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SUPREME COURT OF

ANNUAL REPORT June 2018 - May 2019

SUPREME COURT OF PAKISTAN ANNUAL REPORT June 2017 - May 2018

ANNUAL REPORT June 2018 - May 2019

Supreme Court of Pakistan ii Supreme Court of Pakistan

Supreme Court of Pakistan

Constitution Avenue, G-5/2 , Pakistan Ph: +92-051-9220581-600 Fax: +92-051-9215306 E-mail: [email protected] Web: www.supremecourt.gov.pk

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Published by: Supreme Court of Pakistan

Compiled & edited by:

Khawaja Daud Ahmad, Additional Registrar (Administration)

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

iv Contents 2. 1. 5. 4. 3. 6. . Institution of 6.4 5.6 Institution andDisposal of 5.5 5.4 Institution andDisposal of 5.3 5.2 . Institution, Disposal andPendency 6.3 Registrar’s Report Foreword by theChief Justice of Pakistan . Institution, Disposal andPendency 6.2 Overview 5.1 Court Performance 4.14 4.13 4.12 4.11 4.10 4.9 4.8 4.7 4.6 4.5 4.4 4.3 4.2 4.1 Supreme Court of Pakistan 3.4 3.3 3.2 3.1 Profiles of theChief Justice and Judges . Trend inInstitution, Disposal andPendency 6.1 DataStatistical Analysis Supreme Court Consolidated Statementof Cases Pendency of cases 2019 Statementof CourtSessions from June 2018to May 2019 Court 2001 to 2018 Role andFunctions of theChief Justice of Pakistan The Supreme Judicial Council Procedure of Inquiry, 2005 HighCourts Code of Conductfor Judges of Supreme the Courtand the The Supreme Judicial Council of Pakistan Oathof Office JudicialCommission of Pakistan Rules, 2010 Composition of the Judicial Commission of Pakistan JudicialCommission of Pakistan Courtof Pakistan Procedure for the Appointmentof Judges of Supreme the Jurisdictions of Supreme the Court Supreme CourtComposition, June 2018to May 2019 BranchRegistries Seatof Supreme Court Introduction Judges retired during June 2018to May 2019 Profiles of Ad-hocMembers Shariat Appellate Bench Profiles of Judges ofSupreme the Courtof Pakistan Profile of Chief the Justice of Pakistan of Pakistan from 1950to December, 2018 of

Judicial Petitions and of Pakistan from 1950to December, 2018 Activities Petitions & Casesfrom Appeals over of of Petitions inthe

Appeals inthe Appeals June the of 2018to May last Casesfrom Supreme CourtofPakistan six decades Supreme

74 72 65 62 59 49 48 63 3 1 47 29 5 67 70 68 43 43 41 40 39 38 38 36 36 33 32 31 31 30 27 25 8 6 8 7. ANNUAL REPORT June2018 -May 2019 .8 H.M. 8.18 8.17 8.16 Ishaq KhanKhakwani andanother 8.15 .4 Khawaja Muhammad 8.14 8.13 8.12 8.11 .0 Mst. 8.10 8.9 Pakistan International 8.8 . Justice Muhammad Farrukh Irfan Khan, 8.7 . Maula Bux 8.6 . National Commission onStatus 8.5 Civil 8.4 8.3 Kanwar 8.2 . Notice to Police Constable Khizer 8.1 Important CasesDecided by theSupreme Court Expatriate ’ 7.3 Institution, Disposal andBalance of 7.2 7.1 Human Rights Cell Government Board of Revenue Mian Sohail Ahmed andothers Vs. The State andothers Muhammad Ali Rajpar andothers AbuBakar Farooq through Chairmanandothers Vs. Chairman andothers others and others Prosecution Province of Punjab throughSecretary Punjab Public and others Suo Moto CaseNo.7 of 2017 others Federal Government Pakistan throughChairman andothers Vs. Zaeem Court, others of Baltistan Muhammad YousafVs. State The of Criminal Appeal No.259 of 2018 Criminal Appeal No.28-L of 2013 from June 2018to May 2019 May 2019 Human RightsCell Pakistan through Aviation Laila Qayyum Extraction Ghee andOil Industries (Pvt.) Lahore QureshiAziz andanother

Anwar Shaikh andothers Vs. Department of Authority Vs.

Dr. Ali, Special through Federation of Nadeem Rizvi Vs. Secretary

through Wing Asif Airlines Corporation andanother Fawad Qayum

Vs. and

Vs. Judicial Magistrate: In the Supreme Institution & Muhammad Law another Vs. Establishment Secretary Pakistan of Chief Hayat:

and Women Vs. Casesfrom Appellate Court

Vs. Railway Minister Justice Judge, Lahore High Health Disposal of In the Muhammad Vs. Division and Board through Ltd. Government Matter Sindh and June Department Vs. Cases Matter 2018to Gilgit- & Rafique Federal of

Vs.

98 97 96 95 94 94 93 92 92 91 90 89 88 87 85 84 83 82 81 75 78 76 76

Contents v vi Supreme Court of Pakistan

9 The Court and Its Registries 99 9.1 Introduction 100 9.2 The Principal Seat at Islamabad 101 9.3 Branch Registry at Lahore 103 9.4 Branch Registry at Karachi 104 9.5 Branch Registry at Peshawar 106 9.6 Branch Registry at Quetta 107 9.7 Information Technology Section 108 9.8 Record Weeding Section 109 9.9 Court Museum 109 9.10 Court Library 111 9.11 Supreme Court Research Centre 112 9.12 Allocated Budget & Expenditure of the Court. 113 9.13 Staff Welfare Fund 117 9.14 Beneficiaries of Begum Qurrat-ul-Ain Ramday Welfare Trust 117 9.15 Organizational Chart of the Court 118 10. Pictorial Presentation of Events 121 11. Activities of the Chief Justice of Pakistan and Judges 143 11.1 Federal Judicial Academy 144 11.2 Law and Justice Commission of Pakistan 145 11.3 Foreign Tours of the Chief Justice and Judges 151 11.4 Nominations of Hon’ble Serving/Former Judges / officers of 152 this Court in respect of different Institutions/Organizations 12. Supreme Court of Pakistan and the Media 153 13. Information on the Administration of Justice 181 13.1 Present Composition of the and 182 High Courts 13.2 Sanctioned Strength of Judges in Subordinate Judiciary 185 13.3 Strength of Law Officers in the office of Attorney 186 General for Pakistan 13.4 Strength of Law Officers in the office of General 186 13.5 Strength of Law Officers in the office of Prosecutor General / 187 Director General (Prosecution) 13.6 Advocates on the Rolls of the Supreme Court 188 13.7 Strength of Advocates Enrolled with the Bar Councils 188 13.8 Affiliated Law Colleges with Universities 188 13.9 Judicial Hierarchy 194 14. Former Chief Justices, Judges and Registrars 195 14.1 Former Chief Justices of Pakistan 196 14.2 Former Judges of the Supreme Court 197 14.3 Former Registrars of the Supreme Court 201 Contents ANNUAL REPORT June 2018 - May 2019 vii

Justice for All Judicial Anthem

The toil, the sweat, the tears and the blood, Make up the labor for the land begot. The freedom is won, but the chains are clung, There are miles to cover, The voyage is tough and the weather is rough, The odyssey begins; The Founder declares his vision Of Democracy, Faith, Tolerance and Compassion. Discriminate the State shall not Thou may belong to any religion, creed or caste. Oh! The vision is distorted, the march is thwarted, Castles in the sand, babes in the woods, Recipes of fall abound in the books. The nation is cut, the land is bled When the message is lost, a die is cast, The wages are loud, Beware of the clouds. Long live the message, the Lamp and the rays That glow The Temple, which holds the scales, Pinning the dreams, the hopes and the oath Of Justice for All

By Hon’ble Mr. Justice , Former Chief Justice of Pakistan viii Supreme Court of Pakistan

Mr. Justice Asif Saeed Khan Khosa Chief Justice of Pakistan 1 establishing amodel smartIT Court in Islamabad High efforts for of Registration Syed Mansoor Mr. (IT) Committee justice. responsibility major brunt of between andbenefited cities thelitigants bearingthe touring of millions of and judicialhistory milestone crossed by Court through video-link was another important Principal Seat andalltheBranch Registries of this Introduction of terms of expeditious paved the way for decidingthousandsof casesinan same order or judgement. These measures not only dealing with thesamelegalissuesor arisingoutof the and appeals for and tax,to nameafew. as criminal,service, labour, NAB,banking,election constituted to hear In theSupreme Court specialBenches were courts across thecountry. expediting trialsby criminal in theSupreme Court, andthesecond related to focused onclearance of backlog of casespending a two-pronged strategy After the performance of hierarchy, asdelay the issueof Justice of In January 2019, tookwhen I oath astheChief that mandate. them allfor the Islamic Republic of Pakistan. Icommend andthank expeditious and hard Judges andstaff and targets Iam fulfilled. Pakistan with many important milestones achieved It was another busy year history inthejudicial of Report of theSupreme Court of Pakistan 2018-19. It is with great pleasure that Ipresent the Annual (In the nameofAllah,the MostBeneficent, the MostMerciful) Foreword by the ChiefJusticeofPakistan ANNUAL REPORT June2018 -May 2019 thisCourt andtheteam of curtailingdelays andmultiplicity Justice MushirAlam lengthy breakthrough indischarge of I mustthanktheInformation theexpenses. cost and work to ensure provision of Pakistan, oneof

making Rupees and Judges andstaff their backlog of manner justice, asmandated by Authority was clubbingof discussion of

Ali Shah asitsMember, theIT of anE-Court system connecting the providing expeditious andinexpensive of tireless effortstowards fulfilment of FOREWORDBY THECHIEFJUSTIEOP thisCourt, headedby time. inconclusion of this dream areality. of thisCourt for different categories of the butalsobenefited thelitigants in thisCourt intheconstitutional Pakistan. (NADRA)for casesat all tiers of The saidstep proved to bea huge amount of

Judiciary with Hon’ble Mr. Another was evolved. with allrelevant stakeholders, very my andonlawyers commuting establishment of petitions andappeals theNational Database grateful to my aims This technique used asaninstitution. their cases our their of was to address theConstitution of initiative saved Technology inexpensive and The first petitions fullestsupport Apart from that constitutional timespent on Hon’ble tireless Justice was hurting thejudicial casessuch brother model staff part

successful that trialsof criminalcases, which previously area of The first phaseof Initiative (EJI) approved andlaunchedtheExpeditious comprising of National are undermined.During thelastjudicial the efforts relentlessly inordinate delays andprotracted trialproceedings public bringtheir The trialcourts are thefirst forum to situation It ishoped expeditious the High Courts have constituted Special Benches for pleased to statethat thingshave started improving and workload in an efficient andsystematic manner. Iam and and discussing had theprivilege of the caselaw the latest decisionsof thisCourt besidesreviewing Realizing review of policiesto keep pace with thedevelopment. States andtheir globalization of The unprecedented advancement of technology and of Court, Islamabad, which will decidecases with theuse with institutionof with huge backlogs andthesituation kept that the various High Courts were alsoconfronted It isamatter developments inlaws. keep the Judges of thisCourt abreast of thelatest issues brief research onquestionsof interdisciplinary, analytical,historical andcomparative established intheSupreme Court. This Centre provides decision-making, amodernResearch Centre hasbeen of Another and appealsduringthelastone year. Court hasalsodecidedthousandsof Court inthenear to achieve zero pendency such appealsare actively completely before thisCourt since the year 1994hasbeen the backlog of thousandsof criminalappealspending modernIT current environment could leadto ineffective Judges different AKISTAN criminaltrialsandtheInitiative hasproved so issuethat received our Judicial would improve that

that through better monthly wiped outandtheremaining few disposal of of of techniques, isactively alltheChief which has lack

with their great pleasure for

various foreign jurisdictionsto necessitating institutions continuous world hasposednew (Policy disputes for future. In additionto theabove, this thisInitiative fresh of

visiting different High Courts newsletters reporting gistof

strategies for proper beingmadeby banking,taxandrevenue cases. Making) Committee (NJPMC), cases onadaily worked respective law. in the beingattended to. of

Justices inthecountry,

criminalappealsinthis research resolution butdueto The Research Centre casemanagement the High Courts as attention serious was launched inthe wonders meto report that dealing CHAPTER beingconsidered. Chief other challenges to which the and the basis.I year Justice

weak in thefield. Judiciary Justices worsening with the petitions

the We hope dozens of well. analysis

was

1 1 Foreword by the Chief Justice of Pakistan 2 Supreme Court of Pakistan

used to conclude in years, are now being completed in shared with the Federal and Provincial Governments. days and all this has been achieved without any change Establishment of Complaint Redressal Centres by of law or procedure and without any extra expense. the police in each District has started delivering Under this Initiative Model Criminal Trial Courts are results and has greatly helped in reducing the burden established in all the 116 Districts in the country and of unnecessary litigation on courts. Constitution initially one serving Session Judge or an Additional of District Assessments Committees to review the Session Judge was designated to preside over such reasons for frequent acquittals is another initiative courts in each District and later on more judges were taken through the Police Reforms Committee which designated as such in every nook and corner of the would improve the quality of investigation. country. Subsequently, the Initiative was expanded and Model Trial Magistrates Courts and Model Civil Delivery of justice is a heavy responsibility which is to Appellate Courts were established throughout the be discharged honestly, faithfully and in accordance country. In the next phase, Model Family Courts and with the constitution and the law without fear or Model Rent Courts are also going to be established in favour, affection or ill-will. I am confident that the every District of the country. judiciary, at all levels, shall continue to dispense justice in all circumstances and uphold constitutionalism by Through another initiative of the NJPMC Gender- promoting rule of law in the country. based Violence Courts have also been established throughout the country and about one hundred Before concluding, I must acknowledge and appreciate judges of trial courts have already been imparted the meritorious services rendered by Hon’bleJustice training in that field with the assistance of the Asian , my predecessor, and Hon’ble Justice Development Bank for which we are very grateful. Sh. Azmat Saeed, who retired during the last year. Such specialised courts have already commenced During this period Hon’ble Justice Qazi Muhammad their work in all parts of the country. These initiatives Amin Ahmad and Hon’ble Justice Amin-ud-Din Khan are being acknowledged as a silent revolution taking were appointed as Judges of this Court and their place in our justice sector and are catching attention appointment has been hailed by all and sundry. I internationally. have no doubt in my mind that through the strong commitment and professional excellence of its Hon’ble The Law and Justice Commission of Pakistan has Judges the Supreme Court shall keep on performing already undertaken various initiatives for ensuring its role of being the flagbearer of constitutionalism and implementation of rule of law through organizational rule of law in the country. and legislative reforms, including constitution of the Police Reforms Committee comprising of all the serving and some retired Inspectors-General of Police in the country. The Committee prepared acomprehensive Justice Asif Saeed Khan Khosa report regarding organizational and operational Chief Justice of Pakistan improvements in the police and that report was 2 and Mr. of Mr. Former During thisperiod,Mr. were disposedof andoverall pendency stood at 3109. and Bar cause lists were issuedinadvance. The Bar Councils discouraged. In order to facilitate advocates, proposed etc. Unnecessary cases i.e.civil,criminal,service cases andbanking were constituted to decidedifferent categories of cases. summer the Hon’ble at principalseat as well asat branch registries and to thelitigants, appropriate benches In order goalsand the achieved duringthe year 2018-19. functioning andachievements of This report aimsto share information about Registrar’s Report ANNUAL REPORT June2018 -May 2019 the pendency applications/ complaints at 10841and duringthereported period 97885 new 2018 pendency of casesinHuman Right Cell stood and vulnerable segments of society. On 1st June applications/ complaints from thepoor, downtrodden During theperiod,Human Rights Cell received the overall pendency to 43053. period 19564cases were decided,thereby reducing pendency 2019, 22526new stood at 40091.From 1st June, 2018to 31stMay, On 1st June, 2018pendency of thecasesinCourt fixation of the measures adopted for hisoffice on17.01.2019. Justice Cases Chief

to provide inexpensive andexpeditious justice and Associations expressed great satisfaction over Justice Qazi Muhammad figures to 62617.However, duringthis cases. Yahya Judges winter were categorized andSpecial benches

figures to 108726outof Justice of adjournments REGISTRAR’S REPORT Afridi from Peshawar cases

volunteered to vacations to clear Justice Mian Saqib Nisar, Pakistan laiddown therobes were filed, were received, court administration and Two new were avoided and theSupreme Court Amin work inthe which raised the were constituted thebacklog of

Judges namely High Court Ahmad from

which 105617 which raised the

209 of Registrar Muhammad Arif Arbab period under report. Enquiry 2005,itdisposedof 96casesduringthe 1973 andSupreme Judicial Council Procedure of was alsoheldon13thNovember, 2018. Hon’ble former Ahmed complaints. remained functionalandconsidered superior Courts. The Supreme Judicial Council nominations for Courts held14sessionsandrecommended 36 Pakistan onappointment of Judges inthesuperior throughout period. the The Judicial Commission of associated former Sajjad Full Court Reference inthememory Court of Pakistan, was heldon12thNovember, 2018. Burhanuddin Khan,Hon’ble former Iqbal, Mr. former of October, 2018.Full Court Referencethe memory in Judges Supreme Court of Pakistan, was on22nd held and Mr. in 07.07.2018, 10.09.2018,06.02.2019&30.04.2019 Court of were elevated to theSupreme Chief of were considered. Full Court Reference memory inthe Various late Mr. late Mr. which matters relating to administration of

Justice of Ali Shah andMr. theConstitution of Chief Chief Junejo andMr. Justice Zaffar Pakistan. Full Court meetings Committees andconstitutional bodies Justice Ch.Ijaz Justice Saiduzzaman Siddiqui, Hon’ble Justice Nasim Hassan Shah Hon’ble former with theCourt have beenactively After

Justices of Justice of

Pakistan, Mr. Judges, Supreme Court of appointment andelevation to the dueprocedure Hussain Mirza, Hon’ble former Pakistan, Mr. Justice Hamid Justice Pakistan, Mr. Ahmed andMr. Islamic Republic of Justice Rana , Hon’ble enshrined in CHAPTER

Judges, Supreme of various Justice Dr. Ali Mirza, Justice Mukhtar late Mr. were heldon Justice Mian Pakistan, Bhagwandas

Court engaged Article Pakistan Justice Javed

2 3 Registrar’s Report 4 Supreme Court of Pakistan

Auditorium Supreme Court of Pakistan Auditorium Supreme Court of Pakistan Supreme Auditorium 3 PROFILES OF THE CHIEF JUSTICE AND JUDGES

CHAPTER 3

PROFILES OF THE CHIEF JUSTICE AND JUDGES

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 6 Supreme Court of Pakistan

3.1 Profile of the Chief Justice of Pakistan

MR. JUSTICE ASIF SAEED KHAN KHOSA

Date and place of birth: University of Cambridge, in 1977 December 21, 1954 Dera Ghazi Khan, Pakistan LL.M.: Master of Laws degree from Queens’ College, University of Cambridge, United Kingdom in Marital status: 1978 with specialization in Public International Law in Married. Blessed with two daughters and four the subjects of the Law of Peace, the Law of War and grandchildren Armed Conflict, the Law of International Institutions and the Law of Civil Liberties Educational qualifications: -at-Law: Called to the Bar on 26.07.1979 Matriculation: Fifth position in the Board of at the Honourable Society of Lincoln’s Inn, London, Intermediate and Secondary Education, in United Kingdom 1969 Awarded the National Talent Scholarship Legal practice:

Intermediate: First position in the Board of Intermediate (a) Enrolled as of the Lahore High Court and Secondary Education, Lahore in 1971 on 13.11.1979 Government College, Lahore (b) Enrolled as Advocate of the Supreme Court of Awarded the National Talent Scholarship Pakistan on 12.09.1985 (c) Handled thousands of cases of constitutional, B.A.: First position in the in criminal, civil, service, revenue and election laws 1973 as an Advocate Supreme Court and High Court Government College, Lahore (d) Over 600 cases conducted as an Advocate Awarded the National Talent Scholarship reported in various Law Reports of the country (e) Served as a Member of the Library Committee M.A.: Master of Arts degree in English Language and and as a Member of the Executive Committee of Literature from the University of the Punjab in 1975 the Lahore High Court Bar Association, Lahore

Tripos-I: Law Tripos, Part I, from Queens’ College, 5. 4. 3. 2. 1. Teaching experience: 7. Chief 6. 5. Edited andcompiled ‘The Constitution 3. 4. 2. 1. Publications: ANNUAL REPORT June2018 -May 2019

Sciences (LUMS) and theLahore University conducted by theLahore High Court, Lahore; of thePunjab; Training Course forCivil Judges Administration Department of Training Institute of National Police Academy, Islamabad; Staff Institute of Civil Services Academy, Lahore; National Visiting lecturer of Constitutional Law at the 1996 to 1998 Pakistan College of Law, Lahore, Pakistan from Part-time lecturer of Constitutional Law at the to 1996 Punjab LawCollege, Lahore, Pakistan from 1995 Part-time lecturer of Constitutional Law at the from 1986to 1992 Punjab Part-timelecturer of Constitutional Law at the University, Multan, Pakistan from 1982to 1985 University Part-timelecturer of Constitutional Law at the 1988 law reports andnewspapers ofcountry the since constitutional andlegalissuespublishedinmajor Scores of articlesandresearch papers ondiverse to 1998 process of Fourth book:‘Breaking New Pakistan) Road, Lahore, Pakistan andreprinted every 2008 by Pakistan, 1973’ Road, Lahore, Pakistan) Third book:‘Judging (published in1989by (published in1997by Second book:‘Constitutional 1995 Pakistan) First book: Editor by University

Kausar PLD

completion) ‘Heeding Public of Law Publishers, Key

Brothers, I-Turner with allamendments upto date

Administration (NIPA), Lahore; College, Law Law theServices andGeneral with Passion’ the Kausar Kausar

Reports (KLR)from 1989 Constitution’ College, 35-Nabha of Ground’ Apologues’ Bahauddin Management Brothers, I-Turner Brothers, I-Turner theGovernment (published in Lahore, Road, Lahore, (inthe Road,

(published of

Zakariya Pakistan Lahore,

year)

in the Lahore ElevatedBenchtothe appointedand a as Judgeof the Judicial experience: A Some other honours: and Trinidad andRussia Cyprus, United States of of Ireland,Bermuda, Turkish Republic of Northern Mauritius, Malaysia, Nigeria, Turkey, Scotland, Republic , Nepal, Canada, conferences, seminars andsymposia heldin , Attended andrepresented Pakistan ininternational and addressed: Conferences, seminars andsymposia, etc. attended period of twenty-one about andahalf years sofar Decided aboutfifty-seven thousandcasesover January 18,2019 Supreme Court of Pakistan Chairman of theShariat Appellate Bench of the Chairman of theSupreme Judicial Council of Pakistan Chairman of the Judicial Commission of Pakistan Academy, Islamabad, Pakistan Chairman, Board of Selection Committee for Pakistan since 2004 Servingas amember of theRhodes Scholarship Canada since June 2008 Commonwealth Elected member Education Institute, Halifax, Canadain2006 Conferred Fellowship of theCommonwealth Judicial Appointed asthe26 17, 2018to December 2017, May 2017 to June 11,2017, June 29,2017to July 05, Acted astheChief Justice of Pakistan from June 05, date on February 18,2010andservinginthat capacity till Appointed asa Judge of theSupreme Court of Pakistan 1998 founding member second High 14,2018to May highest Court, of Judicial theBoard of Governors of of Lahore Court th Tanzania, United Kingdom, Chief Justice of Pakistan on theSAARCLAW 23,2018 Education Institute, Halifax,

America, of (a 30,2018andDecember

the court Directors of theFederal CHAPTER Japan, Italy, country) of

appeal

on the Judicial Tobago May which a

21,

is 3 7 PROFILES OF THE CHIEF JUSTICE AND JUDGES 8 Supreme Court of Pakistan

3.2 Profiles of the Judges of the Supreme Court of Pakistan

MR. JUSTICE

Born on 2nd February, 1957, at Karachi, Pakistan, in Ottawa and Toronto, Canada and conferred Fellowship the family of distinguished of Karachi Mr. by the Institute. Notified as Senior Puisne Judge of the Noor Muhammed. He did his early education from High Court of Sindh on 14th February, 2011. Elevated Gulistan School, Karachi and obtained B.A. Degree as Judge of the Supreme Court of Pakistan on 16th from Government National College, Karachi and LL.B. November, 2011. Attended “International Judicial Degree from S. M. Law College, Karachi. Enrolled as Conference” as Co-Chair for thematic group “Parental an Advocate on 18th January, 1986 and as an Advocate Child Abduction & Transnational Jurisdiction” held on of the High Court on 4th April, 1988 and then as an 19-21 April, 2013 at Islamabad. Attended Workshops Advocate of the Supreme Court of Pakistan on 15th of Federal Judicial Academy, Islamabad. Participated September, 2001. Elected as Honorary Secretary in the “Competition Law Workshop for Asia-Pacific of the Bar Association, Karachi, Judges” held on 15-17 October, 2014 at Seoul, for the year 1999-2000. Practised mainly on the Korea. Gave an informal lecture on “Judiciary and Civil Corporate side and remained Legal Advisor of Judicial System of Pakistan” at the Seattle University, various Multinational and Local Companies, Banks and School of Law, USA, on 27th October, 2014, with Financial Institutions. question and answer session. Attended “Workshop at Economics Institute for Competition Judges” held Elevated as Judge of the High Court of Sindh on 27th on 1-6 March, 2015 at Singapore and “12th Meeting August, 2002. Remained Member Board of Governors, of the Chairmen of Supreme Court of SCO Member Institute of Business & Technology, NED University States” held on 25-27 October, 2017 at Tashkent, of Engineering & Technology, Sir Syed University of Uzbekistan. Participated in the fund-raising event for Engineering & Technology, Iqra University, Ahmed E.H. “Diamer Basha & Mohmand Dam” in December, 2018 Jaffer Foundation and Agha Khan University, Karachi. at Seattle, USA. Attended “X International Conference Remained Chairman, Enrollment Committee of Sindh on Compulsory Execution” held in July-August, 2019 Bar Council, Karachi. Also remained Chairman of the at Moscow, Russia. Notified as Chairman of the Development Committee & I.T. Committee of the Disciplinary Tribunal, Pakistan Bar Council; Enrolment High Court of Sindh, Karachi. Attended 2009 Study Committee, Pakistan Bar Council and Enrolment Tour for Pakistani Judicial Officials on “International Committee of AORs. Notified as Member of Building Cooperation in Terrorist Cases” sponsored by the Committee of the Supreme Court of Pakistan and Office on Drug and Crime at Vienna, Senior Member of Committee for Law Clerkship Bonn and Berlin. Attended “18th Intensive Study Program so also as Judge Incharge Administration, Programme for Judicial Educators” conducted by Supreme Court Establishment. Remained Acting Chief Commonwealth Judicial Education Institute, Canada Justice of Pakistan from 20th – 28th November, 2018 held on 5-24 June, 2011 with sessions at Halifax, and 13th – 17th May, 2019. at Fort and . prosecute thecasesbefore the Accountability Courts Appointed asSpecial Prosecutor, NAB in2001to Islamabad inthe year 2000for aperiodof one year. Appointed asDeputy Court, Lahore andRawalpindiBench. prosecuting highprofile casesbefore theLahore High in 1997and was aMember of theLegal Team Appointed asSpecial Prosecutor, by EhtesabBureau Development He was appointed,as Legal Advisor to theLahore Supreme Court of Pakistan. in 1981andsubsequently, asan Advocate of the enrolled, asan Advocate of theLahore High Court independent practice inLahore in1980and was After working in various chambers, started his enrolled, asan Advocate in1978. Rawalpindi andafter completion of apprenticeship was Joinedlegal profession the inthesame year at Campus, Lahore andobtained LL.B.Degree in1978. Joined the Graduated from Sir Cambridge from theSt. Mary’s basic Born on28 SH JUSTICE MR. ANNUAL REPORT June2018 -May 2019 . AZMAT education from thesamecity. Did hisSenior Punjab University th August, 1954at Rawalpindi. Completed Authority Syed College, Rawalpindi in1974. SAEED Prosecutor in1996. Law Academy General, NABat College, Old in1970.

Italy, various countries, includingUSA, Germany, UK,, his personal andprofessional commitments, has visited financial crimesandmoney laundering.On account of He participated intheinternational conference on transactions, both insideandoutsidePakistan. in negotiations of various commercial andfinancial 1 Elevated as Judge of theSupreme Court of Pakistan on Governors, National College of In June 2006,nominated asMember of theBoard of as Judge of theLahore High Court on1.12.2005. Court from 1.12.2004andonconfirmation took oath, Appointed asan Additional Judge of theLahore High Korea. , Sri Lanka, Maldives, Thailand andSouth (Australia) inadditionto Inquiry includinginproceedings heldat Malborne also appeared, asan Advocate before theCricket andLahore High Court. He and Banking Courts High andthe Courts of Sindh, conducted alarge number of casesbefore theCivil During thecourse of three years. Taught intheQuaid-e-Azam Law st June, 2012. June, Australia, Turkey, Singapore, UAE, Malaysia, legalprofessional career, litigation. He

Arts. College, Lahore CHAPTER was also

involved for

3 9 PROFILES OF THE CHIEF JUSTICE AND JUDGES 10 Supreme Court of Pakistan

Judicial Academy • Chairman DPC of Law & Justice Commission of Pakistan • Chairman DSC Supreme Court of Pakistan • Judge In-charge IT Affairs of Supreme Court. Taken litigant-friendly initiatives towards transformation of litigation process in the Supreme Court of Pakistan through introduction of Information Communication Technology (ICT) techniques integrated with other emerging technologies, including Artificial Intelligence (AI) in judicial research & administrative regime to make judicial working more efficient, responsive, quicker and qualitative. E-Courts established at the Principal Seat Islamabad equipped as dedicated video link Courts connected with the four Branch Registries from Peshawar, Lahore, Karachi and Quetta simultaneously have resulted in conducting proceedings in real time. All stakeholders including Ministry of Law & Justice, NADRA, Bureau of International Narcotics and Law Enforcement Affairs, US Department of State, US Department MR. JUSTICE of Justice and COMSATS Islamabad through MUSHIR ALAM their untiring efforts and dedication are providing assistance to materialize the vision of expeditious and inexpensive justice through the application of Born to a lawyer family on 18.8.1956. His Grandfather, information technology. Moulvi Abdul Rauf, served as counsel for Mahraja • Chairman National Judicial Automation of Gawaliar State. His late father, Mr. Muhammad Committee Akram was leading senior lawyer of his time. His late uncle, Mr. Manzar Alam, a veteran worker of Pakistan Spearheading Committee of Technology Experts Movement, also served the legal profession as an including that of National University of Science outstanding lawyer. He is the third generation of his and Technology (NUST) to evolve a centralized family in legal field. He did his LLB from S.M.Law automation solution for judiciary. College, Karachi. Joined Karachi Bar, in 1981. Enrolled • Administrative Judge of Supreme Court Research as an Advocate High Court in 1983. Center Professional Experience It is working on making taglines and keywords Played active role in Bar activities. Held office of of about 1300 judgments/orders of this court Honorary Joint Secretary and then as General which are available on the website of this Court, Secretary High Court Bar Association Karachi. Elected for convenience of the whole legal community in as Member . Appointed as Standing searching the relevant case law. Counsel for in 1998 held last Participations in international Symposiums/ two positions till elevation to the Bench on 20th April Conferences 1999. Elevated as a Judge of the Hon’ble Supreme Court of Pakistan on 20th September 2013. • Conference on the Role of the Constitutional Court in Realization of the Principle of the Worked for all Pakistan Trade Union Congress, an and Human Rights affiliate of Brotherhood of Asian Trade Union (BATU), Protection held in Uzbekistan in October, 2015 Worker Confederation of Labour (WCL), Nominated as link person in Pakistan, for the implementation • Dubai International Financial Centre Courts (DIFC) of International Labour Standard or ILO Norms in held in U.A.E. in March, 2018. Pakistan. Attended large number of regional and • Seminar for Judges from SCO Member States held international conferences and workshops under the in China in April, 2019 auspices of APTUC, BATU, WCL and ILO. • Headed Study Tour arranged by U.S. State Administrative Profile Department’s Bureau of International Narcotics and Law Enforcement Affairs (INL) conducted in • Member Judicial Commission of Pakistan July, 2019 from Washington D.C. and Boston. • Member Supreme Judicial Council • Member Law & Justice Commission of Pakistan • Member Administrative Committee of Federal Justice Umar and property matters. After 1993until hiselevation, Pakistan. Court until hiselevation as Judge of Supreme Court of he served for two years asChief Justice, Lahore High Judiciary and Constitutional ruleinthecountry. Later, andcivilsociety movement for revival of the a Judge of theLahore High Court asaresult of the under PCO in November, 2007but was restored as Lahore High Court on04.12.2004.He declinedoath Justice Umar Paris. before international arbitral tribunalsinLondon and matters before theSupreme Court of Pakistan andalso commercial disputes. He appeared inarbitration Bandial dealtmostly In hislaw Advocate of theSupreme Court of Pakistan. the Lahore High Court andsome years later, asan London. In 1983, he was enrolled asan Advocate of and qualifiedasBarrister-at-Law a Law degree from Columbia University, USA Peshawar education at different schoolsinKohat, Rawalpindi, Lahore. He received hiselementary andsecondary Justice Umar U JUSTICE MR. ANNUAL REPORT June2018 -May 2019 MAR ATA BANDIAL

Tripos degree from Cambridge University, UK practice at Lahore andLahore. He secured hisB.A.(Economics)

Ata Bandial alsohandledinternational Ata Bandial Ata Bandial

with commercial, banking,tax was elevated as was born Justice Umar from Lincoln’s Inn, on 17.09.1958in followed by

Judge of Ata the

(2015); andthe13 Judicial Commonwealth Regional Consultative Meeting on on International Criminal Law Justice Umar also publicinterest issues. pronouncements onConstitutional Law matters and public law andprivate law issues. These include Bandial rendered judgments onanumber of important and theSupreme Court of During hiscareer while serving Judge Lahore High Court. remained amember University He taught Contract Law and Torts Law at thePunjab (2018). Supreme Courts of SCO Member States at Beijing Services Commission Model Law Law

Ata Bandial attended: aLaw College, Lahore until 1987and as th of Conference of Presidents of Judge of itsGraduate Studies Committee Pakistan, theLahore High Court at Hague (2012); the CHAPTER Justice Umar

Kuala Lumpur Seminar

Ata

3 11

PROFILES OF THE CHIEF JUSTICE AND JUDGES 12 Supreme Court of Pakistan

MR. JUSTICE QAZI FAEZ ISA

Born on October 26, 1959 in Quetta, Justice Qazi Faez Courts and Supreme Court of Pakistan and had also Isa is the son of the late Qazi Mohammad Isa of Pishin, conducted international arbitrations. He also served on who was in the forefront of the , the boards of the largest bank of Pakistan, the Security and the grandson of Qazi Jalaluddin, the Prime Minister and Exchange Commission of Pakistan and of the of Kalat State. Justice Isa’s father was the first person Qauid-e-Azam Mazaar Management Board. from the province to acquire the Bar-at-Law degree and after his return from London helped establish Prior to his elevation Justice Isa regularly wrote on the All India in Balochistan and was the Constitution, Law, and Environment and his nominated by Quaid-e-Azam as the President of the articles were published in Pakistan premier English Provincial League and had the distinction of serving as newspaper. He also co-authored the book: “Mass the only member on the Central Working Committee Media Laws and Regulations in Pakistan” and authored of the All India Muslim League from Balochistan. the Report: “Balochistan: Case and Demand”.

Begum Saida Isa, Justice Isa’s mother was a dedicated After the proclamation of emergency of November social worker and worked in an honorary capacity 3, 2007, he elected not to appear before judges on the boards of hospitals and other charitable who had violated their oath. Subsequently, after the organizations focusing on education, children and Supreme Court declared the action of November 3, women’s health issues. 2007 unconstitutional, all the then judges of the High Court of Balochistan tendered their resignation, and Justice Isa was called to the Bar of England and Wales on August 5, 2009 Justice Isa was directly elevated (Middle Temple, 1982) and enrolled as an advocate of to the position of Chief Justice of the High Court of the and as an advocate of the Balochistan. Supreme Court from Balochistan. He practiced law for over 27 years before all the , At the time of his elevation Justice Isa was the solitary the Federal Shariat Court and the Supreme Court of judge in the High Court. He nominated judges, all of Pakistan. He became a member of the Balochistan whom were confirmed, and thus reestablished the High Court Bar Association, Sindh High Court Bar High Court of Balochistan. He reopened the High Association and Life Member of the Supreme Court Court at Sibi which had remained closed for a number Bar Association of Pakistan. of years, and acquired land for the construction of the High Court at and approved the design of its Before Justice Isa’s elevation to the High Court he building. He then went on to upgrade all the courts was a senior partner and head of litigation in one of in Balochistan focusing on facilitating access and Pakistan’s leading law firms. He rendered his services providing facilities to the public. Justice Isa introduced as amicus curiae when called upon by the High a system of transparent induction of officials and 2017 SCMR637,658E). of Suo Motu Regarding Eligibility of Chairman,etc., back door of nepotism and/or corruption ” would befar superior to the inept allowed in through the ofcandidates, qualified astheir “performanceand work in the process of selection andappointment respectively” of Sindh were directed to “ensurecomplete transparency perform itsstatutory The Sindh Public Service Commission was directed to federal regulatory authority, by theSindh Legislature. services’ whilst strikingdown theimpositionof BoardCivil Aviationv Authority legislative domain”, upon the rights of the other nor encroach on the other’s “Neither the Federation nor the provinces shouldinvade at 1158-1209). Federation of Pakistan, PLD2015Supreme Court 410, military the Constitution, which enabledthetrialof civilians by in thecaseassailing Twenty-first Amendment to rendered by Justice Isa. He wrote apowerful dissent The following are extracts from notable judgments He isalsoat painsto safeguard thepublicinterest. adhere to theConstitution andtheRule of Law. Justice Isa’s and isblessed with three grandchildren. married to for 36 years. He hasasonanddaughter He now Supreme Court of Pakistan onSeptember 5,2014. Justice Qazi Faez Isa took oath asa before beinginvited for aninterview. a seriesof post was advertised andeach applicant hadto sitfor posts inthesubordinate judiciary were filled.Each During histenure alarge number officers intheHigh Court after advertising suchposts. ANNUAL REPORT June2018 -May 2019 court (District Bar lives inIslamabad imposed exams andacquire aminimumpassmark judgments reflect astrong desire to on theCivil wrote role andittheGovernment Justice Isa (Sindh Revenue

Association, Rawalpindi with his Aviation , 2017SCMR1344) of wife

Judge of vacant judicial ‘sales on tax Authority, a who he’s been ( In thematter the v

Supreme Court (Rasheed Ahmad v Federation of Pakistan, PLD2017 exchequer isnot there to besquandered in this manner” competent counsel the government engages. The public and secondly, they have to pay again for the services of firstly, they have to pay for incompetent law officers, appointed. In such ascenario the publicsuffers twice, question would arise why have incompetent persons been its law officers are capable of handlingcases then the exchequer. If agovernment contends that noneamongst have ahostof law officers who are paidoutof the public “The Federal Government and the provincial governments 1548) or for any other ulterior reason” wrote Justice Isa. protect or save aparticular individual(as was donein WP compelling reasons andin the publicinterest andnot to The state canonly engage “private counsel for HumayunNAB, PLD2017Supreme v Court 194). warned aboutit,butitseems to noavail” devastates lives; this Court hasrepeatedly noted and will belet off. The rising tide of insidiouscorruption if onesurrenders only the amount which was seized he instead, the message that emanates from NAB is that, accountable all those persons accused of suchpractice’; NAB Ordinance] to ‘eradicate corruption and to hold the Chairmanrunscounter to the stated object[of the Rs.699,967,958; “theacceptance of the pleabargain by caught red-handed with anastronomical cacheof governmentservanta bargain whowas with castigated when itproposed to enter into aplea The National of 2016,2017SCMR683,699G). a matter of grave publicconcern” implementing andexecuting of projects/schemes; which is and balances andcircumventing the prescribed manner of massive funds,avoiding established methods of checks rupees. A smallcliqueof persons isputincharge of these executing projects andschemes worth 105,906,940,000 Special Initiative Department it was observed that theSindh Coal Authority andthe the helmof theSindh Coal Authority were noted and The blatant illegalitiescommitted by thepersonnel at Accountability 121).

