLOW. ALLOWANCE (20&25%) Rs. Rs. 17500 84500 51300-03400- P.O.L. MEDICAL CHARGES CHARGES Rs. Rs. 62100 50000 52100-03700- POSTAGE CONTINGENT AND PAID TELEGRAPH STAFF Rs. Rs. 30000 2300 52200-03800- TELEPHONE LEAVE SALARY & TRUNK CALL Rs. Rs. 100000 35500 53400-00000- HOT TOTAL & COLD ESTABLISHMENT WEATHER CHR. CHARGES. Rs. Rs. 1377500 1200 54000-41000- OFFICE TRANSPORT1 STATIONERYTOTAL SMALL CAUSES COURT. Rs. Rs. Rs. 11200 21100 1605900 55000-42000- PRINTING MACHINERY & PUBLICATION AND EQUIPMENT Rs. Rs. 15000 8500 ABDUL GHAFOOR MEMON 56000-43000- NEWSPAPERS FURNITURE AND & LAW FIXATURE BOOKS. Rs. Rs. 20000 10000 ( R E G I S T R A R ) 57000-40000- UNIFORM TOTAL REPAIR & LIVERIES & MAINTENANCE Rs. 4000 59900- OTHERS OF DURABLE EXPENDITURE GOODS (MISC.) Rs. Rs. 20000 46100 131 50000-50000- TOTAL COMMODITIES COMMDTS& & SERVICES SERVICES Rs. 182300 6-2111 THIS PAGE BLANK

132 High Court of Sindh Annual Report 2002 SUBORDINATE COURTS SANCTIONED STRENGTH

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134 High Court of Sindh Annual Report 2002 8 SUBORDINATE COURTS—SANCTIONED STRENGTH

8.1 Number of Subordinate Courts

SUBORDINATE JUDICIARY Number of Courts as on 31-12-2002

NAME OF THE COURTS SANCTIONED WORKING VACANT TOTAL

District & Session Judge 21 19 2 21

Additional District & Session Judge 89 75 14 89

Senior Civil Judge 82 74 8 82

Civil Judge 95 90 5 95

Judicial Magistrate 119 112 7 119

GRAND TOTAL 406 370 36 406

High Court of Sindh Annual Report 2002: 135 8.2 Number of Judicial Oﬃcers of Subordinate Courts

SUBORDINATE JUDICIARY Number of Judicial Officers as on 31-12-2002

UNDER EX- WAITING FOR NAME OF THE COURTS WORKING TOTAL SUSPENSION CADRE POSTING

District & Session Judge 18 - 38 3 59

Additional District & Session Judge 75 - 14 1 90

Senior Civil Judge 73 1 6 - 80

Civil Judge 88 2 7 - 97

Judicial Magistrate 110 2 2 1 115

GRAND TOTAL 364 5 67 5 441

136 High Court of Sindh Annual Report 2002 LEGAL RESEARCH, LIBRARY AND AUTOMATION PLAN

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138 High Court of Sindh Annual Report 2002 9 HIGH COURT OF SINDH LIBRARY

9.1 Library Branch of High Court of Sindh The Library of the High Court of Sindh is one of the modern law libraries in the country. The Library is fully automated. It has been well equipped to deal with the needs of Judges and Oﬃcers of the court. The Library has a collection of about 41587 volumes of law books both international and national, law journals/reports, Gazette of Pakistan, latest edition of the Pakistan Code, Sindh Government Gazette containing Acts and Ordinances, encyclopaedias and other general books. The Library subscribes to 56 law journals/reports from diﬀerent parts of country and the rest of the world. A major part of the library collection has been built up through purchases. The Senior Puisne Judge is incharge Judge of the Library.

9.2 Library Services The Library is primarily meant for the use of Judges and Oﬃcers of the Court. Accordingly, the Library provides bibliographical aid and reference service to the Judges as well as Oﬃcers. A list of new books is circulated among the Judges and is also displayed on the notice board of the Library. To deal with increasing information pertaining to collection, storing and retrieval, the Library is preparing to utilise the technology available for automating the management of such information. Essentially, this means the employment of computers and computer software to handle the tasks of library housekeeping, like acquisition, cataloguing, circulation control, serials control, information storage, retrieval and dissemination. For the purpose of introducing automation in the library, the computer based retrieval system named Library Management System (LMS) was started in 2001. At present, the library has one PC with one terminal & a printer being used for storage and retrieval of data. Books can now be located in the computer by author, title and subjects.

10 HIGH COURT OF SINDH AUTOMATION PLAN

The High Court of Sindh is pursuing vigorously a detailed automation plan for the High Court as well as for the Subordinate Judiciary. The plan essentially deals with hardware and software requirements for implementing and attaining case law management, a case-flow system, as well as an information system to cater to the needs of the Judges and Judicial Officers. The plan was initiated during the period of Chief Justice Mr. Justice Nasir Aslam Zahid, however, progress was made only after the appointment of a System Analyst in 1997. It was then that a Computer Branch was established in the Court. At that time there was only one un-branded old computer (486DX) available in the Court in the MIT branch. A clerk of the Court had been deputed to work as operator on the computer. The then Member Inspection Team guided the System Analyst about the working of the Court for the purpose of developing software applications such as disposal/pendency system of the Subordinate Judiciary and leave system for the staff of the Courts. Mr. Justice (Retd.) Amanullah Abbasi supervised the overall process of computerisation. In coordination with Mr. Justice S. Ahmed Sarwana, 33 IBM computers were purchased in 1999. The then Registrar, Mr. Justice Wahid Bux Brohi, also guided the System Analyst in understanding the working of this Court and in developing software programs. The System Analyst continued to work with two clerks for about two and a half years. The rest of computer staff was appointed in

High Court of Sindh Annual Report 2002: 139 2000. The Computer Department, today, includes one system analyst, two programmers, two data processing officers, one assistant and one data-coder. After the retirement of Mr. Justice Amanullah Abbasi, the automation plan is being supervised by Mr. Justice S. Ahmed Sarwana with most Judges contributing to the process for the benefit of the Judiciary and the general public. As a result, 9 DELL computers were purchased in 2000, while 15 un-branded computers and 20 local branded computers (J-Pet) were purchased in 2001 along with facilities for networking. The computerisation of Judges Library of the Court has been undertaken because of the special attention and guidance of the Senior Puisne Judge, Mr. Justice Sabihuddin Ahmed. The donation of 5 computers from Sir Syed University is because of the efforts of Mr. Justice Sarmad Jalal Osmany. Mr. Justice Zahid Kurban Alavi, Mr. Justice Wahid Bux Brohi and Mr. Justice Mushir Alam have also been guiding the system analyst. In addition to this, 14 computers were donated by the Asia Foundation to the Court. The District Pilot Courts project is due to the efforts of Mr. Justice Muhammad Sadiq Laghari, the present Registrar of the Court, Mr. Abdul Ghafoor Memon, as well as Mr. Z.A.K. Sherwani, present D.J. Karachi Central. The foundations for automation having been successfully laid, an actively functioning Computer Branch has been established with 97 computers including one Server Computer. Networking of 69 nodes has been installed in various branches of the Court. The staff of Computer Branch have developed software for different applications. A yearly plan for computerisation has also been made, and this is followed up and revised from time to time. A Computerisation Committee has been constituted by the Chief Justice comprising Mr. Justice S. Ahmed Sarwana, Mr. Justice Wahid Bux BrohiandMr.JusticeMushirAlam. Among the computer applications and systems developed by the Computer Branch of the High Court of Sindh are the following:

1. Case Flow Management System (CFMS). The purpose of this application is to maintain complete information of cases of the High Court of Sind (Principal Seat) from institution to disposal. This application will also work in the Circuit Courts when the required computers and networking facility is provided. The programme has been analysed and designed by Mr. Abdul Rasheed Mahar, System Analyst and Mr. Safdar Abbas, Programmer. The application is based on the following modules:

(a) Case Institution and Case File Management Module (b) Cause List and Case History Module (c) Case Diary and Court Proceedings Module (d) Module for Online Court Proceedings watched on TV/Computer/Web (e) Module for Notices and Summons (f) Module for Case Consignment, Recording and Transfer (g) Module for Pendency and Disposal of Cases 2. Subordinate Judiciary Information System (SJIS). The purpose of this application is to maintain complete information on the Subordinate Judiciary including Judicial Of- ﬁcers, Courts, cases, vehicles and Buildings. The programme has been developed by Mr. Abdul Rasheed Mahar, System Analyst and Mr. Shakeel Ahmed Qazi, Data Processing Oﬃ- cer (DPO). The application has the following modules:

(a) Personal Information of Judicial Oﬃcers (b) Transfers and Postings (c) Seniority List (d) A.C.Rs., Complaints, Worth and Conduct

140 High Court of Sindh Annual Report 2002 (e) Leaves of Judicial Oﬃcers (f) Disposal and Pendency of Cases (g) Budget and Accounts Management (h) Vehicle Information (i) Assets Information 3. Library Management System (LMS). The purpose is to maintain and manage information on books including recording and retrieval. Developed by Mr. Abdul Rasheed Mahar, System Analyst, Mrs. Ishrat-ul-Nisa, Programmer, Mr. Shakeel Qazi, Data Processing Oﬃcer (DPO) and Mr. Muhammad Asif, Data Coder (Data feeding). 4. Programs Developed for the Administration.