Bureau (NAB) were “implementing and

( Suo Motu CaseNo.19

CHAPTER ( Khalid was 3 13

PROFILES OF THE CHIEF JUSTICE AND JUDGES 14 Supreme Court of Pakistan

MR. JUSTICE MAQBOOL BAQAR

Hon’ble Mr. Justice Maqbool Baqar belongs General and were deposed for to a respectable family of Karachi, Sindh. His lordship the time being. However, after the momentous and was born on 5th of April, 1957. Having acquired remarkable movement by the lawyers and efforts basic education from some of the best institutions made by the members of the civil society for in Karachi, his lordship did his LL.B from University restoration of judiciary, after the revival of of Karachi and was enrolled as an Advocate to democracy in Pakistan in the year 2008, his lordship practice law in the year 1981. During his stint as along with brethren Judges were restored to office. lawyer, his lordship conducted all types of cases The Hon’ble Judge was appointed as Chief Justice especially in corporate law. His lordship was elevated of the High Court of Sindh on 20th of September, to the Bench on 26th of August, 2002 as Additional 2013. As Chief Justice of the High Court, he took Judge of the High Court of Sindh and confirmed on in hand a number of reformative initiatives so as to 26th of August, 2003. His lordship was one of those better and plight of the Subordinate Judiciary Judges who demonstrated courage in upholding the in the Province of Sindh besides pronouncing ‘Rule of Law’ in the country and refused to take fresh some important verdicts. On 17.2.2015 his lordship oath under the Provisional Constitution Order was elevated as a Judge of the Supreme Court of No. 1 of 2007 after the Emergency imposed by Pakistan. an Fitness Certificates to the Advocates for enrolment as Court), ChairmanEnrolment Committee for Tribunal (since 2012tillhiselevation to Supreme Banking Courts inthePunjab andEnvironmental Court), High Court and Member, Administration Committee of Lahore years (2005to 2009).He hasalsoremained Chairman LahoreHigh Court Bar Association,for five consecutive Chairman Election Board, for conducting electionsof its elected President tillhiselevation. He remained Legal law. In the year 2005, Justice Malik founded Free respectively. His area of practice was mainly criminal of Pakistan andHigh Courts since 2001and1989, a practicing elevated to theBench on15.09.2009. He hasbeen Hon’ble Mr. MANZOOR AHADALIK JUSTICE MR. ANNUAL REPORT June2018 -May 2019 and Pakpattan, ChairmanRules Committee (High Inspection Advocate Aid Society Administrative Judge of (since 2011tillhiselevation to Supreme Advocate at theHon’ble Supreme Court Justice Manzoor of

the for Districts andSahiwal Hon’ble Helpless (FLASH)andremained Judge of Supreme

Ahmad Malik

Anti-Terrorism and Court was issuance of of

Pakistan,

06.11.2015. elevated to theSupreme Court of Pakistan on Hon’ble London (23-29March, 2014). Lord Presiding security interrorism cases” invited by theSenior to theUKto discussprotecting witnesses andcourt Graduate Studies (LL.M) Committee of Court Rules &Orders) of for organized by in Criminal Proceedings”in (Holland) Law–Meeting International Human Rights Standards includes two foreign tripson“Training In International National/International judicialconferences Lahore. Justice Malik alsoparticipated innumerous Member Law

Judicial College, University Justice Gross, Royal Courts of Mr. Syndicate, Government College University, Judge for Expertise (18-25 Justice Manzoor

Asia Foundation and England and of Lahore High Court, Member, thePunjab, Lahore and

April, 2012)and“Visit

Ahmad Malik Wales CHAPTER The Hague Forum

Justice Strand

University The Rt. Hon. was which

3 15

PROFILES OF THE CHIEF JUSTICE AND JUDGES 16 Supreme Court of Pakistan

MR. JUSTICE SARDAR TARIQ MASOOD

Hon’ble Mr. Justice Sardar Tariq Masood was born on 11.03.1959 in a noble family of village Saroha, Tehsil Kallar Syedan District Rawalpindi. After doing Bachelor of Law, His lordship started practicing law in the year 1985 at District Rawalpindi and was enrolled as an Advocate High Court in the year, 1987. His lordship ascended to be an Advocate Supreme Court of Pakistan in the year 2008. His lordship also remained as President, District Bar Association, Rawalpindi.

Hon’ble Mr. Justice Sardar Tariq Masood having been elevated as Additional Judge of the Lahore High Court, Lahore on 14.09.2009 and was confirmed on 11.05.2011. His lordship has been adorning the Bench at Lahore High Court since September 2009 and contributed many reported judgments and accepted many administrative responsibilities with heart and soul. His lordship remained Inspection Judge, , Vehari, Pakpattan Districts and Hafizabad District; Member Administration Committee, Lahore High Court, Lahore and Administrative Judge, Labour Courts, Drug Courts and Consumer Protection Courts.

Hon’ble Mr. Justice Sardar Tariq Masood was elevated as Judge, Supreme Court of Pakistan on 06.11.2015. 1 Federationthe of Pakistanits Standing as Counselfrom of rejoined hisprofession after resigning from theoffice February Sindh, hejoinedthelaw Mr. Fakharuddin G.Ebrahim becameGovernor Arab & he establishedhisown Lawname of firminthe Faisal and worked with himupto October, 2000 whereafter Mr. this country andaformer Judge of theSupreme Court took internship inthelaw firmof aleadinglawyerof commenced hisjourney asalawyer in1989 when he of theSupreme Court in2005. Justice Faisal Arab of theHigh Court inthe year 1992andas Advocate Advocate of thelower courts in1990,as Advocate on 25 elevated as Additional Judge of theSindh High Court Judge on25 Hon’ble Mr. F JUSTICE MR. ANNUAL REPORT June2018 -May 2019 High Court, hecloseddown hislaw firm. st AISAL R Governorship, hejoinedhimagaininOctober October, 2004till24 Justice (Retd) Fakharuddin G.Ebrahim. th October 2005andconfirmed aspermanent Associates. 1990and Justice Faisal th October, 2006. After hiselevation to the AB Justice Faisal when Mr. Fakharuddin G.Ebrahim firmSurridge &Beecheno in th October, 2005.He was then Arab was enrolled asan Arab also worked for When of 1990

On 17 unbiased manner. the trialinHigh treason mostfair caseinthe and of highesteem becameevident when heconducted 1973. Election Commission of Pakistan on21 of theHigh Court, he was appointed asMember, high treason under Member Federal Review Board. On 20 2009. On 16 Court of Pakistan on14 months, he was elevated as Judge of theSupreme performing hisdutiesasChief Justice for aboutten as Chief Justice of High the Court of Sindh andafter PCO of November 2007andonly joinedthejudiciary after oath under who withstood allpressures andtemptationstotake was amongstthose Judges of theSindh High Court It istruly remarkable to note that Justice Faisal Arab to try Presidentof theSpecial Court that was established 2013 he was assignedtheresponsibility asthe was lifted. During the period General (R)Pervaiz Musharaf th Justice Faisal February 2015, Justice Faisal Arab took oath theProvincial Constitutional Order th June, 2011he was appointed as theHigh Arab’s truereflection as th December, 2015. Treason (Punishment) CHAPTER he remained for th theoffence of st

November November, a

Judge (PCO) Judge Act,

3 17

PROFILES OF THE CHIEF JUSTICE AND JUDGES 18 Supreme Court of Pakistan

MR. JUSTICE IJAZ UL AHSAN

Mr. Justice Ijaz ul Ahsan was born on 05.08.1960 in He was awarded chevening scholarship by the Murree. He received his early education at Lahore. British Council to study commercial law in the United He was admitted to , Lahore Kingdom. in 1975 from where he graduated in 1979 with a scholarship of merit. He also received a fellowship from the South Western Institute for International Studies at Dallas, USA of His Lordship joined the Punjab University Law College, which he is an alumni. Lahore where he won various awards including a gold- medal for his academic achievements. He also secured While practicing as an advocate, he taught contract a top position in the All Pakistan Universities Summer and commercial law for many years. Moot arranged by Higher Education Commission at Khanas Pur, Nathia Gali. His lordship was elevated to the Bench on 15.09.2009. He was confirmed as a Judge of the Lahore High Court After completing his LL.B studies, he joined law on 11.05.2011. During his tenure as a Judge of the practice and completed his apprenticeship in civil and Lahore High Court his lordship attended the following criminal law. Thereafter, he proceeded to pursue post- conferences: – graduate studies at Cornell University New York, USA. He graduated in 1987 with a Master’s Degree in Law 1. National Judicial Conference 2010 at Islamabad. (LL.M). 2. National Conference on ADR (arranged by IFC) at Pearl Continental Hotel, Lahore. On his return from USA, his lordship joined law 3. International Judicial Conference, 2010 at practice with a reputable law firm of which he later Islamabad. became a partner. His law practice covered civil, 4. National Judicial Conference, 2011 at Islamabad. banking, property, commercial and constitutional 5. South Asia Conference on Environmental Justice at matters. He conducted a large number of cases before Bhurban. the High Courts as well as the Hon’ble Supreme Court of Pakistan. He also conducted a number of local and He represented the Lahore High Court in various international commercial arbitrations involving local as conferences/study visits to the United States, China well as multinational parties. and Japan.

His lordship attended a number of local and He was Inspection Judge for District Kasur, Gujranwala international conferences and professional training and Lahore. courses including those organized by Asian Bar He was appointed as the Chief Justice of Lahore High Association and the International Bar Association. Court on 06.11.2015. His lordship was elevated as Judge, Supreme Court of Pakistan on 28.06.2016. Appointments Judicial Career Activities at Bar Professional Career • • • • • • • • • • • • • • Education Khan) on14.7.1957. Born to arespectable family MAZHAR L JUSTICE MR. ANNUAL REPORT June2018 -May 2019 Institutions andBanks. Worked asChairmanEnrolment Committee of Worked asChairmanElection University. Remained asMember Syndicateof Sarhad Court on05.9.2011. Elevated aspermanent Judge of thePeshawar High 07.9.2009. Elevated to theBench as Additional Judge on Remained Legal University, D.I.Khan. visiting part-timeLecturer From the year 1998to 2000,remained as sessions 1999to 2003and2004 to 2009. Also remained Member Court Bar Remained as Vice President andSecretary High Bar Remained as Supreme Court of Pakistan in year 2003. Court in year 1984,.Enrolled asan Advocate of year 1982.Enrolled asan Advocate of theHigh Enrolled asan Advocate of theLower Courts in Ismail Khanin Obtained Law Graduated from theGomal University Peshawar in year 1973. Received hissecondary education from B.I.S.E. Provincial Bar Companies Judge.

Association D.I.Khan.

Association, D.I.Khan Bench. Vice President andSecretary, District Council, Khyber Degree from , Dera year Advisor AM KHANIANHEL 1982. of of of inLaw N.W.F.P. Bar different Firms/ Miankhel, (Dera Ismail Pakhtunkhwa at Tribunal and College, Gomal in Council, year 1979. the As Chief Justice Peshawar High Court Interests Appointments inSupreme Court of Pakistan Supreme Court of Pakistan • • • • • • • • • • • • • Academy. issues of Ministerial Staff of theHigh Court. Construction 2013. the provisions of theInvestigation for Fair Trial Act, Bench. 29 Worked asChairman,Khyber on 8 Took oath asChief Justice of Peshawar High Court Law. of keen interest inadministration of justiceRule and Throughout hiscareer, theHon’ble Remained asMember, Supreme Judicial Council. Treason (Punishment) offence of High Treason under theHigh Court Worked asPresident, Special Court for Worked as Worked asPresident, Rule Committee. Worked as Physical assets for High Court. Worked asChairman,Committee for Worked as of Peshawar High Court. Worked asChairmanof JudicialAcademy. Remained asMember, Board of Pakistan on30.12.2016. took oath as Judge ofSupreme the Court of On hiselevation to the • • th December, 2016. th Pakhtunkhwa. Monitoring-Judge, Azam University, Islamabad. Member April, 2014andgraced theChair upto Administrative Administrative Authority Work. ontheSelection Board of to conduct proceedings under Act, 1973. Apex Court of

Administration Committee ATC Courts, Khyber Judge to Liaisonthe Judge to Liaisonon Pakhtunkhwa CHAPTER Governors, Judge took purchase of theCountry, trial

Quaid-i- of Federal

Judicial

3 19

PROFILES OF THE CHIEF JUSTICE AND JUDGES 20 Supreme Court of Pakistan

MR. JUSTICE SAJJAD ALI SHAH

Date of Birth: Elevated to the Bench of Sindh High Court on 24th October, 2005. Remained Administrative Judge, 14th August 1957 at Karachi. Chairman Development Committee, Member Administration Committee, Administrative Judge for Academic Qualification: A.T.C. Sindh, Member Board of Governors for Law Colleges as well as Agha Khan Foundation and one of After receiving earlier education in different parts the founding Members of Zulfiqar Ali Bhutto University of the country did his graduation from Government of Law. Appointed as Chief Justice of the Province of Islamia College Karachi where after obtained degrees Sindh on 14th December, 2015. Appointed as Judge, of Bachelors of Law in 1984 and Masters in Law in Supreme Court of Pakistan on 15th March, 2017. 1988 from S.M. Law College Karachi.

Experience:

Entered the Legal Profession in the year 1985. Practiced at bar for 20 years and during this period represented Government of Pakistan in many important cases before the Supreme Court and the High Courts, conducted cases on behalf of various Financial Institutions. Remained as Honorary Lecturer in S.M. Law College Karachi from 1995 till elevation to the Bench. Appointed as Standing Council for Government of Pakistan in the year 2002 and thereafter as Deputy Attorney General for Government of Pakistan in the year 2004. Judicial Bencher mediator University Cambridge, UKandaMasters inEconomics from the Justice Shah has aMasters inLaw Research Centre (LHCRC). foundational role insetting theLahore up High Court He lays specialemphasisonresearchplayed and a building for thejudiciary andtheministerial staff. in order to improvetraining judicial andcapacity He helpedre-engineer Punjab Judicial Academy Supreme Court of Pakistan on7 Justice Syed Mansoor Ali Shah was elevatedas Judge, SYED MANOORALIHAH JUSTICE MR. ANNUAL REPORT June2018 -May 2019 the District automation systems at theLahore High Court andin and CivilModel Courts, casemanagement andcourt Alternate Dispute Resolution Centers (ADR),Criminal judicial andadministrative reforms andspearheaded environmental sustainability. He takes keen interest in disability law, administrative law, climate justice and several judgments onconstitutional law,rights, human from June, 2016to February,2018. He hasauthored Court from 2009to 2016andasitsChief Justice Earlier, heserved asa Judge of theLahore High Institute onEnvironment (GJIE). of from CEDR,London. He isanHonorary of Lincoln’s Inn andamember Judiciary thePunjab, Pakistan. He isanaccredited inPunjab.

th February, 2018. from University of

theGlobal

of

CHAPTER 3 21

PROFILES OF THE CHIEF JUSTICE AND JUDGES 22 Supreme Court of Pakistan

MR. JUSTICE MUNIB AKHTAR

Name: Munib Akhtar

Date of Birth: 14.12.1963

Educational Qualifications: ‘O’ and ‘A’ Levels: 1979, 1981; Aitchison College, Lahore BA., Government College Lahore (1983) B.A., Princeton University, USA (1986) LL.B, Punjab University Law College (1989)

Enrollment as Advocate: Advocate, Subordinate Courts, 1990 Advocate, High Court, 1992 Advocate, Supreme Court, 2009

Practice: Supreme Court, High Courts, principal practice at High Court of Sindh

Areas of Practice: Civil practice, focusing on commercial, corporate, arbitration and taxation matters

Teaching Experience: Taught law for one year at Law School (course on Human Rights)

Elevation: Appointed Additional Judge, High Court, 2009 Confirmed: 2011

Judicial experience: Have sat on Benches on Original Side and Appellate Side in all areas including: civil, corporate, criminal, tax, labor/service, etc. at Principal Seat and at and Hyderabad.

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

Nominated Position: Chairman/member Board of Governors, IBA, 2009- present

Elevation to Supreme Court: 08.05.2018 while inpractice. as aFederal Counsel for on 23 General for Court in2004.He served asan Assistant Advocate Court in1990andasanadvocate of theSupreme His Lordship was enrolled asanadvocate of theHigh Administrative Law. wheretaught he International Law, Labour Law and lectured went ontohis private start practice inPeshawar and Orr, Dignam &Co. inKarachi asan London, before returning to Pakistan where hejoined His Lordship interned at Fox & Studies inLondon. Commonwealth Lawyers at theInstitute of Legal selected for ascholarship program for Young at theUniversity Justice Afridi completed hisLL.M.from Jesus College After beingawarded aCommonwealth Scholarship, University, Lahore. Masters of Arts degree inEconomics from Punjab Government College Lahore andlater of Arts inPolitical Science andEconomics from College, Lahore. He went onto earnhisBachelor His Lordship received hisearly education at Aitchison tradition of publicservice. District Region andisaresident of Village Babari Banda, section Mr. YAHYA AFRIDI JUSTICE MR. ANNUAL REPORT June2018 -May 2019 Justice rd

January of Kohat. He belongsto afamily at the Yahya theprovince Khyber Afridi tribelocated Kohat inthe Frontier 1965.He belongsto the of Afridi

Law Cambridge. He

was born College, theGovernment of Khyber Gibbons, Solicitors, in University in Pakhtunkhwa and Associate. He was subsequently steeped ina obtained his Adam Khel of

of Pakistan

Peshawar

Court of Pakistan on28 office until hiselevation asa Judge of theSupreme took oath on30 Chief Justice of thePeshawar High Court when he Administered Tribal Area to assumetheoffice of the Justice Afridi becamethefirst judge from theFederally on 15 was confirmed asa Judge of thePeshawar High Court Peshawar High Court as Additional Judge in2010and His Lordship was elevated to theBench of the

th March 2012.

th

December

th June 2018. June 2016.He served inthat CHAPTER 3 23

PROFILES OF THE CHIEF JUSTICE AND JUDGES 24 Supreme Court of Pakistan

MR. JUSTICE QAZI MUHAMMAD AMIN AHMED

Born on 26th of March 1957 at Chakwal; completed early education from Government High School and Government Degree College Chakwal; obtained a law degree from the University Law College in the year 1980; enrolled as Advocate in 1981 whereafter joined a Doctoral Program in Public International Law at the University of Amsterdam and completed collateral programs in International Law & International Relations in the Institute of Social Studies, The Hague in the year 1985; started law practice in the year 1986; remained member of visiting faculty of International Islamic University Islamabad from 1986 to 1991; enrolled as Advocate Supreme Court of Pakistan in the year 1997, served as Additional Advocate General for the Province of Punjab from September 2007 to June 2009; remained Member from 2000 to 2004; elevated as Judge Lahore High Court on 7-11- 2014 and took oath of office as Judge Supreme Court of Pakistan on 24-4-2019. Professor • • Hon’ble ad-hoc Member, Shariat Appellate Bench, • POSITION HELD 6. . Certificate inFrench Language andCivilization (up 5. 4. 3. M.A. 2. Member, International Board of • . Ph.D. (Islamic Studies), Islamia University, 1. ACADEMIC QUALIFICATIONS Supreme CourtofPakistan Hon’ble Ad-hocMember, ShariatAppellate Bench, MUHAMMADAL- DR. 3.3 ANNUAL REPORT June2018 -May 2019 since March 2007. March 2007. University, Islamabad from February Research Institute, International Islamic Civilization andSocial Sciences Unit, Islamic Professor andHead of Islamic Thought, Qatar, since Supreme Court of Pakistan, since 25 recitation. to memory inaccordance with theprinciplesof Hafiz-i- Quran, i.e.committed theentire Qur’an ShahWali Allah. Doctoral Dissertation: Socio-Politicalof Thought to 5 to 8-year programme. traditional Madrasah, awarded after completing an Fazil-i-Dars-i-Nizami, i.e.Graduate and Islamic Studies. Fazil-i-Arabi (Hons.) i.e. Honours Degree in 2010. for , Muslim th Profiles of Ad-hoc Members Shariat Appellate Bench Arabic, University degree), from andHead, Quranic Studies Department Contribution to Civilization, Doha,

February Alliance Franciase, Islamabad. 2014. of thePunjab, Lahore. Experts,Centre GHAZAL I Degree from a 1999to th March Arabic Assistant Professor, Department • • • • • • • • 1991 –1993-1995). International Islamic University, Islamabad (1985- Assistant Professor, Islamic Research Institute, June 1993). University, Kuala Lumpur, Malaysia (July Associate Professor, International Islamic 1995 to Feb. 1999). International Islamic University, Islamabad (March Sciences Associate Professor andHead Islamic Social lisan al-Arabi. Open University Pakistan Television sponsored by Allama Iqbal Taught Virtual Courses of Arabic language from to October Ideology, Government of Senior Research Officer, Council of Islamic Quran (2007-2010). Associate Editor, Integrated Encyclopedia of the to-date). Institute publishedsince 1965in refereed research journalof Islamic Research Editor, 1985). University, Islamabad (October language andliterature, International Islamic Al-Dirasat al-Islamiyyah, aquarterly and Unit, Islamic Research Institute, 1981). (1978-79),under Pakistan (from

CHAPTER

1981- of

Arabic thetitle: al-

Arabic

April 1991- July (1987 1979 3 25

PROFILES OF THE CHIEF JUSTICE AND JUDGES 26 Supreme Court of Pakistan

DR. MUHAMMAD KHALID MASUD Hon’ble Ad-hoc Member, Shariat Appellate Bench, Supreme Court of Pakistan

M.A. (Gold medalist, Punjab 1962), M.A., Ph.D. (1973) Muftis and their Fatwas, Co-edited with Brinkley McGill University, Canada has formerly held the Messick and David Powers (Harvard, 1996), (Edited following positions in Pakistan and abroad: Director Volume) Islamic Laws and Women in the Modern General, Islamic Research Institute, International World (1996), (Edited Volume) Travelers in Faith, Studies Islamic University, Islamabad; Chairman, Council of on Tablighi Jama’at (Brill, Leiden 2000), Mafahim-i Islamic Ideology, Government of Pakistan, Islamabad; Qur’an, Translation of T. Izutsu’s Ethical Terms in Professor, Islamic Law, Leiden University, the the Qur’an (2005), Dispensing Justice in Islam, Qadis and Netherlands and Academic Director of ISIM, Leiden; Their Judgments, Co-edited with David S. Powers and Senior Lecturer, Centre for Islamic Legal Studies, Ruud Peters (Brill, 2006), (Edited Volume) Athharwin Ahmadu Bello University, Zaria, Nigeria. Sadi Isawi men Barri Saghir men Islami Fikr ke Rahnuma in Urdu (IRI, 2008), and Islam and Modernity, Distinguished Professor, Faculty of Law, International an Introduction to key issues and debates, co-edited Islamic University, Kuala Lumpur, Malaysia, and Visiting with Armando Salvatore and Martin van Bruinessen Professor, Collège de France, Paris. (University of Edinburgh Press, 2009), Nuqushe He has published extensively on Islamic law, Tagore(Translation of Tagore’s Fire Flies, 2012), Shari’a contemporary issues, and on trends in the Muslim Today: Essays on Contemporary Issues and Debates societies. Some of his publications are: Shatibi’s in Muslim Societies (Iqbal Institute for Research and Philosophy of Islamic Law (1995), Iqbal’s Reconstruction Dialogue, 2013) and Ummat Muslima dahshatgardi ke of Ijtihad (1995), Islamic Legal Interpretation: The gradab men (Narrative 2015). 3.4 ANNUAL REPORT June2018 -May 2019 Judges Retired during June 2018 to May 2019

MR. JUSTICE MIANSAQIB NISAR Judge, Supreme Court of Pakistan (31.12.2016 –17.01.2019) (18.02.2010 –30.12.2016) Chief Justice of Pakistan

CHAPTER 3 27

PROFILES OF THE CHIEF JUSTICE AND JUDGES 28 Supreme Court of Pakistan 4 SUPREME COURT OF PAKISTAN

CHAPTER 4

SUPREME COURT OF PAKISTAN

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 30 Supreme Court of Pakistan

Supreme Court of Pakistan

4.1 Introduction

The , 1973 provides for The Supreme Court was first created under the Parliamentary system of governance whereby the Constitution of 1956. It succeeded the Federal Court, separation of powers between organs of state i.e set up in 1948, which was successor to the Federal Legislature, Executive and Judiciary is assured through Court of India, established in 1937. Since its creation a scheme of checks and balances. The Constitution in 1956, the Supreme Court has retained its name and is supreme and all the organs have to remain within jurisdiction through the successive legal instruments their sphere. The legislature makes law. The executive including the Constitution of 1973. executes the law. The judiciary is entrusted with the responsibility to interpret the law and to ensure The Supreme Court of Pakistan consists of the Chief harmony and balance between the three pillars of the Justice and 16 Judges. The permanent seat of the Court state. The Constitution envisages that the state shall is at Islamabad, but the Court also sits, from time to time, ensure inexpensive and expeditious justice and provides at the provincial headquarters; namely, Lahore, Karachi, for independence of judiciary. Peshawar and Quetta. The Constitution stipulates the qualifications of Judges of the Supreme Court. Such The Constitution provides for the establishment of qualifications are: to be a citizen of Pakistan and having Supreme Court of Pakistan. It is the highest appellate 5 years experience as Judge of a High Court or 15 years court of the country and the court of last resort. It is the practice as Advocate High Court. final arbiter of the law and the Constitution. Its orders/ decisions are binding on all other courts in the country. The Chief Justice and the Judges of the Supreme All executive and judicial authorities are bound to act Court of Pakistan are appointed by the President on in aid of the Supreme Court. The Constitution contains the nomination of Judicial Commission of Pakistan elaborate provisions on the composition, jurisdiction, and approval of the Parliamentary Committee. A Judge powers and functions of the Court. It also provides holds office until attaining the age of 65 years, unless he qualifications for and mode of appointment of judges, resigns earlier or is removed from office, in accordance their age of retirement, grounds and procedure for their with the Constitution. removal from office and other terms and conditions of service. As guardian of the Constitution, the Court No Judge can be removed from office except on is required to preserve, protect and defend this basic grounds specified by the Constitution; namely, “physical document. or mental incapacity”, or “misconduct”, to be determined by the Supreme Judicial Council. The Supreme Court exercises original, appellate, advisory and review jurisdiction. It possesses The Constitution provides for the “independence exclusive original jurisdiction for the settlement of of judiciary” and its “separation from the executive.” inter-governmental disputes between Federal and Consequently, there prevails in the country, full Provincial Government(s) or Provincial Governments institutional and decisional judicial independence. The inter se. Under this jurisdiction, the Court pronounces Supreme Court and High Courts also possess a degree declaratory judgments. The Supreme Court can also of financial autonomy in as much as the concerned Chief exercise original jurisdiction, with respect to the Justice is authorized to re-appropriate funds within the enforcement of fundamental rights, if the case involves budgetary allocations. an issue of public importance. The Court also exercises advisory jurisdiction, where under the President may obtain its opinion on a question of law. Under its appellate jurisdiction, the Court entertains appeals against orders and decisions of High Courts and other special courts/tribunals. Supreme Court of Pakistan may sitfor two years. On 22 were appointed to betheplaces where aBench of the appoint. TheMain Registry ofCourtthe remained at of theCourt shallbeat such place asthePresident may formade Courtthe establishing at Islamabad, seatthe the President may appoint. However, until provision is places Chief asthe Justice of Pakistan, with approval of Court shallbeat Islamabad anditmay sitat suchother providedbeen that permanentthe seat of Supremethe shall appoint.It wasprovidedalso therein that courtthe with theapproval of thePresident, from timeto time such other places astheChief Justice of Pakistan may, Peshawar and entertained intheBranch Registries at Lahore, ordersof respectivethe High Courts wouldreceivedbe for specialleave to appealfrom thejudgments and January, 1976,HCJ was pleasedto direct that petitions till 31.12.1976 and thatand 31.12.1976 till Judgesmay stationsthese visit mayreceivedbe entertainedand at Branch Registries it 1976 wasthatdecided petitionsfor leave toappeal commencementof long the vacationof In1976. March, received andentertained intheBranch Registries tillthe for leave special to appeal would continue to be It was notified on6 be registered anddisposedof at Rawalpindi. petitions filedintheBranch Registries thereafter would 4.3 that The Constitution of 1956under Article 155provided 4.2 ANNUAL REPORT June2018 -May 2019 Under be atshall suchplace asthePresident may appoint. the Supreme Court at Islamabad theseat of theCourt Constitution that until provision ismadefor establishing President may appoint. However, it was provided inthe the Chief Justice of Pakistan approvalwith the of the Courtmay fromsit attotime time othersuch places as Dacca Court shallbeat Islamabad, with sittingof theCourt at it was provided that thepermanent seat of theSupreme Similarly,under Articleof56 Constitutionthe of 1962, as theChief Justice of Pakistan may deemnecessary. On 25 sit the

th twice Article

November, in Branch Registries Branch Seat of Supreme Court

Supreme and Dacca a year. Karachi 183 at of 1974 It th Court least February, 1976that thepetitions

was the till 31 Karachi, also twice Constitution shall st March, thatand 1976 the provided a sit Lahore year, in Karachi for therein of and

1973, such Peshawar that and period it has the at nd

building Lahore inaborrowed wing of theLahore High Court and/or four provincial capitals.Casesare filedat principalseat The Court alsohasbranch registries at eachof the objectivesof organjudicial the of Statethe of Pakistan. transparency andequality before law asavowed the of three years. In November, 1977it was decidedthat are disposedof. On 31 after 31.12.1976tillthepetitions filedupto 31.12.1976 tradition unique synthesis of Islamic and Japanese architectural in thecountry. The openbookfront elevation reflects a ofprinciples the uphold ofrule law constitutionalismand marbled façade depictsthestrength of theinstitutionto Constitution Avenue intheFederal Capital.Its white Thepresent the on addition majestic is a building Islamabad in1993. Registry wasmoved Supremetothe Court Building at in what was thencalled“ House”. The Main the Main Registry was moved to Rawalpindi andhoused from October,1949 toNovember, after1974, which dispose betweenprincipal seatthe and branch registries to at systemregistrationand of petitionsfor leave toappeal petitions filedafter 31 at In January, 1977it was decidedthat theCourt may sit 1977. Quetta The has Branch Registries at allthefour provincial capitals. Today,Courtthe Principalits with Seat at Islamabad and Quetta. towns. and convenient access to justice, closer to their home Court, itisagreat relief to litigants the to have easy the publicandfor providing justice at thedoorstep. Karachi, Branch Supreme Branch

branch have of for emphasizing Registries were

Lahore cases.

Registries a Court been period registries.

With and may established extending at Peshawar st

the extension sit

st Lahore, December,

Benches extended December, at importance Karachi, for

Karachi, a CHAPTER for of

little of the

upto

the 1976 jurisdiction

Lahore, 1976, the convenience over disposal of Peshawar the Court for

education, the

30 Peshawar 25

a th period of circuit of rotate June, years,

and the the of

4 31

SUPREME COURT OF PAKISTAN 32 Supreme Court of Pakistan

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

The Chief Justice of Pakistan

Date of Name Date of Birth Date of Elevation Retirement 18.02.2010 (as Judge) Mr. Justice Asif Saeed Khan Khosa 21.12.1954 20.12.2019 18.01.2019 (as HCJP)

The Judges of the Supreme Court*

Date of Date of Name Date of Birth Elevation Retirement Mr. Justice Gulzar Ahmed 02.02.1957 17.11.2011 01.02.2022 Mr. Justice Sh. Azmat Saeed 28-08-1954 01.06.2012 27-08-2019 Mr. Justice Mushir Alam 18-08-1956 20-09-2013 17-08-2021 Mr. Justice Umar Ata Bandial 17.09.1958 17.06.2014 16.09.2023 Mr. Justice Qazi Faez Isa 26.10.1959 05.09.2014 25.10.2024 Mr. Justice Maqbool Baqar 05.04.1957 17.02.2015 04.04.2022 Mr. Justice Manzoor Ahmad Malik 01.05.1956 06.11.2015 30.04.2021 Mr. Justice Sardar Tariq Masood 11.03.1959 06.11.2015 10.03.2024 Mr. Justice Faisal Arab 05.11.1955 14.12.2015 04.11.2020 Mr. Justice Ijaz Ul Ahsan 05.08.1960 28.06.2016 04.08.2025 Mr. Justice Mazhar Alam Khan Miankhel 14.07.1957 30.12.2016 13.07.2022 Mr. Justice Sajjad Ali Shah 14.08.1957 15.03.2017 13.08.2022 Mr. Justice Syed Mansoor Ali Shah 28.11.1962 07.02.2018 27.11.2027 Mr. Justice Munib Akhtar 14.12.1963 08.05.2018 13.12.2028 Mr. Justice Yahya Afridi 23.01.1965 28.06.2018 22.01.2030 Mr. Justice Qazi Muhammad Amin Ahmed 26.03.1957 24.04.2019 25.03.2022 *as on 31st May 2019

Ad hoc Members, Shariat Appellate Bench

Name Date of Appointment Dr. Muhammad Al-Ghazali 25.03.2010 Dr. Muhammad Khalid Masud 01.11.2012 Registrar

Name Date of posting in Supreme Court Mr. Arbab Muhammad Arif 26.01.2016 An (2) Advisory jurisdiction Advisory Appellate Jurisdiction Jurisdiction Original Supreme Court of The Constitution of Islamic Republic of Pakistan, 1973provides thefollowing andpowers jurisdictions to the 4.5 ANNUAL REPORT June2018 -May 2019 3 An (3) Court sentence of aHigh Court- pronouncedeclaratory judgments only. determine appealsfrom judgments, , finalorders or sentences of aHigh Court. question to thePresident. the said Article.said the conferred by Chapter 1of Part IIisinvolved, have thepower to make anorder of thenature mentioned in that aquestionof publicimportance with reference to theenforcement of any of theFundamental Rights The (2) to theSupreme Court for consideration. Supreme Court onany questionof law which heconsiders ofimportance, public hemay refer thequestion Explanation.–In jurisdiction inany Article 184. 1 If, Article 186.(1) Subject (1) Article 185. Jurisdiction of the Supreme Court in a Pakistan: e if (e) f if (f) d if (d) if (a) 3 Without (3) if (c) 2 In (2) if (b) case to this dispute between any which interpretation of theConstitution. or order final of thecourt immediately below; or judgment, decree or finalorder appealedfrom has varied orsetthe judgment, aside sum notis, was,appeal disputein in also and fiftythan less orrupees thousand othersuch immediately below; or appealed from has varied orjudgment, setaside the decree or order final ofcourt the respecting property of thelike amount or value andthejudgment, decree or finalorder Court; or or to itandhasinsuchtrialconvicted theaccused person andsentenced himasaforesaid; The (1) revision, hasenhanced asentence to asentence asaforesaid; or sentencedand todeathhim or totransportation for life or imprisonment for life; or, on

clause, the the the the the the the at appeal appeal Supreme as any judgment, High High amount High clause High exercise may prejudice “Governments”

time, to Court Court Court shall

Court be (2) the Supreme Court or of the specified decree does

lie value has

to Supreme has certifies this to has President to this shall two or withdrawn the not imposed jurisdiction of on or the Court

means Article, provisions

in apply the final consider appeal that Court Supreme that more Governments. subject-matter considers shall, order

any the the shall for the behalf from conferred reversed

Federal punishment a case trial of to

lie involves Supreme question

Court Article the a

only by before that involves judgment,

Act Government exclusion

an if

on from 199, it of directly

the Court so itself of order

is it on the

a desirable referred [Majlis-e-Shoora by Supreme the any any substantial decree,

dispute

any

clause or of shall of

Supreme

judgment,

person

indirectly

every and case acquittal and have Court to order (1), in the from

obtain other the question for report Court the Provincial jurisdiction

some or

grants CHAPTER of decree, contempt any court (Parliament)] Supreme

sentence court, an the shall,

its court claim accused of of leave opinion opinion Governments.

final

law if first have

to subordinate

of it or Court of to

considers

hear as the question order instance

and original a appeal.

person on of to High High

shall

and the the the the

or

4 33

SUPREME COURT OF PAKISTAN 34 Supreme Court of Pakistan

Power to Transfer Cases [Article 186A. The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]

Issue and execution of processes of the Supreme Court Article 187. (1) [Subject to clause (2) of Article 175, the] Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for purpose of securing the attendance of any person or the discovery or production of any document.

(2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province.

(3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final.

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

Decision of the Supreme Court binding on other courts Article 189. Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan.

Action in aid of the Supreme Court Article 190. All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.

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

Appeal to the Supreme Court against the decision of Federal Shariat Court Article 203F. (1) Any party to any proceedings before the Court under Article 203D aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court[:]

[Provided that an appeal on behalf of the Federation or of a Province may be preferred within six months of such decision.]

(2) The provisions of clauses (2) and (3) of Article 203D and clauses (4) to (8) of Article 203E shall apply to and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court.

[(2A.) An appeal shall lie to the Supreme Court from any judgment, final order or sentence of the Federal Shariat Court –

(a) if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years; or, on revision, has enhanced a sentence as aforesaid; or

(b) if the Federal Shariat Court has imposed any punishment on any person for contempt of the Court. Administrative Courtsand Tribunals Contempt ofCourt ANNUAL REPORT June2018 -May 2019 3 The (3) substantial questionof law of publicimportance, grants leave to appeal. Administrative Court or Tribunal shalllieonly if theSupreme Court, being satisfied that thecaseinvolves a Article 212(3).An appealto theSupreme Court from ajudgment, decree, order or sentence of an A (2) [Article 204. and, subject toand, subject law, by rulesmadeby Court.] the constituted intheSupreme Court aBench to Shariat becalledthe Appellate Bench andconsisting of- Court grants leave to appeal.] FederalShariat Court tocase a in precedingthe which notdo clauses apply onlylie shall if Supreme the 6 While (6) the Shariat Appellate Bench. 5 Reference (5) the President maydetermine. as a Judge of theSupreme Court andbepaidsuchallowances asthePresident may determine.] paragraph 4 A (4) . scandalizes b. a. 2) An (2B) d. c. () For [(3) (b) of

clause order of theCourt; abuses, interferes with or process the obstructs of theCourt inany way or disobeys any (1) In this does any other thing which, by law, constitutes contempt of theCourt. the Court; or does anything which tends to prejudice thedetermination of amatter pendingbefore Judge of theCourt into hatred, ridiculeor contempt; b not (b) three Muslim (a) Court shallhave power

person

appeal the (3) exercise Shariat Benchthe as ad-hocmembers thereof from amongstthe Judgesof Federal the consultation with theChief Justice. attending shall purpose more appointed Article, “Court” in to the Court have clauses of the than

the court of sittings the Supreme Judges of

or the power two under

(1) same from or exercise and

meanstheSupreme Court or Ulemaappointedtobe by Presidentthe toattend ofsittings otherwise to punishany of

paragraph conferred out power Court theSupreme Court; and

(2) the of of to

Shariat a and the from “Supreme does panel on (b) jurisdiction jurisdiction, person a

a of anything Appellate judgment, of Court

clause

Court” Ulema who - by conferred (3) and which

this shall to Bench, decision, shall be aHigh Court. be Article be entitled tends drawn hold by construed a

order person this may office to up CHAPTER to Article, bring

be the by or for appointed

as

regulated sentence the same

the such a there reference President Court

privileges, period shall by of under

or law the be as to

in a

4 35

SUPREME COURT OF PAKISTAN 36 Supreme Court of Pakistan

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

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

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

4.7 Judicial Commission of Pakistan

Article 175A of the Constitution of Pakistan, 1973: (1) There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.

(2) For appointment of Judges of the Supreme Court, the Commission shall consist of- (i) Chief Justice of Pakistan; Chairman (ii) [four] most senior Judges of the Supreme Court; Members (iii) a former Chief Justice or a former Judge of the Supreme Court Member of Pakistan to be nominated by the Chief Justice of Pakistan, in consultation with the four member Judges, for a term of two years; (iv) Federal Minister for Law and Justice; Member (v) Attorney-General for Pakistan; and Member (vi) a Senior Advocate of the Supreme Court of Pakistan nominated Member by the Pakistan Bar Council for a term of two years. (3) Nowithstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan.

(4) The Commission may make rules regulating its procedure.

(5) For appointment of Judges of a High Court, the Commission in clause (2) shall also include the following namely:- (i) Chief Justice of the High Court to which the appointment is Member being made; (ii) the most senior Judge of that High Court; Member (iii) Provincial Minster for Law; and Member [(iv) an advocate having not less than fifteen year practice in the Member High Court to be nominated by the concerned Bar Council for a term of two years:] ANNUAL REPORT June2018 -May 2019 Benches by Leader the of theOpposition. members from the Treasury Benches madeby shallbe theLeader of theHouse andfrom theOpposition two from each House andfour from theOpposition Benches, two from eachHouse. The nomination of (ii) (i) been confirmed to the Prime Minister who shallforward thesameto thePresident for appointment.] nomination.] decision three-fourth majority deemed to have confirmed: been bynominee majority of its total membership within fourteen days, failing which thenomination shallbe shall shall Shariat Court, asthecasemay be. Committee oneperson, for each vacancy of a Judge intheSupreme Court, aHigh Court or Federal the its members: shall alsoincludetheChief Justice of theFederal Shariat Court andthemostsenior Judge of that Court as also includethefollowing, namely:- consist with reasons sorecorded to theCommission 1) The (12) Secretary, Senate shallactastheSecretary (11) 6 For (6) 1) Out (10) four four members from theSenate; and (3 The [(13) Providedfurther that if nominationa notis confirmed, Commissionthe anothersend shall [Provided further that if anomination isnot confirmed by theCommittee itshallforward its [Provided that Committee, the for reasons to berecorded, may not confirm thenomination by

7 For (7) 9 The (9) 8 The (8) (ii) (i) of members from theNational thefollowing eight members, namely:- judges of nominatedtobe by Chiefthe Justiceof Pakistan consultationin fourthe with member available,substitutedbybe shall he formera Chief Justiceor former Judgeof that Court, in paragraph provisions (i)andthe of ParliamentaryCommittee consistshall of membersthe from Senatethe only mentioned [Provided that when theNational Assembly isdissolved, total the membership of the Senior Justice Providedfurther that foregoingtothe subject proviso, ofcase in appointment of Chief members of , theChief Justices of thefour Provincial High Courts shallalsobe Provided that for theinitialappointment of [Chief the Justice andthe] Judges of the clause (5)shall,mutatis mutandis, apply. Providedthat for appointment of Chief Justiceof Federal Shariat Court, provisos,the to and the mostsenior Chief of

appointment appointment Commission Committee Parliamentary of Committee itstotal membership

Judge mentioned inparagraph (ii)shallnot be Justice of of the Provided further that if for any reason theChief Justice of High Court isnot [Providedthat for appointment of Chiefthe Justiceof Higha Court most the theCommission mentioned inparagraph (ii)of

Islamabad eight theCommission: shall theIslamabad High Court;

on by members Judge of of of

Committee,

majority Judges Judges High receipt send Assembly: Court, that High Court: the within thesaidperiod:] of of of

of of

the

name

the

the its hereinafter a the Committee, nomination total Islamabad Federal through this provisos of

membership the Article shall,mutatis mutandis, apply.]

of in Shariat nominee the Prime theCommittee. High to this four from clause Article

Court, Court, shall member shall the confirmed Minster: (5) clause(2).] be Commission referred nominate the the shall, from of Commission Commission by theCommission: mutatis mutandisapply., the CHAPTER

to it to Member Member or as Treasury the may

deemed the Parliamentary

in in confirm Committee,

clause clause Benches,

to have the (2) (2)

4 37

SUPREME COURT OF PAKISTAN 38 Supreme Court of Pakistan

(14) No action or decision taken by the Commission or a Committee shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof.