(a) Personnel Information System (PIS) (b) Budget Management System (BMS) (c) File Tracking System (FTS) (d) Website of the Court

Programmes and applications planned for the future include:

1. Case Law Information System. This is a subscription through Oratier (Pvt.) Ltd. (a Lahore based company having joint venture with PLD Publishers). 2. Accounts Management System for the Nazir Branch (approved by the Chief Justice) 3. Revised Pendency/Disposal System for the Inspection Branch (approved by the Chief Justice) 4. Revised Subordinate Judiciary Information System for all the District courts of Sindh (approved by the Chief Justice)

It is to be noted that most of the applications go through a lengthy process, take months to be ready for data input, making queries and printing reports, and will take longer to mature. Main- tenance of these applications is also a regular process. The computer branch, as per requirements of the users of the concerned branches, is making regular modiﬁcations and enhancements in the programs. Some of the other services rendered by the Computer Branch include:

1. The staﬀ of Computer branch provides training to the staﬀ of the Court in particular in the operation of computers and the applications developed by the Branch. 2. It handles all software/hardware complaints from 97 users of computers of the High Court as well as the Circuit Courts. 3. Technical support is also provided the District Courts of Karachi.

The data provided above has been excerpted from a report written by the System Analyst of the Court.

High Court of Sindh Annual Report 2002: 141 THIS PAGE BLANK

142 High Court of Sindh Annual Report 2002 SINDH MEDIATION CENTRE

High Court of Sindh Annual Report 2002: 143 THIS PAGE BLANK

144 High Court of Sindh Annual Report 2002 11 SINDH MEDIATION CENTRE

1. The Mediation Process 1.1 The mediation process conducted by the Sindh Mediation Centre [“Centre”] is to be governed by this mediation procedure. 1.2 Parties to a dispute or negotiation seeking mediation may initiate the same by sending in a request for mediation to the Centre. Such a request should state the nature of the dispute, the names, addresses and contact numbers of the parties to the dispute, their representatives and advisors. 1.3 Where not all the parties to a dispute have initiated mediation, the Centre will - a within 14 days from the date of request contact the remaining parties to persuade them to participate in the mediation process; and b within 21 days from the date of request inform all parties whether mediation can proceed. 1.4 The mediation process will involve the parties, their representatives, and/or advisors (if any) and the Mediator or Mediators. The mediation will be conducted in conﬁdence, and all communications will be on a “without prejudice” basis. 2. Mediation Agreement 2.1 Before mediation is carried out, the parties will enter into an agreement [“the Mediation Agreement”] based on the Model Mediation Agreement in relation to the conduct of the mediation. 3. The Parties 3.1 Generally, individuals should attend the mediation in person. In the case of corporate enti- ties, the parties may appoint representatives to the mediation. The parties will confer upon their representatives the necessary authority to settle the dispute. The parties will supply to the Centre and the Mediator the names of the representatives and advisors attending the mediation seven days before the commencement of such mediation. 3.2 The Mediator will determine the steps to be taken during the mediation proceedings after consultation with the parties. The parties will be deemed, upon signing the Mediation Agreement, to have accepted and will be bound by the terms of this procedure. 4. The Mediator 4.1 Upon the parties’ entry into the Mediation Agreement, the Centre will appoint a person to act as the Mediator or several persons as Mediators. 4.2 The Centre in the selection will choose a person who, in its view, will be best placed to serve as the Mediator. In the event that any of the parties has reasons to object to a choice, the Centre will appoint another person. 4.3 A person selected as Mediator will disclose any circumstances likely to create an impression of bias or prevent him from acting promptly. The Centre upon receipt of such disclosure will appoint another person as the mediator, unless the parties decide otherwise.