[(15) The meetings of the Committee shall be held in camera and the record of its proceedings shall be maintained.

(16) The provisions of Article 68 shall not apply to the proceedings of the Committee.]

[(17)] The Committee may make rules for regulating its procedure.

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

Mr. Justice Asif Saeed Khan Khosa Chairman Chief Justice of Pakistan Mr. Justice Gulzar Ahmed Member Senior Puisne Judge, Supreme Court of Pakistan Mr. Justice Sh. Azmat Saeed Member Judge, Supreme Court of Pakistan Mr. Justice Mushir Alam Member Judge, Supreme Court of Pakistan Mr. Justice Umar Ata Bandial Member Judge, Supreme Court of Pakistan Mr. Justice Raja Fayyaz Ahmad Member Former Judge, Supreme Court of Pakistan Dr. Muhammad Federal Minister for Law and Justice Member Government of Pakistan Mr. Anwar Mansoor Khan Member Attorney General for Pakistan Mr. Muhammad Yousuf Laghari Member Nominee of the Pakistan Bar Council 4.9 Judicial Commission of Pakistan Rules, 2010 S.R.O. 122(KE)/2010, dated 6-11-2010.-- In exercise of powers conferred by clause (4) of Article 175A of the Constitution of the Islamic Republic of Pakistan, the Judicial Commission of Pakistan is pleased to make the following rules, namely:-- 1. Short title and commencement. – (1) These rules may be called the Judicial Commission of Pakistan Rules, 2010. (2) These rules shall come into force at once. 2. Definitions. – (1) In these rules, unless the context otherwise requires,- (a) “Chairman” means Chairman of the Commission; (b) “Commission” means the Judicial Commission of Pakistan, established under Article 175A of the Constitution of the Islamic Republic of Pakistan; (c) “Committee” means a Committee constituted by the Chairman from amongst the members of the Commission; (d) “Member” means a member of the Commission; and of theserulesinthepublicinterest. as admissibleto Judge of Supreme Court, or Judge of High Court, asthecasemay be. Judge deemed necessary. be prepared andmaintained by theSecretary duly certifiedby under Chairman the hishand. Parliamentary authority forthe purposesof carryingoutitsfunctions. vacancy toChairman for the convening meeting of theCommission. HighCourt, Chiefthe Justiceof respectivethe Court initiateshall nominationsend and for appointment such against Secretary to eachmember. Chairman shallcallameeting of theCommission onadate, timeandplace determined by himandnotified by the of Pakistan shallinitiate nominations intheCommission for appointment againstsuch vacancy. SupremeCourt or Chiefthe Justiceof Federal Shariat Court or Chiefthe Justiceof Higha Court, Chiefthe Justice Chairman. issued byissued theSupreme Judicial Council. accordance with theConstitution andthelaw. In thesameOath, they alsocommit to abideby thecode of conduct thirdthe in setout Schedule under Article178. Theyundertake todischarge their honestlyduties faithfullyand in ofSupremethe Court before Chiefthe Justiceof Pakistan. TheChief Justiceand Judgestake Oath formthe in Before entering uponoffice, theChief Justiceof Pakistanmakes an Oath before thePresident of Pakistan and Judges 4.10 ANNUAL REPORT June2018 -May 2019 of

Justice That I with theConstitution of myperformand duties, my honestly,functions, ofbest tothe my ability, faithfully,and accordancein Oath of Office That, allegiance High (3) (2) 8. (4) 7. 6. 5. 4. (2) 3. (e) Committee constituted under Court, or Relaxation of Rules.– A retired Chief Justice or retired Judge Supreme Court andaretired Chief Justice or aretired The Chairmanmay constitute oneor more committees of members for suchpurposeasmay be Proceedings of theCommission.- The Chairmanshallregulate theproceedings of Commission. the Nominations forNominations Appointments.--(1) I, ______,dosolemnly swear that I will bear truefaith and

a to Pakistan: Judge “Secretary” The The For while The as will abideby

each proceedings Secretary Commission Chief of attending Chief Justice of Pakistan or of aHigh Court or Judge of the

the anticipated

means Justice theIslamic Republic of High

shall thecode of (In the nameof Allah, the mostBeneficent, a of Court session may the Without

of forward the Supreme Court or aHigh Court. or

Pakistan

Registrar clause(9)of

call for Commission actual [Articles 178and194] of

the prejudice for conduct issued by the the mostMerciful)

the

vacancy Province

(or any Supreme nominations Commission, (1)

a

Pakistan andthelaw:

For information Article 175A Judge shall Whenever to

of each the or

Court be a

Provinces of foregoing, Judge held made anticipated

the shall theSupreme

or or of a

in in Supreme

any nomination by theConstitution. record be camera. the of

the

the other entitled

……..……………….), Federal or Chairman Commission

required

Court

actual Judicial Council: person A

record to is Shariat received TA/DA of vacancy may

by authorized

Pakistan of

to it CHAPTER

I relax Court the

will and from the

under of proceedings discharge strict Secretary accommodation

or or a any as

Judge

Chief Judge

Rule such

application person

by 3, in of in shall

the the the the the or

4 39

SUPREME COURT OF PAKISTAN 40 Supreme Court of Pakistan

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

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

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

[May Allah Almighty help and guide me (A’meen).] 4.11 The Supreme Judicial Council of Pakistan

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

Article 209. Supreme Judicial Council:- (1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council. (2) The Council shall consist of — (a) The Chief Justice of Pakistan; (b) the two next most senior Judges of the Supreme Court; and (c) the two most senior Chief Justices of High Courts.

Explanation.—For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice otherwise than acting Chief Justice, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.

(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council or a member of the Council is absent or is unable to act due to illness or any other cause, then— (a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and (b) if such member is the Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place. (4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority. [(5) If, on information from any source, the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court; (a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or (b) may have been guilty of misconduct, the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.] (6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion— (a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and (b) that he should be removed from office, the President may remove the Judge from office. (7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article. (8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts. 4.12 ANNUAL REPORT June2018 -May 2019 of theSuperior Courts, conducive to theachievement of astandard of justice worthy of thenation. Council as under:- of August, Constitution of IslamicRepublic of Pakistan, 1973,theSupreme JudicialCouncil initsmeeting on8th Supreme

Constitution of The body. nation. As amember of hiscourt, that dutybroughtis appropriatewithin thedisciplines to acorporate Allah, whom he regardswhom he andtreats asnear relatives or closefriend. from impropriety and towards alllitigants as well aslawyers appearingbeforehim. ofmindful courtesies,the careful topreserve dignitythe of Court,the maintainingwhile aspect equal an matters coming before him. preserving calmness,balance andcomplete detachment, for theformation of correct conclusions inall being rough, polite being without weak, awe inspires inhis warnings andfaithful to his word, always A things. and mark of distinctionof a Judge amonghisfellow-men. of qualities highest intellect character.and Equally, patternsimposes it of behavior, arewhich hall- the of humanactivities within thenation. Constitution andtheLaw isto bedischarged for themaintenance of theRule of Law over the whole range to thelaw. Subject to thesegoverning obligations, hisfunctionof interpretation andapplication of the justice. Theoath of a Judgecompleteimplies Constitutiontothe submission underand Constitutionthe high principles, arewhich woveninto Constitution,the as welluniversalas the requirements of natural

amended Code of Conduct for Judges of theSupreme Court andHigh Courts No.F.SECRETARY-01/2009/SJC.— The primeduty of a Judge asanindividualisto present beforean image thepublic of justice of the Court and the High Courts Code of Conduct for Judges of the Supreme A Judge mustdeclineresolutely to actinacaseinvolving hisown interest, includingthoseof persons To beabove reproach, andfor thispurpose to keep hisconduct inallthings,official andprivate, free Inmatterthe of seathis taking ofand fromrising his seat, pointin be punctilious shall he oftime, On equiponderance standtheheavens andtheearth.By equiponderance, oppression meaningunjust In thiscode, anattempt ismadeto indicate certain traditional requirements of behavior in the Judges Toembodimentliving a be of powers, these obligationsand functions, forcalls ofpossession the forbearing, unequal

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4 41

SUPREME COURT OF PAKISTAN 42 Supreme Court of Pakistan

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

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

ARTICLE- V Functioning as he does in full view of the public, a Judge gets thereby all the publicity that is good for him. He should not seek more. In particular, he should not engage in any public controversy, least of all on a political question, notwithstanding that it involves a question of law. ARTICLE- VI A Judge should endeavor to avoid, as far as possible, being involved, either on his own behalf or on behalf of others, in litigation or in matters which are liable to lead to litigation such as industry, trade or speculative transactions. To employ the influence of his position to gain undue advantage, whether immediate or future, is a grave fault.

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

ARTICLE- VII Extra-Judicial duties or responsibilities, official or private, should be generally avoided. He should equally avoid being a candidate, for any elective office in any organization whatsoever. ARTICLE- VIII Gifts are to be received only from near relatives and close friends, and only such as are customary. Everything in the way of favours in consequence of the office must be refused. In accepting any entertainment offered, whether general or particular, care should be taken that its real purpose does not conflict with a Judge’s duty to maintain detachment from likely litigants, and from partisan activity. ARTICLE- IX In his judicial work, and his relations with other Judges, a Judge should act always for the maintenance of harmony within his own Court, as well as among all Courts and for the integrity of the institution of justice. Disagreement with the opinion of any Judge, whether of equal or of inferior status, should invariably be expressed in terms of courtesy and restraint. ARTICLE- X In his judicial work a Judge shall take all steps to decide cases within the shortest time, controlling effectively efforts made to prevent early disposal of cases and make every endeavor to minimize suffering of litigants by deciding cases expeditiously through proper written judgments. A Judge who is unmindful or indifferent towards this aspect of his duty is not faithful to his work, which is a grave fault. ARTICLE- XI No Judge of the superior judiciary shall render support in any manner whatsoever, including taking or administering oath in violation of the oath of office prescribed in the Third Schedule to the Constitution, to any authority that acquires power otherwise than through the modes envisaged by the Constitution of Pakistan.

By order of the Council,

DR. FAQIR HUSSAIN, Secretary. The 17 4.13 ANNUAL REPORT June2018 -May 2019 the was prepared adraft of theSupreme Judicial Council Procedure of Enquiry 2005, which was approved by theCouncil. It conductthe or capacity of a Judgeof Superiora Court Pakistan.in Toforumthe bring more effective Committeethe amended ArticleCouncil,the 209, referencea besides from President,the may, ownits on also initiative, inquire into the prescribed procedure. 3. amendment, duly In procedure will have themeaningsasassignedto themhereunder; (1) 1. functions vested initunder Article 209of theConstitution of IslamicRepublic of Pakistan. the Supreme Judicial Council ispleasedto lay down thefollowing procedure for effective performance of

under. regulaterequiredinquiries all undertakentobe otherall and matters addressed tobe need which there- 2. Pursuanttakendecision tothe by Supremethe JudicialCouncil, 24 meetingon its in (2)It shallonly th amendment to theConstitution brought asignificant change in Article 209 of theConstitution. Prior to

Inquiry, 2005 Inquiry, SupremeThe Judicial Council Procedure of Definitions; (c) (b) (a) (h) (g) (f) (e) (d) Title andapplication; No.P.Reg.113/2005-SJC.— The Procedure shallprovide for effective implementation of Article 209of theConstitution and Scope; notified 2005”. the The present the and terms of “Code of conduct”codethe means , of conduct byissued Supremethe JudicialCouncil in the conduct of a Judge. “Any other source”, includesallsources through which information isreceived inrespect of carry out. “Any matter” , includesallmattersfacts and associated with theenquiry that theCouncil may taken place. “Opinion”, will include arrivingat aconclusion by the Council, that misconduct has or hasnot misconduct. “Guilty”, will includearrivingat anopinionby theCouncil that a Judge hasbeenguilty of Council, includingthefacts arewhich attributed to theperson of the Judge. “Conduct”, ofseries include will facts associated matterthe with inquired being into by the narrated, which render the Judge incapableof performing thedutiesof his office. “Incapacity”, will includeallforms of physical or mental incapacity howsoever or described “Chairman”, meansandincludestheChief Justice of Pakistan. procedure Council gazetted. procedure, The Gazette of apply

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4 43

SUPREME COURT OF PAKISTAN 44 Supreme Court of Pakistan

(i) “Information”, includes any material, facts, documentation, photographs, video or audio tapes, affidavits, letters or any other reasonable evidence that has come to the knowledge of any Member of the Council or the Council itself sufficient to initiate an enquiry. (j) “Enquiry”, means the consideration of any matter, in relation to conduct of a Judge, by the Council, or any Member of the Council. (k) “Member”, means Member of the Supreme Judicial Council. (l) “Misconduct”, includes, (i) conduct unbecoming of a Judge, (ii) is in disregard of the Code of Conduct issued under Article 209(8) of the Constitution of Islamic Republic of Pakistan, (iii) is found to be inefficient or has ceased to be efficient. (m) “Report of the Council”, includes the findings of the enquiry proceedings carried out by the Council including recommendations for the for removal of the Judge or otherwise. (n) “Secretary”, means the Registrar, Supreme Court or any person appointed by the Council. (o) “Supreme Judicial Council”, means the Supreme Judicial Council as constituted by Article 209 of the Constitution of Islamic Republic of Pakistan.

4. The Headquarters of the Council shall be at Islamabad, but the Council may hold its meeting or enquiry into reference or a complaint at any other place in Pakistan, as the Chairman may deem convenient. 5. Receiving of Information.— (1) Any member of public may bring to the notice of the Council or any of its Members or the Secretary, information alleging incapacity or misconduct of a Judge. (2) The allegation may be supported by material which is sufficient in the opinion of the Council to commence enquiry. (3) The person providing the said information shall identify himself properly. (4) The information may be received through any mode by the Council or any Member of the Council, without being restricted to any of the following sources such as; (a) Print or electronic media; (b) Written Complaint. (5) Information received under sub-para (4) shall be entered in the Register maintained by the Secretary. 6. Cognizance by the Council.— Without prejudice to the general requirement of receiving information in the manner provided for above, nothing in this Procedure shall be read to curtail or limit the jurisdiction of the Council to initiate an enquiry against a Judge. 7. Procedure for scrutinizing information.— (1) Once any information in respect of enquiry into the conduct of a Judge is received by any Member or the Council, it shall be presented to the Chairman of the Council, who; shall (a) refer the same to any Member of the Council to look into the said information; and to express his opinion in relation to sufficiency or otherwise of the information. (b) if the Council is satisfied that the information prima facie discloses sufficient material for an enquiry, it shall proceed to consider the same. (2) The Member, to whom the Chairman has referred the information, will examine the same and ascertain if the information so received discloses specific particulars of misconduct, and provides factual details necessary to form prima facie opinion in respect of the guilt of the Judge. (3) If the Member forms an opinion that the information does reveal sufficient material to commence enquiry, he shall inform the Council accordingly and the information shall be placed before the Council. (4) If the Member comes to a conclusion that the information is false, frivolous, concocted or untrue, he shall inform the Council accordingly and may recommend action against the person who initiated the information. 8. Enquiry by the Council.— (1) The Chairman may, call the meeting of the Council, for discussion and enquiry into the information received. (2) The information in respect of the conduct of a Judge shall be placed before the Council for examination. ANNUAL REPORT June2018 -May 2019 DR.FAQIR HUSSAIN, Secretary. By order of HCJ|Chairman, Without (7) 9. If (4) The (6) The (5) If (3) (2) 10. (2) 11. (2) (2)Only (3) 13. 12. 14. 15. (3) (2) (2) 17. 16.

may (1) enquirytothe specific consideredis which by Councilthe properand just tobe the circumstances. in provide himtheinformation andmaterial received againsthim. enquiry, itshallrequire the said Judge to present himself before theCouncil. The Council shall for enquiry into any aspectof theinformation provided. can form any opinion,itshalldirect accordingly. materialwith supporting callinguponhimto explain his (1) matter. instructed by him,shallconduct areference. Procedure of Council.— of Procedure assist theCouncil inrelation to smooth andefficient conduct of itsproceedings. prevail. attendance of theperson providing information andrelated matters, opinionof themajority shall Council regarding, further enquiry, granting right of hearingto the Judge concerned, securing Proceedings of theCouncil not to bereported.— in camera andshallnot beopento public. 209(6) of communicatedby Presidenttothe Chairman the Reporta as of Councilthe for underaction Article Report to thePresident of Pakistan.— or evidence provided to it was false inmaterial particulars or with thesoleintention to maligna Judge, Punishment for frivolous information.— concerned isguilty of misconduct, opinionof themajority shallprevail. reported, unlessdirected otherwise. performance forms anopinion,that the Judge concerned hasbeenguilty of misconduct or incapacitated inthe Council Secretariat.— action againsttheoffender. the affairs andfunctions,theCouncil may appoint suchofficials andstaff andproper. asdeemedfit those who are found to have provided thesaidinformation, or evidence asthecasemay be. removed from office inthemanner prescribed by Article 209of theConstitution. This procedure shall,mutatis mutandis,apply to proceedings againstother office holders, who canbe and prescribe theprocedure for achieving theobjectsof theCouncil. Powers to issuedirections.— TheCouncil haveshall powerthe anytoissue directive, anypass order

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4 45

SUPREME COURT OF PAKISTAN 46 Supreme Court of Pakistan

4.14 Role and Functions of the Chief Justice of Pakistan The Chief Justice of Pakistan is appointed by the President under Article 177 of the Constitution in accordance with 175A. The Chief Justice amongst others performs the following functions and responsibilities:-

• Nominations of Appointments • Ex-officio Chairman of: Judicial Commission of Pakistan has been • Supreme Judicial Council; constituted under Article 175A of the Constitution • Judicial Commission of Pakistan; of Pakistan for the appointment of Judges of the • Law and Justice Commission of Pakistan; superior courts. The Chief Justice of Pakistan acts • National Judicial (Policy Making) Committee; as a Chairman of Judicial Commission. For each • Governing Body, Access to Justice anticipated or actual vacancy of a Judge in the Development Fund; Supreme Court or the Chief Justice of Federal • Federal Judicial Academy; and Shariat Court or the Chief Justice of a High • Al-Mizan Foundation. Court, the Chief Justice of Pakistan shall initiate • Administrative Powers nominations in the Commission for appointment The Chief Justice under administrative powers against such vacancy. Similarly, the Chief Justice appoints/removes, officers/staffs of the Court of the Federal Shariat Court and High Courts shall and upgrade/downgrade posts; and has financial initiate and send nomination for appointment powers to sanction expenditure and re-appropriate against anticipated or actual vacancy of a Judge to funds within the budgetary allocation of the Court. the Chairman of the Commission. The Commission by majority of its total membership shall nominate to • Court Roster the Parliamentary Committee one person, for each Prepares Court Roster and constitutes benches of vacancy of a Judge in the Supreme Court, Federal the Court to hear cases. Shariat Court and High Courts as the case may be. The Parliamentary Committee shall send the name • Heads Benches of the nominee confirmed by it or deemed to have The Chief Justice heads benches for hearing cases. been confirmed to the Prime Minister who shall forward the same to the President for appointment. • Presides Meetings The Chief Justice presides Full Court meetings and leads in taking important policy decisions. • Other appointments Federal Review Board consisting of a Chairman • Court Supervision and two members, each of whom is or has been The Chief Justice supervises the Court a judge of the Supreme Court or a High Court, for administration, deals with cases of leave of the reviewing orders made under a law providing for Judges and acts as intermediary between the Court preventive detention; and the judicial system.

An arbitrator to determine any question arising • Formulation of Policies as to whether any conditions imposed on any The Chief Justice initiates internal Court operational provincial government are lawfully imposed, or policies for early disposal of cases, delay reduction whether any refusal by the federal government to and Case Flow Management. entrust functions is unreasonable with respect to • Assigns Judges with Specialized Work broadcasting and telecasting. The Chief Justice assigns the Judges with • Administers Oath to the: responsibilities to assist him in formulation of • President of Pakistan; policies and court management. • Chief Election Commissioner; • Auditor General of Pakistan; • Court Business • Judges of the Supreme Court; The Chief Justice prescribes the working hours, Court business and holidays. • Nominates: • Acts As Chairman of Statutory Bodies The Chief Justice nominates a Judge of the Supreme Court to various bodies of the Bar, e.g., The Chief Justice acts as a Chairman of the Federal Disciplinary Committees, Syndicates, Governing Judicial Academy, Law and Justice Commission Bodies of Universities, etc. of Pakistan and National Judicial (Policy Making) Committee. • Conducts Judicial Conferences and Seminars The Chief Justice conducts conferences and seminars for the improvement of administration of justice in the country. 5 COURT PERFORMANCE

CHAPTER 5

COURT PERFORMANCE

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 48 Supreme Court of Pakistan

COURT PERFORMANCE

5.1 Overview of Judicial Activities

The present overview of judicial activities of this Court was informed that 40535 cases (as on 31.12.18) were relates to the period from 1.6.2018 to 31.5.2019. pending for adjudication where upon the chair issued During this period, the first Full Court meeting was held directions in order to reduce the pendency. In another on 7.7.2018 wherein it was informed that pendency Full Court Meeting held on 30.4.2019, Hon’ble Mr. before this Court as on 30.6.2018 was 39317. The Justice Qazi Muhammad Amin Ahmed was welcomed on issue of increase in pendency was discussed at length his elevation as Judge of Supreme Court. The pendency and various proposals to reduce the same were made shown in this Meeting was 39338 (Bunch-wise 27403). including discouraging adjournments and to minimize practice of writing of lengthy judgments at the time During the period under review, on the recommendation of dismissal of petitions. HCJ on behalf of his brother of the Hon’ble Mr. Justice Umer Ata Bandial, Judge Judges and on his own behalf welcomed Mr. Justice Incharge Library, existing flat rate for supply of certified Syed Mansoor Ali Shah, Mr. Justice Munib Akhtar and copy to the Publishers of Law Journals was enhanced Mr. Justice Yahya Afridi on their elevation to this Court. from Rs.25/- to Rs.125/- per copy w.e.f. 06.02.2019. On 10.9.2018, another such Meeting was convened wherein it was informed that total 40730 cases were In order to simplify the process of challenging the pending as on 31.8.2018. Bunch-wise position of Judgments/Orders of Military Courts, the Hon’ble pendency at the commencement of last judicial year Chief Justice of Pakistan ordered that fresh petitions however, comes to 37933 cases. filed against sentences awarded by Military Courts shall be registered as Criminal Petitions and in case such That the Supreme Court, being the guardian of the petitions involve sentence of death, intimation will be human rights, took notice of water shortage in the issued in terms of Rule 5 Order XXIII of Supreme Court country and established Diamer Bhasha and Mohmand Rules, 1980 with the direction to fix these cases on Dam Fund in which all the segments of the society, priority basis. including general public through various campaigns were asked to donate generously for construction of It was noted that there was a growing tendency on the dams. Apart from different organizations, especially part of the AORs to file appeals without decree sheet. the overseas Pakistanis donated generously to this fund The matter was placed before the Hon’ble Chief Justice which amount under the orders of the HCJ is being of Pakistan and it was resolved that such exemption invested in a profit bearing scheme. In the interest of applications be registered and placed before the Court public at large, this Court worked even on Saturdays for orders and that limitation period be counted from and Sundays and continued hearing of cases in order filing of the decree sheet. to address and other issues of Public importance such as protection of fundamental rights including removal In the Full Court Meeting dated 6.2.2019, hearing of of billboards, inadequate facilities and overcharging/ cases through Video Link at Islamabad from Branch negligence in private hospitals, maintaining foreign Registries of this Court came under discussion and such accounts by Pakistani citizens without disclosing the proposal was unanimously approved. A Committee in same and paying taxes, verification of degrees of this regard was constituted, so, it was first of its kind advocates as well as selling of bottled water extracted in the history of the Supreme Court of Pakistan that from ground without payment of any charges E-Court system was put in place. Under this system the Principal Seat and all the Branch Registries of this Due to hard work of Benches, pendency of criminal Court have NOW been connected through video-link. It appeals is now at very low level and presently such is a ground-breaking initiative which has already started appeals mostly relating to the year 2019 are being benefiting the lawyers as well as litigants by making heard irrespective of the fact whether the issue involved the judicial system more responsive to the needs of sentence of death/life or even a short sentence. That the people approaching this Court for redressal of their the backlog of thousands of Criminal Appeals pending grievances. Millions of Rupees spent on the Judges and before this Court since the year 1994 onwards has staff touring different Branch Registries, on lawyers almost been completely wiped out and NOWADAYS commuting between cities and by litigants toiling all there is no Criminal Appeal pending at Karachi and the way and bearing the brunt of the expenses are Quetta Branch Registries of this Court. being saved through this system. Such a step taken by this Court is a major break-through in discharge of its On 18.1.2019, Hon’ble Mr. Justice Asif Saeed Khan constitutional responsibility of providing expeditious Khosa, took oath as Chief Justice of Pakistan and chaired and inexpensive justice. This initiative will hopefully a meeting of the Full Court held on 6.2.2019, wherein it soon be replicated in other courts of the country as well. The accordingly and cases. petitions andcriminalappealsat thePrincipal Seat andBranch The statistical data regarding Court sessions,institutionanddisposalof civilpetitions, civilappeals,criminal against for perjury. directed that if a witness isfound to befalse onamaterial aspect, without any latitude, shallinvariably beproceeded in omnibusasanintegral of part thejurisprudence incriminalcasesandto give effect infullforce. It was further Chief Justiceof Pakistandirection issued toCourts allthe the Countryin to followprinciple of the

case, In order to facilitate thelitigant publiconaccount of any emergent situation faced by themdueto pendency of a process of weeding of filesof oldcases,asaresult whereof 8315numberof cases were weeded out. During Justice Syed Mansoor Ali Shah inthematter have beenacknowledged andappreciated. 5.2 addition In ANNUAL REPORT June2018 -May 2019 During a Committee of HJJ. officers, Centre which shallprovide research facilities of international standards. Three Judges of thisCourt andten research at theprincipalseat. This major initiative was taken by thisCourt for commissioning of astate of theartResearch received Centre search enginehasalready beeninstalledinthesaidresearch Centre of thisCourt. The establishment of thisresearch the Sr. 4. 3. 2. 1. 8. 7. 6. 5. cases Hon’ble such Full During is the the all of 04.06.2018 03.06.2018 02.06.2018 01.06.2018 12.06.2018 11.06.2018 10.06.2018 09.06.2018 from June 2018 –31 Statement of Court Sessions training going involving Court as

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5 49

COURT PERFORMANCE 50 Supreme Court of Pakistan

Working Period No. of No. of Benches Special Larger Sr. From To Days Isb. Lhr. Kra. Qta. Psh. Benches Benches 9. 14.06.2018 15.06.2018 2 1 2 2 - - - - 10. 19.06.2018 22.06.2018 4 2 2 2 - - - - 11. 25.06.2018 27.06.2018 3 2 2 2 - - - - 1 12. 28.06.2018 28.06.2018 1 3 1 1 - - - (Islamabad) 13. 29.06.2018 29.06.2018 1 3 1 2 - - - - 1 14. 30.06.2018 30.06.2018 1 - - - - - (Saturday) - (Islamabad) 1 15. 01.07.2018 01.07.2018 1 - - - - - (Sunday) - (Islamabad) 1 1 (4-HJJ) 16. 02.07.2018 06.07.2018 5 2 1 2 - - (Islamabad) (Islamabad) (04.07.18) 04.07.18 1 17. 08.07.2018 08.07.2018 1 - - - - - (Saturday) (Islamabad) 1 (4-HJJ) (Islamabad) 10.07.18 1 (4-HJJ) 18. 09.07.2018 13.07.2018 5 3 1 2 - - - (Islamabad) 11.07.18 1 (4-HJJ) (Islamabad) 13.07.18 14.07.2018 14.07.2018 1 19. ------(Saturday) (Islamabad) 1 (Islamabad) - - 18.07.2018 20. 16.07.2018 20.07.2018 5 2 - 2 - 1 (Islamabad) 19.07.2018 22.07.2018 22.07.2018 1 21. 1 ------(Sunday) (Karachi) 22. 23.07.2018 27.07.2018 5 1 2 2 - - - - 28.07.2018 28.07.2018 1 23. 1 ------(Saturday) (Lahore) 29.07.2018 29.07.2018 1 24. 1 ------(Sunday) (Lahore) 1 25. 30.8.2018 30.08.2018 1 4 - 1 - - - (4-HJJ) (Islamabad) 26. 31.07.2018 02.08.2018 3 4 - 2 - - - - 27. 03.08.2018 03.08.2018 1 2 1 2 - - - - 28. 06.08.2018 10.08.2018 5 3 - 2 - - - - ANNUAL REPORT June2018 -May 2019 38. 39. 37. 36. 35. 34. 33. 32. 31. 30. 29. 41. 40. 43. 42. 44. 46. 45. Sr. 16.09.2018 17.09.2018 15.09.2018 14.09.2018 10.09.2018 03.09.2018 01.09.2018 27.08.2018 20.08.2018 17.08.2018 13.08.2018 24.09.2018 20.09.2018 01.10.2018 29.09.2018 03.10.2018 06.10.2018 05.10.2018 (Saturday) From Working Period (Saturday) (Saturday) (Saturday) (Sunday) 16.09.2018 19.09.2018 15.09.2018 14.09.2018 13.09.2018 07.09.2018 01.09.2018 31.08.2018 24.08.2018 17.08.2018 16.08.2018 28.09.2018 20.09.2018 02.10.2018 29.09.2018 04.10.2018 06.10.2018 05.10.2018 To No. of Days 1 3 1 1 4 5 1 5 5 1 3 5 1 2 1 4 1 Isb. 8 6 2 2 1 2 3 3 3 6 7 ------Lhr. 2 1 ------No. of Benches Kra. 1 1 1 2 2 ------Qta. 1 1 ------Psh. 1 1 ------18.09.2018 27.09.2018 02.10.2018 04.10.2018 (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) 1 Shariat 2 Shariat Benches (Karachi) (Lahore) (Lahore) (Lahore) (Lahore) Special (5-HJJ) (5-HJJ) 1 1 1 1 1 1 1 1 1 1

------CHAPTER

13.09.2018 10.09.2018 24.09.2018 25.09.2018 24.09.2018 01.10.2018 03.10.2018 (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) 1 (5-HJJ) Benches (7-HJJ) (5-HJJ) (4-HJJ) (5-HJJ) (7-HJJ) Shariat Larger (5-JJ) 1 1 1 1 1 1 ------5 51

COURT PERFORMANCE 52 Supreme Court of Pakistan

Working Period No. of No. of Benches Special Larger Sr. From To Days Isb. Lhr. Kra. Qta. Psh. Benches Benches 1 1 (Islamabad) (5-HJJ) 08.10.2018 (Islamabad) 05:00 p.m. 09.10.2018 1 - 1 (7-HJJ) 47. 08.10.2018 11.10.2018 4 7 - - - (Islamabad) (Islamabad) 10.10.2018 10.10.2018 1 1 (5-HJJ) (Islamabad) (Islamabad) 11.10.2018 11.10.2018 48. 12.10.2018 12.10.2018 1 8 ------1 1 (7-HJJ) (Islamabad) (Islamabad) 16.10.2018 15.10.2018 1 (5-HJJ) (Islamabad) 2 - 16.10.2018 49. 15.10.2018 18.10.2018 4 6 - - - (Islamabad) 18.10.2018 1 (7-HJJ) (Islamabad) 17.10.2018 1 (5-HJJ) - (Islamabad) 18.10.2018 50. 19.10.2018 19.10.2018 1 8 ------1 (5-HJJ) 51. 22.10.2018 23.10.2018 2 6 - - - - - (Islamabad) 23.10.2018 1 1 (5-HJJ) 52. 24.01.2018 24.01.2018 1 5 - - - - (Islamabad) (Islamabad) 24.10.2018 24.10.2018 1 1 (7-HJJ) 53. 25.01.2018 25.01.2018 1 6 - - - - (Islamabad) (Islamabad) 25.10.2018 25.10.2018 54. 26.10.2018 26.10.2018 - - 27.10.2018 27.10.2018 1 55. (Karachi) - (Saturday) 27.10.2018 2 1 (5-HJJ) 56. 29.10.2018 30.10.2018 2 6 - - - - (Karachi) (Islamabad) 29.10.2018 30.10.2018 1 (7-HJJ) 57. 31.10.2018 01.11.2018 2 6 (Islamabad) 01.11.2018 58. 02.11.2018 02.11.2018 1 7 ------ANNUAL REPORT June2018 -May 2019 60. 59. 64. 63. 62. 61. 69. 68. 67. 66. 65. 71. 70. 75. 74. 73. 72. Sr. 06.11.2018 05.11.2018 14.11.2018 12.11.2018 09.11.2018 08.11.2018 22.11.2018 20.11.2018 19.11.2018 17.11.2018 16.11.2018 29.11.2018 26.11.2018 02.12.2018 01.12.2018 30.11.2018 From Working Period (Saturday) (Saturday) (Sunday) 07.11.2018 05.11.2018 15.11.2018 13.11.2018 09.11.2018 08.11.2018 23.11.2018 20.11.2018 19.11.2018 17.11.2018 16.11.2018 29.11.2018 28.11.2018 02.12.2018 01.12.2018 30.11.2018 To No. of Days 2 1 2 2 1 1 2 1 1 1 1 1 3 1 1 1 Isb. 4 4 4 6 5 4 4 4 4 4 4 4 4 - - Lhr. 2 2 1 2 2 1 2 2 2 1 1 1 - - - No. of Benches Kra. ------Qta. 1 1 1 ------Psh. 1 1 1 ------06.11.2018 14.11.2018 15.11.2018 15.11.2018 22.11.2018 (10:00 a.m.) 01:00 p.m.) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) Benches (Lahore) (Lahore) (Lahore) Special 1 1 1 1 1 1 1 1 1

------CHAPTER

13.11.2018 12.11.2018 14.11.2018 15.11.2018 22.11.2018 (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) Benches (5-HJJ) (5-HJJ) (5-HJJ) (7-HJJ) (5-HJJ) Larger 2 2 2 2 1 ------5 53

COURT PERFORMANCE 54 Supreme Court of Pakistan

Working Period No. of No. of Benches Special Larger Sr. From To Days Isb. Lhr. Kra. Qta. Psh. Benches Benches 1 (7-HJJ) (Islamabad) 03.12.2018 1 (5-HJJ) (Islamabad) 03.12.2018 76. 03.12.2018 05.12.2018 3 4 1 - 1 1 - 2 (5-HJJ) (Islamabad) 04.12.2018 1 (5-HJJ) (Islamabad) 05.12.2018 1 (4-HJJ) (Islamabad) 06.12.2018 77. 06.12.2018 07.12.2018 2 4 1 - - 1 1 (7-HJJ) (Islamabad) 07.12.2018 1 78. 08.12.2018 09.12.2018 2 3 - - 1 1 (Lahore) - 08.12.2018 79. 10.12.2018 10.12.2018 1 2 - 1 2 1 - - 80. 11.12.2018 11.12.2018 1 2 - 2 1 1 - - 81. 12.12.2018 12.12.2018 1 3 - 1 1 1 - - 82. 13.12.2018 13.12.2018 1 4 - - 1 1 - - 83. 14.12.2018 14.12.2018 1 4 - - 1 1 - -

15.12.2018 15.12.2018 1 84. 1 ------(Lahore) (Saturday) 85. 17.12.2018 17.12.2018 1 5 1 - - - - - 86. 18.12.2018 21.12.2018 4 2 1 2 - - - - 22.12.2018 23.12.2018 1 87. 2 4 1 - - - - Saturday Sunday (Lahore) 88. 24.12.2018 24.12.2018 1 - 2 2 - - - - 89. 26.12.2018 28.12.2018 3 1 1 2 - - - - 29.12.2018 29.12.2018 1 90. 1 ------(Saturday) (Lahore). 91. 31.12.2018 31.12.2018 1 2 - 2 - - - - ANNUAL REPORT June2018 -May 2019 100. 101. 102. 95. 94. 93. 92. 96. 97. 98. 99. Sr. 05.01.2019 05.01.2019 04.01.2019 01.01.2019 06.01.2019 07.01.2019 09.01.2019 12.01.2019 11.01.2019 14.01.2019 18.01.2019 From Working Period (Saturday) Saturday Sunday 05.01.2019 05.01.2019 04.01.2019 03.01.2019 06.01.2019 08.01.2019 10.01.2019 12.01.2019 11.01.2019 17.01.2019 18.01.2019 To No. of Days 1 1 1 3 1 2 2 1 1 4 1 Isb. 7 6 6 7 6 8 - - - - - Lhr. ------No. of Benches Kra. ------Qta. ------Psh. ------05.01.2019 06.01.2019 07.01.2019 08.01.2019 09.01.2019 12.01.2019 14.01.2019 15.01.2019 (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) Benches Special 1 1 2 1 1 1 1 1

- - - - CHAPTER

04.01.2019 03.01.2019 03.01.2019 07.01.2019 07.01.2019 08.01.2019 09.01.2019 14.01.2019 (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) 01.00 p.m. 01.00 p.m. 02.00 p.m. 03.00 p.m. Benches (5-HJJ) (7-HJJ) (5-HJJ) (7-HJJ) (5-HJJ) (5-HJJ) (5-HJJ) (5-HJJ) Larger 1 1 1 1 1 1 1 1 - - - - 5 55

COURT PERFORMANCE 56 Supreme Court of Pakistan

Working Period No. of No. of Benches Special Larger Sr. From To Days Isb. Lhr. Kra. Qta. Psh. Benches Benches 1 (Islamabad) 21.01.2019 103. 21.01.2019 25.01.2019 5 5 - 1 - - - 1 (Islamabad) 22.01.2019 1 (Islamabad) 28.01.2019 2 104. 28.01.2019 31.01.2019 4 6 - - - - (Islamabad) - 29.01.2019 1 (Islamabad) 31.01.2019 105. 01.02.2019 01.02.2019 1 8 ------106. 04.02.2019 04.02.2019 1 2 3 2 - - - - 1 107. 06.02.2019 07.02.2019 2 6 - - - - (Islamabad) - 07.02.2019 108. 08.02.2019 08.02.2019 1 8 ------

109. 11.02.2019 11.02.2019 1 4 1 - - - - - 1 110. 12.02.2019 12.02.2019 1 5 1 - - - (Islamabad) - 12.02.2019 1 111. 13.02.2019 13.02.2019 1 5 1 - - - (Islamabad) - 13.02.2019 1 (Islamabad) 14.02.2019 1 112. 14.02.2019 14.02.2019 1 5 1 - - - (Islamabad) - 14.02.2019 1 (Islamabad) 14.02.2019 113. 15.02.2019 15.02.2019 1 6 1 - - - - - 1 114. 18.02.2019 21.02.2019 4 4 1 - - - (Islamabad) - 19.02.2019 115. 22.02.2019 22.02.2019 1 5 1 - - - - - 116. 25.02.2019 25.02.2019 2 1 1 2 - - - - 1 117. 27.02.2019 27.02.2019 1 4 1 - - - (Islamabad) 27.02.2019 1 118. 28.02.2019 28.03.2019 1 3 1 - - - (Islamabad) - 28.02.2019 119. 01.03.2019 01.03.2019 1 3 1 - - - - - ANNUAL REPORT June2018 -May 2019 120. 121. 123. 122. 124. 127. 126. 125. 130. 129. 128. 132. 131. 133. Sr. 04.03.2019 06.03.2019 11.03.2019 08.03.2019 14.03.2019 21.03.2019 19.03.2019 18.03.2019 01.04.2019 27.03.2019 25.03.2019 08.04.2019 05.04.2019 12.04.2019 From Working Period 05.03.2019 07.03.2019 13.03.2019 08.03.2019 15.03.2019 22.03.2019 20.03.2019 18.03.2019 04.04.2019 29.03.2019 26.03.2019 11.04.2019 05.04.2019 12.04.2019 To No. of Days 2 2 3 1 2 2 2 1 4 3 2 4 1 1 Isb. 4 4 5 6 4 4 5 4 6 5 5 5 5 6 Lhr. 1 1 1 1 1 2 1 1 1 - - - - - No. of Benches Kra. 1 1 1 1 1 1 1 ------Qta. ------Psh. ------05.03.2019 07.03.2019 11.03.2019 06.03.2019 14.03.2019 13.03.2019 13.03.2019 21.03.2019 01.04.2019 09.04.2019 (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) Benches Special 1 1 1 1 1 1 1 1 1 1

------CHAPTER

27.03.2019 25.03.2019 04.04.2019 03.04.2019 02.04.2019 10.04.2019 (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) (Islamabad) Benches (7-HJJ) (5-HJJ) (5-HJJ) (5-HJJ) (7-HJJ) (5-HJJ) Larger 1 1 1 1 1 1 ------5 57

COURT PERFORMANCE 58 Supreme Court of Pakistan

Working Period No. of No. of Benches Special Larger Sr. From To Days Isb. Lhr. Kra. Qta. Psh. Benches Benches 1 (Islamabad) 15.04.2019 134. 15.04.2019 15.04.2019 1 5 - - - - - 1 (Islamabad) 15.04.2019 135. 19.04.2019 19.04.2019 1 7 ------1 (Islamabad) 17.04.2019 136. 16.04.2019 18.04.2019 3 6 - - - - - 1 (Islamabad) 18.04.2019 137. 19.04.2019 19.04.2019 1 6 ------1 (Islamabad) - 22.04.2019 138. 22.04.2019 25.04.2019 4 5 - - - - 1 (Islamabad) 24.04.2019 139. 26.04.2019 26.04.2019 1 7 ------1 (Islamabad) 1 29.04.2019 140. 29.04.2019 30.04.2019 2 5 - - - - 3 (Islamabad) 30.04.2019 1 141. 02.05.2019 03.05.2019 2 5 - - - 1 (Islamabad) - 03.05.2019 3 (Islamabad) 06.05.2019 2 (Islamabad) 07.05.2019 142. 06.05.2019 09.05.2019 4 4 1 1 - - - 2 (Islamabad) 08.05.2019 3 (Islamabad) 09.05.2019 143. 10.05.2019 10.05.2019 1 5 1 1 - - - - 1 2 (7-HJJ) (Islamabad) (Islamabad) 14.05.2019 13.05.2019 2 1 144. 13.05.2019 16.05.2019 4 5 1 - - - (Islamabad) (7-HJJ) 15.05.2019 (Islamabad) 1 13.05.2019 (Islamabad) 16.05.2019 Month-wise 5.3 ANNUAL REPORT June2018 -May 2019 the reported period. June, 2018 July August September October November December 2019 January, February March April May 146. 145. 148. 147. Sr. Total 20.05.2019 17.05.2019 27.05.2019 24.05.2019 from June 2018 –May 2019 Institution and Disposal of Cases From Institution Working Period 12881 1038 1045 1400 1090 1263 1688 1100 764 642 888 978 985 Ins. Islamabad 23.05.2019 17.05.2019 31.05.2019 24.05.2019 (Ins.) 12051 1104 1819 1640 1606 1009 645 797 624 639 539 Dis. 705 924 To and Disposal 1544 138 116 103 115 121 124 200 245 137 Ins. 79 82 84 Lahore No. of Days 4 1 5 1 174 155 Dis. 739 (Dis.) 34 16 27 71 23 41 26 81 86 5 Isb. 5 6 3 6 of 5551

393 550 298 237 291 414 518 497 425 658 584 686 Ins. cases Lhr. Karachi 1 1 2 1 at No. of Benches 4421 536 279 Kra. 130 199 582 268 Dis. 312 459 737 752 89 78 the 1 - - - Main Qta. 2167 226 192 210 175 350 194 172 - - - - 145 125 135 162 Ins. 81 Peshawar Registry 1901 538 234 239 120 Dis. 368 100 70 19 82 37 86 Psh. 8

- - - - as well 383 Ins. 35 22 34 33 38 39 50 50 14 21 17 30 Quetta as 20.05.2019 23.05.2019 22.05.2019 21.05.2019 (Islamabad) (Islamabad) (Islamabad) (Islamabad) at Benches Special the 162 127 Dis. 452 12 24 60 17 19 12 4 3 3 9 1 2 1 2 - - - CHAPTER Branch 22526 1830 1925 1409 1072 1474 2287 1855 1930 1693 2267 2669 2115 Ins. 20.05.2019 Registries

(Islamabad) Total Benches (7-HJJ) Larger 19564 1

- - - 1728 1356 1640 2088 1360 1209 2074 1261 2067 1868 1942 971 Dis. for

5 59

COURT PERFORMANCE 60 Supreme Court of Pakistan

Institution and Disposal of Cases at Islamabad

Ins. Dis. 2000 1800 1600 1400 1200 1000 800 600 Number of Cases 400 200 0

Months

Institution and Disposal of Cases at Lahore

Ins. Dis. 300

250

200

150

100

50 Number of Cases 0

Months ANNUAL REPORT June2018 -May 2019

Institution andD Number of Cases Institution andD Number of Cases 100 200 300 400 500 600 700 800 500 550 600 100 150 200 250 300 350 400 450 50 0 0 isposal ofCasesatPeshawar isposal ofCasesatKarachi

Ins. Ins. Months Months

Dis. Dis.

CHAPTER 5 61

COURT PERFORMANCE 62 Supreme Court of Pakistan

Institution and Disposal of Cases at Quetta

Ins. Dis. 180 160 140 120 100 80 60 40 Number of Cases 20 0

Months

5.4 Pendency of cases

On 1st June, 2018, 40091 cases were pending adjudication before the Court at its Principal Seat and the Branch Registries. The breakup of pendency was as under: -

Islamabad Lahore Karachi Peshawar Quetta Total 16687 16307 1612 4511 974 40091

Pendency Position

Islamabad 42%

Lahore 41%

Peshawar 11% 4% Karachi 5.5 ANNUAL REPORT June2018 -May 2019 Islamabad Lahore Karachi Quetta Peshawar Lahore Peshawar Karachi Islamabad Quetta Civil Appealsatthe PrincipalandBranch Seat Registries Civil Petitions atthe PrincipalandBranch Seat Registries Branches Branches Total Total Institution and Disposal of Petitions &Appeals Opening Balance Opening Balance Institution & 60% Opening Balance Opening Balance Institutions & 76% Opening Balance Opening Balance 01.06.2018 01.06.2018 19008 4879 9542 1004 2797 1996 6437 9324 786 668 150 73 Institution 40% Institution 24% Institution Institution 12818 5018 5551 1211 1969 3007 205 833 358 525 103 52 12331 15093 31826 2354 8406 1193 9897 2215 3630 Total Total 253 125 991 Disposal 23% Disposal 32% Disposal & Balance Disposal & Disposal & Balance Disposal & Disposal Disposal 10201 2308 2858 5300 3427 1036 375 160 278 90 23 62

CHAPTER Balance Balance

77% 68% 31.05.2019 31.05.2019 Balance Balance 11666 21625 6098 1979 1131 9473 4597 3470 1179 163 102 713 5 63

COURT PERFORMANCE 64 Supreme Court of Pakistan

Criminal Petitions at the Principal Seat and Branch Registries

Opening Balance Balance Branches Institution Total Disposal 01.06.2018 31.05.2019 Islamabad 703 1539 2242 1363 879 Lahore 2581 1543 4124 1082 3042 Karachi 69 237 306 118 188 Peshawar 303 80 383 107 276 Quetta 174 97 271 3 268 Total 3830 3496 7326 2673 4653

Opening Balance & Institutions Disposal & Balance

Opening Disposal Balance Institution 36% Balance 52% 48% 64%

Criminal Appeals at the Principal Seat and Branch Registries

Opening Balance Balance Branches Institution Total Disposal 01.06.2018 31.05.2019 Islamabad 461 534 995 897 98 Lahore 470 160 630 429 201 Karachi 6 29 35 23 12 Peshawar 111 41 152 120 32 Quetta 2 2 4 1 3 Total 1050 766 1816 1470 346

Opening Balance & Institutions Disposal & Balance

Institution Opening 42% Balance 58% 5.6 ANNUAL REPORT June2018 -May 2019 Consolidated Statement ofCasesatKarachi Consolidated Statement ofCasesatLahore Consolidated Statement ofCasesatIslamabad CriminalAppeals Criminal Petitions Civil AppealsCivil Civil Petitions Cases CriminalAppeals Criminal Petitions AppealsCivil Civil Petitions Civil AppealsCivil Civil Petitions CriminalAppeals Criminal Petitions Cases

Consolidated Statement Cases of Cases Total Total Total Opening Balance Opening Balance Opening Balance 01.06.2018 01.06.2018 01.06.2018 12480 6437 4879 1004 1229 14589 461 703 150 2581 1996 9542 69 470 6 Institution Institution Institution 1211 1580 9060 1539 1969 5018 237 103 534 29 7612 1543 5551 160 358 21540 2215 2809 Total 22201 15093 2242 8406 9897 306 253 Total 4124 2354 Total 995 35 630

Disposal Disposal Disposal 1036 1267 5313 1082 3427 9868 1363 2308 5300 118 429 375 897 23 90

CHAPTER 31.05.2019 31.05.2019 31.05.2019 Balance Balance Balance 11672 1179 1542 16888 11666 6098 4597 188 163 3042 1979 879 12 201 98 5 65

COURT PERFORMANCE 66 Supreme Court of Pakistan

Consolidated Statement of Cases at Peshawar

Opening Balance Balance Cases Institution Total Disposal 01.06.2018 31.05.2019 Civil Petitions 2797 833 3630 160 3470 Civil Appeals 668 525 1193 62 1131 Criminal Petitions 303 80 383 107 276 Criminal Appeals 111 41 152 120 32 Total 3879 1479 5358 449 4909

Consolidated Statement of Cases at Quetta

Opening Balance Balance Cases Institution Total Disposal 01.06.2018 31.05.2019 Civil Petitions 786 205 991 278 713 Civil Appeals 73 52 125 23 102 Criminal Petitions 174 97 271 3 268 Criminal Appeals 2 2 4 1 3 Total 1035 356 1391 305 1086 6 STATISTICAL DATA ANALYSIS

CHAPTER 6

STATISTICAL DATA ANALYSIS

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 68 Supreme Court of Pakistan

STATISTICAL DATA ANALYSIS

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

Years Institution Disposal Pendency 2001 15243 13171 13070 2002 13847 9547 17370 2003 12990 10329 20031 2004 17521 9938 27614 2005 15802 28433 14984 2006 12424 23364 13724 2007 13874 12412 15186 2008 12189 9621 17754 2009 17661 17056 18359 2010 16291 14416 20234 2011 14164 14170 20228 2012 15939 15853 20314 2013 18154 17988 20480 2014 18520 16021 22979 2015 19302 14914 27639 2016 21619 16514 32744 2017 21743 15587 38900 2018 22282 20647 40535

Comparison of Institution, Disposal and Pendency of Cases

Cases filed, decided & Pending during the last 18 years 45000

40000

35000

30000

25000

20000

Number of Cases 15000

10000

5000

0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Institute Disposal Pending ANNUAL REPORT June2018 -May 2019 T T rend ofD rend ofInstitutionCasesfrom 2001 to 2018

Number of Cases

Number of Cases 10000 15000 20000 25000 10000 15000 20000 25000 30000 5000 isposal ofCasesfrom 2001 to 2018 5000 0 0

2001 13171 2001 15243

2002 9547 2002 13847

2003 10329 2003 12990

2004 9938 2004 17521 years 18 last the over casesof Institution of Trend Trend of Disposal of cases over the last 18 years 18 last the over cases of Disposal of Trend 2005 28433 2005 15802

2006 23364 2006 12424 2007 12412 2007 13874 9621 2008 2008 12189 Years

17056 Years 2009 2009 17661 14416 2010 2010 16291 14170 2011 2011 14164 2012 15853 2012 15939 2013 17988 2013 18154 2014

2014

16021 18520 2015 14914 2015 19302 2016 16514

CHAPTER 2016 21619

2017 15587 2017 21743 2018 20647 2018 22282 6 69

Statistical data AnalysiS 70 Supreme Court of Pakistan

Trend of Pending Cases from 2001 to 2018

Trend of Pending of cases over the last 18 years 45000

40000 38900

35000 40535

30000 27639

25000 32744 20480 20228 27614 17410 20000 17370 15186 22979 13724 13070 Number of Cases 15000 20031 20314 18359 10000 17754 14984 5000

0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Years

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

Fresh Year Last Balance Total Disposal Pending Institution 1950 0 25 25 11 14 1951 14 31 45 19 26 1952 26 53 79 31 48 1953 48 65 113 95 18 1954 18 50 68 48 20 1955 20 140 160 92 68 1956 68 63 131 42 89 1957 89 44 133 59 74 1958 74 1 75 16 59 1959 59 210 269 91 178 1960 178 288 466 285 181 1961 181 287 468 285 183 1962 183 382 565 273 292 1963 292 454 746 326 420 1964 420 367 787 316 471 1965 471 392 863 379 484 1966 484 371 855 384 471 1967 471 328 799 335 464 1968 464 426 890 341 549 1969 549 829 1378 359 1019 1970 1019 541 1560 343 1217 1971 1217 118 1335 350 985 1972 985 138 1123 387 736 ANNUAL REPORT June2018 -May 2019 1973 1974 1975 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 Year Last Balance 10660 11106 10832 11009 11584 10233 9619 9614 8670 7737 6790 6944 6947 6725 5390 5406 4700 5338 4089 4443 4978 5516 3824 2828 2320 2354 1791 1678 5978 5171 4768 4610 4484 4372 4709 4492 4026 3790 2866 2714 2009 1588 736 653 568 550 Institution Fresh 3395 3733 4154 3231 4753 4811 3754 3700 4054 4456 2831 3104 3051 3141 2865 1920 2375 3100 3055 1883 3282 1949 4919 1872 1200 1525 4808 1208 1301 2279 1415 1130 1186 1459 1127 1334 1284 1208 166 174 207 978 541 772 765 603 14055 14839 14986 14240 16337 15044 13373 13314 12724 12193 10048 9621 9998 9866 8255 7326 7075 8438 7144 6326 8260 7465 8743 4700 3520 3879 6599 2886 7279 7450 6183 5740 5670 5350 5250 5951 5153 4562 4200 3479 3293 2191 1758 Total 902 827 775 Disposal 4480 4179 3880 3408 5328 3460 3140 3695 3110 3523 1884 3258 3054 2919 1530 1936 1669 3738 1806 2237 3817 2487 3227 1559 4245 1095 5601 1472 1012 1060 1242 249 259 225 876 692 972 866 878 661 536 410 613 579 182 170

CHAPTER

Pending 10660 11106 10832 11009 11584 10233 9575 9619 9614 8670 7737 6790 6944 6947 6725 5390 5406 4700 5338 4089 4443 4978 5516 3824 2828 2320 2354 1791 1678 5978 5171 4768 4610 4484 4372 4709 4492 4026 3790 2866 2714 2009 1588 653 568 550 6 71

Statistical data AnalysiS 72 Supreme Court of Pakistan

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

Fresh Year Last Balance Total Disposal Pending Institution 1950 0 9 9 1 8 1951 8 154 162 93 69 1952 69 141 210 186 24 1953 24 213 237 217 20 1954 20 205 225 210 15 1955 15 228 243 199 44 1956 44 278 322 268 54 1957 54 305 359 314 45 1958 45 408 453 408 45 1959 45 218 263 385 -122 1960 -122 199 77 251 -174 1961 -174 886 712 861 -149 1962 -149 1277 1128 1337 -209 1963 -209 1218 1009 1069 -60 1964 -60 1318 1258 1341 -83 1965 -83 2038 1955 1999 -44 1966 -44 1845 1801 1912 -111 1967 -111 2316 2205 1923 282 1968 282 1857 2139 2018 121 1969 121 1728 1849 1740 109 1970 109 1478 1587 1489 98 1971 98 640 738 230 508 1972 508 974 1482 489 993 1973 993 1092 2085 678 1407 1974 1407 633 2040 373 1667 1975 1667 5755 7422 4266 3156 1976 3156 2370 5526 1746 3780 1977 3780 2651 6431 2676 3755 1978 3755 2651 6406 1153 5253 1979 5253 2455 7708 2734 4974 1980 4974 2519 7493 3804 3689 1981 3689 3689 7378 2249 5129 1982 5129 3365 8494 2399 6095 1983 6095 2888 8983 3270 5713 1984 5713 3934 9647 2302 7345 1985 7345 3663 11008 3616 7392 1986 7392 2935 10327 3486 6841 1987 6841 3803 10644 4379 6265 1988 6265 4429 10694 5942 4752 1989 4752 3534 8286 7528 758 1990 758 3999 4757 3621 1136 ANNUAL REPORT June2018 -May 2019

2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 Year Last Balance 23582 19127 14378 10108 10923 10751 10200 12657 12763 13625 19480 22764 16516 13839 10245 8384 9524 7535 6620 6461 6306 5648 3877 3805 3189 1877 3092 1136 Institution 16070 14267 15328 13433 11164 10877 10857 10091 14656 11070 11472 12143 Fresh 9066 8783 6976 6398 5602 5052 8647 6530 7089 8400 6749 4735 4879 4983 1818 3560 39652 33394 29706 23541 19548 22414 19989 19534 21057 22748 19739 20023 25082 27816 31172 24909 21717 19678 15267 12991 13395 14048 10626 8540 8068 6860 4910 4696 Total Disposal 12617 10579 12017 10465 10306 12548 11457 9812 9163 9440 8611 7082 7260 8336 8408 8393 7878 9433 7732 6371 6934 7742 4978 4663 4263 3671 3033 1604

CHAPTER

Pending 27035 23582 19127 14378 10108 10923 10751 10200 12657 12763 13625 19480 22764 16516 13839 10245 8384 9524 7535 6620 6461 6306 5648 3877 3805 3189 1877 3092 6 73

Statistical data AnalysiS 74 Supreme Court of Pakistan

6.4 Institution of Petitions and Appeals over the last six decades

Cases 1960 1970 1980 1990 2000 2010 2011 2012 2013

Petitions 199 1478 2519 3999 8647 10857 8783 9066 10877

Appeals 288 541 1334 1301 3055 4054 3700 3754 4811

Total 487 2019 3853 5300 11702 14911 12483 12820 15688

Cases 2014 2015 2016 2017 2018

Petitions 11164 13433 15328 14267 16070

Appeals 4753 3231 4154 3733 3395

Total 15917 16664 19482 18000 19465

Petitions Appeals Total 25000

20000

15000

10000

Number of Cases 5000

0 1960 1970 1980 1990 2000 2010 2020

Years 7 HUMAN RIGHTS CELL

CHAPTER 7

HUMAN RIGHTS CELL

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 76 Supreme Court of Pakistan

HUMAN RIGHTS CELL

7.1 Human Rights Cell (HRC)

Every human being inherently acquires certain inalienable rights, irrespective of their religion, colour, creed region, sex, or any other status. The same are guaranteed by our constitution and international conventions, covenants and declarations. Denial of human rights jeopardizes the balance and stability of a society and is always a serious threat to humanity. These rights are universally recognized and therefore enshrined in constitutions of all civilized states.

The failure of institutions to protect the human rights creates a state of chaos. Resultantly, different interest groups, while taking the advantage of situation, start a spree of exploitation. During such difficult times, in order to protect the rights of downtrodden multitudes, courts act as saviour. In Pakistan, there has always been an incessant endeavor by the Apex Court to protect and save especially the vulnerable segments of society from oppression and discrimination. Performance Statistics

The Human Rights Cell disposed of 105617 applications, during last year (from 01.06.2018 to 31.05.2019). Following table describes year wise Institution and Disposal of cases. 7.2 Institution, Disposal and Balance of Cases from June 2018 to May 2019

Pending Process Institution Disposal Balance

10841 97885 105617 3109

Year-wise Institution and Disposal of Cases

Year Opening Balance Institution Disposal Carried Forwarded 2008 0 81 81 0 2009 0 9879 3095 6784 2010 6784 59878 51756 14906 2011 14906 48388 47024 16270 2012 16270 42999 45334 13935 2013 13935 48738 41648 21025

2014 21025 29372 38908 11489 2015 11489 27843 28806 10526 2016 10526 29259 30124 9661 2017 9661 29892 31101 8452 2018 8452 105847 88546 25753 2019* 25753 18463 41107 3109

*upto 31.05.2019 in HR Cases disposal. in HR The above tabular ANNUAL REPORT June2018 -May 2019 May April March February Jan, 2019 December November October September August July June, 2018 Months Y Month-wise InstitutionandD ear-wise InstitutionandD 70000 10000 20000 30000 40000 50000 60000 0 statistics showing Opening Balance 10090 16702 22568 25753 24733 22889 20023 15432 13259 10724 10841 2008 2951

2009 Institution isposal isposal ofCasesfrom June2018 to May 2019

year-wise institution/disposal ratio since 2008,reflects considerable increase 2010 Institution 97885 10599 14071 12309 15109 11218 4375 2541 2359 3623 5565 9025 7091 2011

2012 Disposal

2013 Disposal 105617 12227 10518 4217 9680 8971 9489 8750 9579 9443 6852 8683 7208

2014

2015

Carried forwarded

2016 Balance 10090 16702 22568 25753 24733 22889 20023 15432 13259 10724 3109 2951

2017

CHAPTER 2018 May, 2019 7 77

HUMAN RIGHTS CELL 78 Supreme Court of Pakistan

The month wise data shows that against total institution of 97885 complaints, the disposal was 105617 during this year.

Ins. Dis. 16000 14000 12000 10000 8000 Cases 6000 4000 2000 0

Months

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

Institution Disposal In Process

688 662 26

Disposal & In Process

Disposal 96%

In Process 4% of been frauds and complaints againstPublic functionaries,mostly Generally, The ANNUAL REPORT June2018 -May 2019 The the competent Courts. land period June 2018to May 2019. transfer dispossession

overseas above mafia Chart done in

and property matters in Miscellaneous Passport &CNICmatters Complaints againstPublic Functionaries Harassment &Protection Fraud inInheritance matters, etc Illegal Transfers of lands Delay Illegal possession with reveals figures Pakistanis misappropriation Pakistan from regard indisposalof

purchase of and ratio their

Overseas or confined to histogram

the of cases properties,

and the usurpation of cases Delay in disposal of of disposal in Delay Pakistanis of

investments, in their nature

illegal show jails Cases 13%

Category inherited delay abroad

of of dispossession that are

their grievances in the with 688 decision are shares

share problems Fraud in inheritance inheritance in Fraud regard complaints Revenue, NADRA sorted matters, etc matters, IllegalPossession by 21% in as of of

relatives, inherited

to 37% respective out

expatriates relating their retrieval through from

cases threats properties, to Overseas Harassment& rights andImmigration authorities,etc. of Protection issuance i.e. Public Functionaries Public Foreign

pending Complaint against against Complaint 6% their and the of Miscellaneous 7% Passport & CNIC CNIC Passport &

properties parties harassment inordinate Pakistanis matters 5% highest of Ministry. 4% in

passports Courts, Institution require percentage 142 688 258 from 37 25 52 39 47 88 Nothing were delay not followed and formal illegally CHAPTER to

received in CNICs. pursue disposal much being adjudication

by possession

Complaints could during their fraudulent

of of

cases, illegal cases

have

the by of

7 79

HUMAN RIGHTS CELL 80 Supreme Court of Pakistan 8 IMPORTANT CASES DECIDED BY THE SUPREME COURT

CHAPTER 8

IMPORTANT CASES DECIDED BY THE SUPREME COURT

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 82 Supreme Court of Pakistan

IMPORTANT CASES DECIDED BY THE SUPREME COURT (SUMMARIES)

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

In this case, the Court discussed as to whether the rule and India, the Court observed that this rule is aimed of falsus in uno, falsus in omnibus (false in one thing, towards discouraging false testimonies in criminal trials. false in everything) is applicable in criminal trials in In order to underscore the significance of this rule, Pakistan. the Court analyzed the consequences of its rejection by Justice in Ghulam Muhammad This issue arose in the backdrop of Criminal Appeal v Crown (PLD 1951 Lahore 66). While analyzing its No. 28-L of 2013. In that case, the Court had set aside reasoning, the Court observed that this decision was the conviction of one Muhammad Ilyas under Section based primarily on practical considerations in the 302(b) of 1860 (PPC) based on, context of Punjab, rather than on legal and evidentiary inter alia, the false testimony of Constable Khizer Hayat. principles embedded in our criminal justice system. To The Court had observed that the testimony of Khizer substantiate this claim, the Court perused the relevant Hayat as eyewitness of the occurrence could not be provisions of the PPC, Offence of Qazf (Enforcement of believed, for his presence at the place of occurrence Hadd) Ordinance 1979, international legal instruments, is disproved by the record. Indeed, the record showed verses of the Holy Qur’an and various Ahadith. Based on that at the time of occurrence, Khizer Hayat was this analysis, the Court held that giving false testimonies present on duty at a police station in Lahore, which was is not only an offence in Pakistan, but is also strictly hundreds of miles away from the place of occurrence. prohibited in Islam. Rejection of falsus in uno, falsus in While setting Muhammad Ilyas’ conviction aside, the omnibus in Ghulam Muhammad case (supra), the Court Court had also issued notice to Khizer Hayat, asking held, encouraged false testimonies in criminal trials, him to ensure his presence in the court on 04.03.2019 making it ever more difficult for judges to ascertain the to explain as to why he should not be prosecuted for guilt of accused persons. It was held that the job of the perjury under Section 194 of the PPC. On the appointed judges is not to ascertain the truth of a matter, for that day, Khizer Hayat appeared before the Court, but could would require complete knowledge of the facts which not persuade the latter as to the truthfulness of his are virtually never brought before the courts, but to testimony against Muhammad Ilyas. assess whether the prosecution has proved the guilt of the accused person(s) beyond any reasonable doubt in While referring the matter to learned District and Session accordance with the law. And, to facilitate this process, Judge, Narowal, for proceeding against Khizer Hayat the rule of falsus in uno, falsus in omnibus, the Court under Section 194 of the PPC, the Court also addressed held, is emphatically provided both in Islam and in the the deeper question regarding the abundance of false criminal justice system of Pakistan. It was through this testimonies in Pakistan. It noted that this abundance reasoning that the Court reintroduced the rule of falsus is owed primarily to the fact that the rule of falsus in in uno, falsus in omnibus in the criminal justice system uno, falsus in omnibus has been erroneously held to of Pakistan, holding that if a witness is proved to have be inapplicable in our country. Tracing the emergence lied in part of his testimony, his entire testimony shall be and development of this rule in different jurisdictions, rejected as a rule. including United Kingdom, United States of America The be conducted inonego. law that suchparade quamany accused persons cannot manner. “(a) Memories guidelines, inter proceededtoprovide consolidateda summary of these ensure itscredibility inacriminaltrial. The Court then as tohow parade sucha be conductedshould as to so judgments,courtsthe have provided detailedguidelines paradedevelopedhas over many Indecades. various Kanwar test Anwaar Ali, Special Judicial Magistrate, conducted the a (b) 259 Thisarosecase backdropthe in of Criminal AppealNo. conducted. and gave detailed guidelinesasto how thistest isto be identification (c) Asfand in (e) (d) and f if (f) In 8.2 ANNUAL REPORT June2018 -May 2019 this object identification Court of inspire instance arrest, possibilities. witness possible opportunity identification the identification proceedings are held.…; not early aspossible.Such suspectsshouldpreferably all. their arrest cannot beruledout,is worth nothing at rule ofrule prudence downlaid by superiorthe Courts have report abouttheproceedings; police stations; as with theaccused persons shouldbeasmuch police accusedthe which persons have remained in proceedings,must verifyifperiod, the any, for 9 or 10.…; accused persons andthe dummiesshouldbe1to number identifying the of

there test order case,

Yar

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

Khan of was noted custody the identification,

confidence, be to the remanded are

therefore, of having test … and fade suspects

guard wherein subjected

held alia,asfollows: Ali Therefore, based persons an more Court It that identification … should parade and

parades paid after should and accused that ordinarily seen against the on¸ must accused supervising discussed imperative no visions

to are the their must after (dummies) while be of to where practice inter heed be the an police

put should test the incorporate kept Court the

arrest

theoccurrence; person ensured identification

be get alia, parade the conducting to accused persons accused to identification, possibility the in the identification custody held blurred to of the the

ratio had and to never judicial the

test eliminate possibility evidentiary in by well-established fact be that, at before than this acquitted criminal in

persons between

identification identification with

intermingled chance,

that of this the be an in custody parade, after fact

a one unlawful then the passage held the all witness Kanwar

tests parade, earliest of

cases,

in value such after their

who first one test the the the the

his till as to at

the (h) it (g) should, TheCourt thatheld also measuresthe above listed the (n) j the (j) In proceedings.” the i the (i) are (m) the which the of law demandbefore some respect canbeshown to only and (l) k where (k) addition no

identification stationed communicate as one no is who proceedings,the witnessing such totake their Itturn. ensuredtobe has also that fortocommunicatehim those with havewho yet lodgedis at placea from wherenotis it possible participated mind nota silent just be spectator of in the samebearing takeintelligentan interest proceedings the in and person; ordinarilyrespectin held be of accusedeach III of Lahore High Court Rules andOrders.” reporthis formthe in prescribed by CH.II.C. of Vol. the proceedings; and the is and addresses; the depends only persons objections the picked by the witness; statealso should numberthe of persons wrongly the Magistrate mustsorecord inhisreport and the in hisreport; an thatfoea personas friend, a as i.e. or ofculprit a as the person,Magistratethe the ask must about witness before, duringor evidence illustrative are doubt must offence however, the that accused Magistrate Magistrate Magistrate connection proceedings precautions parade Magistrate where Magistrate at required to a members all (dummies) be separate mandatory witness at the offered times etc. and along a of persons a in not ensured uponhis proceedings. witness with theidentifying

place foregoing,

to has the is and is the statements, in conducting that be taken after and required obliged be must with of which correctly through to identification who then taken identification precautions

from

but or taken the that the give theproceedings; identifies that by

their vigilance andcaution; by form incorporate faithfully life at the

where the as to

jail him after a the to before,

the All

certificate before the exhaustive and prepare the if parentage, CHAPTER identifies record witness Court

staff part identifying for any,

these his same he liberty a which test proceedings proceedings,

a

witnesses; parades of person during participation record cannot made etc., a fair in also

this a the has time requirements identification at witness his list

an

of of the occupation conduct the is statement

witnesses held

line-up

identified someone either the and report of wrongly, they accused observe able all

Courts should end all steps

must he after that:

has the the

are he by all to of of at is

8 83

important cases decided by the supreme court 84 Supreme Court of Pakistan

i) the witness should specify the role of the accused The Court then concluded with the observation that person during identification: and ii) every accused “a test identification parade and correct pointing out person should be put to a separate test identification of an accused person by an eye-witness therein is not parade. a substantive piece of evidence and failure to hold a test identification parade is not always fatal to the prosecution’s case.”

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

In this case, the Court discussed as to who can In Qisas cases, the Court held that Section 310 of the compound an offence under the provisions of Pakistan PPC provides that the wali of a victim can waive her right Penal Code, 1860 (PPC). to Qisas. According to established principles of law, wali This issue arose in the backdrop of the following facts: is the person who can inherit from the victim. And it has One Muhammad Aslam was murdered, leaving behind been repeatedly held, for the purposes of compounding a son, a wife and a father. A criminal trial followed in a right to Qisas, that wali includes not only the direct which the accused were convicted and sentenced for heir of the victim, but also the heirs of her direct heirs. Qatl-i-amd. The accused persons filed an appeal in the This means that when a person is murdered, her wali Lahore High Court, Lahore (LHC) to challenge their can claim the right to Qisas or can compound it under convictions. During the appeal, the son and the wife Section 310 of the PPC. Furthermore, since this right entered into a compromise with the accused. The father to compound is inheritable, therefore, upon the death however refused to enter into any such compromise. As of the wali, it devolves on her heirs, entitling them to it happened, the father died before the culmination of compound victim’s Qatl-i-amd, even though they do not appeal proceedings, and the Court was again requested directly inherit from her. to sanction the aforementioned compromise. This time, however, the heirs of deceased father refused to enter In contrast, the Court held that the Ta’zir regime works into a compromise with the accused persons. Faced with differently. Under this regime, as Section 345(2) of the this situation, the LHC held that the sons of deceased Criminal Procedure Code 1898 provides, an offence of father were not legal heirs of the victim. Therefore, their Qatl-i-amd can only be compounded by the direct heirs refusal to compromise was irrelevant for the purposes of of the victim and no one else. compounding the said offence. Based on this reasoning, the LHC accepted the aforementioned compromise and With this reasoning, the Court observed that the set aside the convictions of the accused under Section present case is admittedly that of Ta’zir and not of 302(b) of the PPC. Qisas. It involves neither a confession of the accused This judgment of the Lahore High Court was then before the Trial Court nor tazkiya-tul-shahood of the challenged in the Supreme Court of Pakistan, wherein witnesses. In absence of these two, the Court held, leave to appeal was granted. While considering the every criminal case is to be considered a case of Ta’zir. matter, the Court observed that our criminal justice And, in light of the preceding reasoning, an offence of system provides for two regimes in relation to Qatl- Qatl-i-amd falling under the category of Ta’zir can only i-amd: i) of Qisas; and ii) of Ta’zir. Both these regimes be compounded by her direct legal heirs and no one are derived from different sources, concern different else. In this case, the only surviving legal heirs were the legal provisions and provide for different evidentiary son and the wife of the victim, who had already entered standards. Given this understanding, the Court held into a free and complete compromise with the accused that the question as to who can compound an offence persons. In light of the foregoing, the Court sanctioned of Qatl-i-amd depends on whether that offence falls this compromise, dismissed the appeal and acquitted into the former category or the latter. the accused of the charge of Qatl-i-amd under Section 302(b) of the PPC. its the provisions questions, The Court observed that “To answer theforegoing court? The Historical background: aspirations of dispute (iii) (and Pakistan’s reminder of thosecommitments butespecially from These Kashmir. commitmentsofpeople tothe made Jammuand (ii) United of one Kashmir Indian to aplebiscite was, at leastostensibly, echoedalsofrom What accede to India or Pakistan.” contrived not of itsmaking. The originsof thedispute lay inthe embroiledPakistan strifein that notdid it wantand was countries—countries couldhave produced two empowered, independent of to of forplebiscitetodeterminea the ofwishes people the accepted, ade-escalatory approach leadingupto calls acceptable rights prejudice was resultantheroic resistanceand uprising by majoritythe rights Baltistan constitutional The caserelates to the very important historical and 8.4 Civil Aviation Authority Vs. Supreme Appellate Court ANNUAL REPORT June2018 -May 2019 Kashmir intervention asked from population by state,

decide What the commitment GB Is the British a Kashmir of but indeed the the the does and which constitutional available side,

region. productive Nations within

British Partition’s in to dispute rights Their Mian Saqib Nisar] Saqib Mian Gilgit-Baltistan (PLD 2019 SC 357 [Hon’ble Mr. Justice inevitable. (GB) GB whether UN (some case in Pakistan’s Raj side a accordance India to and it require perhaps

the armed status, issue, was thepeopleof Supreme recommended, to and

Pakistan is Successive importance can including the issue for most were; to to to sanctioned constitutions facilitate by by might pertinent

contrary erupting the

be a the its starting

defining the clarification constitutional conflict) accession such role and provisions peaceful Subsequent in with cause granted definitely involving people. State (i) Appellate basis Hindu with (which even an and the appropriate Would a cooperative Security

a is “free attempt and as Kashmir.” to and of to for shortly International moments. shared enhanced professed Powers, recognition say of resolution ruler it and to

The Jammu the could, by are

escalating is

examine did both and and

supervised the the the

Court granting coerced) United that

Princely

not scheme expectations of Council Pakistan key

in to thereafter, history people impartial

Pakistan certainly resolution for a status means judiciary the and only the

calm Muslim by to A questions a future—instead

of

example, to some constitutional Nations

into dying Law

process some Kashmir

be commitment

fundamental accession a the

States. of Resolutions of plebiscite)? the and the continuing as and of

plebiscite and preferred

a

GB? reiterate Pakistan majority Kashmir and and became

dispute may days of people special of uproar of Gilgit- hopes India. stem India

(UN)

be

is And that The the the the the the

be to of of a

again that:- Primethe Minister of Pakistan, Mr. Nehru declared, yet unabated. In histelegram of 4thNovember, 1947to Mr. people right Mr. influence theState to accede to reasserted asfollows:- PrimeMinister of Pakistan, Primethe Minister of India Similarly,telegramhis in of October,31st tothe 1947 Khan, Mr. Nehru reiterated that:- his telegram of 28thOctober, 1947to Mr. Liaquat Ali direct Kashmir would 27th Minister of Britain to thePrime Minister of Pakistan on ofIndia wasrepeated forwardedand by Primethe to this view.” This commitment of thePrime Minister accordance the with ofwishes and people weadhere in any disputed territory or State mustbedecidedin repeatedly the State to accede to India. Our view which we have of arrangement. His telegrams to thePrime Ministers this law paragraph determined around unambiguously Primethen Minister of India, Pandit JawaharlalNehru alleged make Maharaja’s the that create be (i.e.,

Pakistan

more Nehru emergency and British the Nehru’s whether of the peopleof merely futureof Statethis oftopeople Statethe notis restoredleaveand regardingdecision the the people’s no desire to imposeany decisionand will abideby from “Ourassurance that weshall withdrawour troops and thattoreference subject is this of topeople State “In regard to accession alsoithasbeenmadeclear October, it communications the like

of the the

declaration in clear question order.

unambiguous their Kashmir

continued impression this made to No.3, accession Kashmir Kashmiri Prime obvious

by and a

claims make wishes. ” as

that

emergency pledge

decision. 1947 its What, is committed public the part he not of

own Minister, Kashmir to

the it

of as injustice people the his of committed by to United that designed so clear to

after of is

with people

soon accession question than protestations The India stating sincerity

future decide your that

Pakistan is any

andto the that to all, not himself Pakistan’s Clement Government Kingdom

Mr. the

of as was Indian Government so after in of

could India. that designed the their CHAPTER Maharaja

that peace question of

decide any Nehru’s in Jammu only to or

question aiding the

to recognition “He

empowering of future Attlee ” way India. “I (at India)

leaders. world.” (UK) provisional

supporting and the would restoration their in least adds of

and of Hari to telegram but Kashmir

any India

continued

sought Thus, would where, order accession plebiscite

influence of future Kashmir Thus that facially)

Singh’s also

way like of aiding

have

and the the the the are

he be to to to to to of in in in in

8 85

important cases decided by the supreme court 86 Supreme Court of Pakistan

“I wish to draw your attention to broadcast despite the passage of seven decades the promised on Kashmir which I made last evening. I have plebiscite has yet to be held and the territory of Kashmir stated our Government’s policy and made it clear continues to remain divided—Jammu and Kashmir that we have no desire to impose our will on under the Indian Constitution, increasingly subsumed Kashmir but to leave final decision to people of into India (hereinafter referred to as “Indian Occupied Kashmir. I further stated that we have agreed on Kashmir” or “IOK”) on the one hand, and the State of impartial international agency like United Nations Azad Jammu and Kashmir (hereinafter referred to as supervising any referendum. This principle we are “AJK”) and the territory of GB on the other. prepared to apply to any state where there is a dispute about accession. ” Over the decades the trajectories of the divided region have diverged. The part under Pakistan’s administrative Mr. Nehru’s claims of fealty to the rights to the Kashmiris control (i.e., GB)—subject to the writ of the Constitution were echoed by his government’s representatives. The of the Islamic Republic of Pakistan, 1973 (the Indian representative to the UN, Mr. Gopalaswami Constitution)—and that aligned with Pakistan (i.e., AJK) Ayyangar, made a policy statement in the UN Security have progressed (though perhaps not as swiftly or as Council on 15th January, 1948 where he claimed that much as Pakistanis would have desired) and remained India desired “only to see peace restored in Kashmir and largely at peace, while the portion of Kashmir under to ensure that the people of Kashmir are left free to Indian control has been convulsed with resistance decide in an orderly and peaceful manner the future of and rebellion—expressions of popular sentiment that their State. We have no further interest, and we have have been met with ever worsening repression and agreed that a plebiscite in Kashmir might take place suppression. under international auspices after peace and order have been established.” Conclusion: It was on the basis of such assurances that the UN The Court agreed with the conclusions of the Committee Security Council passed resolutions on 17th and 20th (i) that there is a need for further substantive reforms January, 1948 establishing the UN Commission for to enhance the participation of GB’s citizenry in India and Pakistan (UNCIP). The UNCIP was directed to governance; and (ii) that in no way and at no point should investigate the facts and to report its advice. On 6th the proposed reforms prejudice Pakistan’s principled February, 1948, the Security Council made an appeal to position regarding the status of Kashmir. Indeed, the both parties to agree on a just settlement of the Kashmir latter point is of crucial importance and must guide and problem, to put an end to violence and hostilities and inform any and all recommendations regarding reforms to withdraw all regular and irregular forces who had in GB. entered the State from outside. These resolutions were It was, however, observed that the Court is cognizant of supplemented by a comprehensive resolution passed the fact that nothing this Court recommends or orders on 21st April, 1948 and the UNCIP’s resolutions of should affect the nature and status of the Kashmir issue. 13th August, 1948 and 5th January, 1949. Truce was It is within this light that we have reflected upon the declared on 1st January, 1949. However, rather than recommendations of the Committee with great care. adopting the process of demilitarization as envisaged in We also recognize that some of the recommendations the aforesaid resolutions India has made the area that may require Acts of Parliament and even amendments it holds in Kashmir as one of the most militarized areas to the Constitution. At the same time, we have also in the world. been comforted by the fact that the Committee itself was acutely aware of the sensitivities of the issue We have taken the liberty of citing at length from before it, and provided its recommendations only after the statements of the Indian leadership because it considering their implications, if any, on the status of is important to understand that the concept of the the Kashmir dispute. … … As a responsible member international nature of the Kashmir dispute was not a of the comity of nations Pakistan remains aware of its demand put forth merely by Pakistan. To the contrary, obligations in such terms. As and when the promised the repeated statements of Mr. Nehru make clear that plebiscite is organized by the parties to the dispute, it the right of self-determination of the Kashmiri people will be up to the people of all of Jammu and Kashmir, was a right acknowledged, promoted and committed to and of GB, to make their choice. Till then, it is surely by the Government of India as well as the Government incumbent upon both India as well as Pakistan to ensure of Pakistan and embraced and sanctified by the that the people of this region enjoy maximum rights for international community through the UN. areas within each country’s control. Therefore, till such time that the plebiscite is held, a proper arrangement Commitments of this nature ought to be inviolable. must be provided for by Pakistan for the people of GB Pakistan has certainly not resiled from its commitments for purposes of governance within a framework of a — whether to the people of Kashmir or the international constitutional nature, including most importantly the community. However, and this is a sad but hard reality, enjoyment of fundamental rights. v. iv. i. Jirgahs/panchayats iii. constitution ‘council custom-drivenparallel systemslegal formthe in of lies international they are illegalunder thelaw inplace read with the as that these informal village or tribalgatherings act Therefore and decidingfamily, civil,criminalandother disputes. bodies legality declarations under with . The i. The Court heldasunder:- various treaties/conventions? i The ii. thereby Commission The 8.5 ANNUAL REPORT June2018 -May 2019 tribal of of