High Court of Sindh Annual Report 2002: 145 4.4 The Mediator will - a prepare himself appropriately before the commencement of mediation; b abide by terms of the Mediation Agreement and the Code of Conduct; c assist the parties in the drawing up of any written settlement agreement; and d in general, facilitate negotiations between the parties and steer the direction of the discussion with the aim of finding a mutually acceptable solution. Unless expressly requested by all the parties involved, the Mediator will not make any ruling/finding with respect to the dispute. 4.5 The Mediator (or any member of his firm or company) should not act for any of the parties at any time in connection with the subject matter of the mediation. The Mediator and the Centre are not agents of, or acting in any capacity for, any of the parties. The Mediator is not an agent of the Centre. 5. The Centre 5.1 The Centre will make the necessary arrangements for the mediation, including - a appointing the Mediator; b organising a venue and assigning a date for the mediation; c organising an exchange of summaries of cases and documents; and d providing general administrative support. 5.2 The Centre, together with the Mediator, will assist in drawing up the mediation agreement, if necessary. 6. Exchange of information 6.1 The parties will exchange through the Centre, at least five days before the Mediation, the following - a a concise summary [“the Summary”] stating its case; and b if necessary, copies of all documents referred to in the Summary and which are to be referred to during the Mediation. 6.2 Each party may also send to the Mediator, through the Centre, or bring to the Mediation, documents which it wishes to disclose only to the Mediator, stating clearly in writing that the contents of these documents are to be kept confidential by the Mediator and the Centre. 6.3 The parties should try to, through the Centre, agree to the maximum number of pages of each other’s Summary and documents. They should also try to agree on a joint set of documents. 7. The Mediation 7.1 The Mediation will be conducted in confidence, and no transcript or formal record will be made. No audio-visual recording will be made of the proceedings. Only the Mediator, the parties and/or their representatives and advisors will be permitted to be present during the mediation.

146 High Court of Sindh Annual Report 2002 7.2 All communications made in the Mediation, including information disclosed and views expressed, are made on a strictly “without prejudice” basis and shall not be used in any proceedings.

7.3 The Mediator may obtain expert advice in technical matters with the consent of the parties who shall bear the expenses incurred.

7.4 The Mediator may conduct joint meetings with all, or separate meetings with each of the parties, whether before or during the mediation.

7.5 In the event that no settlement is reached, and at the request of all parties and the Mediator agrees, the Mediator will produce a non-binding written recommendation of the terms of settlement. Such a recommendation will only be the Mediator’s own assessment. Except with the consent of the Mediator and of all parties, it shall not be used in any proceeding of whatever nature.

8. Settlement agreement

8.1 No settlement reached in the Mediation will be binding until it has been reduced to writing and signed by or on behalf of the parties.

9. Termination

9.1 Any of the parties may withdraw from the Mediation at any time by giving notice of with- drawal in writing to the Mediator and the other parties.

9.2 The Mediation will terminate when -

a a party withdraws from the Mediation;

b a written settlement agreement is concluded;

c the Mediator decides that continued mediation is unlikely to result in settlement; or

d the Mediator decides that he should withdraw from the Mediation for any of the reasons stated in the Code of Conduct.

10. Stay of Proceedings

10.1 Unless the parties otherwise agree, the Mediation will not prevent the commencement of any suit or arbitration, nor will it act as a stay of such proceedings.

11. Conﬁdentiality

11.1 All persons involved in the mediation will keep conﬁdential and not use for any collateral or ulterior purpose -

a the fact that mediation is to take place or has taken place;

b any views expressed, suggestions or proposals of settlement made by another party in the course of the Mediation;

c proposals suggested or views expressed by the Mediator;

High Court of Sindh Annual Report 2002: 147 d the fact that another party had or had not been willing to accept a proposal for settlement made by the Mediator; and

e all information (whether oral or in writing) produced for or arising in relation to the Mediation including any settlement agreement except as directly necessary to implement and enforce any such settlement agreement.

11.2 All documents (including anything stored electronically) or any other information produced for, or arising in relation to, the Mediation will be privileged, and will not be admissible as evidence or discoverable in any proceedings connected with the dispute unless such documents would have in any event been admissible or discoverable.

11.3 The parties will not call the Mediator or the Centre (or any employee, oﬃcer or representative) as a witness, consultant, arbitrator or expert in any proceedings in relation to the dispute.

12. Fees

12.1 The Centre’s fees (including the Mediator’s fees) will be borne equally by the parties or as the parties settled them self. The fees will be charged according to the fee schedule of the Centre.

12.2 Each party will bear its own costs, expenses and disbursements of its participation and the fees of its advisors in the Mediation.