Khyber KPK, assume The law enforcement agencies allover Pakistan the spiritof ofpersons herebyis declared againstand illegal a without any lawful authority;any order,ordecision jirga/panchayat Sinceorindividual no persons ofname the in a a civildispute who willingly consent to thesame; the reconciliation acting criminal extent Constitution 175(3) of function procedure incourts andtribunals; treated equally before thelaw andinallstages of that everyone hasaccess to courts or tribunals, are responsibilityStatethe on of Pakistan toensure Pakistan’s the

courts in genesis the direction

areas, the

Article

of permissible awarding UDHR, operation Punjab, of Saqib Nisar] Saqib Justice (PLD 2019 SC 218) [Hon’ble Mr. Justice Mian Government of Pakistan through Secretary Law and National Commission on Status of Women Vs. other challenging manner

jirgas/panchayats Pakhtunkhwa reality

that the as the in matters; elders’ of is particularly theConstitution; on petition and commitments

arbitration,

human violative issued theConstitution; key the the 184(3) they jurisdiction international the ICCPR

Sindh

or that forums judgments, directions

in

of issues question or limits any

form however, or Status attempt their

is by in rights

jirgas/panchayats which ‘kangaroo and etc.

of

of under (KPK), and other

that in today’s any between

of

raised

Articles of mediation, the operation the of of Balochistan. do

etc. made activists

the from CEDAW arising

such to

whether,

they executing a

jirgas/panchayats, Women law jirgas/panchayats and not any commitments north Constitution civil adjudicate prevalent day in law courts’

individual may

whatsoever this 4, by parties in operate the

other

from and or filed to

some

8, of as Pakistan which negotiation

(NCSW) operate instant to Court criminal

10-A, the

The the punishments etc. age exist adjudicating

the in the involved the name rural on under extent Pakistan, or Province National informal petition violates place seeking

25 on instant civil

matter extent to in within under under group along court areas

and etc. etc. can the the the the or or of in a

x On ix. viii. After . The x. vii. vi. no disputes only. voluntarily to law enforcement agencies to ensure that theruleof (supra), grossly be ultra the fundamental right to equalprotection; the the two-month period; jurisdiction to spread auniform system of courts of ordinary for thedevelopment of infrastructure to take steps fromdatethe of announcementof judgmentthis 175 and203of justified of FATA province to throughoutcountrythe compliancea with report of thisjudgment which shouldbecirculated twowithin months from datethe of announcement procedures No.14 general guidingprincipleslaiddown inparagraph Thepolice ensuremust compliance thewith accordance with thelaw; said etc. shallbejointly heldresponsible for the persons initiate theprocess of adjudicatory direction Ifconsequencea as of any order,decision, illegal offender accord anygone crimehas unreported, theyof their own areto duty-bound be vigilant andensure that if

distinguished be arbitration rational

the is Province grounds rest law

Government offence

vires the observed Interim submitted

of discriminatory the file provincial

under involved

of laid of as

this 25th on or by basis

FATA FIR(s) (SOPs)

KPK in the

well bodies

of of and inducement the Regulation local down forums

judgment

theConstitution; and

any by KPK, KPK Amendment, from on

discrimination to province Interim and touchstone

as must of in with laws reducing

residents must which this reasonable

any in are

investigation; aiding KPK the the thus and which mandating

regard be is Azizullah Court Regulation to crime similarly and be people individual the in of is enjoys absolutely the one proceeded jirgas/panchayats CHAPTER such

contravention to introduced may all granted such of people standard at application is to which the

part classification Articles the of

placed, committed, the jirga/panchayat be Memon’s the the

the self-appointed the extent is of or

residents of approached declared six end unjustified,

cannot

protection rest KPK same against

local operating FATA group by 4, there months of of of

of of 8, while them

case

civil and etc. and can law the the the the the 25, be as of of in is

8 87

important cases decided by the supreme court 88 Supreme Court of Pakistan

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

On 19.03.2014, a notification issued by the Government grade and whereas it is in the domain of the of Sindh pursuant to the Sindh Civil Servants Pakistan Engineering Council to decide whether a (Appointment, Promotion and Transfer) Rules, 1974, particular academic qualification can be equated altered the qualifications required to be appointed to the with another academic qualification but it has no post of Executive Engineer (BPS-18). The notification power to say that the civil servants/employees provided, inter alia, for a 13% promotion quota for holding particular academic qualification cannot diploma holders and a 7% promotion quota for B.Tech be promoted from a particular grade to a higher (Hons.) degree holders. grade. Thus on the basis of above pronouncements of this Court, it is clear that the notification dated The Petitioner, who was serving as an Assistant Engineer 19.03.2014 cannot be validly or justifiably (BPS-17), challenged this notification on the grounds challenged on the ground that it impinges or that the post of Executive Engineer (BPS-18) involved infringes upon any of the provisions of PEC Act purely professional engineering work and hence, could and thus would be ultra vires. No such finding can only be performed by a professional engineer who holds justifiably be recorded in that as it has been laid an accredited engineering qualification, as provided by down quite empathetically emphatically that the the Pakistan Engineering Council Act, 1975 (Act V of government exercises its own power under the 1976) [the PEC Act]. domain of law with regard to promotion of civil servants/employees under Sindh Civil Servants Writing for the Court, Mr. Justice Gulzar Ahmed held Act, 1973 and Rules made thereunder while PEC that while the Diploma or B.Tech (Hons.) were not Act does not overreach or put an embargo upon accredited engineering qualifications under the PEC Act, the government in the matter of prescribing of this in itself did not take away from the Governments’ qualification and other conditions of service of discretionary authority to decide policy. civil servants/employees for their-promotion to higher grade… The Court observed: The petition was thus, dismissed with a note of caution 20. Further, the main principle that is deductible that “government shall not allow or permit any person to from the above judgments of this Court is that perform professional engineering work as defined in the it is the domain of the Government to decide PEC Act, who does not possess accredited engineering whether a particular academic qualification qualification from the accredited engineering institution of a civil servant/ employee is sufficient for and his name is not registered as a registered engineer or promotion from one grade to another higher professional engineer under the PEC Act”. appointment the HighCourt wouldreckonedbe fromdatethe of contendedand that inter seniorityse of judgesthe of Federation of theMuhammad Aslam, AdvocateSupremeCourt Vs. petitioner while waived (who thatcondemnedbeen had he unheard twoand judges basis respondents It 19.02.2010. entered and order the raisedforissue the years,hence acquiescedhad to consent,the with moreover, respondentsthe nothad their when inter-seseniority reckonedbe should from datethe claiming to administered Court wasinformed accordingly. Therefore,he was per Pakistanfor oaththe forscheduled asand 19.02.2010 of High 20.02.2010. the Justice 02-2010 was issued.On 19.02.2010,thethenChief the President as and filed Briefly including Respondents No. 3to 5. and someother judges of theLahore High Court whereby High Court, Lahore, againstorder dated 26.11.2016 Constitution Court Constitution 8.7 ANNUAL REPORT June2018 -May 2019 was,

Additional time the

seniority his Lahore oath

twenty re-fixed by

Court had respective of respondents the

had accepted inter stating then case

of

off was his the

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

since to

and and petitioner of

the re-fixed

(‘the alia, office High their the

one

Chief Petitioner, of of not they Thereafter, 21 were their Paksitan Judges as the then Petition facts in the an

Lahore the Islamic retired) then contended Additional

out respondents’) oaths. such the in

(21) Court. were right,

oath by order seniority Justice inter-se petitioner. Chief inter-se had senior of the

of and of making Chief representation

and other behalf the Republic

under senior

High had of

the a made Chief country the if was certain

The

Justice the sitting case his others of

to any,

Justice seniority on of Judges

Lahore also seniority

persons 22

his Court a

that the Petitioner to said the He the office Justice Article their behalf made Notification are

of to Judges the Additional filed oath and judge (2014 relied of Lahore

petitioner Pakistan, petitioner. the of respondents

that High seniority and

had

oath petitioner

the

of the a of affidavits could the were by of on vide 184(3)

representation petitioner

of

upon the

of the

the not SCMR at administered Court Lahore holding next 20.02.2010, respondents Lahore

of High

the the that appointed

Judges dated impugned

not petitioner 1973 petitioner petitioner

was office from the qua

Primary as day of Lahore Lahore having by Court, 1289) made reach point

fixed

High High their case that

was had

17- the the the the on on of

2006 William 1180) SC Bar interpreted. He relied onthecasesof Supreme Court ofcase appointed makes anoath andthejudgment inthe Punjab, It date of oath. Constitution. unless Article It was heldby thisCourt, that theplainreading of Respondents No. 3to 5. by thelearnedcounsel appearingonbehalf of private L. also appoints” “with praesenti; not have thetone andtenor of anappointment in Lahorethe High Court revealed that didsame the a the appointed Constitutional oath,an period such wouldcommence under the person as upon hismakinganoath. He further contended that judgea as of Highthe Court wascompleted only their to (Lahore) the oath Constitution the petitioner 19.2.2010, therefore, therespondents were senior to respondentsthe while theirmade had oaths on Chief from thedate when they madetheir oaths before the well the authority fixed Rev. was take per

939), Judges Association Constitution petitioner

as takes oaths,

was immediate Lahore

Justice as he Notification 199). the J, was contended effect 194 period that High well

Muhammad Aslam (supra)Muhammad Aslam wasmis- being Sabir Ali Sajid Vs. Muhammad Maqsood Marbury such made that made. it effect by in other thus, not, did the of These

as was It having beenappointed earlier. 607),

question, of Court when the had persons dispensation the

envisaged was Vs. his article

the not

effect” it spirit Perusal in the from suggested Additional

and that was President oath appointment Federation made by Winters of also fact, contentions the and state Constitution Lahore

When The appointment andRemoval of of appointment the the as additional

an including or in observed said

the of or Article the his

a terms that that intention date, appointment

Vs. Judges that the in from pre-condition an as said Additional Additional High oath of law Kiffmeyer the the Office CHAPTER

Additional notification were when 193 of of Pakistan where the appointments the Advocate that

on

suggested Court. a President Article would appointment the of the Judge petitioner, and vests date also

the the the the Judges Judges an petitioner appointment of (No. (PLD 194 take 194 appointing No 20.2.2010

scheme supported of person Judges (89 Office when

a

until whereby General,

“hereby C8-02- making person that doubt, of of of Notre effect made 2002 were were

(PLD

was

and the the the the

for so as of of a

8 89

important cases decided by the supreme court 90 Supreme Court of Pakistan

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

Two Civil Appeals arose out of the a common judgment and consequently compulsory retirement order was passed by Division Bench of the High Court of Sindh, set aside holding that it was issued by incompetent Karachi whereby compulsory retirement on the basis person in violation of section 8 of RSO, 2000. of financial impropriety under the Removal from Service (Special Powers) Ordinance (XVII of 2000) The Supreme Court of Pakistan held in appeal that (RSO, 2000) of the respondent (before Supreme in the present case, the Managing Director’s order Court) was set aside by the High Court while that of dismissing the respondent from the service was appellant of another appeal was upheld by the High admittedly ratified by the Board of Directors and the Court. Board of Directors unquestionably had the power to terminate the services of the respondent. Further The High Court had set aside the order of compulsory observed that since the order of the Managing retirement of the respondent on the ground that that Director had been ratified by the Board of Directors, in accordance with the RSO, 2000 the competent therefore such ratification related back to the date of authority is not bound to follow the report of the the order and validated it. inquiry officer which in the very term of the provision is of recommendatory in nature. The recommendations, Supreme Court of Pakistan observed that since PIAC in view of sections 3, 5 and 8 of the Ordinance cannot is a corporate entity, the right of hearing within the be construed to be binding upon the competent contemplation of subsection (2) of section 3 of RSO, authority Learned Bench of the High Court, while 2000 was accorded by the competent authority. The attending to objection as to non-signing of order of decision was also taken by the Chairman and CEO compulsory retirement by Chairman, CEO of PIAC though in presence of the other members of the Board being the competent authority and the effect of of Directors, such minutes are duly singed by the minutes of meeting of Employee Leadership Team Chairman and CEO and even otherwise independently (ELT) had observed that the provisions of RSO 2000 also Chairman of the Appellant-Corporation had were meant to provide measures inter alia dismissal, endorsed the decision of the compulsory retirement removal etc. of certain persons from government of the Respondent; which is a substantial compliance service and corporation service with the intention of subsection (1) of section 3 of RSO, 2000. Learned to provide speedy disposal of some cases and the Bench of the High Court fell into error while drawing matters connected therewith or ancillary thereto. This conclusion that no independent decision was taken by special law was crafted for special purposes in which the Chairman and CEO. Accordingly, such conclusion an internally constituted “Employee Leadership Team” is set aside and the Civil Appeal is allowed. (ELT) was foreign and unfamiliar. While exercising the powers under RSO 2000, the authority was obliged In another Appeal wherein the appellant had impugned to follow the letters of law in its true fundamental the judgment of the High Court for validating his nature and perspective. The compulsory retirement compulsory retirement order on the basis of financial order cannot be defended on the premise that since impropriety, the Supreme Court of Pakistan had the Chairman/CEO of PIA was present in the ELT observed that the very fact that financial loss caused meeting therefore, there was no need to sign the to the corporation was recovered from appellant, is compulsory retirement order by him. The RSO 2000 sufficient to show that the allegation of financial itself provided complete procedure and mechanism impropriety was not all together without subsistence. since the inception of inquiry till dismissal or removal Accordingly, no exception to the conclusion drawn form service, therefore, the compulsory retirement by learned Bench of the High Court is called for. order was not issued by the competent authority Therefore, the Civil Appeal is dismissed. Based Once democratic that“Rule of Law is a fundamental principle of any While the country. profession than academic excellence. … New entrants into the education, the marketand to reportstandardthe on of legal motivated the the society. … One of the principal causes of decline in object Committee professional crucial skills andprofessional ethics. … The omissionof this experience of senior members of the Bar to imbibelegal framed provide dynamic, industrious Judicature requires anequally independent, applicable law. An independent, competent, honestand decision of controversies according to the relevant and Bar and the Bench for ascertainment of the truth and with bedrock Court affiliated Commissions, of judgment”) by Constitution our country resolve disputes inaccordance with the Law substandard this judgmentPBC the As wasnot implemented,being country. mushroomgrowth of substandard law colleges thein Government Court rendered inPakistan Bar Council v. The Federal enforcementseeking of judgmentthe of Supremethe Legal a (“PBC”) 8.9 ANNUAL REPORT June2018 -May 2019 This

Special declining positive

standard Court and the young petition Education. containing on of training thereunder. justice deciding of under Ata Bandial] and others (2019 SCMR 389) [Hon’ble Mr. Justice Umar throughFederal Division Government Establishment Pakistan Bar Council through Chairman and others Vs. honest

to the uplifting constitutional

law require solely the vide training wherein society Committee of and development professionals safeguard law and of findings and standards

in made

was Constitution.

the legal colleges period

and Article order accordance degree productive by the The recommendations guidance

others the the The and

filed PBC dedicated and the education thereunder, commercial substantive

of Special the dated therefore, standard system

case, in duty 184(3) awarding these Court of by for services submitted that are of (PLD

Constitution. from

our

The

legal with the cooperation qualified

admitted 21.01.2018 Structural to Bar Committee

inspections, is on the considered had legal 2007 Judicature the Pakistan of of due law adversely considerations thereafter

enforce and in education institutions the imparted

legal for expertise, order

the its Court mushroomed to to system, new whole SC procedural to

all advancing proliferation report The

education between Constitution the

to Reforms Bar the

394) and constituted is members entrants. the the affects

inspected effectively by observed Courts entrusted flourishes

and it Bar, that skill Council Rule Special

all to matter (“PBC is them. rather laws it five and the the the the the the are of of of in in in in … is

include thefollowing: The progressing legal environment.” their skills and knowledge to maintain consistency with a necessary (d) (c) (b) (a) (m) (l) (k) (j) (i) (h) (g) (f) (e) HECP). that are not allowed to holdLL.B.classes. Budgets for for classes Graduate of to3 admission yearprogrammeLL.B. holdingand Programme -annualandsemester. Ban on Limit Ban Test Restoration colleges, Immediatedownclosing of lawunauthorised Establishment Assessment/Evaluation of Salary Allocation Bar Introduction Qualification Designing programmes asper criteria of HECP. in law andbanonmushroom admissionsto these law colleges. colleges. Monitoring Bar Directorate Test) (LAT). faculties. allowance for permanent members of law Court evening classesColleges/Universities.

Vocational Course. Council, Law

against that on for

package by

admission

finally Entry they Graduates Assessment the Disaffiliation of promotion of of Committee and of and of conducting of of

Universities/

continue

Funds

Curriculum faculty Legal to gave Bar Special and Constitution of to

Law

Entrance LL.M. of payment autonomous Education detailed Test (LAW-GAT)]. in

to (permanent

Equivalence College foreign LL.M. legaleducation. evolve, Federal of Examination. and Colleges CHAPTER

for of sub-standard Examination Ph.D.

of and directions

learn Implementation/ five (Law in universities

and non-practicing and the Ph.D. / programmes Examination Secretariat/ and

institutions year Admission visiting)

Provincial Pakistan improve

in which LL.B.

[Law law law (by at

8 91

important cases decided by the supreme court 92 Supreme Court of Pakistan

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

Fawad Qayum (“Fawad”) filed a suit seeking directions not seeking a declaration with regard to his own that the defendant, Laila Qayyum (“Laila”), was not his legal character nor asserted it, but instead had denied real sister but was adopted by his parents and as such the parentage of Laila. It was also held that in terms she had no right to his parents’ legacy. The suit was filed of section 39 of the Specific Relief Act Fawad could when Laila was nineteen years of age. Fawad also filed not seek the cancellation of documents as their an application seeking deoxyribonucleic acid (“DNA”) continuance did not cause him serious injury, which was test to be conducted by comparing Laila’s DNA with the requirement of the said section. Reference was also his and the DNA of his other siblings and mother. The made to Article 128 of the Qanun-e-Shahdat Order, father of Fawad had passed away. Fawad also sought the 1984 which had held that a child born within the period cancellation of the educational record and the record of mentioned in Article 128, “shall constitute conclusive NADRA which showed Laila to be the daughter of the proof of his legitimacy”. Conducting a DNA test was also late Abdul Qayyum. disallowed as a free lady could not be compelled to give a sample for DNA testing as it would violate her liberty, It was held that Fawad did not have the requisite dignity and privacy, thus, contravene Article 14 of the legal character under section 42 of the Specific Relief Constitution of Islamic Republic of Pakistan. Act, 1877 to seek such declaration because he was

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

A recently formed political party, Tehreek-e-Labaik assemble on it indefinitely. Election Commission of Pakistan (“TLP”), had occupied a road junction Pakistan had also not properly considered the manner (interchange) known as the ‘Faizabad Interchange’, in which the TLP was registered as a political party as a main entry-exit point to the Pakistan’s capital, well as the sources of its funds. Pakistan Electronic Islamabad, and its fourth largest city, Rawalpindi. This Media Regulatory Authority (“PEMRA”) was found not occupation or dharna effectively paralyzed the cities to have taken action with regard to those advocating of Islamabad and Rawalpindi. Lawyers too could not or inciting commission of an offence on its licensed attend Court and it was during the submission of an television channels. PEMRA had also failed to ensure adjournment application that this Court invoked its that the broadcast of its license holders was available powers under Article 184 (3) of the Constitution of the throughout Pakistan and was not interrupted. In this Islamic Republic of Pakistan (“the Constitution”). regard it was held that the intelligence agencies (IB, ISI and MI) had no authority to interfere in broadcast The scope of Article 184(3) was discussed and the and publications. It transpired that the intelligence stipulated two preconditions, that is the matter being one agencies were functioning without the cover of any law, of public importance and pertaining to the enforcement of therefore it was held that, “it would be appropriate to fundamental rights. It was determined that the matter enact laws which clearly stipulate the respective mandates was one both of public importance and also one of the of the intelligence agencies”. Reference was also made to enforcement of fundamental rights, including Articles the prescribed oath in the Constitution which members 9, 10A, 14(1), 15, 18, 23 and 25A. It was found that of the armed forces take which prohibits them from TLP was pursuing a non-issue purely for publicity and engaging in any political activity or supporting any political gains and had sowed discord and dissension political party, faction or individual. It was also directed, in doing so. It also resorted to mob-rule, rioting and “The Government of Pakistan through the Ministry of the destruction of property. The right to protest was Defence and the respective Chiefs of the Army, the Navy recognized provided it remained peaceful and did not and the Air Force are directed to initiate action against the infringe the fundamental rights of others and that personnel under their command who are found to have a road could not be used as a camping ground or to violated their oath”. of National intent,ofimpact and import 18 the requisite legalprocedures were not followed. The real institutions Zayed The Supreme Court declared thetransfer of Sheikh 8.12 ANNUAL REPORT June2018 -May 2019 the without lawful authority that through SZMC which wasclearlyestablished, provided The Majority view (by Hon’ble Mr. Justice Ijaz ul Ahsan) A Amendment was ignored andmisinterpreted. process projects Institute Postgraduate National and It following thenecessary legalprocedures. the furtherfound that transferredbeen had SZMC the by under the casethere was nodoubt that SZMC was covered The Constitution. impinge upontheprovincial autonomy granted by the mind, training forresearch forand professionalthe technical and Government to legislation Entry The enforce the same within itsterritorial limits. and provinces for itspurposes.However, insuchcircumstances, the

was mind undertake declaration power Federation Federal regulatory constitutive NMP the

Federal

examining No.37 Entry also Medical of including of on Institute (2019 SCMR 556) Department and others Vs. Dr. Nadeem and Others Rizvi through Secretary Health of main Musueam

have

doctors involving

complete found law of

Cardiovascular No.16 the had of Government

Medical to the Government projects

purpose does function. full the to to the part the instruments Complex, hospitals in of federation been and of the authority

Federal of the constitutional the Child such not

Provinces lack of the Center

Pakistan, related in

andof Provinces for cases the by transferred effect They Federal any projects Health,

and and without

Disease,

Legislative setting through any Lahore

to Federal Karachi to

including of

medical related of nolegaleffect. absence set can

without perform

stretch

Karachi that JPMC, Legislative the Karachi position as and up, due up enact Karachi (“JPMC”), Government. (“SZMC”), the research by unconstitutional, Federating th the staff. run List the

implement the NICVD, of

application Constitutional of following (“NMP”) the (“NICH”) the

contents and

and and are imagination SZMC aforenoted application trust That (“NICVD”), List. executive National facilities without operate allowed enforce Federal Jinnah NICH, It being deed units from was was The due and and of of

health place inthefederal list,andtherefore subjectsof public , forfederal notand purposes for ofthose provincesthe however, suchproperty andassets shouldbecatering authority is where enforcementof fundamental rights involvedis for buildings”and land vestedfederalthe in government competence Accordingly, the concept of Federalism. guaranteed Constitution. from Federal only. attributed exclusively “federal the Constitution The provincial subjects. which hospitals provinces. Theofsubject public and health public autonomy rather than to dilute thesame. of Minority view (by Hon’ble Mr. Justice Maqbool Baqar) was found to beunconstitutional. on constitutional provincial commencing day, were usedfor the“purposes” of a in thefederal government shall,incase they, onthe our Inorder tomaintain preserveand federalthe nature of said provincial government. The and

an

legislative

the Federal the Constitution, essence public obligation relevance the contains “purposes” and Legislative legislative commencement

has on government,

provisions with Government by to health public the throughout of and provinces, which powers To provisions

the

a a of the only transfer and Federal curtail executive

our

of Constitution and the list”, hospitals List property provides

provinces.

the

between one effort of significance public Federal shall Entry also as

or our so Federation Constitution to of Article of

legislative the

as circumscribe enforce

the

authority legislative should become confers

fall the that hospital to No.37 and/or same Government the The would aforenoted preserve CHAPTER within 247 constitution, all federation Fundamental be of as 1973

such again mentions properties is list properties

of exclusively history be federal of assets to the the

the the the

the anathema which interpret Constitution the powers do distribution institutions

under legislative

“purpose” provinces provincial power remained subjects, not and present evident “works, vested of

is which rights being

find and the the the the the

for of

8 93

important cases decided by the supreme court 94 Supreme Court of Pakistan

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

The case dealt with the confines of the provisions of Act can be used to consider the scheme and purpose of Anti-Terrorism Act, 1997 (ATA) and in what situation the act, in the mind of the accused. Since such pretext the Act can be applied. The crux of the subject matter is missing in cases of personal enmity, it is argued that revolved around a dispute over private property which ATA should cease to apply to such cases. led to 26 persons (including the respondent) firing indiscriminately, ultimately leading to one casualty from Having taken into account all relevant case law, the firearm injuries. court in this case proceeded to decide that in order to establish whether the provisions of Section 7 of ATA are An FIR was lodged under Sections 302, 324, 427 and applicable in a relevant case the courts are required to 147 PPC and during the investigation stage, a charge of mark as prerequisites the following; Was the terrorist Section 7 of the Anti-Terrorism Act, 1997 was added. act such that it would have a tendency to create a sense The question posited before the Court was: whether of fear and insecurity in the public at large? Since facts the actions of the respondent had hampered the due vary from case to case, the court shall form this opinion process of law as per Section 7 of ATA? after a thorough evaluation of the facts, circumstances and material collected by the police. It is interesting to note that in transference of the case from the Anti Terrorism Court to a court of ordinary As of right, under Article 4(1) of the Constitution of jurisdiction, it was henceforth decided that the Pakistan, 1973, it was held that every citizen is “to be Preamble of the Act, 1997 laid out clearly the provision treated in accordance with the law” and thus if a person that the Act was promulgated for causes pertaining to is found to be triable under ordinary penal law, then the prevention of terrorism, sectarian violence and for subjecting him to ‘special law’ - such as is not applicable the speedy trial of henious offences. Thus, in cases of to him - is a violation of his fundamental rights. terrorism, it becomes pertinent that the mens rea be taken with such a cause so as to accomplish the act of Conclusively, the case was seen to decide that cases of terrorism through the carrying out of terrorist activities personal enmity should not fall under the purview of which attempt to hamper state activities at large. It was Anti-terrorism Act. further held that the term “design” from Section 6 of the

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

The case concerned disqualification of a member of the regard to an undeclared asset, Article 62 (1) (f) of the National Assembly. It was alleged that the petitioner Constitution cannot be invoked to disqualify an elected in this case whilst holding public offices in Pakistan member for life. The Court considered the relevant case continued to serve a UAE based company as its fulltime laws and material on record and held on merits that the employee and failed to disclose his sources of income. petitioner was not a full-time employee of the company; The Islamabad High Court in a constitutional petition there was no conflict of interest nor any wrongdoing granted a writ in nature of quo warranto in favour of associated with any asset belonging to the petitioner respondent No. 1 and disqualified the petitioner under has been established; the petitioner’s declaration of Article 62 (1) (f) of the Constitution. Aggrieved by the foreign salary as one of his sources of income under the decision of the High Court, the petitioner filed the foreign employment contract was a part of the record, instant petition. hence the Court held that it was not a case of non- disclosure of a source of income. The court in the present case examined the scope of Article 62(1) (f) of the Constitution in matters relating to Consequently, the court allowed the petition and held failure of an elected member of the National Assembly that the decision of the High Court in disqualifying the or a Provincial Assembly to declare his assets in his petitioner under Article 62 (1) (f) of the Constitution nomination paper. Having considered the proviso in was not sustainable in law therefore no case was made detail the Court reached the conclusion that in absence out to issue a writ in the nature of quo warranto. of dishonesty or an element of bad intention with payments, award exchequer, and ii. number The Honourable court heard thecaseover aconsiderable sums of money were levelled. consortium employees,perpetuityin out leased been had toa which was originally intended for theuseof Railway the regarding runningof the theClub, were overridden and High were iii. “i. Review ofjudgments powersthe up summed and of Judicial power of Judicial Review,Court the citedplethora a the ofnewthe increasedthe club, membership fees and v. iv. leased, agreement inthepresent caseby which theclub was powerthe totake cognisance of Contracts, the as such The Co. was against In 8.15 ANNUAL REPORT June2018 -May 2019 this management utilization 16, of Breaches the rulesframed thereunder; public reflecting colourable impropriety arbitrariness, reasonable funds or assets, inafair, just, transparent and especially while dealing with publicproperty, public Public Acts even flowing from astatute, rulesor quotas, etc., are expected to act fairly, justly andin special services by means of leases, licences, contracts, Governmental bodiespowers to dispenseandregulate is Interference with the decision-making process setting forth keeping without leased court Court, passed,

case, under phase warranted minute/disputed under

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

loss functionaries hearings addressed functionaries

the questionable manner in out, passed omissions the comprising discrimination

of a violation Article 184(3)of and its view and of to absence or

exercise bidding contracts petitioners the process in manner,

the Article the was

the illegality, where itisactuated by

where non-transparent directions the

during and in Pakistan establishment funds handed on the constitutional of which of involving process. questions after of

184(3) must of

which mandatory practices any the it untainted

question the

and irrationality power filed Respondent is

thus

lengthy specific the part given. this behalf; Railways over theConstitution as: exercise pendency do vitiated in powers. dereliction Allegations a instructions; Royal

of generated. not of accordance constitution

for during to

rights and

utilization provisions of The

by statutory fact State arguments,

entail A.

and ulterior public whether malafide; Palm and on

mala Upholding administration F. of orders

of committed Nos. of the functionaries

the Ferguson examination

this account the

of obligations procedural

Golf The provisions

authority, with of

contract fides of national motives, petition delayed citizens, 14,

matter,

orders of it

law

large club, Club

law, had the the 15

by or or of &

xi. vi. x. vii. viii. ix. Based General be Railways void agreement by which theland was leasedasnulland the transparencybidding. the in Thecourt allowingwhile of well-establishedofprinciples processdue and illegalities, to determineand Club amountowned byPakistan Railways consortium, accountability accounts to behandedover, proceedings before the Railways, bench to beformed. the appointed that policy Courts shouldordinarily refrain from interfering in the competitive biddingprocess; and this exercised inanarbitrary a transparent manner andsuchpowers cannot be of being expended through procurement or publicproperty is functionaries other government largesse is to bedealt with by public Public funds, public property, licenses, jobs or any subsequent If material changes are brought aboutinagreements contemplated or any a transparent manner, legally, fairly andjustly without Government are undertaken andcontracts executed in and Scrutinize people; regular arbitrariness, The public property isnot squandered or stolen; All to unnecessary expenditures of the publicfunds; directly the to mandate of law.” to are void asagainst publicpolicy, without reference constitution ab

consortium on contracts public agreements

the arbitrariness personal of presence will business of initio, thelandto bereturned to Pakistan along admitted

the sold, making

the Pakistan

administration leading procedural in a question, offices,

Club court receiver latter fresh fact matters with so to and influence favouritism of on domain operations petition the in as for to

documents, negate to

elements usedin to to unless or should addition behalf or all tender

inefficiency to bidding pecuniary

continue,

continue irrationality conduct the assets, whether and where ensure improprieties of in of the

the or ordinary declared

of not

their the the justice, and to such of held to

irrational manner; to and acts notion

A.

substitute Executive procurement benefit public the

that be the considerations a

execution; benefits and running, in CHAPTER a improper as

Forensic F. indemnified, and for or the total

floated court or course government, personal transactions

an Ferguson omissions and

of

the the public public a money

implementation and disregard particular a derived or its found all benefit

appointments fair directed of

Audit in by of means decision

service money Club solicitation

legislation, violations the

to and contracts smack & Pakistan is Auditor various control by by or of

award Co of of party, being

bank open

and and the the the the the the the are for to of

8 95

important cases decided by the supreme court 96 Supreme Court of Pakistan

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

The court granted leave in all these cases to consider that neither the ad hoc employee has right to hold the whether the respondents could be granted senioritiy post beyond the period for which he was appointed nor with effect from the date of their ad hoc appointment. the government has a right to continue with such ad hoc The orders of the Service Tribunal not only directed the appointees for such a long period. This situation arises Appellant to regularize the period of only when the government violates the provision of Rule ad hoc appointment, but also treated the period, which 3 of the Federal Public Service Commission (Functions) the Respondent remained unemployed, as spent on Rules, 1978 and without placing a requisition before duty and held that the Respondent was entitled to the Commission for regular appointment fill the post on payment of full back benefit for the said period. The ad hoc basis and then keep on extending the period Tribunal further directed to reckon his services for the of such ad hoc appointment and the ad hoc appointee purposes of seniority amongst his colleagues w.e.f. his knowing fully well that his ad hoc appointment is not in initial ad hoc appointment. It appeared that connected accordance with the prescribed method of appointment civil appeals of the other respondents, whose cases were and is only a “stop gap” arrangement, till recruitment in akin to respondent Muhammad Ali Rajpar also applied to accordance with the prescribed method of Appointment the Tribunal for the same relief and the Tribunal allowed is made, clings to such post. Such conduct of the their appeals and granted them the same benefit as was government has always been deprecated by the Courts granted to the respondent Muhammad Ali Rajpar but such shortcoming/non- adherence to the legal requirements by the competent authority can earn no Subsequently, civil appeals were filed by the employees benefit for the incumbent for the simple reason that who were adversely affected due to the summation of bestowing the benefits of regular appointment upon an the respondents’ service from the date of their ad hoc ad hoc employee would not only amount to regularizing appointment. unlawful appointment and providing premium to the beneficiary of such wrong but would also amount to Considering the above issue, the court held: opening another door of entry into service of Pakistan by frustrating the only prescribed mode of appointment “Since the appointments on ad hoc as provided through the Commission. under the law being a “stop gap” arrangements, therefore, as provided in section 11(3) of the Civil In the instant judgement, references were made to Servants Act, 1973 stand terminated either on Muhammad Afzal v Government of Punjab (1982 the expiry of the period for which such ad hoc SCMR 408), Naila Khalid v Pakistan (PLD 2003 SC 420), appointment was made or on the appointment of a Muhammad Wasay Tareen v Chief Justice of Balochistan person recommended by the Commission. It is for (2005 SCMR 464) and Naveeda Tufail v Government this reason that such ad hoc appointee does not of Punjab (2003 SCMR 291). While considering the acquire a right to claim his seniority in accordance precedents stated above, the court found the order of with section 8 of the Civil Servants Act, 1973 vis-a- the Federal Service Tribunal to be against the principles vis the civil servants who are appointed on regular enunciated in the same. Hence, the civil appeals were basis on the recommendation of the Commission allowed, and the impugned judgements/orders were set after going through the selection process.” aside.