13. Waiver of liability

13.1 The Mediator will not be liable to the parties for any act or omission in connection with the services provided by him in or in relation to the Mediation, unless the act or omission is fraudulent or involves wilful misconduct.

13.2 The Centre will not be liable to the parties for any act or omission in connection with the services provided by it or in relation to the Mediation.

14. Interpretation

14.1 The interpretation of any provision in this Mediation Procedure shall be made by the Centre.

The rules contain two model mediation agreements—one for corporations/ﬁrms, the second for natural persons—a code of conduct for the Mediator and a fee schedule

148 High Court of Sindh Annual Report 2002 SINDH JUDICIAL ACADEMY

High Court of Sindh Annual Report 2002: 149 THIS PAGE BLANK

150 High Court of Sindh Annual Report 2002 12 SINDH JUDICIAL ACADEMY

The Sindh Judicial Academy was set up in May 1992 under a resolution of the High Court of Sindh, Karachi. The opening ceremony of the Academy was performed by the then Chief Minister Sindh, at which the Chief Justice and other Judges of the High Court and Senior Advocates of the High Court were present. The Academy started working the same day and training began with 35 newly recruited Civil Judges and Judicial Magistrates. In 1993, an Ordinance was promulgated to provide legal cover for the working and functions of the Academy, and in 1994 the Ordinance was replaced by an Act of the Sindh Assembly.

12.1 Functions of the Academy The functions of the Academy are:

1. legal orientation, training of members of the subordinate judiciary, law oﬃcers and members of the bar; 2. continuing education of members of the subordinate judiciary; 3. holding of conferences: seminars, workshops, and symposia for improvement of judicial system and quality of judicial work; 4. providing information on legal and constitutional research; 5. to conduct departmental examinations of members of establishment of subordinate courts and the High Court; 6. publishing of journals, memories, research papers or reports; and 7. performing such other incidental functions as may be approved by the Board or as may be requisite to further its objectives.

12.2 Teachers/Professors in the Academy The Academy has always appointed highly qualiﬁed and eminent persons as its regular Professors for imparting training at the Academy. From time to time the Academy had also been requesting eminent Advocates and retired Judges to deliver lectures on various legal matters.

12.3 The Trainees During the last 11 years, from 22nd May, 1992 to 30th June, 2003, the Academy has imparted training to over 800 participants including Additional District & Sessions Judges, Senior Civil Judges, Civil Judges, Judicial Magistrates, Police Officers, ASPs, DSPs and SHOs of Karachi, Naval Officers and Advocates. The purpose and object of the Academy is to impart training to judicial officers that is not confined to the teaching of law. A precise knowledge of and acquaintance with the English language, the language in which they are required to record evidence and write orders, is also given importance. The Academy while imparting training to the judicial officers has also been paying attention to their difficulties. In order to give practical training pertaining to the Arms Ordinance, mostly A.I.G. (Police) dealing with the subject are called to give lectures at the Academy. The trainees are taken to the laboratory to elaborate the various types of firearms and how the shells are linked to weapon used and later recovered.

High Court of Sindh Annual Report 2002: 151 12.4 Method of Training Training focuses on the understanding and application of the law on the basis facts. This objective is achieved by:

1. Giving lectures on important aspects of law, followed by assignments based upon the lectures with the aim of ascertaining whether the trainees have understood the important aspects of the lectures. 2. Requiring every newly recruited judicial officer to frame charges, write judgements in criminal cases, to frame issues and write judgements in civil cases, in at least 20 cases during the period of training. 3. The subjects in which training is imparted to the judicial officers include: (a) Interpretation of statutes; (b) Recording of evidence; (c) Writing of judgements; (d) Framing of charges and issues; (e) Appreciation of evidence; (f) Mock trials at the end of which each trainee is required to write judgements based on the evidence recorded at the mock trial. To facilitate training, the participants are divided into batches and each batch is required to attend the court of a High Court Judge/Judges for about two hours four days a week and write notes in respect of the cases they have heard, including a summary of arguments submitted by the Advocates including the observations made by the courts. The reports are submitted to the Director-General, who monitors the progress of each trainee. 4. The subject on which lectures are delivered include the criminal law, civil law, Qanun-e- Shahadat Order, family laws, General Clauses Act, Muslim laws, conduct of judges, specific relief, drugs laws, law of the juvenile systems and the ADR process.