The court further held that the fact of the matter remains 324 i. Duration: iii. imprisonment section the and sentences of theappellants were maintained to of Court trial. They wereconvicted sentencedand by trialthe robbery coupled with murder and were sent upfor Inappellantsthe case this werearrested ofcase in 8.17 ANNUAL REPORT June2018 -May 2019 i Weapon ii. Stress: i. variables” that far tape to remember what happened.Human memory is recording,thatand a onlyneeds witness toreplay the identification as thelinchpinindetermining theadmissibility of Reliability andcredibilityof the witness wastermed of the namely, for the courts around the world, beganto set the standard It wasobserved by Courtthe that latethe in 1960s, leave of theCourt. imprisonmentfor life. Hence, appeals these thewith research the rulings degree crime the certainty court). prior

section

more Abdur suspect factors accused to less accuracy, aneye-witness under highstress is improve It may benoted “whilemoderate levels of stress duration. what theculpritlookslike if thecrimeisof short to brief identification. draw during acrime,itcandistract a witness and ability “Weapon an to perpetrator.” high exposure. extent and

reviewing the description and for observe These and accurate of make make 302(b), (1)

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

411,

levels negatively following

demonstrated

or his

382-B, attention; to multiple the for Rashid not Even that

at the fleeting in recall cognitive Focus:

or factors an testimony. P.P.C. focus” The

a for to the assessing an confrontation of from court);

eyewitness P.P.C. the opportunity identification her reliable the

make

accurate under Cr.P.C. … various event stress There amount of and time non-exhaustive (appellant)

The affect thememory while offences, notion

(3) attention When can scientific contact were sentence the make along processing and

a of the scientific may the at can is Upon the thus reliable identification US

extending terms the of suspect; no drawn that identification, the (5) a accuracy an

best

diminish reliability affect identification with is time of Supreme visible (seeing impair minimum than including crime; research. away accurate appeal the

of memory less confrontation was the under identification research

viewing from and an compensation death the time a

list

likely (4) them from

witness a weapon (2) eye-witness more of converted

an the the of

witness’ might reliability process:- earlier

sections Court identification.

and time of The is the between the the

death eye-witness’ the

in however, convictions

to the the establishes like accused conditions, “estimator prolonged evidence. witness’s witness’s the scientific describe required produce witness: level improve to

is a benefit (seeing culprit. judicial settled

of ability under

video of used view 392, case

into and has the the

an of in a

acquitted on therebyout, ruled unsafeit making toplace reliance variables,” the doubt. veracity and reliabilityof theeye-witnessresulta and as the It evidence. provided scientific or had consequence improve the reliability andcredibility of the eye-witness can researchfactorsthe and evolved by science toassess reach shy . Witness v. justice and more meaningfully, theriskof miscarriage of understanding v Distance iv. scientific by i Characteristics vi. which to i. Memory vii. Order, Court field development court Thelaws of evidence maintain that orderin for the must must bepartof thegeneral knowledge of menor

was

“estimator

the credible already the lighting decreases reliability and distancebetween a perpetratora and witness recognize witness’ the time changes infacial features altered between the incorrect identifications thanadults. target-absentarelineups more likely tomake between theages of nineandthirteen who view affects theaccuracy the neverimprove. result,a As delays between memoryand decay irreversible”;“is memories identification ismadecan affect reliability. away of be

can to out has finally stands 1984.

identification science the agreed commission and of poor courts

take research

reliability additional research of already take from and possibility

travelled the

makes

quality

the

held age of variables” scientific the

The Characteristics: under probative minimized. and judicial with Decay: and judicial lighting embrace event when anidentification. upon scientific charge

beyond

in quality and that been

question by

it can of Lighting: distance. appreciating

factors of

in of Article harder various

evidence.

by and of of identification level providing based notice

notice

this (which close recognized Memories conditions help

by

research of

Perpetrator: reputable an of them. misidentification value reasonable a Therefore, the

developments anidentification.

extending direction

justice. of crime to is to 112, on We identification. and of A identification

of other are by, intoxication can Characteristics see

Reliance certify CHAPTER The of

the the us person evidence scientific also

assist not and Qanun-e-Shahadat men and well. and Our we and the can

additional evidence fade credible above and appellants the dispute. jurisdictions. them know exhaustive)

Disguises acknowledged

shut the in development, Thus, the identification diminish now the is on courts that but a with cannot more facts “estimator procedure can

benefit

credibility easier particular that our scientific scientific

Children time court and credible instead greater factors … like clarity affect stand

don’t

poor eyes time they fully This as and

has the be an to of in If a a

8 97

important cases decided by the supreme court 98 Supreme Court of Pakistan

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

The primary issues raised in the appeals fixed before the While citing Section 10 of the Income Tax Ordinance as Court involved interpretation and application of Sections amended by the Finance Act 2012, the Court observed 65 D, 148 and 159 of the Income Tax Ordinance 2001. that an exemption always reduced the amount of In both appeals, relief was sought against having to pay income that could be taxed, but it may or may not have advance income tax under Section 148 on materials affected the rate applicable depending on whether the being imported and therefore an exemption certificate rate was determined on the basis of taxable income was sought under Section 159 on the basis of tax credit. or total income. The Court stated that in the 2001 Ordinance, the rate was determined by taxable income It was not disputed by the Department in this case, that and tax credit had no bearing or relevance for the rate the taxpayers in these appeals were entitled to a 100% of taxation which further confirmed that an exemption tax credit for the duration of the relevant period, which and tax credit were conceptually different. was five years for both the tax payers. The litigation in the Lahore High Court and Islamabad High Court While considering the second question; the Court held stemmed from the denial of the exemption certificate that as Section 159 applied to amounts coming under under Section 159 in respect of advance collection of Division II and III of Part V of Chapter X and XII, “exempt” income tax under Section 148 on basis of 100% tax was used in a sense conceptually different from a tax credit, to the tax payers. credit and therefore no exemption certificate could be issued under Section 159. It relied on the insertion of The Court determined two questions: Firstly, what was clause 1(c ) in Section 159 of the Finance Act, 2014 the nature of a tax credit and exemption? Secondly, to state that under Section 159(1)(a), “exempt” did not what was meant by the word “exempt” as used in include a tax credit. Section 159(1)(a)? The Court disagreed with the reasoning of the Lahore High Court to hold that there The Court gave directions for the amounts collected was a conceptual difference between an exemption and under Section 148 to be refunded in full within 30 days, tax credit and the difference was more pronounced in and a report to be filed with the Office of the Court the case of income tax. It was held that in the case of if the taxpayer had filed its return and no amendment a full exemption, tax would not be payable but may be or other proceedings were pending in respect of such payable if the exemption was partial. In case of a tax return on the date of this judgment and also in respect credit, the assessment stage would always be reached of the present and future (if applicable) or past tax year in full. The Court held that an exemption may eliminate in which a return had not been filed if no amendment the need for an assessment altogether if it was whole or or other proceedings were launched within 120 days of reduce it by the relevant amount if it was partial while a the filing of the relevant return. tax credit would have no bearing on the assessment. It would come into operation after assessment and when The Court decided in favours of the Department and the question of recovery arose. set aside the judgments of the High Courts. 9 THE COURT AND ITS REGISTRIES

CHAPTER 9

THE COURT AND ITS REGISTRIES

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 100 Supreme Court of Pakistan

THE COURT AND IT’S REGISTRIES

9.1 Introduction

Under Article 208 of the Constitution, the Supreme adjournment and status of cases. Similarly, also provides Court, with the approval of the President, may assistance on legal procedures and formalities for the make rules providing for the appointment of officers institution of cases and issuing certified copies of the and servants of the Court and for their terms and judgments/orders of the Court. The main Registry is conditions of employment. Accordingly, the Supreme situated at Islamabad, but Branch Registries have been Court Establishment Service Rules, 2015 have been established at Lahore, Karachi, Peshawar and Quetta. framed. Under these Rules the Chief Justice of Pakistan exercises the same powers, in respect of officers and Goals servants of the Court, as does the President in respect The Registry’s goals are: of the federal government employees. 1. To provide services to the Court in case flow and court management; The Registry of the Supreme Court provides 2. To provide to the Hon’ble Chief Justice and administrative services to the Court for facilitating its the Hon’ble Judges necessary assistance and judicial functions. The sanctioned strength of staff in information relating to processing of cases pending the Court Registry is 830, comprising the Registrar, in the Court; Additional Registrars, Director General HR Cell, Director 3. To ensure that necessary documents are included HR Cell, Deputy Registrars, Secretary to Chief Justice, and all legal and procedural formalities have been Assistant Registrars, Librarian, Research Officers, complied with before a case is fixed for hearing; Curator, Public Relation Officer, Director IT, Translator 4. To prepare cause lists and intimate date of fixation and other officers and officials. of cases to parties, Advocates-on- Record and Advocates; Functions 5. To implement Court judgments and orders; The Registry prepares the cases for fixing before a 6. To maintain Court records; and bench, assists the Court in case flow management 7. To maintain the record of Senior Advocates of the and providing reference and research assistance. Supreme Court, Advocates and Advocates-on- The Registry provides information to Advocates and Record. the general public regarding the date of hearing, Cell,establishmentand of Museum. The workof Phase to ofcostthe of scheme the wasnecessitated, came which Government’s Phase II was issuedin1999butdeferred inresponse to totalcost of Rupees million 605.960 while tenderfor Phase-Iof building the wascompleted 1993 in a with PhaseRs.204.288 II Million Phase IRs.548.933 Million 1, comprising Phase-I &II other offices, eighteen Judges Chambers with Private Secretary 21.01.2010. Phase IIcomprised two Blocks having Rs.1055.334 Million was approved by theECNEC on of Rs.268.530 Million. The revised Project Cost of was were after Court authority and was awarded to thecontractor magnificent Constitution TheSupreme Court situatedis building the on Architecture of theBuilding: 9.2 ANNUAL REPORT June2018 -May 2019 and Million. Tenders forcivil works werecalled in June, 1990 a dignity of theCourt. The fountain inthefront creates Entrance of theCeremonial Hall, Judges Entrance Hall andPublic Islamic ofblend classic a Islamic Europeanand architecture. decision respectively. interior Working-Party per envisaged was approved presentedPrimethen tothe same the Minister who in Court inIslamabad was conceived in1967butit was The Brief History of Construction the building. as in inlaidbrass. The façade of thebuildingislandscaped (PEPAC) Environmental Planning and Architectural Consultant M/s agreement for planninganddesigningof theproject with wereprovided for projectthe 1985-87. during The a resultof which fundstothe tune of Rs.9.856Million projectthe discussed Primethen the with Minister as soothing 1985 Rs:753.221 a

initiated

tenders prepared KENZO sq.ft idea

symbolic awarded fulfilling offices,

of motifs space that was The PrincipalThe Seat at Islamabad Halls. and

it of with the in effect with

The TANGE structure the for constructing in signed the and Avenue, building,

economy in all accommodations Million. for was and (CDWP) The have 2006

and electrification, some February then PC-1 and

PC-1 codal housing considered walls ceremonial in finally ASSOCIATES without on been

adds Hon’ble Cost was August modifications. especially with

was campaign. Islamabad. formalities on the have

was asunder:-

1992. a amended to various break 29.11.1989. approved used Rs:893.89 building directions white the by air 1987 Chief Islamic Air space,

for Later, Central in up charm conditioning in

The (Japan) conditioning

Branches the with

marble Justice Its and in Law of The the for motifs for the work highlighting

light of 1st marble and

splendid the and The contract Development

the original Officers, the exterior and first Rs:377.971 revised of of exterior of Rs:737.50 on Architects beauty unit

including

Supreme Supreme CDWP’s

Pakistan Pakistan Phase revision flooring system marble & PC-1

cost cost PC- and and lifts the HR

of is II

the PakistanChamber, thirty three JudgesChambers and The Judges’ Block: persons, are situated onthe block which issituated inthebasement of thisblock. This The Administrative Blocks: Dining Hall. a of Court The Principal Seat: Pakistan on9.12.2013. completion library provisionof twothe carpetin newly added ofwings Judges portions requirementlike almirahs, bookshelvesfor added block Avenue, staff Iftikhar having Block the Theheight ofMain the Central Block feet167 is above high. CDA floor, work consultantas interiorand designers. electrical and Civil Japanese the northandsouth. The building was designedby the Hall Ceremonial Hall, Auditorium of 550seats andaPrayer and furniture for newly constructed nine Judges chambers and Thecontainsblock southern Secretariatthe of Law complex. The Main Central Block isplaced intheheartof the Main/Central Block: Siemens (Pvt.)Ltd. II ground floor Attorney Court Balochistan, Pakistan Bar Council andtheSupreme the

was prestigious the

two office Provinces, for Supreme ground.

offices Justice Judges as It with including

is also Bar to was awarded

administrative Rooms,

Muhammad Chambers seating in is 300

occupied well Administrative of the Islamabad

General firm, Association. flanked It of

contains newly seating carried of library, of of persons. primarily

Commission east

It Block as Phase-II Court Registrar. Conference

thisblock. Kenzo capacity Prosecutors the each to furniture is

Research on Block and by constructed for M/s capacity surrounded provision Chaudhry, out an comprises Court comprises building,

its

The officers/personnel. the Tange having A an it Pakistan, comprises

Blocks impressive

Matracon and cafeteria was for rear by It Administrative added staff main of

Room

also

Officers was for ground floor. 87

Moinsons two Associates.

General inaugurated by of situated Pakistan, sitting

the mainly

of

170 a courtroom, persons. phase-II. glass by houses four the Advocates-General also Administrative CHAPTER is

subsequently 11 and Main/Central on then the

entrance/reception, also Judges’ of

persons,

courtrooms, Chief house arranged 02.07.2007. Punjab, cabins capacity courtrooms,

Supreme on a (Pvt.) Chief the situated offices PEPAC Court Block by Six The Lounge-cum- Finally Constitution

on Mr. Court Justice the Chambers

for additional Justice is Ltd. northern

Sindh

the each Library, for

Blocks. by Justice of as served offices 125 on Court.

library Block,

each

after

first The and and the the the the per 48 to of of of & ft

9 101

the court and its registries 102 Supreme Court of Pakistan

Establishment of Supreme Court Research Centre Public Facilitation Services: A concept to establish Supreme Court Research Centre (SCRC) in the library of this Court with the objective to Information Desk: provide broad based quality research assistance to the In order to facilitate the general public, litigants and Court was placed before the Full Court for consideration advocates, an Information Desk has been established in its meeting dated 30.04.2019. The Hon’ble Judges at the main entrance of the Court’s Building. The desk appreciated and approved the proposal, whereby one provides information pertaining to the cases/matters Senior Research Officer and nine Research Officers pending adjudication in this Court such as information have been appointed for the purpose. regarding institution/fixation/ delisting and pendency of cases to the litigants as well as to the advocates of Car Parking sheds: the Court. Applications for issuance of certified copies The project of construction of car parking sheds for of the judgments/ orders/documents are also received about 300 cars and 150 motorcycles on a vacant plot at the Information Desk and the applicants can receive situated in between the Supreme Court Building and the certified copies from there. Prime Minister’s Secretariat, approved by the Building Committee has been completed. The Project also Bank: includes a tuck-shop, waiting area and toilet facility Besides other facilities in the building, a Branch of for men and women including drivers, construction Habib Bank Limited is also established where, amongst whereof has been completed and these facilities have others, the staff of the Court, Lawyers and the Judges been made operational. have their accounts. Furthermore, officers and staff of the Attorney General Office, Advocates General and Park/Landscaping: Prosecutor General, Law & Justice Commission of The land earmarked for landscaping has been leveled Pakistan, Pakistan Bar Council and Supreme Court Bar into a beautiful park. It has a half kilometer jogging track Association are also operating their accounts in the said and four beautiful gazebos. The trail is garlanded with Branch. evergreen flora. The park was inaugurated by Hon’ble Mr. Justice Tassaduq Hussain Jillani, the then Chief Cafeteria: Justice of Pakistan on 16th April, 2014 followed by a A cafeteria is available for public and Advocates in the tree plantation campaign wherein the HCJ and all the premises of this Court, which under the supervision HJJ planted trees. of the Supreme Court Bar Association, provides culinary services on standard rates. Another cafeteria Renovation of the Building: has recently been established in the basement, which As per directions of the Hon’ble Building Committee, exclusively provides good quality food and beverages renovation of the building was started by Pak PWD for the officers and staff of this Court including allied in 2016. Funds amounting to Rs.56.538 Million were departments. provided by this Court from its own budget. The project was implemented in time and to the satisfaction of the Post Office: Building Committee. The works executed under this Post office is also available in the building of the Court project, inter alia, included renovation of 40 bath rooms, for wider public convenience. road carpeting, internal/external paint, grinding and polishing of marble work of the building. Furthermore, Book Shop: fabrication and erection of emergency exits in courtyard A book shop has been established in the premises of of the building was also executed as per direction of the Supreme Court building to provide law books to the Building Committee given in its meeting dated the lawyers and litigant public. The shop also provides 17.04.2018. online research facility, stamp papers, courts fee stamps and the services of computer typists.

Photostat Facility: Photostat machines are also available for convenience of the public and Advocates. Heavy duty photocopiers are capable to receive data through emails for printing purposes with facilitate The Registry hasbeenestablished with theaimto Activities and Functions of Branch Registry: etc. Bar Mian on11 for five Building, thebuildingof theRegistry now consists of Chief LahoreBranch Registry wasinaugurated by then the High Court Building. However, inthe year 1999, the After Construction Work: initially Lahore to Rawalpindi, theLahore Branch Registry was Punjab In a national heritage. TheSupreme Court Branch Registry Building Lahore is 9.3 Branch Registry Lahore ANNUAL REPORT June2018 -May 2019 In Lahore. This building was completed inFebruary, 1940. Reserve Bank of India inthecompound of Shah Chiragh, 1937,

1974, Hon’ble

Court Room,

regard

renovation/rehabilitation Justice

established Communicated litigants/AORs/ASCs Branch at Registry Lahore Mr. when Rooms,

Judges, th Bar to April, 1999. April, Bazil of

filing Library

the Pakistan, one M.Sullivan, a in and Conference Principal the Chamber

and his hearing borrowed Hon’ble Bachelor views Superintending of Seat of

for the Room, of

the

HCJ, wing different on Province Mr. was

Accommodation Old Library, the ten Justice of shifted

State the Chambers sitting Architect, of petitions, Offices,

Lahore Punjab Ajmal Bank from of

All and forwarded to thePrincipal Seat, Islamabad. appeals, pertaining otherwiseordered by Court,the whereasappeals the BranchRegistry are heard atdecided and Lahore, unless cases Petitions d. c. b. a. are instituted at theBranch Registry:- judgments anddecisionsof theCourts, detailed below appeals andmiscellaneous applications arisingfrom the transferred applications compliance with theorders of theHCJpassedupon appeals/petitions Registry Court early the The Punjab Service Tribunal, Lahore. The Federal Service Tribunal at Lahore, and The Federal Shariat Court at Lahore. excluding Rawalpindi Bench: LahoreHigh Court, Lahore Benches,its and fixation thereof. relating and

petitions for misc. arising Constitution

to registration to filed to the tax applications from Principal by are and Principal matters,

the transferred the direct and Petitions litigants/AORs orders Seat hearing. Seat after etc. appeals are are to CHAPTER of for

In grant

the also the Furthermore,

forwarded hearing. addition instituted Principal for Federal being

of

transfer

leave, Petitions,

received thereto, to

Shariat Seat at some Main

and the are in 9 103

the court and its registries 104 Supreme Court of Pakistan

Branch Registry, Karachi

Facilities: Court Library: On-line inquiry of cases through CFMS V2 is available The Court Library consists of two effusively designed for the litigants/AORs. 4MBs package of DSL Internet halls. It has more than 10,638/- volumes of journals, facility along with Wi-Fi is available for the Hon’ble including law reports and around 2536 text books. For Judges and the staff. To provide relevant and desired effective searching and retrieving of the library artifacts information related to cases and provision of certified an automated catalogue has been prepared and is copies for the convenience of litigants as well as learned operational. To strengthen its services, the Library also counsel, an Information Desk is also operational. utilizes online legal database like www.pakistanlawsite. Establish of E-Court at Lahore Branch Registry is under com , www.pljlawsite.com and www.manupatra.com process. Hon’ble Chief Justice and Hon’ble Judges at Principal Seat, Islamabad will be able to hear/decide cases from Lahore Branch Registry through Video Link

9.4 Branch Registry at Karachi The Registry was established on 14th October, 1957 in Historical Perspective: a borrowed wing of the High Court of Sindh Building. The foundation stone of this building was laid by the The Registry remained accommodated for some time Duke of Connaught in 1887 during the reign of Queen in Karachi Development Authority (KDA) Rest House, Victoria. The building was meant to house a Museum Stadium Road, opposite PTV Centre, Karachi. There known as “Victoria and Elbert Museum.” In 1892, the was a growing need to have a suitable building to museum was shifted to the upper floor of the newly house the offices of the Branch Registry and also have constructed D.G. College building and the responsibility suitable Courtrooms. Due to its Victorian structure, the was transferred to the Karachi Municipality. The old State Bank building was found suitable and fit to Municipality did a commendable job by transforming it accommodate the branch Registry. into an exemplary museum. It was then decided to turn Karachi Museum into replica of London Museum. The On show his vision of Pakistan. speech delivered buildingisfrequently inthis quoted to StateBank of Pakistan 1st on July,His1948. historic crossing Thepresent Supreme Court Building situated at the wasformally inauguratedFebruary,20th on 1997. founder construction Supreme overhanded ofpossession the tothe building the on Earlier, stood completed. This was the Victoria Museum. by Road) the Court, Authorities ANNUAL REPORT June2018 -May 2019 building easy, The Registryhas beenestablished a with view toprovide Functions of Branch Registry Karachi: heard intheRegistry. donate Chambers, most appeals instituted Petitions, been provided to Supreme Court Bar block Chief review and litigants andlearnedadvocates of areprocessed for conveniencethe of general public, Constitution, from Subject and decisionsof:- been

the 21st Registry fixation 3rd

inexpensive the ancient further Justice and and

Government all as the

to petitions of in May has 4. Sindh Service Tribunal. 3. Federal Service 2. Federal Shariat Court, Karachi. 1. Sindh High Court. province of Court in many appeals

civil, M.R. May a any Pakistan taxation,

made Conference Quaid-e-Azam the

beautiful and I.I. been Chambers, divided works 1892, public of Civil

special

Kayani ancient criminal Branch

of Chundrigar 1995, these and appeals an

arising of and extensively Pakistan. inaugurated and the buildings were of

customs appeal Sindh. into rapid

order mosque. Road Registry Sindh. artifacts miscellaneous official cases, six and Room, Criminal the various arising undertaken therefrom. justice Tribunal ,Karachi; and Muhammad Judges

to Its Judicial may of Extensive jail Road in and

It Government

the

repaired building the arising the as Judges the Additional this has

petitions claim thisCourt. therefrom sections to petitions revenue possible. people Chambers, Chief city (formerly Judicial building three the

Association. and out For applications to Wing

renovation of Lounge, of and Ali litigants

Justice be

of of the Courtrooms, where Karachi. instituted the rooms matters Meanwhile, registration Jinnah,

except as judgments as one Wing Karachi

renovated entertains of Registrar Macleod museum Registry

the well hailing or Office of Sindh cases have

first The and has the the the the are are as to in

Information Wi-Fi to thousands of law books,annualdigest,law journals,etc. relevant Branch along Branchspecial with personnel are deployed at the The travels andalliedmatters, etc. at Well also beingmadethrough thissystem. The counsel.learned System Judges purpose been installedto avert any untoward incident. For the State-of-the-art scanningdevices andgates have also of Hon’ble The bills offormer Judgesfor payment from Main Registry. the The the Library. this year, hundreds of new bookshave beenaddedin installed intheRegistry of In with security cameras within andoutsidethepremises. deployedstate-of-the-artthe in control room equipped training benefit Wing. This immediately refurbishment branch stationery

order this fire, facilitate the General Registry Protocol General Registry section trained backup. branch Registry modern Any as

mainly to from Registry (CFMS) for Judges and of well

effectively

items

other the

24/7 new also Desk Section

also updated desired Section Section Special CFMS,

also for as of State work

fire Hon’ble and

has

both

and former has

Karachi and the staff processes development surveillance is has detecting of for Judges been

an look tackle also information convenience the their the inter Security and

maintenance

in members the along

efficient a

the Judges Judges buildings, the for full after Registry introduced

installed the art alia with families comfort Rest

various security system with fire CFMS.

functional “Case

Protocol trained provides Unit the of and any computer as in CHAPTER

House, this

related of has

purchase administrative well.

to unpleasant any of pertaining Court (SSU) utility Flow of

litigants has To Court. extinguishers. so

of facilitate

staff official also

Hon’ble Section services

Cause judicial get library as

maintenance/ the recently to

Management

network staff. and commandos

meted have of to cases Officials maximum as premises.

vehicles.

general/ incident

to

medical lists provide Judicial serving During well of having

to file

work been been their

with filed this out the are as at is

9 105

the court and its registries 106 Supreme Court of Pakistan

9.5 Branch Registry at Peshawar

The Supreme Court Branch Registry Peshawar was Branch Registry are heard and decided at Peshawar, established on 28th October, 1960 in a borrowed Wing unless otherwise ordered by the Court except Appeals of the Peshawar High Court building with three rooms pertaining to Tax matters by the leave of the Court, are for office use. Later on due to increase in the work transferred to the Main Registry for hearing. load, it was felt that there should be an independent and self-sufficient court Building for the Peshawar Petitions, appeals and miscellaneous applications are Branch Registry. To fulfill this need a suitable Building instituted at the Branch Registry when they arise from for the Branch Registry was constructed at old Radio the judgments and orders of:‑ Pakistan Building located at Khyber Road opposite 1. Peshawar High Court Pearl Continental Hotel, Peshawar. The foundation 2. Federal Shariat Court at Peshawar stone of the Building was laid on November 17, 2001. 3. Federal Service Tribunal at Peshawar and The Building was completed in February, 2004 and 4. Khyber-Pakhtunkhwa Service Tribunal Branch Registry was shifted to the new Building on September 11, 2004. The present Building consists Petitions arising from the decisions of the Federal of 2 Court rooms, 6 Judges Chambers, one Library Shariat Court and Federal Service Tribunal as well as Room, one Conference Room and one large Bar Room. the Constitution Petitions, after having been properly Administrative block for the staff members and officers checked, are forwarded to the Main Registry for consists of 8 Rooms and a beautiful mosque. registration and hearing. Some appeals/petitions are transferred to the Principal Seat for urgent /out of turn The Branch Registry has been established with the aim hearing on the applications filed by the litigants/AORs to facilitate litigants/Advocates-on Record/Advocates after getting approval of the competent authority. Supreme Court of the with regard to filing of different petitions, appeals, misc. applications The Registry has an effective computer section. Facility etc. Further, the cases relating to the Main Registry are of on-line enquiry of cases through new CFMS V2 also received and after checking/proper scrutiny are is available for the litigants/Advocates-on-Record/ forwarded to the Principal Seat Islamabad. Advocates Supreme Court. Recently 4 MBps VPN has been created by the PTCL for the purpose of connectivity All the petitions and direct appeals instituted in the with the Main Server at Islamabad. Fiber Optic Internet Tax, However Main presented intheRegistry, usedto betransferred to the all appealsby leave of theCourt, or direct appeals, at All Shahra-i-Zarghoon, Quetta. acquired,been has sessions situatedalso is which on building. A Rest House for lodging Judges duringCourt 2018 sothat theCourt canholditshearinginthenew to offices least 01Courtroom, 04Chambers, Bar Room andsome including The on construction in transferred to theSupreme Court of Pakistan and Registry of in aborrowed wing of thebuildingof theHigh Court The Registry was establishedon19thNovember 1978 9.6 ANNUAL REPORT June2018 -May 2019 for facility MLD, Annual Law consisting The Court Library hasmore than7000 volumes are monitored by been locations use. Ten security CCTV Cameras are installedat various The under construction building ofBranch Registry,Quetta building The underconstruction

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9 107

the court and its registries 108 Supreme Court of Pakistan

9.7 Information Technology Section

Introduction: • Logging of all the court orders The Computer Section has a significant role in the • Generation of implementation notices working of this Court. The section is committed to • Case search facilitate the learned counsel, litigants and general public • Statistical & general reports about cases. in order to provide information regarding various cases. To achieve these tasks, latest Computer Technology The database generated by the CFMS is main source is being deployed in different branches/offices. The of information from where official website, Mobile tasks of computer section include in-house application Application, E-Kiosk and Help line get the information development, maintenance of applications and software for litigants and counsel. for various branches of the Court including Judicial Branches, Human Rights Cell and Administrative Official Website: Branches. Besides IT Section also monitoring of The website provides real time information about Case network, implementation of network/internet policies Status, Cause Lists, Judgments Search, Press Release, for end users, providing support to the users and Tender Notice, Supreme Court Rules, Judicial Estacode, procurement and maintenance of IT equipments to FAQ etc. at the door step of the end-user. enable the personnel to leverage technology in their daily work. Video Link for Case Proceedings: This facility has been installed and made functional Case Flow Management System Management between Islamabad Principal Seat and all four branch Information System to handle case processing registries of Supreme Court of Pakistan i.e., Lahore, activities: Karachi, Peshawar and Quetta. The objective of this CFMS is used to manage all the activities of the cases. service is to facilitate the litigants and counsel in order It starts processing of a case file right from the filing till to avoid un-necessary traveling and cut down the the case is decided. All the Judicial Branches perform traveling and lodging expenses usually borne by the their day to day activities through this system. Some of litigants. This solution allows the parties and lawyers to the main activities performed by the system are as Core appear and argue their cases before the Court from any Features. branch registry. • Institution of the case by entering all the Benefits: information of the case • Cost Reduction for Litigants • Different branches like Civil, Criminal, Fixture • Time Saving for Court and Implementation also perform case • Ease to access Court from remote areas processing into the same system • Case file movement between branches SMS Service: • Logging of all actions/processes of the case SMS alerts and notification service is available for the files lawyers and parties to get notified about fixation of • Cause list generation their cases and status of certified copies of judgments • Issuance of fixation notices and SMS-Alerts on their cellular phones. Hammurabi important element of thegallery isthefamous “Code of British Bible further Human Gallery” in in 6 writing Museum Followingstandardthis Supremethe phenomenon, Court attractive uniqueness intheir intellectual values. The most Thematic of Museums in shapingthejustice system. the present of the through are of ofLawgivers. Thegallery journeyits ended Copythe with whereas, in gilding The famous “Hamoodur Rehman Commission Report” is ” of Baghbanpura, Lahore. of Federal Court of Pakistan; hailedfrom “Family of Hon’ble Weeding The the parliament. Judges In 9.9 In 9.8 ANNUAL REPORT June2018 -May 2019 comprises Detail of the weeded outcases w.e.f. 01.06.2018to 31.05.2019 started inDecember, 2012. themuseumare

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9 109

the court and its registries 110 Supreme Court of Pakistan

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

Side view of Chief Justice & Judges Gallery

General view of Evolution of Law Gallery immediate in sources of law of Federal andProvinces are available Judges The Growth of Library Collection duringtheLast Decade: Court briefings. by theCourt for arranging conferences, workshops and than established intheCourt Library accommodate can more activities PrincipalSeat tofurther augment research referenceand centreCourtthe in established been has Library at the jurisprudence.Besides statethis, of Researchart the debates,commentaries, etc.every on ofsubject legal efforts Judgesproceedings.case during Over the years assist Registries inprovincial headquarters. These libraries at thePrincipal Seat inIslamabad andat Branch The Supreme Court of Pakistan hasestablishedlibraries 9.10 ANNUAL REPORT June2018 -May 2019 thousand and digests publishedinPakistan are available from the various legalsubjects.More or lessallthelaw reports reported periodnumbers of bookshave beenaddedon on Collection Year Collection Year these local one the Library are and Court Library Court libraries. *Upto December and in volumes hundred reference reference being the Research foreign

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9 111

the court and its registries 112 Supreme Court of Pakistan

9.11 Supreme Court Research Centre

A.R. Cornelius, a legal luminary of his times and a distinguished Chief Justice of Pakistan (1960-1968) dreamed of a legal research centre at the national level, and aspired judges of district judiciary to make theoretical study of law for such centre by following the development of law in the statutes and judicial pronouncements of the courts of their own country as well as of other countries in the world. He visualised that the conclusion reached in these studies were to be published, for assisting the court on academic side and for reading of all legal circles.

Inspired by this vision of A.R. Cornelius, Mr. Justice Syed Mansoor Ali Shah took the initiative of experimenting it by assigning the legal research work to the judges of District Judiciary, Punjab in the Lahore High Court Research Centre. And having experienced its positive prospects there, he after his elevation to the Bench of the Supreme Court of Pakistan put forth the idea of establishing a legal research centre at the national level in this Court. Mr. Justice Asif Saeed Khan, the Hon’ble Chief Justice of Pakistan being himself strong believer of the importance of research work for the development of any branch of knowledge, graciously agreed to place the proposal in the Full Court meeting, for discussion and deliberation on it. The Full Court accorded approval to the proposal in its meeting held on 30th April, 2019. The Hon’ble Chief Justice of Pakistan was thus pleased to establish the Research Centre in this Court, i.e. the Supreme Court Research Centre.

Presently, there are one Senior Research Officer and nine Research Officers working in the newly established Supreme Court Research Centre. These Research Officers have been selected from amongst the judges of District Judiciary of all Provinces and the Islamabad Capital Territory by a Selection Committee comprising of Hon’ble Mr. Justice Mushir Alam and Hon’ble Mr. Justice Syed Mansoor Ali Shah. This Research Centre has been designed to work in three divisions, viz, (1)court-queries research division, (2)analytical research division and (3) developmental research division, in due course of time, with the following organogram:

Prospective Organogram of Supreme Court Research Centre

The court-queries research division would assist the Court in resolving the day-to-day legal queries arising out of the cases under adjudication, by sifting the relevant statutory law, case law and the academic treatises. The analytical research division would examine the conflicts in judicial pronouncements of the superior courts of the country and prepare research papers highlighting the anomaly, for resolving the same in appropriate case(s) by the Court, to maintain certainty and consistency in law. Likewise, this division would also point out the per incuriam judgments of the superior courts to set the law right. While the development research division would study the development of law and jurisprudence in the country as well as in other important common law jurisdictions, such as, U.K, U.S.A, India, Canada, Australia, South Africa, New Zealand, etc, and publish its research products for benefit of the entire legal community and the concerned departments of the Government. This division would also publish a case law update periodical, on regular basis, of local and foreign jurisdictions. Having this future vision, the Research Centre is, however, doing all the above assignments presently under a combined umbrella. Statement showing thepositionof 9.12 ANNUAL REPORT June2018 -May 2019 S.NO 10 15 14 13 12 11 16 17 24 34 20 19 18 25 37 36 35 33 23 22 21 31 30 29 28 27 26 32 38 39 41 40 9 8 7 6 5 4 3 2 1 Allocated Budget &Expenditure of the Court A01203-CONVEYANCE A01202-HOUSE RENT A01201-SENIOR POST A0120N-SPECIAL A0120M-CAR A0120K-SPECIAL A0120D-INTEGRATED A01207-WASHING A01153-SPECIAL PAY A01152-PERSONAL PAY A01151-BASIC PAY OF OTHER STAFF A01105-QUALIFICATION PAY A01103-SPECIAL PAY A01102-PERSONAL PAY A01101-BASIC PAY OF OFFICERS A0120X-AD -HOC A01211-HILL A0121T-ADHOC RELIEF A0122Y-AD-HOC RELIEF ALLOWANCE A01217-MEDICAL A01216-QUALIFICATION A01212-TELECOMMUNICATION A0121Z-ADHOC RELIEF DISBAL A01239-SPECIAL A01238-CHARGE A01236-DEPUTATION A0122W-RESEDENTIAL A0121Q-AUDIT A0121P-SUPERIOR A0121J-TRANSPORT A0122M-ADHOC RELIEF A0122L-MOBILE PHONE A0122C-ADHOC RELIEF A01228-ORDERLY A01226-COMPUTER A01224-ENTERTAINMENT A0122N-SPECIAL A0123G-AD-HOC RELIEF A01241-UTILITY A01270-OTHERS A01248-JUDICIAL

ALLOWANCE ALLOWANCE HEADS OF ACCOUNT.HEADS

AND

ALLOWANCE FOR ELECTRICITY

CONVEYANCE ALLOWANCE JUDICIAL ALLOWANCE @20%OF

ALLOWANCE

ALLOWANCE ALLOWANCE ALLOWANCE ALLOWANCE -2010 JUDICIAL ALLOWANCE MONETIZATION ALLOWANCE ACCOUNTS

Final Budget &

ALLOWANCE ALLOWANCE ALLOWANCE ALLOWANCE

ALLOWANCE

TELEPHONE CHARGE

ALLOWANCE 2013 ALLOWANCE -2014

ALLOWANCE -2015 ALLOWANCE

ALLOWANCE 2017 ALLOWANCE 2016 ALLOWANCE ALLOWANCE-2018

ALLOWANCE ALLOWANCE

ALLOWANCE ALLOWANCE ALLOWANCE ALLOWANCE Expenditure Upto 30.06.2019. ALLOWANCE BASIC PAY TO 2018-2019 137,500,000 303,200,000 325,470,000 BUDGET 20,000,000 17,000,000 25,500,000 81,000,000 29,800,000 10,300,000 20,100,000 15,000,000 26,000,000 82,000,000 57,500,000 6,980,000 1,275,000 2,940,000 1,515,000 1,930,000 2,095,000 2,575,000 1,232,000 290,000 252,000 250,000 290,000 784,000 599,000 266,000 291,000 250,000 500,000 200,000 675,000 605,000 12,000 95,000 56,000 1,000 1,000 1,000 EXPENDITURE 126,711,106 295,350,348 302,242,289 CHAPTER 18,856,030 14,780,693 24,419,127 77,984,184 27,753,684 19,253,566 12,119,080 24,101,869 76,856,582 49,251,042 6,361,077 2,098,095 1,200,548 1,788,612 8,559,521 1,087,686 2,029,659

191,162 103,527 144,879 551,721 482,470 968,014 198,731 187,624 170,400 332,742 135,917 464,331 551,425 876,483 14,090 36,000 22,791 9,600

0 0 0 65.92 94.28 86.95 41.41 49.96 70.37 80.55 92.15 97.41 75.92 74.71 91.13 92.86 64.48 68.16 66.55 71.36 80.00 79.24 92.67 37.89 67.96 95.76 96.28 93.13 83.10 68.79 51.92 40.70 78.82 91.14 95.79 80.79 92.70 71.14 93.73 85.65 5.59 0.00 0.00 0.00 % 9 113

the court and its registries 114 Supreme Court of Pakistan

BUDGET S.NO HEADS OF ACCOUNT. EXPENDITURE % 2018-2019 42 A01271-OVERTIME ALLOWANCE 14,500,000 13,645,568 94.11 43 A01272-NIGHT DUTY ALLOWANCE 100,000 0 0.00 44 A01273-HONORARIA 242,000,000 240,760,566 99.49 45 A01274-MEDICAL CHARGES 11,000,000 7,223,842 65.67 46 A01277-CONTINGENT PAID STAFF 145,000,000 136,311,629 94.01 47 A01278-LEAVE SALARY 50,000 0 0.00 48 A03201-POSTAGE AND TELEGRAPH 3,000,000 1,001,000 33.37 49 A03202-TELEPHONE AND TRUNK CALL 19,000,000 16,650,268 87.63 50 A03205-COURIER AND PILOT SERVICE 5,000,000 3,468,673 69.37 51 A03301-GAS 10,000 0 0.00 52 A03302-WATER 10,000 0 0.00 53 A03303-ELECTRICITY 100,000 0 0.00 54 A03304-HOT AND COLD WEATHER CHARGES 100,000 0 0.00 55 A03305-POL FOR GENERATOR 10,000 0 0.00 56 A03370-OTHERS 10,000 0 0.00 57 A03402-RENT FOR OFFICE BUILDING 20,000,000 19,071,000 95.36 58 A03403-RENT FOR RESIDENTIAL BUILDING 70,000,000 66,151,434 94.50 59 A03407-RATES AND TAXES 1,490,000 315,733 21.19 60 A03805-TRAVELLING ALLOWANCE 75,000,000 58,982,097 78.64 61 A03806-TRANSPORTATION OF GOODS 1,500,000 54,290 3.62 A03807-P.O.L CHARGES, AEROPLANES, 62 25,000,000 20,883,556 83.53 HELICOPTORS 63 A03808-CONVEYANCE CHARGES 1,050,000 320,660 30.54 64 A03901-STATIONERY 6,500,000 5,514,882 84.84 65 A03902-PRINTING AND PUBLICATION 3,500,000 2,888,215 82.52 66 A03904-HIRE OF VEHICLES 100,000 0 0.00 67 A03905-NEWSPAPERS, PERIODICALS AND BOOKS 8,000,000 7,051,304 88.14 68 A03906-UNIFORMS AND PROTECTIVE CLOTHING 1,000,000 205,532 20.55 69 A03907-ADVERTISING & PUBLICITY 1,000,000 562,663 56.27 70 A03913-CONTRIBUTION & SUBSCRIPTION 5,000,000 827,806 16.56 71 A03917-LAW CHARGES 23,000,000 22,107,122 96.12 A03919-PAYMENTS TO OTHER FOR SERVICES 72 500,000 90,000 18.00 RENDERED 73 A03970-OTHERS 5,000,000 3,112,987 62.26 A04106-REIMBURSEMENT OF MEDICAL CHARGES 74 8,000,000 3,338,123 41.73 TO PENSIONERS 75 A04114-SUPERANNUATION ENCASHMENT OF L.P.R 26,000,000 21,540,072 82.85 A05216-FIN. ASST TO GOVT EMPL/FAMILIES LUM 76 6,300,000 5,700,000 90.48 SUM 77 A05219-FIN ASIST TO GOVT EMPLY-EXPIRD SRVC-ED 100,000 24,000 24.00 78 A05220-FIN ASIST TO FAM OF GVT EMPLY-EXPIRD-A 100,000 16,956 16.96 A05224-ASSIST PACKAGE FOR FAMILIES OF GOVT 79 10,100,000 9,000,000 89.11 EM A05225-ASST PKG FAMILIES OF GOVT EMPLOYEES- 80 1,000,000 0 0.00 MA 81 A06301-ENTERTAINMENTS & GIFTS 4,100,000 2,254,936 55.00 82 A09201-HARDWARE 2,000,000 1,433,557 71.68 * Share inFederal Budget ANNUAL REPORT June2018 -May 2019 Share of theSupreme Court of Pakistan intheFederal Budget since 2000-2001to 2018-2019(PKRinMillion) S.NO 88 87 83 90 89 91 86 85 84 92 93 94 95 96 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 A09701-PURCHASE OF A09601-PURCHASE OF A09202-SOFTWARE A13001-TRANSPORT A09899-OTHERS A13101-MACHINERY A09501-PURCHASE OF A09204-LICENSE FEEFOR SOFTWARE A09203-I.T. EQUIPMENT A13201-FURNITURE A13301-OFFICE BUILDINGS A13303-OTHER BUILDINGS A13370-OTHERS Grand Total A13801-MAINTENANCE OF Year HEADS OF ACCOUNT.HEADS Total Budget 686,104 741,959 747,674 743,028 786,573 109,8000 3,440,524.673 3,634,911.365 4,630,292.869 6,401,017.829 9,098,422.644 9,098,422.644 10649770.248 14312617.876 18682730.770 13031700.606 13569388 5512924 5932500 AND FIXTURES

AND EQUIPMENT FURNITURE PLANT

TRANSPORT GARDENS

AND MACHINERY AND FIXTURE Supreme Court Budget 84.587 115.229 128.289 123.522 140.736 140.736 240.273 315.836 354.500 613.500 823.400 986.562 1038.18 1113.161 1206.470 1303.000 1704.434 1817.024 1964 1,964,000,000 2018-2019 BUDGET 10,000,000 18,000,000 9,000,000 1,000,000 2,000,000 2,000,000 100,000 100,000 100,000 100,000 10,000 10,000 10,000 10,000 Percentage* .01 .02 .02 .02 .017 .017 .0069 .0086 .0076 .0095 .0090 .01 .0097 .0077 0.00645 0.009 0.013 0.03 0.033 EXPENDITURE 1,806,043,316 CHAPTER 17,424,322 7,358,524 9,365,000 1,546,433 1,064,498

440,000 89,363

0 0 0 0 0 0 0 81.76 93.65 89.36 96.80 44.00 77.32 53.22 91.96 0.00 0.00 0.00 0.00 0.00 0.00 0.00 % 9 115

the court and its registries 116 Supreme Court of Pakistan

Budget of Supreme Court of Pakistan

2500

2000 1817.024 1964 1704.434 1500 1206.470 1303 1038.18 1000 1113.161

PKR in in Millions PKR 823.4 986.562

500 354.5 613.5 128.289 140.736 240.273 84.587 315.836 0 115.229 123.522 140.736

Financial Years

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

0.04

0.03 0.033 0.02 0.02 0.02 0.02 0.017 0.03 0.01 0.017 0.0086 0.0095 0.01 0.009 0.0097 0.0069 0.0076 0.01 0.0077 0.009 0.013 0

In Percentage 0.00645

Financial Years 9.14 In 9.13 ANNUAL REPORT June2018 -May 2019 the Rs.10,000/-. financial aidisalsogiven order. casesonspecial indeserving The thousand paid and As A 1991, 1992and1993,respectively. Registrar received donation

Crossed July, per Chief members further to

policy 1990 the of Welfare Trust BeneficiariesQurrat-ul-Ain of Begum Ramday Staff Welfare Fund from Justice for only) 1 S.No TOTAL Sweeper Daftry EPB SCP Canteen Police N/Qasid Qasid Pak PWD Categories/officials Cheque thisCourt outof low

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the staff Chief saving to being Supreme Court help sums 30.06.1999

members

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Rs.47,500/-, balance for needy the of of

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Staff paid donated

the Welfare Fund. Fund, Post to

thousand employees Welfare President be Assistance Granted (Rupees Office, out a and given (Rupees sum Rs.30,000/- of 500000 225000 50,000 25000 25000 25000 50000 50000 50000 Fund Amount Rs.91,000/-

only) which Supreme to five of of Islamic

staff two Rs.50,000/- the was hundred was a

Court. hundred and sum established Republic Court purchased to CHAPTER in of the thousand some On

Rs.2,26,000/- Branch, towards and fund of 27

with special Pakistan th seventy-four by July,1990, in

Islamabad

only) the the the a sum cases, years fund.

then as was was of a

9 117

the court and its registries 118

9.15 Organization Chart of the9.15 Court Organizational Chart of the Court

Registrar

Addl. Registrar Addl. Registrar Addl. Registrar Director General (Judicial) (Administration) (Research) (Human Rights Cell)

Deputy Registrar (Miscellaneous) Deputy Registrar Deputy Registrar (Admn) Deputy Registrar (General) Deputy Registrar (Judicial -I) Deputy Registrar (Judicial-II) Research

Assistant Registrar Assistant Registrar Assistant Assistant Public Relations (Criminal) (Printing) Registrar (Civil-I) Registrar (Civil-II) Assistant Registrar (Admn) Officer Assistant Registrar Assistant Registrar (General-I) (General-II) Court Associate Assistant Registrar (Printing Branch) Librarian Court Associate Court Associate Court Associate (Miscellaneous) (Criminal Branch) (Civil-I Branch) (Civil-II Branch) Court Associate Court Associate Court Associate (General-I Branch) (General-II Branch) (Stationery Section) Deputy Librarians Court Associate (Miscellaneous Assistant Institution Court Associate Senior Account Officer/ Branch) Assistant Registrar officer (Admn Branch) Drawing and Disbursing Registrar (Fixture) (Implementation) Officer Protocol Officer Assistant Librarians

Court Associate Court Associate Court Associate Research Translator (Fixture Branch) (Editor of Paper (Implementation Officers Books Section) Branch) Curator Court Associate (Confidential Branch) Assistant Registrar (Record & Weeding) Telephone Director Exchange Director IT Human Rights Cell Receipt & Issue Budget Court Associate Information Section Officer (Record & Weeding) Desk Assistant Registrar Supreme CourtofPakistan Deputy Director Deputy Director Human Rights Cell Cash Branch (Software) (Network)

Court Associate Deputy Registrar Assistant Registrar Officer Incharge Deputy Registrar /Officer Webmaster Human Rights Cell (Branch Registry (Branch Registry Branch Registry Incharge Computer Supervisor Peshawar) Quetta Lahore) (Branch Registry) Karachi ANNUAL REPORT June 2018 - May 2019 119 120 Supreme Court of Pakistan 10 PICTORIAL PRESENTATION OF EVENTS

CHAPTER 10

PICTORIAL PRESENTATION OF EVENTS

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 122 Supreme Court of Pakistan

THE PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN DR. ADMINISTERING THE OATH OF OFFICE TO MR. JUSTICE ASIF SAEED KHAN KHOSA AS CHIEF JUSTICE OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHAN KHOSA ADMINISTERING THE OATH OF OFFICE TO HON’BLE MR. JUSTICE QAZI MUHAMMAD AMIN AHMED, FORMER JUDGE, LAHORE HIGH COURT , LAHORE, AS JUDGE, SUPREME COURT OF PAKISTAN ANNUAL REPORT June2018 -May 2019 THE HON’BLECHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHANKHOSA ALONG WITH HON’BLE JUDGES THE HON’BLECHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHANKHOSA IN A GROUP PHOTO WITH HON’BLE JUDGES AFTER PLANTING A SAPLING OF PINE AT SUPREMECOURT OF PAKISTAN PLANTING A SAPLING OF PINE AT SUPREMECOURT OF PAKISTAN CHAPTER 10 123

pictorial presentation of events 124 Supreme Court of Pakistan

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHAN KHOSA PRESIDING OVER MEETING OF JUDICIAL COMMISSION OF PAKISTAN AT SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHAN KHOSA PRESIDING OVER FULL COURT MEETING AT SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHAN KHOSA PRESIDING OVER MEETING OF THE NATIONAL JUDICIAL (POLICY MAKING) COMMITTEE AT SUPREME COURT OF PAKISTAN ANNUAL REPORT June2018 -May 2019 THE HON’BLECHIEF JUSTICE OF PAKISTAN MR. JUSTICE ASIF SAEED KHANKHOSA PRESIDINGOVER MEETINGOF THREE MEMBER BENCH HEADED BYTHREE MEMBERBENCHHEADED THE HON’BLE CHIEF JUSTICE OF PAKISTAN, MR. JUSTICE ASIF SAEED KHAN KHOSA HEARING CASES THROUGH VIDEO LINKSETUP AT COURT SUPREME OF PAKISTAN POLICE REFORMS COMMITTEE AT SUPREMECOURT OF PAKISTAN CHAPTER 10 125

pictorial presentation of events 126 Supreme Court of Pakistan

THE HON’BLE MR. JUSTICE GULZAR AHMED, SENIOR PUISNE JUDGE SUPREME COURT OF PAKISTAN TAKING OATH OF OFFICE AS ACTING CHIEF JUSTICE OF PAKISTAN FROM HON’BLE MR. JUSTICE SH. AZMAT SAEED

THE HON’BLE MR. JUSTICE GULZAR AHMED ACTING CHIEF JUSTICE OF PAKISTAN ADMINISTERING THE OATH OF OFFICE TO HON’BLE MR. JUSTICE MUHAMMAD NOOR MESKANZAI, FORMER CHIEF JUSTICE OF HIGH COURT OF BALOCHISTAN AS CHIEF JUSTICE FEDERAL SHARIAT COURT AT SUPREME COURT OF PAKISTAN. ANNUAL REPORT June2018 -May 2019 CHAPTER THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER FULL COURT REFERENCE ON THE EVE OF HIS RETIREMENT AT SUPREME COURT OF PAKISTAN 10 127

pictorial presentation of events 128 Supreme CourtofPakistan

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR IN A GROUP PHOTO WITH HON’BLE MR. JUSTICE ASIF SAEED KHAN KHOSA CHIEF JUSTICE OF PAKISTAN (DESIGNATE) AND HON’BLE JUDGES OF THE SUPREME COURT OF PAKISTAN ON THE EVE OF HIS RETIREMENT ANNUAL REPORT June2018 -May 2019 THE HON’BLECHIEF JUSTICE OF PAKISTAN MR. SAQIBJUSTICE MIAN NISAR ADMINISTERING THE OATH OF OFFICE THE HON’BLECHIEF JUSTICE OF PAKISTAN MR. SAQIBJUSTICE MIAN NISAR ADMINISTERING THE OATH OF OFFICE TO HON’BLE MR. JUSTICE YAHYA AFRIDI, CHIEF PESHAWARJUSTICE COURT HIGH AS JUDGE SUPREME COURT OF TO DR.ARIF ALVI AS PRESIDENT OF OF ISLAMICREPUBLIC PAKISTAN PAKISTAN CHAPTER 10 129

pictorial presentation of events 130 Supreme Court of Pakistan

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER FULL COURT MEETING AT SUPREME COURT OF PAKISTAN ISLAMABAD

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER THE CEREMONY OF NEW JUDICIAL YEAR 2018-2019 AT SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER THE FULL COURT REFERENCE ON THE SAD DEMISE OF MR. JUSTICE , MR. JUSTICE AND MR. JUSTICE ZAFAR HUSSAIN MIRZA, FORMER JUDGES SUPREME COURT OF PAKISTAN ANNUAL REPORT June2018 -May 2019 THE HON’BLECHIEF JUSTICE OF PAKISTAN MR. SAQIB MIAN JUSTICE NISAR PRESIDINGOVER MEETINGOF JUDICIAL REFERENCE ON THE SAD OF DEMISE MR. JUSTICE SAJJAD ALI SHAH AND MR. JUSTICE AJMAL MIAN,FORMER CHIEF JUSTICES OF SUPREMECOURT OF PAKISTAN, MR. MUKHTARJUSTICE AHMED JUNEJO MR. AND HAMID JUSTICE ALI SUPREME COURT OF PAKISTAN, DR. JUSTICE ,MR. JUSTICE CH.IJAZ AHMED AND MR. JUSTICE MIAN THE HON’BLECHIEF JUSTICE OF PAKISTAN MR. SAQIBJUSTICE MIAN NISAR PRESIDINGOVER THE FULL COURT COURT REFERENCEON THE SAD OF DEMISE MR. JUSTICE SAEEDUZZAMAN SIDDIQUIFORMER CHIEF JUSTICE THE HON’BLECHIEF JUSTICE OF PAKISTAN MR. SAQIBJUSTICE MIAN NISAR PRESIDINGOVER THE FULL BURHANUDDIN KHANFORMER JUDGES SUPREMECOURT OF PAKISTAN MIRZA FORMER JUDGES SUPREMECOURT OF PAKISTAN COMMISSION OF PAKISTAN CHAPTER 10 131

pictorial presentation of events 132 Supreme Court of Pakistan

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER MEETING OF POLICE REFORMS COMMITTEE AT SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER THE CONCLUDING SESSION OF WORKSHOP ON THE RIGHTS OF TRANSGENDER PEOPLE AT SUPREME COURT OF PAKISTAN

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESIDING OVER MEETING OF JUDICIAL COMMISSION OF PAKISTAN AT SUPREME COURT OF PAKISTAN ANNUAL REPORT June2018 -May 2019 CHAPTER

10 THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR IN A GROUP PHOTO WITH DELEGATION OF COURSE PARTICIPANTS ON NATIONAL SECURITY & WAR COURSE – 2019 AT SUPREME COURT OF PAKISTAN. 133

pictorial presentation of events 134 Supreme CourtofPakistan

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR IN A GROUP PHOTO WITH MEMBERS OF OUTGOING AND NEWLY ELECTED CABINET SUPREME COURT BAR ASSOCIATION OF PAKISTAN AT SUPREME COURT OF PAKISTAN. ANNUAL REPORT June2018 -May 2019 CHIEF OF ARMY STAFF, GENERAL QAMAR JAVED BAJWA PRESENTING A CHEQUE TO HON’BLECHIEF JUSTICE OF CHIEF OF AIR STAFF, MUJAHID ANWAR KHANPAID A COURTESY CALL ONHON’BLECHIEF PAKISTAN MR. JUSTICE MIANSAQIB NISAR DONATIONAS TO SUPREMECOURT OF PAKISTAN AND THE PRIME MINISTER OF PAKISTAN DIAMERBASHA AND MOHAMANDDAMS FUND AT SUPRMECOURT OF PAKISTAN JUSTICE OF PAKISTAN MR. JUSTICE MIANSAQIB NISAR AT SUPREMECOURT OF PAKISTAN CHAPTER 10 135

pictorial presentation of events 136 Supreme Court of Pakistan

MR. MUHAMMAD FAISAL VAWDA, FEDERAL MINISTER FOR WATER RESOURCES CALLED ON THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR AT SUPREME COURT OF PAKISTAN

BARRISTER KHAWAR QURESHI (QUEEN’S COUNSEL), INTERNATIONAL LAW ATTORNEY CALLED ON THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR AT SUPREME COURT OF PAKISTAN ANNUAL REPORT June2018 -May 2019 SUPREME COURT OF PAKISTAN AND MINISTER OFTHE PRIME PAKISTAN DIAMER BASHA AND MOHAMANDDAMS THE HON’BLECHIEF JUSTICE OF PAKISTAN MR. SAQIBJUSTICE MIAN NISAR RECEIVING DONATIONS TO THE FUND AT SUPERMECOURT OF PAKISTAN CHAPTER 10 137

pictorial presentation of events 138 Supreme Court of Pakistan

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR RECEIVING DONATIONS TO THE SUPREME COURT OF PAKISTAN AND THE PRIME MINISTER OF PAKISTAN DIAMER BASHA AND MOHAMAND DAMS FUND AT SUPRME COURT OF PAKISTAN ANNUAL REPORT June2018 -May 2019 THE PRIMEMINISTEROF PAKISTAN KHAN MR.IMRAN ADDRESSING NATIONALTHE SYMPOSIUM ON“ALARMING THE HON’BLECHIEF JUSTICE OF PAKISTAN MR. SAQIBJUSTICE MIAN NISAR ADDRESSING THE PARTICIPANTS OF ONEDAY SYMPOSIUM ON“AN ALARMING POPULATION GROWTH INPAKISTAN: CALL FOR ACTION” AT POPULATION GROWTH INPAKISTAN: CALL FOR ACTION” AT COURT SUPREME OF PAKISTAN SUPREME COURT OF PAKISTAN CHAPTER

10

139

pictorial presentation of events 140 Supreme Court of Pakistan

THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR PRESENTING SOVINIOR TO THE PRIME MINISTER OF PAKISTAN MR. AT THE NATIONAL SYMPOSIUM ON “ ALARMING POPULATION GROWTH IN PAKISTAN: CALL FOR ACTION” AT SUPREME COURT OF PAKISTAN

H.E.MS.MARGARET ADAMSON, AUSTRALIAN AMBASSADOR TO PAKISTAN PAID A COURTESY CALL ON THE HON’BLE CHIEF JUSTICE OF PAKISTAN MR. JUSTICE MIAN SAQIB NISAR ANNUAL REPORT June2018 -May 2019 MR. YAVUZ SELIMKIRAN TURKISH DEPUTY FOREIGN PRESENTINGSOUVENIR MINISTER TO THE HON’BLECHIEF OF “LAUNCHING CEREMONY OF POLICEREFORMS COMMITTEE REPORT POLICEREFORMS: WAY FORWARD” AT THE HON’BLECHIEF JUSTICE OF PAKISTAN MR. SAQIBJUSTICE MIAN NISAR ADDRESSING THE PARTICIPANTS JUSTICE OF PAKISTAN MR. JUSTICE MIANSAQIB NISAR SUPREME COURT OF PAKISTAN CHAPTER 10 141

pictorial presentation of events 142 Supreme CourtofPakistan

Chief Justice’s Chamber Supreme Court Islamabad 11 ACTIVITIES OF THE CHIEF JUSTICE OF PAKISTAN AND JUDGES

CHAPTER 11

ACTIVITIES OF THE CHIEF JUSTICE OF PAKISTAN AND JUDGES

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 144 Supreme Court of Pakistan

ACTIVITIES OF THE CHIEF JUSTICE OF PAKISTAN AND JUDGES

11.1 Federal Judicial Academy

The Federal Judicial Academy, the prime judicial training Under the “Expeditious Justice Initiative,” Model institute of the country was established through a Criminal Trial Courts (MCTCs) with time-bound criminal Resolution in 1988. Until 1997, it worked under the trial regime have been established in each district Ministry of Law & Justice, Government of Pakistan. across the country. These Model Courts are expected However, given the significance of the institution and to deliver fair and expeditious justice through efficient keeping in view the principles of independence of service delivery. The idea is to improve service delivery judiciary, the Federal Judicial Academy Act, 1997 was with optimum utilization of the available resources enacted by the Parliament to make it a body corporate within the existing legal framework having perpetual succession and seal. In order to materialize this vision, ‘Expeditious Justice The Academy operates under the control and supervision Initiative’ was articulated and approved by the National of a Board of Governors. The Hon’ble Chief Justice of Judicial (Policy Making) Committee on 11.03.2019 as a Pakistan is the Chairman, of the Board of Governors of policy guideline. The initiative introduced Time-Bound the Academy. Following are the aims and objects of the Criminal Trial Regime and establishment of Model Academy: Criminal Trial Courts (MCTCs). It is to be executed as Action Document with a comprehensive monitoring (i) orientation and training of new Judges, and evaluation mechanism. Magistrates, law officers and Court personnel; (ii) in-service training and education of Judges, The National Conference was, therefore, planned as Magistrates, law Officers and Court Personnel; per dictates of the National Judicial (Policy Making) (i) holding of conference, seminars, workshops, Committee reflected in Paragraph 9.1 of the Action and symposia for improvement of the judicial Document. It aimed at introducing relevant stakeholders system and quality of judicial work and; with this innovative initiative so as to secure their (iii) publishing of journals, memories, research ownership and commitment. The conference was papers and reports; attended by all the Hon’ble Chief Justices of provincial High Courts, all the 116 District and Sessions Judges Following is the summary of activities of Hon’ble from across Pakistan, notified Judges of the MCTCs Chief Justice of Pakistan and the Hon’ble Judges from all over Pakistan, and other key players of the of the Supreme Court during the period: criminal justice system. A. Activities of the Hon’ble Chief Justice of Pakistan and Hon’ble Judges of Supreme In his address, the Hon’ble Chief Justice of Pakistan, Court of Pakistan at Federal Judicial Academy, reaffirmed his commitment to the Constitution of Islamabad from 1st June, 2018 to 31st May, Pakistan, Article 37(D) of Chapter 2, Principles of Policy 2019. that requires the State to provide ‘inexpensive and expeditious justice.’ Article 10(a) of the Constitution of the Islamic Republic of Pakistan 1973 guarantees the As per records of Programs & Coordination Wing, the ‘Right to Fair Trial’ as a fundamental right. ‘Equality before Hon’ble Chief Justice of Pakistan/Chairman BoG FJA, the law’ is yet another fundamental right guaranteed by Mr. Justice Asif Saeed Khan Khosa, visited this Academy Article 25 of the Constitution. The three references only once during the given period (1st June 2018 to 31st from the Constitution of Pakistan unequivocally May, 2019). The Hon’ble CJP graced the occasion of establish access to justice as the key component of the one day National Conference on “Expeditious Justice Constitution of Pakistan that calls for a well-functioning, Initiative: A Roadmap to Time-Bound Criminal Trial efficient and independent administration of justice. Regime”, held at Federal Judicial Academy Islamabad on Saturday, 13th April, 2019. judicial by the General justice Justice, The 2009 isamilestone inthejudicialhistory of thecountry. the Republic of Pakistan. modernization judiciary capacity policyjudicial prepareand forschemes improving the statutorybody mandated toformulate implementand Formulation Women Justice thirteen Federal justice. collaborates To thisendtheCommission conducts inhouseand implementation TheCommission empoweredalso is the tosupport four provinces includingIslamabad. to Since itsestablishment in2002,theNJPMCisstriving courts are itsmembers. secretarial and The COMMITTEE B. NATIONAL JUDICIAL POLICY MAKING and individualsto conductresearch andpolicy analysis. law the statutorybody mandatethe with toreview laws of The A. LAW & JUSTICE COMMISSION OF PAKISTAN 11.2 B. ANNUAL REPORT June2018 -May 2019 1.

improve the

generally Federal executive, the country National Policy Law Hon’ble for Trial Judges under newly introduced Pre-Trial System. has The as The of independence

and

Chief other Chairperson for and 31 Activities of the Chief Justice of Pakistan in the Punjab Judicial Academy, Lahore from 1 Law and Justice Commission of Pakistan and

and

mandated services Pakistan and

visited the Chief st

Secretariat

sets and Shariat Provincial May, 2019 with Pakistan,

(iii) and

and four Judicial Justices members performance and Chief (ii) administration Justice of enforcement to

Justice three

the other justice

to eradication to non-official reform. is reforms ensure Court

by Justice the Academy the make (Policy for by Secretary Governments

Federal

of the Commission major local including of

Committee.

service ensuring Chairman LJCP

Commission expeditious and Pakistan The Constitution to of recommendations of

of Making) and of

of goals:

Shariat

Pakistan strengthen as members

Commission High

provides

the National

justice Ministry delivery corruption the Chief Description international its (Hon’ble of The administration for of Courts, (i) Chief

separation Committee Court dispensation

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Guest and on Pakistan strengthening improvement, of Judicial Hon’ble

technical in representing of the

the

Committee the Justices

comprises particular. Status is Mr. and from Law Attorney country. on headed rule to Islamic bodies Policy Justice Chief

the from High is is and and the the of of of of of a a Orientation

Mian The Governing SecretaryLJCP designatedthe is Secretary of the Chief Secretaries Judiciary. the Governing income consumable andmeant for investment to generate The principalamount of Rs. 1421millionisnon delivery andlegalempowerment. sustain judiciary infrastructure by legal sectors inPakistan. The Fund is beingadministered issue of chronic budgetary constraints injudicialand Development toamenities thelitigants. and provision of Courts related conveniences and released judiciary.district Tilltodate, amountample been has made available for infrastructure development of the throughearned investment of is fund principal the endowment periodic and evaluate theperformance andpublishannual One The C. ACCESS TO JUSTICE DEVELOPMENT FUND courts with regard to disposalofcases. cases time is beingcollected ondaily, fortnightly, monthly andon the

the Saqib NJPMC, key Chief Government of

specific by Justice Program

LJCP. the to

and

objective to reports Nisar) various therefore This

meet Body. Justices Body of key High fund AJDF deepen basis different

of amount Fund the

of functions the

district

of courts. Courts on with of of Pakistan Finance

for is purposes the of the

(AJDF)” the Pakistan 28-07-2018 the

Date ofDate Visit

a reforms has monitoring types the the unique Fund, Courts, substantial for Pursuant Fund of CHAPTER institution been name and

High

is the strengthening in of of other established is in

the

funding Law utilized the 2002 NJPMC statistical automation to of Courts to the the

strengthen Fund. Chairman “Access amount Divisions members the and performance st to justice to June, 2018to mechanism is directions and The address improve information disposal the to a to of statutory of maintain and Hon’ble

Federal District include service of Justice district

Courts profit

11 the the the the to of of of

145

activities of the chief justice of pakistan and judges 146 Supreme Court of Pakistan

Activities related to the Law & Justice resolved that in order to monitor the working of Complaint Commission of Pakistan Redressal System, the monthly Reports of all the complaint redressal Cells be sent to LJCP. Institutional Reforms: In another meeting of this Committee (PRC) held The ‘Police Reform Committee (PRC)’ was constituted on 06th May, 2019 to discuss on the agenda items by the Hon’ble Chief Justice of Pakistan vide pertaining to; (i) The performance of Public complaints notification dated 15th May, 2018 to deliberate upon redressal mechanism; (ii) Measures taken to improve the subject to come up with a concrete proposals for quality of investigation and result thereof; (iii) Output uniform Model Law, the Secretariat of Law & Justice of liaison with Judicial Academies for joint training of Commission of Pakistan, provided the logistic and IOs and prosecutors; (iv) Enhancing the effectiveness technical support to the Committee. The ‘PRC’ after of Criminal Justice System in dealing with ATA cases; thorough deliberation on the issues pertaining to the (v) Proposal for organizing a National Conference on capacity building and service delivery of Police force, the investigation by the LJCP in collaboration with the compiled a detailed report “Police Reforms: Way National Police Academy (NPA) at NPA Islamabad. Forward”. The Committee is continuously working for fair implementation of the recommendations of PRC. The “8th Judicial Conference”, “Towards Regional The PRC submitted its initial Report to Hon’ble Chief Economic Integration & Rule of Law”: Justice of Pakistan in the meeting dated 06th August, 2018, which was attended by the Hon’ble Mr. Justice The two days Judicial Conference on Theme “Towards Asif Saeed Khan Khosa, Senior Puisne Judge; Hon’ble Regional Economic Integration & Rule of Law” was Mr. Justice Manzoor Ahmad Malik, Hon’ble Mr. Justice convened on 4th - 5th May 2018 at the Supreme Court Syed Mansoor Ali Shah, Hon’ble Mr. Justice Munib of Pakistan Building, Islamabad, to deliberate upon Akhter, Hon’ble Mr. Justice Yahya Afridi Hon’ble Judges five themes relevant to law, justice and economic. The of this Court. The Hon’ble Chief Justice of Pakistan in inaugural and concluding sessions were chaired by the this meeting constituted a Steering Committee under Hon’ble Chief Justice of Pakistan and the thematic the supervision of Hon’ble Mr. Justice Asif Saeed Khan groups chaired by the Hon’ble Judges of the Supreme Khosa with Hon’ble Mr. Justice Manzoor Ahmad Malik Court of Pakistan. The thematic groups focused as its member for implementation of reforms suggested discussions on (i) Regional, Economic Integration in the Report of Police Reform Committee. and Effective Dispute Resolution Mechanism in The Context of China-Pakistan Economic Corridor (CPEC), Meetings of Steering Committee on Police Reforms: (ii) Alternative Dispute Resolution Methodologies and Since its constitution the Steering Committee on Deterring Factors, (iii) Strategy for Delay Reduction Police Reforms has held various meetings under the and Expeditious Disposal of Backlog of Cases, (iv) Legal Chairmanship of Mr. Justice Asif Saeed Khan Khosa, Education and Uniform Selection Criteria for Judicial Hon’ble Chief Justice of Pakistan/Chairman, Law & Officers in Pakistan and, (v) Relationship of Political and Justice Commission of Pakistan. These meetings have Economic Stability with Revamping of Criminal Justice been attended by all the IGPs and other stakeholders. System. In first meeting of Steering Committee on Police Reforms held on 29th October, 2018 the Committee deliberated Seminar on the Rights & Welfare of Transgender upon the comprehensive recommendations given by Persons the PRC and pondered over the way forward for the In order to provide access to justice to each segment effective implementation of the recommendations of Society and to understand the miseries of the most given in the Report of Police Reform Committee. suppressed transgender community a Seminar on the The Committee emphasized on devising oversight Rights & Welfare of Transgender Persons was held in the mechanism for grievance redressal and for improvement Supreme Court of Pakistan under the aegis of the Law in the quality of investigation. & Justice Commission of Pakistan in collaboration with the Punjab Social Protection Authority, Government of In its meeting dated 7th January, 2019, the Steering Punjab on 09th August, 2018. The Hon’ble Chief Justice Committee, reviewed the status of implementation of of Pakistan/Chairman, Law and Justice Commission its decisions. In said meeting it was resolved that the of Pakistan chaired the concluding session wherein establishment of grievance redressal mechanism within His Lordship was briefed about the recommendations Police Force is direly needed for effective service delivery formulated for Policy framework aimed at the welfare of and public satisfaction. In that meeting the scenario the transgender community, advocacy for registration for the establishment of uniform Complaint Redressal with NADRA and sensitization of the Government centers for external and internal police accountability agencies as well as public for behavioral changes was also taken into consideration. towards the community. The Steering Committee of Police Reforms in its Effective enforcement of Transplantation of Human another meeting dated 11th February, 2019 reviewed Organs & Tissues Act, 2010 the performance of complaint redressal mechanism established in all the provinces of the country and it was The Hon’ble Chief Justice of Pakistan/Chairman, Law impact history global it Hon’ble Chief deliberaterecommended the reformsreport.said in The Standard of on One-day Report “Police Reforms: Way Committee Forward”: Reforms Police of Ceremony Launching for research onthesubject. of adequate system to provide congenial environment Chief the the years Pakistan a and alsostressed that thereligious scholars could play population Chief Court In Stem Cell Breakthrough: the of Production Upscale for Session Consultative school curriculum. impact trees awareness representatives 2010” relevant with stakeholders and Act, Organs Tissues & Human of Transplantation of enforcement & ANNUAL REPORT June2018 -May 2019 implementation the Action’ for Call Pakistan: in Growth at consultative and implementation Chairmanship Commission A in Pakistan: Callfor Action’ National on Symposium ‘Alarming Population Growth Tissues Act, 2010,inthecountry. Court of stem cell research inPakistan. In compliance of the held on5 session for stakeholderscomprehensivea report wasprepared

was vital

the Pakistan Constitutional Justice 14 National subject issue Law comparative issuance

would th Justice Justice for order directed

emphasized warming as January,2019 aspartof itsmandate to create Secretariat for graced on role

highlighted event th

& Operating the of

betterment December, 2018. The event hadanhistorical finalizing and the growth Commission

Justice of

presided a be in alarming

workshops Prime of of

Symposium Justice of meeting of of environment to the was of well-being the

creating

planted of

also of of Pakistan Pakistan, the

Pakistan provide study

Petition

Transplantation of event. that and uniform organized Commission the the Procedures Secretariat Minister all the

affects Hon’ble over LJCP, population of was

recommendations Pakistan graced theoccasion. the law. of environment there in alarming

awareness of a the The

further

with the recommendations also of the forum No.

on to held and

provinces the of On

Pakistan the guidelines by Chief population. is environment.

Hon’ble country arrange Pakistan meeting of (SOPs) 73/2018,

stated lrig Population ‘Alarming respect the population a on of Hon’ble

basis

climate for growth stated growth. the dire

of

Pakistan 07 Justice Secretariat

regarding

the Human are was arranged by

for

th Law chaired of need Chief responsible in that January,2019 first a to participants

that to

for for interlinked of having Chief development the deliberations The The

the consultative discuss

and of planning

population time

promotion ten Moreover, to under “effective Justice Organs of

issues next effective Pakistan

Hon’ble Hon’ble Hon’ble tackling of

include various Justice Justice all billion direct in

LJCP

five the the the the for as to of of in &

under 8 The NJPMC, Mian Under The NJPMCMeeting dated 8 Policy MakingCommittee (NJPMC). Activities related to National Judicial Islamabad, in which thefollowing decisions were taken; Saeed Gulzar Court Pakistan, wherein, thefollowing decisions were taken; (On The NJPMCMeeting dated 11 th of January,at2019, Supremethe Court of Pakistan, . Approved e. . The f. . Directed d. a. . Approved b. . Approved c. b. The a. NJPMC Special

Saqib

of Khan the Ahmed, the

meeting should beimmediately continuously Conference. be All therelevant stakeholder departments may the Administrative directedalso that the all vacantthe in posts Administrative may posts inthesuperior as well asdistrictjudiciary committee Jail Islamabad anddirected that theSub- inordinate of apprise the Supreme Court of Pakistan. under Committee challans statutorywithin period.Moreover, the which of PC-I by LJCP Secretariat for theestablishment Courts It was decidedthat theHigh Courts andSession the cases monthly basis. initially designate judgesfor Modelsaid the Courts to with itsSoPs anddirected theHigh Courts to Modelthe Courts throughout Pakistan along meeting Pakistan,

Chairmanship National chairmanship Khosa, Nisar, construction Administrative advised befilledonimmediate basis. Committee Islamabad meeting complainant Committee Invitation)

under Senior Chairman try will the of may of Chief Islamabad, the oldestmurder recommendations Chief

Chairmen that formed be

the delay Committee

also Judicial the

to

section

dated monitor Puisne recommendations a Tribunals

Declaration only Tribunals

approved Justice ensure Justice by showed group

Committee of resolved of team CHAPTER NJAC of has LJCP in

Tribunals /Special Courts.

to

11.3.2019 the Hon’ble, the Automation Judge, 22 the th which

and construction entertain the January,2019: filledup. th accelerate exhausted

on of of March, 2019: of i.e. timely A recommendations andnarcotics cases. / Hon’ble jail displeasure

Hon’ble

the Presiding and Secretariat Pakistan performance IT Cr.P.C., regular that Pakistan/Chairman, Special was in Supreme an

for was should experts establishment Mr.

the Special

Hon’ble was submission all preparation in also applications/ the

Unit held the basis. the Justice Mr. 1898, Mr. Courts at the 8 Officers of convened th meet attended Supreme over Court progress Judicial one-day

working remedy (NJAU) on Justice Justice Courts should vacant Model of Judge It once

11 was Asif and the the the on of of of of of in

147

activities of the chief justice of pakistan and judges 148 Supreme Court of Pakistan

before the complaint redressal center of Police performance of the said Courts and resolving their Department. issues like shortage of staff and availability of necessary infrastructure to ensure speedy disposal of cases. c. The Committee directed to approach the Federal and Provincial Governments for The Hon’ble Chief Justice showed displeasure on the filling up of vacant posts in the Administrative slow disposal rates of the Drug Courts and observed that Tribunals and Special Courts. none of the courts have achieved a satisfactory disposal rate despite directions in meeting of the Chairpersons d. It was also directed that the High Courts and Presiding Officers of all the Administrative Tribunals should immediately fill-up vacant posts in the and Special Courts (both Federal and Provincial) dated High Courts and district judiciary. 03-02-2018 and firmly directed that the rate of disposal may be brought up to 60% within the next three months, th The NJPMC Meeting dated 29 April, 2019: to wipe out the pendency of cases. He cautioned that The NJPMC meeting dated 29.4.2019 was convened under performers would be strictly dealt with. under the Chairmanship of the Hon’ble Chief Justice of Pakistan, at the Supreme Court of Pakistan, Islamabad, The Chairmen Drug Courts informed that accelerated which was also attended (On Special Invitation) by the disposal could not be achieved mainly due to the reason Hon’ble Mr. Justice Gulzar Ahmed, Senior Puisne Judge, that the requisite staff and members of the Drug Courts Supreme Court of Pakistan, in which the following are not available. It was also informed that the Technical decisions were taken; Members are not interested in performance of their duties as they are given a meager sum of Rs. 700/- as a. The Committee reviewed the complaint daily allowance with a maximum of Rs.10000/- per redressal mechanism under section 22 A (6) month. It was pointed out that the Technical Members Cr.P.C and decided that an aggrieved person reside at far off stations and were not able to attend shall have a choice to approach either SP proceedings of the Courts. On the other hand, it was Complaints or Justice of Peace directly who informed that in Punjab, Technical Members were hired shall call a report from the concerned SP in BPS 19 for Drug Courts. Complaint within seven days. b. The Committee observed that a large number It also transpired that after the devolution of powers of vacant posts still exist in the Administrative under the 18th Amendment, the subject of Drug Tribunals and Special Courts and directed the Courts had devolved on the provinces, however, with Secretary, LJCP, to convey the Committee the exception of Punjab, the other provinces had not serious concerns due to non-filling up of posts taken control of the Drug Courts. Furthermore, the in the Administrative Tribunals and Special Chairpersons of the Drug Courts informed that the Courts. sanction of prosecution by the respective Secretaries of the Health Departments consume un-necessary time c. The Committee also directed that due to and sometimes the accused has died their natural death shortage of human resource in the NJPMC when the case is put into a Court. Wing, proposal for new and regular staff should be sent to the federal government. Moreover, Upon this, the Hon’ble Chairman, NJPMC observed as a stop gap arrangement a proposal be that shortage of staff etc., should not be an impediment submitted to the Hon’ble Chairman LJCP/ in the dispensation of justice. However, the Hon’ble NJPMC for approval to hire officers and staff Chief Justice directed the Secretary, LJCP, to examine on contract, whose salaries could be from the Drug Laws in Pakistan for suggesting amendments Access to Justice Development Fund. therein for expeditious disposal of cases. Also directed that the relevant ministries and high courts should be d. The Committee directed that a comprehensive requested to make available resources to the Drug working paper may be submitted regarding Courts. He further directed to the Additional Registrar road map for establishment of Gender-Based (Administration) Supreme Court of Pakistan to also Violence Courts. Similarly, it was also directed chalk out the problems of the Drug Courts and contact that a detailed working paper containing the relevant authorities for their immediate redressal. statistics regarding juvenile and child matters may be placed before the Committee to Two-day International Symposium-Creating a Water- consider setting up of Juvenile and Child Secure Pakistan, dated 19-20 October, 2018: Courts throughout Pakistan. Under the directions of the then Hon’ble Chief Justice Meeting of all the Chairpersons, Drug Courts: of Pakistan/Chairman, NJPMC, Mr. Justice Mian Saqub A Meeting of all the Chairpersons, Drug Courts in Nisar, for addressing the issue of water scarcity in Pakistan was held on the 3rd July, 2018, under the Pakistan, a two-day, international Symposium was Chairmanship of Hon’ble Mr. Justice Mian Saqib Nisar, held on 19-20 of October, 2018 at Supreme Court of Chief Justice of Pakistan/Chairman, National Judicial Pakistan Building, Islamabad, on the theme “Creating a (Policy Making) Committee, in the Committee Room of Water-Secure Pakistan”. For the said event, the Hon’ble the Supreme Court of Pakistan, Islamabad, for reviewing Chief Justice of Pakistan, constituted an Organizing Justice Bandial, Judge Supreme Court of Pakistan, andMr. Committee ANNUAL REPORT June2018 -May 2019 The Agriculture Jurists, and The assemblies, etc. present andpastmembers of parliament andprovincial provincial The aforementioned international symposium. and waterstrategyetc.,and pricing, for the holding Irrigation, WAPDA, Provincial relevantstakeholder departments of Federalthe and Justice was scarcity, technical Constitution. water are fundamental rights, asisalsoenvisaged inthe stated that theright to life andprovision of safe drinking participated of Islamic Republic of Pakistan. The symposium was state Indus of river basinsinthesaidcountries which are similar to Australia andSouth Africa etc. discussed various issues The of waterscarcity. foreignthose countries havewhich overcome issue the stated and Treaty of ofPakistan totake measures all to overcome issue the responsibilitythe is of Statethe as wellpeople the as Pakistanbecomehas waterscarce country; therefore it have beenconstructed with theincrease in water usage, country. However, duringlast40 years nolarge dams sessions. foreign available to itunder thetreaty. The Chair thanked the the They for eradication theirin issues countries. Theydeliberatedalso on overcoming water scarcity andother water management the same the and session wereapproved by as house the were presented before theHouse concluding inthe by Pakistan could be achieved.

water construction the Islamabad Islamabad DeclarationIslamabad 2018. concluding international gracefully Water inaugural

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. The 3. ProvincialJudicial Academies. ofIslamabad High Court releasesand of tothe funds Committees . This 4. facilities inthecourts. andlowerthe district judiciary interms of provision of available for release to Islamabad High Court to support Chief Regions performance Jail, Judges, allocated funds for subordinate judiciary intheICT have been Legal AJDF in Empowerment country disbursements . The 2. Body, society Fund approved courts, caters for improvement of theinfrastructure indistrict Chairman, Law December, April, during thisperiodon1 during 29 the allocation the 2019 approved to includeIslamabad High Court in Capital all the108-districtsincludingtwo districtsof Islamabad Atotal amount of Rs.54.6 releasedbeen has million to High Court for theassistance before court the of law. of million are now available for release inseven window from having related were Technical approved and been During practitioners are Governing of . During 1. Fund (AJDF): Development Justice to Access to Related Activities Fund

the the th the April, 2019andresultantly, fundsof Rs.2,022.72 AJDF Judicial available President is

chaired approved (AJDF) Governing (JDF) Justice Empowerment AJDF. up AJDF 2019, the

80% conveniences Judicial released

including automation the Territory as headed

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utilization 2018, period, deserving

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September, 2018and8 Fund forum funds 2017-18,

and under Courts, Body 8 held other in funding meeting courts. @Rs.400,000/- th Chief Body (DLECs).

established January, 2019and29 Fund to and representative headed Legal to

terms of two (JDF)

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funds. and receives report, Justice to

in (DLECs) windows,

Justice Rs.69.1 provision

District Rs.1,185.98 to its allocation

previous 2017-18 (JDF) For 8 Under-Developed all of the is considered dated meetings the Rs.50 th above the meeting alongwith of

The January,2019 Superintendent by Pakistan. appoints the were

the on Empowerment Resultantly,

the two Development Development District

window litigants. investments, 108 of the applications Window windows & need million 8 across concerned million Governing

th of first from Pakistan/ to also meetings meetings inclusion releases. of was Sessions January Hon’ble held

District of

million courts DLEC funds share Legal

basis

legal time held that 11 also civil The has the the the

are on an of of th th

149

activities of the chief justice of pakistan and judges 150 Supreme Court of Pakistan

amount of Rs.7.6 million was released during the period laws. LJCP has funded 50 projects so far by releasing for the DLECs which had utilized funds already released funds of Rs.49.709 million to the reputed NGOs/ to them. Organizations/Researchers/Scholars across the country. The projects were aimed at providing legal aid 5. In addition, 10% share of the income of the and awareness, legal empowerment, basic human rights, Fund is allocated to another window namely Special violence against women etc. In this regard, ten phases Projects in the Under-Developed Regions (SPUR) purely of the AJDF to cover these windows were previously created for under-developed areas of the country launched. During the period, the Governing Body, support to bring them at par with the other developed AJDF in its meeting held on 29th April, 2019 accorded areas of the country. In this regard, previously, an approval to launch 11th Phase of AJDF which has now amount of Rs.84.31 million has been released to been advertised in national and regional newspapers on the Provincial High Courts for undertaking special 6th September, 2019. The Governing Body, AJDF has infrastructure development projects in the designated approved allocation of Rs.467.5 million in total under underdeveloped areas of the respective provinces. the Legal Empowerment Fund Window; Judicial and During the period under report, the Governing Body, Legal Research Window and for Innovations in Legal AJDF under the Chairmanship of the Hon’ble Chief Education which are part of the 11th Phase of the AJDF. Justice of Pakistan/Chairman, LJCP has approved allocation of share amounting to Rs.109.2 million for the Under-Developed Regions (UDR) Window and as 9. In addition, the Governing Body, AJDF a result an amount of Rs. 114.4 million is available for has also approved to release funds to the Federal & release to the respective Provincial High Courts for Provincial Judicial Academies (F&PJAs) for capacity designated under developed districts. The respective building training of the judicial and non-judicial officers High Courts have been requested to share the work and staff. The Governing Body, AJDF in its meeting th plans for release and utilization of funds to meet the held on 8 January, 2019 approved the share allocation objectives of the Fund effectively and efficiently. formula for the F&PJAs upon recommendations of the Technical Evaluation Committee (TEC) of AJDF. As per TEC considerations, 25% share of the allocated 6. Similarly, from the Under-Developed Regions amount is earmarked for Federal Judicial Academy while (UDR) Window, Rs.22 millions have been approved the remaining 75% share is distributed amongst the th by the Governing Body in its meeting held on 29 Provincial Judicial Academies to support the activities April, 2019 up to Financial Year 2017-18 for Under- not covered under their regular budget. The Governing Developed Regions of the erstwhile FATA areas to bring Body, AJDF in its meeting held on 29th April, 2019 them at par with other district of the province. During approved the release of funds to Federal and Provincial the meeting of the Governing Body, AJDF, the Hon’ble Judicial Academies subject to sharing of detailed work- Chair desired the Peshawar High Court to formally share plans reflecting activities, estimates and timelines. case for consideration of the Governing Body, AJDF. The Governing Body, AJDF in the above said meeting approved allocation of Rs.129 millions for the Federal 7. To meet the objectives of the AJDF Windows and Provincial Judicial Academies windows. Proposals in promoting legal research, innovation and reform in from Federal and all Provincial Judicial Academies have the justice sector and legal education, the establishment been received and in process of scrutiny to rationalize of Research Centers in districts has been envisioned by the budget estimates in accordance with the AJDF the judicial leadership and the Governing Body, AJDF Rules and Procedures. in its meeting dated 29th April, 2019 has directed the respective High Courts to initiate proposals to realize the envisaged research culture. 10. It is hoped that, through funding support from the Access to Justice Development Fund (AJDF), 8. Moreover, funds are also allocated to the it would be possible to achieve the goals in line with Window namely Legal Empowerment Fund for providing the vision of the judicial and political leadership, and clinical legal aid, fundamental rights, representation in the justice sector will be able to provide better service public interest litigation, public awareness and legal delivery and affordable and equitable access to justice literacy campaigns and awareness on environmental in the country. Local Visits: 11.3 ANNUAL REPORT June2018 -May 2019 Sajjad Ali Shah SajjadAli Hon’ble Mr. Ahsanul Hon’ble Mr. Arab Hon’ble Mr. Gulzar Hon’ble Mr. MushirAlam Hon’ble Mr. Saeed KhanKhosa Hon’ble Mr. Saqib Nisar, Hon’ble Mr. Saeed KhanKhosa Hon’ble Mr. Saqib Nisar, Hon’ble Mr.