To make the training more eﬀective and to follow up on the progress made:

1. Each newly recruited judicial officer, who has received training at the Judicial Academy, is required for a period of two years after the expiry of his training to send copies of each judgement or final order that he hands down to the Academy for purpose of monitoring by the Academy and to ascertain whether the judges are deciding cases in accordance with the training imparted to them. 2. Every bail order or order recorded under sections 249-A, 249 or 265-K of the Cr.P.C. passed by any judicial officer, other than the Sessions Judges, are to be sent to the Judicial Academy, for monitoring and approval of the Chief Justice. 3. Every month, the Academy prepares a monthly/supplementary legal letter including up- to-date judgements reported in the P.L.D., S.C.M.R., P.Cr.L.J., C.L.C. and S.B.L.R. with comments on some of the judgements. Copies of which are furnished not only to the High Court Judges, but also to the all Sessions Judges, ADJs, Civil Judges, Judicial Magistrates in the Province.

152 High Court of Sindh Annual Report 2002 The Academy had also arranged for a test held in respect of all the Civil Judges and Magistrates posted at Karachi, the question paper of the said test and the answer papers were respectively prepared and monitored by the Director General and the results of the test were submitted to the Chief Justice, indicating the level of eﬃciency of the participants. The Academy in order to enable the Subordinate Courts to build a basic library has furnished them with the copies of the P.P.C., Cr.P.C., Qanun-e-Shahadat Order, Rent Laws (with commentary), Manual of family laws, up-to-date Major Acts, and digest of Criminal cases. The campus of the Academy is presently located in two bungalows at Bath Island. Essentially funds are required for building a conference hall, hostel accommodation and to provide spacious space for the Library. The annual grant given by the Provincial Government is Rs. 3.00 Million and this is the only major source of its income, which is too meagre to provide even the basic facilities. The current syllabus followed at the Academy is as follows:

1. Civil Procedure-1 (b) Quashment (Ss. 249-A, 265-K and 561- ACr.P.C.) (a) Jurisdiction (c) Confessions and other statements (b) Bar of jurisdiction under general and (d) Remand special laws (e) Salient features of Cr.P.C. and Crimi- (c) Cause of action nal Procedure (d) Rejection of plaint, res judicata, issues, (f) Law of Identiﬁcation inherent power (g) Parole and probation (e) Principles governing interim relief (h) Charge 2. English Language, Ethics, Code of Conduct, 6. Criminal Law Drafting and Research (a) P.P.C. (b) Qisas & Diyat Ordinance (a) Drafting judgements/orders (c) Hudood Laws (b) Modern trends in the English language, (d) Control of Narcotic Substances Act grammar and style (c) Tools and methods of research 7. Civil Law-1 (d) Ethics and code of conduct for judges (a) Contract Act 3. Administration of Justice, Interpretation of (b) Limitation Act Statutes, Legal Maxims, Mock Trials and (c) Law of Torts Court Management/Procedure 8. Civil Law-2

(a) Interpretation of Statutes (a) Transfer of Property Act (b) Legal Maxims (b) Speciﬁc Relief Act (c) Precedents and Administration of Jus- (c) Intellectual Property Laws tice 9. Medico Legal Jurisprudence (d) Court Management/Procedures, Civil Court Rules/Federal Criminal Court (a) Medico Legal Examination Circulars (b) Postmortem (c) Ballistic reports (e) Mock Trials (d) Chemical Analyser’s report 4. Civil Procedure-2 10. Qanun-e-Shahadat (a) Appeal and Revision 11. Rent Laws (b) Execution 12. Jail, Juveniles, Woman, Human Traﬃcking, Immigration and Extradition 5. Criminal Procedure (a) Jail Manual/issues (a) Bail (b) Laws relating to juveniles

High Court of Sindh Annual Report 2002: 153 (c) Women issues (e) Conﬂict of law (d) Human Traﬃcking, Immigration and Extradition 15. Analytical application of the legal principles—How to apply precedents 13. Alternate Dispute Resolution (ADR) 16. Comparative study of legal decisions 14. Constitutional Law of Pakistan (a) Halsbury’s Law (a) Constitutional history (b) All England Law Reports (b) Basic constitutional principles/provisions (c) Compare Common Law, Equity (c) Privy Council (d) Constitutional provision origin of writ (d) Indian Supreme Court jurisdiction (e) Pakistani Supreme Court decisions

The details provided here have been excerpted from a report by Justice (R) Dr. Ghous Moham- mad, Director-General, Sindh Judicial Academy.

154 High Court of Sindh Annual Report 2002