Ahmed Judges Judges Foreign Tours/Visits of the Chief Justice and Name Name Justice Justice Ijaz Justice Faisal Justice Justice Mian Justice Mian Justice Justice Justice Asif Asif

1. 1. 2. 1. 1. 2. 1. 1. 3. 2. 1. 1. 1. Attended Participated inthe150 20.01.2019 to23.01.2019. Participated inthe Participated inasymposium inSingapore from 30.03.2019. 28.03.2019to from 26.10.2018. 23.10.2018to Participated intheConference of 29.11.2018 to08.12.2018 Russia from 18.05.2019. 13.05.2019to Officially Participated asChief the amphitheatre, Atchison College, Lahore. of Pakistan College of Law heldon30 13.04.2019 to27.04.2019. Attended Seminar Republic of Turkey heldin Turkey from 26.10.2018. 24.10.2018to Hotel, Lahore. Participated asChief “Chadar Poshi”. Participated inaConference at Visited theshrineof Festival asChief Institute inPort of Participated intheBiennial Meeting of Officially

visited USA visited IX St. Petersburg Guest on28 Turkey for Spain, World Enforcement Conference heldinChinafrom Hazrat Data Ganj Bukhsh ontheeve of Guest inthe 11 Guest intheFunction heldonSaturday for

Judges from SCO Member from 18.12.2018. 16.12.2018to th Establishment Anniversary of theCouncil of State of the raising fundsfor Trinidad and International th October, 2018andperformed of theritual Turkey Official Visit Official Visit Hague Convention heldinMiami, Florida, USA th th from 17.12.2018. 12.12.2018to Graduation Ceremony Tobago from 18.11.2018. 15.11.2018to theCommonwealth March, 2019at thePearl Continental Legal “Diamer Forum States inChina,from Basha &Mohmand Dam” held CHAPTER in Judicial 975 Saint 9 of th LLB March,2019 at th

Petersburg, Annual Urs Education Graduates from 11

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activities of the chief justice of pakistan and judges 152 Supreme Court of Pakistan

11.4 Nominations of Hon’ble Serving/Former Judges/ officers of this Court in respect of different Institutions/Organizations

Name of Hon’ble Judge Nomination Mr. Justice Asif Saeed Khan Khosa Hon’ble Chairman, Federal Judicial Academy, Islamabad. Hon’ble Chairman, Law and Justice Commission of Pakistan, Islamabad Chairman, Administrative Committee, Federal Judicial Academy, Islamabad Mr. Justice Gulzar Ahmed Chairman, Disciplinary Tribunal, Pakistan Bar Council

Chairman Enrolment Committee, Pakistan Bar Council, Islamabad. Mr.Justice Mushir Alam Member Executive Council of Allama Iqbal Open University, Islamabad (term expired)

Member, Syndicate Quaid-e-Azam University, Islamabad.

Chairman Departmental Selection/Promotion Committee Supreme Court of Pakistan Mr. Justice Umar Ata Bandial Member, Administrative Committee, Federal Judicial Academy

Member Departmental Selection/Promotion Committee

Chairman, Disciplinary Committee, Pakistan Bar Council, Islamabad. Mr. Justice Qazi Faez Isa Liaison Judge on UK-Pakistan Protocol on Child & Family Laws

Member, Committee for Enhancing Environmental Justice (CEEJ) Mr. Justice Manzoor Ahmed Malik Chairman Federal Review Board Mr. Justice Faisal Arab Member, International Hague Network of Judges (IHNJ) Mr. Justice Syed Mansoor Ali Shah Member, Committee for Enhancing Environmental Justice (CEEJ) Mr. Justice Mazhar Alam Khan Miankhel Member Selection Board Quaid-i-Azam University, Islamabad Mr. Justice Qazi Muhammad Farooq, Member, Board of Governors, Virtual University of Pakistan, Lahore Hon’ble former Judge Mr. Justice , Chairman, National Industrial Relations Commission Hon’ble former Judge Member, Pakistan Medical & Dental Council

Member of Board of Governors, NUML, Islamabad.

Member, Law and Justice Commission of Pakistan Mr. Justice Tariq Parvez, Member, Board of Governors, Air University, Islamabad Hon’ble former Judge Mr. Justice Raja Fayyaz Ahmed, Hon’ble Member Board of Governors of Riphah International University. former Judge Registrar, Supreme Court of Pakistan Member Departmental Selection/Promotion Committee 12 SUPREEME COURT OF PAKISTAN AND MEDIA

CHAPTER 12

SUPREEME COURT OF PAKISTAN AND MEDIA

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 154 Supreme Court of Pakistan

SUPREME COURT OF PAKISTAN AND THE MEDIA

Under the Constitutional scheme of 1973, there desk. A room has also been allocated in the Supreme are three pillars of the State i.e Legislative, Judiciary, Court building to facilitate their work. A space in front Executive. Judiciary is one of the most important organ of Supreme Court building has also been given to media of the State. Supreme Court is the highest court in to install their cameras to interview the lawyers on judicial hierarchy of Pakistan. It is apex court, and final different constitutional matters. arbiter of law and Constitution in the country. Being the custodian of Constitution it believes in freedom of Moreover, a media cell in Supreme Court has also been every institution including media to play its constructive, established to keep close liaison with beat reporters positive and productive role to educate, guide, inform to keep them abreast of the new developments and entertain people for the welfare of society. Supreme taking place in Supreme Court through email, fax, Court has given free and easy access to media to cover text messages and WhatsApp. All the press releases routine as well as important constitutional and general and important judgments are also hosted on official cases of public interest to disseminate information to website of Supreme Court which is another source of public at large to create awareness about their legal information about the court and its activities. The court and constitutional rights as enshrined in Constitution of proceedings find ample coverage in the press, which is Islamic Republic of Pakistan, 1973. a vital source of information for the general public on legal and judicial issues. Special invitations are extended to media to cover special events like full court meetings, oath taking ceremonies, full court references, new judicial year Some of the press clippings from 1st June, 2018 to ceremonies, roll signing ceremonies of Advocates and 31st May, 2019 are included however, some important delegation meetings. The Court establishment facilitates articles / editorials published in different newspapers media to carry out their duties in an effective manner during the publication of the report have also been by reserving special seats/desks for media in each court incorporated. room along with better sound system installed on each Supreme Orders/Directions Court clippingsPress reflecting media coverage of ANNUAL REPORT June2018 -May 2019 14-06-2018 The 09-06-2018 CHAPTER 12 155

SUPREEME COURT OF PAKISTAN AND MEDIA 156 Supreme Court of Pakistan

The Daily Jang 12-06-2018 ANNUAL REPORT June2018 -May 2019 The Daily 19-06-2018 CHAPTER 12 157

SUPREEME COURT OF PAKISTAN AND MEDIA 158 Supreme Court of Pakistan

The Daily Dawn 25-06-2018 ANNUAL REPORT June2018 -May 2019 The Daily Jang 12-09-2018 The Daily Jang 27-06-2018 CHAPTER 12 159

SUPREEME COURT OF PAKISTAN AND MEDIA 160 Supreme Court of Pakistan

The Daily Jang 04-07-2018 ANNUAL REPORT June2018 -May 2019 The Daily Jang 07-09-2018 CHAPTER 12 161

SUPREEME COURT OF PAKISTAN AND MEDIA 162 Supreme Court of Pakistan

The Daily Jang 15-09-2018 ANNUAL REPORT June2018 -May 2019 The Daily Jang 23-09-2018 The Daily Jang 17-09-2018 CHAPTER 12 163

SUPREEME COURT OF PAKISTAN AND MEDIA 164 Supreme Court of Pakistan

The Daily Jang 29-09-2018 ANNUAL REPORT June2018 -May 2019 The Express Tribune 12-10-2018 CHAPTER 12 165

SUPREEME COURT OF PAKISTAN AND MEDIA 166 Supreme Court of Pakistan

The Daily Jang 21-10-2018 ANNUAL REPORT June2018 -May 2019 The Daily Dawn 01-11-2018 CHAPTER 12 167

SUPREEME COURT OF PAKISTAN AND MEDIA 168 Supreme Court of Pakistan

The Daily Jang 06-12-2018

The Daily Jang 01-01-2019 ANNUAL REPORT June2018 -May 2019 The Daily Jang 14-02-2019 CHAPTER 12 169

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The Daily Jang 21-02-2019 ANNUAL REPORT June2018 -May 2019 The Express Tribune 05-03-2019 The Daily Dunya 05-03-2019 CHAPTER 12 171

SUPREEME COURT OF PAKISTAN AND MEDIA 172 Supreme Court of Pakistan

The Daily Dunya 14-03-2019 ANNUAL REPORT June2018 -May 2019 The Daily Dunya 01-04-2019 The Express Tribune 30-04-2019 CHAPTER 12 173

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The Express Tribune 30-04-2019 ANNUAL REPORT June2018 -May 2019 The Daily Dunya 01-05-2019 CHAPTER 12 175

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The Daily Jang 08-05-2019 ANNUAL REPORT June2018 -May 2019 The Daily Jang 08-05-2019 CHAPTER 12 177

SUPREEME COURT OF PAKISTAN AND MEDIA 178 Supreme Court of Pakistan

The Daily Dawn 28-05-2019 ANNUAL REPORT June 2018 - May 2019 179 180 Supreme CourtofPakistan

Chief Justice’s Chamber Supreme Court Islamabad 13 INFORMATION ON THE ADMINISTRATION OF JUSTICE

CHAPTER 13

INFORMATION ON THE ADMINISTRATION OF JUSTICE

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 182 Supreme Court of Pakistan

13.1 Present Composition of the Federal Shariat Court and High Courts

Federal Shariat Court Present Composition Chief Justice, Mr. Justice Muhammad Noor Meskanzai Mr. Justice Dr. Fida Muhammad Khan Mr. Justice Mehmood Maqbool Bajwa Mr. Justice Syed Muhammad Farooq Shah Mr. Justice Rakhshani

Lahore High Court Present Composition Chief Justice Mr. Justice Sardar Muhammad Shamim Khan Mr. Justice Mamoon Rashid Sheikh Mr. Justice Muhammad Qasim Khan Mr. Justice Sayyed Mazahar Ali Akbar Naqvi Mr. Justice Amin-Ud-Din Khan Mr. Justice Muhammad Ameer Bhatti Mr. Justice Malik Shahzad Ahmad Khan Mr. Justice Shujaat Ali Khan Mrs. Justice Ayesha A. Malik Mr. Justice Shahid Waheed Mr. Justice Ali Baqar Najafi Mr. Justice Atir Mahmood Mr. Justice Shahid Bilal Hassan Justice Miss Aalia Neelum Mr. Justice Abid Aziz Sheikh Mr. Justice Muhammad Tariq Abbasi Mr. Justice Ch. Muhammad Masood Jahangir Mr. Justice Sadaqat Ali Khan Mr. Justice Shams Mehmood Mirza Mr. Justice Syed Shahbaz Ali Rizvi Mr. Justice Shahid Jamil Khan Mr. Justice Faisal Zaman Khan Mr. Justice Ch. Mushtaq Ahmad Mr. Justice Masud Abid Naqvi Mr. Justice Shahid Karim Mr. Justice Mirza Viqas Rauf Mr. Justice Ch. Mr. Justice Shahid Mubeen Mr. Justice Sardar Ahmad Naeem Mr. Justice Raja Shahid Mehmood Abbasi ANNUAL REPORT June2018 -May 2019 Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Chief Present Composition Mr. Mr. Justice Justice Rasaal Hasan Syed Justice Shakil-ur-Rehman Khan Justice Sadiq Mahmud Khurram Justice Ch. Justice Justice Muhammad Justice Farooq Haider Justice Muzamil Justice Justice Justice Zafar Justice Zulfiqar Justice KhadimHussain M.Shaikh Justice Muhammad Iqbal Maher Justice Muhammad Iqbal Kalhoro Justice Muhammad Faisal Kamal Justice Muhammad Karim Khan Justice Mahmood Justice Justice Mujahid Mustaqeem Justice Sardar Justice Muhammad Sajid Mehmood Sethi Justice Nadeem Justice Justice Justice Naimatullah Phulpoto Justice Muhammad Shafi Siddiqui Justice Justice Salahuddin Panhwar Justice Muhammad Justice Nazar Justice Shehram Sarwar Justice Justice Irfan Saadat Khan Justice Syed Hasan Justice Muhammad

Justice Mr. Asim Hafeez Anwaarul Haq Pannun Asjad Aftab Aziz-ur-Rehman Abdul Maalik Gaddi Jawad Hassan Aqeel Tariq Saleem Sheikh Abdul

Ahmed Rajput

Ahmed Gorar Justice Javaid Ghural Ahmed Muhammad Sarfraz Dogar Akbar

Ahmad Khan Akhtar Akhtar Aziz A. Khan Azhar Ali Mazhar Junaid Ghaffar Waheed Khan Ahmed Abbasi Shabir Ch. Rizvi Ali M.Sheikh Ahmed Agha Alam High Court of Sindh Lahore High Court CHAPTER 13 183

INFORMATION ON THE ADMINISTRATION OF JUSTICE 184 Supreme Court of Pakistan

Mr. Justice Rasheed Ahmed Soomro Mr. Justice Arshad Hussain Khan Mr. Justice Muhammad Saleem Jessar Mr. Justice Fahim Ahmed Siddiqui Mr. Justice Khadim Hussain Tunio Mr. Justice Omar Sial Mr. Justice Adnan-ul-Karim Memon Mr. Justice Yousuf Ali Sayeed Justice Mrs. Kausar Sultana Hussain Mr. Justice Irshad Ali Shah Mr. Justice Shamsuddin Abbasi Mr. Justice Amjad Ali Sahito Mr. Justice Adnan Iqbal Chaudhry Mr. Justice Agha Faisal

Peshawar High Court Present Composition Chief Justice Mr. Justice Waqar Ahmad Seth Mr. Justice Qaiser Rashid Khan Mr. Justice Rooh-ul-Amin Khan Mr. Justice Ikramullah Khan Mr. Justice Lal Jan Khattak Ms. Justice Musarrat Hilali Mr. Justice Mohammad Ibrahim Khan Mr. Justice Ishtiaq Ibrahim Mr. Justice Abdul Shakoor Mr. Justice Ijaz Anwar Mr. Justice Syed Muhammad Attique Shah Mr. Justice Muhammad Nasir Mehfooz Mr. Justice Shakeel Ahmad Mr. Justice Arshad Ali

High Court of Balochistan Present Composition Chief Justice, Justice Syeda Tahira Safdar Mr. Justice Jamal Khan Mandokhail Mr. Justice Naeem Akhtar Afghan Mr. Justice Muhammad Hashim Khan Kakar Mr. Justice Muhammad Ejaz Swati Mr. Justice Muhammad Kamran Khan Mulakhail Mr. Justice Zaheer-Ud-Din Kakar Mr. Justice Abdullah Baloch Khyber Pakhtunkhwa Sindh Punjab 13.2 ANNUAL REPORT June2018 -May 2019 (* ason07-09-2019) Mr. Mr. Mr. Senior Civil JudgesCivil Senior Addl. District &Sessions District &Sessions Mr. Mr. Mr. Civil JudgesCivil Addl. District &Sessions District &Sessions Chief Present Composition Senior Civil JudgesCivil Senior Addl. District &Sessions District &Sessions Civil Judges-cum-JudicialCivil Magistrates Administrative Administrative Civil Senior Civil JudgesCivil Senior Justice Mohsin Justice Justice Miangul Hassan Justice Nazeer Justice Justice Rozi KhanBarrech Judges &

Justice Mr. Judiciary Sanctioned Strength of Judges in Subordinate Aamir Abdul Hameed Baloch Judicial Magistrates /Family Tribunals (Federal) Tribunals (Provincial) Farooq Justice

Ahmed Langove Judges Judges Judges Akhtar Athar Judges Judges Judges Title Title Kayani Title Aurangzeb Minallah

Judge Islamabad High Court Sanctioned Strength* Sanctioned Strength 118 339 311 137 144 35 63 13 40 27 Working 1034 110 466 161 CHAPTER Working Strength* Working Strength 119 259 300 136 124 34 62 12 37 25 13 185

INFORMATION ON THE ADMINISTRATION OF JUSTICE 186 Supreme Court of Pakistan

Balochistan

Title Sanctioned Strength Working Strength District & Sessions Judges 32 28 Addl. District & Sessions Judges 42 32 Senior Civil Judges 15 15 Family Judge (Family Courts) 15 7 Civil Judges /Judicial Magistrates 125 92 Qazi 33 31 Special Judge,Anti-Terrorism Courts 9 -

Islamabad Capital Territory

Title Sanctioned Strength Working Strength District & Sessions Judges 15 11 Addl. District & Sessions Judges 30 15 Senior Civil Judges 06 06 Civil Judge-cum-Judicial Magistrate 50 47 Family Judges 02 0

13.3 Strength of Law Officers in the office of Attorney General for Pakistan

Designation Total Strength Working Strength

Attorney General for Pakistan 1 1 Additional Attorney General 8 7 Deputy Attorney General 40 37 Assistant Attorney General 97 94

13.4 Strength of Law Officers in the office of Advocates General

Khyber Designation Balochistan Punjab Sindh Islamabad Pakhtunkhwa Advocate General 1 1 1 1 1 Additional Advocate General 6 17 23 15 - Assistant Advocate General 5 15 45 26 - Advocate on Record - 1 - - - Balochistan Khyber Pakhtunkhwa Sindh Punjab 13.5 ANNUAL REPORT June2018 -May 2019 Prosecutor Designation Prosecutor Designation Regional Director Designation Additional Prosecutor Prosecutor Designation Deputy District Public Prosecutor Deputy District Public Prosecutor Additional Prosecutor Additional Prosecutor Deputy District Public Prosecutor Assistant District Public Prosecutor Assistant Prosecutor Deputy District Public Prosecutor Senior Public Prosecutor Deputy Deputy Deputy Assistant Prosecutor Assistant District Public Prosecutor Assistant Public Prosecutor Assistant District Public Prosecutor Prosecutor District Public Prosecutor Prosecutor Prosecutor District Public Prosecutor District Public Prosecutor Public Prosecutor (Prosecution) Prosecutor General /Director General Strength of Law Officers in the office of General General General General General General General General General General General Sanction Strength Sanction Strength Sanction Strength 406 222 829 26 01 01 07 14 52 05 26 88 33 62 41 63 79 1 CHAPTER Sanction Strength Working Strength Working Strength Working Strength 362 131 291 155 574 01 27 24 24 13 01 01 10 88 45 04 22 88 24 38 15 52 44 7 0 13 187

INFORMATION ON THE ADMINISTRATION OF JUSTICE 188 Supreme Court of Pakistan

13.6 Advocates on the rolls of the Supreme Court

Senior Advocates Advocates Advocates-on-Record Total

337 5078 258 5673

Advocates enrolled during the period from 01.06.2018 to 31-05-2019.

Senior Advocates Advocates Advocates-on-Record Total

- 179 6 185 13.7 Strength of Advocates enrolled with the Bar Councils:

Khyber Punjab Sindh Balochistan Islamabad Pakhtunkhwa

Bar council 75058 18817 7744 2555 2923

13.8 Affiliated Law Colleges with Universities

University Name Affiliated Colleges The University of Balochistan, 1. The University Law College, Quetta Quetta 2. City School of Law, Quetta 3. Zarghoon Law College, Quetta 4. Jhalawan Law College, Khuzdaar University of Turbat, Turbat 1. Faculty of Law, University Public Library complex near Commissioner House, Turbat , Jamshoro 1. Government Sindh Law College, Hosh Muhammad Sheedi Road, Hyderabad 2. Government Jinnah Law College, Doman Wah Road, Hyderabad 3. Pir Illahi Bux Law College, Dadu 4. Makhdoom Muhammad Zaman Talib ul Mola, Government Law College Hala 5. Mirpurkhas Law College, Mir Sher Muhammad Road Chandni Chowk, Mirpurkhas 6. Quaid-e-Azam Law College, APWA Girls High School Building, Kachahry Road, 7. Sukkur Institute of Science & Technology, Bundar Raod/Eid Gah Road, Sukkur 8. Indus College of Law, Bungalow No. 142/B, Near Public School (Girls Section), Latifabad No. 3, Hyderabad ANNUAL REPORT June2018 -May 2019 University University University Name of of Punjab, Lahore Swabi 5 Rawalpindi Law 25. Quaid-e-Azam law 24. The College of 23. Gabriel Law 22. 9 Global Law 19. Leads Law 18. School of 17. TOPPERS Law 16. 1 CIMSSchool of 21. Institute of 20. 5 Superior 15. National Law 14. The Institute of 13. 2 Pakistan College of 12. 11. Qaid-e-Azam Law 10. . East & 9. Farabee Law 8. ChenabLaw 7. . Gujrat Law 6. 5. The College of 4. . Muhammad 3. 5 City 35. Lahore Law 34. Punjab Law 33. 32. 31. . College of 2. 37. Jinnah Law 36. Allama Iqbal Law 30. . National Institute of 1. Department of 1. 9 Quaid-e-Azam Law 29. 28. 27. 26. Bahauddin Shahdara, Lahore Lahore Himayat-e-Islam Law College, 119Multan Road, Lahore Street #60,F-11/4, Islamabad Road, Gujranwala Premier Phase#2, Gujranwala Road, Faisalabad II, Lahore Sheikhupura Muhammadan Law College, Sharkpur Road, Link,Faisalabad Bypass Islam Law College, Pasrur Road, Shadab Law College, Nasir Road, Sialkot Muslim Law College, 89-A,Satellite Town, Rawalpindi The Best Law College, 74-A,Satellite Town, Rawalpindi Capital Law College, 313-A,Murree Road, Rawalpindi Law West Education System, Department of Law College of College, 124-Allam Iqbal Road, Garhi Shahu, Lahore Law, 74-B, Gulberg-III, Lahore College, 5-Tipu Block, New College, 2-KM, Law, 77-G, Gulberg-III, Lahore College, Main Sheikhupura Road, Near College, Near College, 3-KM, Road, Sheikhupura College, 22-CanalPark, Rana Shoukat Mehmood Road, Gulberg- College, Opp. Seven College, Ali College, Opp. DCO Colony, Gujranwala Road, Hafizabad College, Near College, 96-CMA College, 27-L,Gulberg-III, Lahore Law, 1-KM, Kanjrur Law, Near Peace &Conflict Resolution andLegal Studies Legal Studies, 15-Aziz College, D-31,6 Law, 74-Main Ferozpur Jinnah Law College, Silver College, 10-G,Link,Model College, Karmanwala Law, 46-A, Law, 173-Abubakar College, 5-Railway Legal Studies, CMHRoad, Marhi More, Law, P-358, Jalalpur Ketchery, Regional College, Sialkot Bypass Road, near Affiliated Colleges Jalalpur Kangniwala Bypass,

Jattan Road, Gujrat Tipu Block, New Colony, Star th Ways Restaurant, Phalia Road, Mandi Road, Satellite Town, Rawalpindi Amin

Road, Narowal Tax Office, G.T.Road, Gujranwala. Jattan Road, Gujrat Road, Behind Distt Garden Road, CivilLines,Sargodha Avenue, Canal Bank, Gulberg Road, Ichhra, Lahore Block, New Abid Majeed Road, Lahore. Town, Near Town, G.T.Road, Okara. Town, Lahore Town, Lahore Legal Studies, House Garden town, Lahore Adjacent CHAPTER

Al-Khan Hotel Begum Kashmir Garden town, Jail ,Sialkot Jamia Bridge, Canal Attock Green Arabia, G.T Lahore V, #18, Valley, Kot, 13

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INFORMATION ON THE ADMINISTRATION OF JUSTICE 190 Supreme Court of Pakistan

University Name Affiliated Colleges Shaheed 1. Govt. Shaheed Zulfiqar Ali Bhutto Law College, Memon Goth, Malir Karachi University, Lyari Karachi The University of Peshawar, 1. Abbott Law College, Mansehra Peshawar 2. Ayub Law College, Haripur 3. Frontier Law College, Peshawar 4. Islamia Law College, Peshawar 5. Jinnah Law College, Peshawar 6. Justice Law College, Abbotabad 7. Kohat Law College, Kohat 8. Law College, Mardan 9. Muslim Law College, Swat 10. Peshawar Law College, Peshawar 11. Quiad-e-Azam Institute of Legal Studies, Nowshera 12. Supreme Law College, Peshawar 13. Sawabi Law College, Swabi 14. Karakorum Law College, Gilgit 15. Edwardes College, Peshawar Gomal University, D.I, Khan 1. Frontier Law College, D.I.Khan 2. Danish Kada Law College, Outside Miryan Gate, Bannu 3. Luqman College of Law, Daraban Road, Near Zakarya Masjid, D.I. Khan International Islamic University, Faculty of Shariah & Law, IIUI Islamabad Shah Abdul Latif University, 1. Govt. Law College Khairpur, Distt. Khairpur Mirpurs Khairpur 2. Govt. A.B.D Law College, Sukkur, Distt Sukkar 3. Govt. Shaheed Benazir Bhutto Law College, 4. Law College Ghotki, Distt. Ghotki 5. Haji Moula Bux Soomro Law College, Shaikarpur 6. Sardar Noor Muhammad Khan Bejarni Law College, Kandhkot, Distt. Kashmore 7. Shah Abdul Latif University, Constituent Law College, Naushehro Feroze 8. Sain Dino Law College, Jacobabad 9. Al-Falah Law College Kashmore, Taluka Kashmore 10. Abdul Wahid Soomro Law College, Taluka Kashmore 11. Mirza Khan Law College, Pano Akil, Sukkur 12. Qazi Mian Ahmed Qureshi Law College, Moro Naushero Feroze 13. Bilawal Bhutto Zardari Law College, Jocobabad 14. Bilawal Bhutto Zardari Law College, Kamber, Distt. Kamber Shahdadkot 15. Faiz Muhammad Sahito Law College Kandiaro, Taluka Kandiaro, Distt. Naushero Feroze 16. Mashal Law College, Daharki, Taluka Ubauro, Gohtki ANNUAL REPORT June2018 -May 2019 Kashmir, Muzaffarabad University Bahawalpur, Bahawalpur Islamia University University University Name of of

Karachi, Karachi Azad of Jammu &

. Khan Muhammad College of 5. . AsianStar 4. Kashmir 3. . Kashmir 2. Ali Law 6. . Citi Law 1. Cambridge Law 18. Cornelius Law 17. Heritage International College, Gujranwala Road, Hafizabad 16. Premier 15. 14. 13. 12. The Brooks Law 11. 10. Zain Law 9. 8. 7. . Al-Umar 5. . Chishtian Law 4. . The Best College of 3. . Allam Iqbal Law 2. Jinnah Law 1. Govt. Islamia Law 2. Govt. S.M.Law 1. Sargodah Road, Gujranwala Gujrat Pakistan Muhammad Ali Law College, Lawyers ClubBuilding, Bhimber Road, Motorway Chowk, Islamabad Bahawalpure Bahawalpur Law College, 3-A, Tufail Shaheed Road, Model Town-A, Akbar, Bahawalpur Millat Law College, By Pass Road, Near Abbasia Chowk, Ahmad Pur East Narowal Law College, Zafawal Road, Narowal Jinnah Muslim Law College,93-95, Aabpara Market, Islamabad Bahawalpur Al-Mizan Institute of College, Law Law Law College, Rawalakot District, Poonch Law College Bhakkar, Drya KhanRoad, Bhakkar Law College, College, Near College, Muzaffarabad andEducation College, Distt. Mirpur, College, Circular College, College, Opposite Punjab College for College, Muzaffarabad College, Dr. Ziauddin Road, Karachi College, Spal Colony, G.T College, Goheer College, Faisal /Sajid Tahlli Mahatma, Raj Garh Road, Rahim College, Law Yazman Road, 10KM,Bahawalpur Legal Studies,Al-Mizan Complex, Gillani Johar 12/A, Kangniwala Bypass, Allama Shabbir Affiliated Colleges Education, Bhimber

Town, Chistian Road, Mubarak gate, Bahawalnagar Younis Shahed Road, Model Estate, Bahawalpur Awan Road,

Ahmed Road, Karachi Town, Near AJ&K Adjacent Wazirabad CHAPTER

AJ&K AJ&K Girls, Lahore road Yar Masjid Jamia Khan Town “A”, Avenue, Sadiq-e- Arabia, G.T 13

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INFORMATION ON THE ADMINISTRATION OF JUSTICE 192 Supreme Court of Pakistan

University Name Affiliated Colleges Bahauddin Zakaria University, 1. Supreme Law College, Gulgasht Colony, Multan Multan 2. Central Law College, 1-A, Bosan Road, Gulgasht, Multan 3. Multan Law College, Boasan Road, Multan 4. Allama Iqbal Law College, 131-D Shamsabad Colony, Multan 5. Muhammadan Law College, near District Courts, Multan 6. Noor Law College, Katchery Road, Multan 7. Leads Universal Law College, Civil Lines, Khanewal 8. Quaid-e-Azam Law College, 34-Wala Moar, Multan Road, 9. Muhammadan Law College, Stadium Road, Sahiwal 10. The Limit Law College, 06-Km Pakpattan Road, Sahiwal 11. Multan Law College, Fateh Sher Road, Sahiwal 12. Askari Law College, Burewala 13. LICCS Law College, College Road, Layyah 14. Indus Law College, Taunsa Road, Near P/S Sadar, Dera Ghazi Khan 15. Multan Law College, Dera Ghazi Khan 16. Ghazi Khan Law College, 421-Leghari Colony, Street Alflah Bank, Jampur Raod, Dera Ghazi Khan 17. Johar Law College, 71-C Farid Town, Sahiwal 18. Progressive Law College, Vehari 19. The Toppers Law College, Behind Osman CNG Station, Near Chungi No. 6, Bosan Road, Multan 20. Sir Syed Law College, Garden Town, Sher Shah Road, Multan 21. Justice Law College, Opp:DHQ Hospital, Pakpattan 22. Command Law College, 89-Liaquat Shaheed Road, Sahiwal 23. Pakistan Law College, St.No.3, Income Tax Officers Colony, Bosan Road, Multan 24. Shujabad Law College, 23-Meccca Town, Lodhran Road, Shujabad 25. Justice Law & education College, Sadat Colony, Near Zila Council, Muzaffargarh 26. Jinnah Law College, Near Pull Dat, Jampur Road, Dera Ghazi Khan 27. Pakistan Law College, Khayaban-e-Fareed, Pakpattan 28. Future Law College, Chowk Bypass, Bosan Road, Multan 29. Montgomery Law College, Gulshan Noor Colony, Opp. WAPDA Grid Station, G.T. Road, Sahiwal 30. Times Institute, 275-Shamasabad Colony, Multan 31. KAIMS International Law College, Northern Bypass, Model Town, Near Bosan Road, Multan 32. Justice Law & Education College, Near Ali Wala Chowk, Muzaffargarh Road, Multan. 33. Professional Law College, B-Block, Opp. Telephone Exchange, Gulgasht, Bosan Road, Multan 34. Merit Law College, Street No.1, Galaxy Town, Neel Kot, Bosan Road, Multan 35. Ayan Law College, Street No.4, Gulshan-e-Maher Colony, Multan 36. International Law College, Near Multan Cricket Stadium, Vehari Road, Multan 37. The Best Law College, Arifwala 38. South Punjab Law College, 1-A, Gulgasht East Colony, Multan. 13.9 Judicial Hierarchy ANNUAL REPORT June2018 -May 2019

Supreme Court of Pakistan

Shariat Appellate Bench of the Supreme Court CJ + 16 5(3SC+2FSC/Ullema)

Federal Shariat Court CJ + 7 (3 to be Ullema)

Lahore High Court High Court of Sindh High Court of Balochistan Peshawar High Court Islamabad High Court

District & Sessions Judge District & Sessions Judge District & Sessions Judge District & Sessions Judge District & Sessions Judge Administrative Courts Addl. District & Sessions Addl. District & Sessions Addl. District & Sessions Addl. District & Sessions Addl. District & Sessions & Tribunals Judge Judge Judge Judge Judge

CHAPTER

Senior Civil Judicial Senior Civil Judicial Senior Civil Judicial Senior Civil Judicial Senior Civil Judicial Judge Magistrate Judge Magistrate Judge Magistrate Judge Magistrate Judge Magistrate

Civil Judge Civil Judge Civil Judge Civil Judge Civil Judge

Member Majlis-e-Shura Qazi

13 193

INFORMATION ON THE ADMINISTRATION OF JUSTICE

194 Supreme CourtofPakistan

Court Room Branch Registry Peshawar 14 FORMER CHIEF JUSTICES, JUDGES AND REGISTRARS

CHAPTER 14

FORMER CHIEF JUSTICES, JUDGES AND REGISTRARS

Supreme Court of Pakistan ANNUAL REPORT June 2018 - May 2019 196 Supreme Court of Pakistan

FORMER CHIEF JUSTICES, JUDGES AND REGISTRARS

14.1 Former Chief Justices of Pakistan

Name of Chief Justice Tenure Mr. Justice Sir Abdul Rashid 01 27.06.1949 – 29.06.1954 (Chief Justice, Federal Court) Mr. Justice Muhammad Munir 02 30.06.1954 - 02.05.1960 (Chief Justice, Federal Court) 03 Mr. Justice 03.05.1960 - 12.05.1960 04 Mr. Justice A.R. Cornelius 13.05.1960 – 29.02.1968 05 Mr. Justice S.A. Rahman 01.03.1968 – 03.06.1968 06 Mr. Justice Fazle Akbar 04.06.1968 – 17.11.1968 07 Mr. Justice 18.11.1968 – 31.10.1975 08 Mr. Justice 01.11.1975 – 22.09.1977 09 Mr. Justice S. Anwarul Haq 26.09.1977 – 25.03.1981 10 Mr. Justice Muhammad Haleem 25.03.1981 – 31.12.1989 11 Mr. Justice 01.01.1990 – 18.04.1993 12 Mr. Justice Dr. Nasim Hasan Shah 17.04.1993 – 14.04.1994 13 Mr. Justice Sajjad Ali Shah 05.06.1994 – 02.12.1997 14 Mr. Justice Ajmal Mian 03.12.1997 – 30.06.1999 15 Mr. Justice Saiduzzaman Siddiqui 01.07.1999 – 26.01.2000 16 Mr. Justice 26.01.2000 – 06.01.2002 17 Mr. Justice Muhammad 07.01.2002 – 31.01.2002 18 Mr. Justice Sh. Riaz Ahmad 01.02.2002 – 31.12.2003 19 Mr. Justice 31.12.2003 – 29.06.2005 20 Mr. Justice Iftikhar Muhammad Chaudhry 30.06.2005 – 11.12.2013 21 Mr. Justice Tassaduq Hussain Jillani 12.12.2013 – 05.07.2014 22 Mr. Justice Nasir-ul-Mulk 06.07.2014 – 16.08.2015 23 Mr. Justice Jawwad S. Khawaja 17.08.2015 – 09.09.2015 24 Mr. Justice 10.09.2015 – 30.12.2016 25 Mr. Justice Mian Saqib Nisar 31.12.2016 – 17.01.2019 14.2 ANNUAL REPORT June2018 -May 2019 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 09 08 07 06 05 04 03 02 01 Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Name ofName Judge Mr.

Former Judges of the of Supreme Judges Court Former Justice Justice G.Safdar Justice Dr. Nasim Hassan Shah Justice Qaisar Justice Muhammad Haleem Justice Justice Malik Muhammad Justice Justice Muhammad Justice Muhammad Gul Justice S. Justice Salahuddin Justice Justice Mujibur Justice Justice Sajjad Justice Muhammad Justice Hamoodur Justice Badi-uz-Zaman Kaikaus Justice Fazle Justice Justice S.A.Rehman Justice M.Shahabuddin Justice Justice Muhammad Munir Justice Muhammad Sharif Justice Justice Aslam Riaz Hussain Abdul Kadir Abdus Sattar Amiruddin A.R. Cornelius Waheeduddin A.S.M. Abdul Rehman Anwarul Haq Akbar Khan Ahmad Akram Rahman Khan Shah Rahman Ahmad

Ahmad Shaikh Afzal Cheema Yaqub Jan Ahmad

Akram Ali Ad hoc Judgehoc Ad Ad hoc Judgehoc Ad Ad hoc Judgehoc Ad Acting Acting Acting Acting Acting Chief Justice Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Title Judge Judge Judge Judge

19.09.1978 –23.08.1988 10.10.1977 –16.10.1980 18.05.1977 –14.06.1979 14.06.1979 –16.04.1993 07.01.1977 –30.07.1978 26.03.1981 –22.03.1984 07.01.1977 –25.03.1981 07.01.1976 –25.03.1981 26.12.1975 –13.09.1979 01.07.1979 –24.03.1991 08.10.1974 –23.01.1975 08.10.1974 –31.12.1977 14.04.1973 –31.12.1976 16.10.1972 –22.09.1977 01.03.1971 –31.12.1976 04.12.1970 –28.02.1971 22.09.1969 –20.09.1974 23.05.1977 –06.02.1979 18.11.1968 –23.11.1971 04.06.1968 –28.02.1971 18.03.1968 –31.03.1973 04.01.1966 –31.10.1975 22.12.1960 –18.11.1968 25.07.1960 –03.01.1966 18.05.1960 –04.06.1968 12.03.1956 –21.12.1960 02.03.1955 –23.05.1955 02.04.1958 –01.03.1968 04.10.1953 –12.05.1960 06.02.1953 –07.06.1953 06.10.1952 –23.12.1952 10.10.1953 –12.05.1960 17.10.1952 –31.05.1953 22.11.1951 –09.06.1952 01.10.1951 –22.11.1951 13.04.1954 –01.04.1958 17.05.1950 –23.05.1950 15.02.1950 –27.02.1956 07.02.1950 –04.10.1953 CHAPTER Tenure 14 197

FORMER CHIEF JUSTICES, JUDGES AND REGISTRARS 198 Supreme Court of Pakistan

Name of Judge Title Tenure Acting Judge 27.04.1978 – 13.06.1979 29 Mr. Justice Karam Elahi Chauhan Judge 14.06.1979 – 04.02.1982 Ad hoc Judge 14.06.1979 – 29.07.1981 30 Mr. Justice Shafi-ur-Rahman Judge 31.07.1981 – 15.02.1994 31 Mr. Justice Maulvi Mustaq Hussain Acting Judge 02.06.1980 – 25.03.1981 32 Mr. Justice Fakhruddin G. Ebrahim Ad hoc Judge 17.06.1980 – 25.03.1981 33 Mr. Justice Shah Nawaz Khan Judge 05.04.1981 – 01.07.1982 34 Mr. Justice S.A. Nusrat Judge 04.08.1981 – 30.04.1989 35 Mr. Justice Zaffar Hussain Mirza Judge 04.08.1981 – 09.10.1991 Ad hoc Judge 30.07.1981 – 28.02.1982 36 Mr. Justice M.S.H Quraishi Acting Judge 01.03.1982 – 30.09.1985 Acting Judge 02.03.1982 – 17.12.1984 37 Mr. Justice Mian Burhanuddin Khan Ad hoc Judge 18.12.1984 – 17.12.1987 Acting Judge 17.04.1986 – 31.08.1988 38 Mr. Justice Ali Hussain Qazilbash Judge 01.09.1988 – 14.09.1991 39 Mr. Justice Dr. Javed Iqbal Judge 05.10.1986 – 04.10.1989 Ad hoc Judge 05.10.1986 – 24.03.1987 40 Mr. Justice Saad Saood Jan Judge 25.03.1987 – 30.06.1996 Judge 25.03.1987 – 27.03.1987 41 Mr. Justice Ghulam Mujaddid Mirza Acting CJ, LHC 28.03.1987 – 21.04.1988 Judge 27.04.1988 – 31.03.1990 Acting Judge 08.12.1987 – 31.08.1988 42 Mr. Justice Syed Usman Ali Shah Judge 01.09.1988 – 12.01.1991 43 Mr. Justice Naimuddin Judge 04.09.1988 – 09.11.1991 44 Mr. Justice Abdul Shakurul Salam Judge 13.12.1989 – 31.03.1993 45 Mr. Justice Muhammad Afzal Zullah Judge 16.06.1979 – 31.12.1989 Acting Judge 12.12.1989 – 08.10.1990 46 Mr. Justice Abdul Hafeez Memon Judge 15.04.1996 – 22.07.1997 47 Mr. Justice Abdul Qadeer Chaudhry Judge 13.12.1989 – 12.07.1994 48 Mr. Justice Ajmal Mian Judge 13.12.1989 – 02.12.1997 49 Mr. Justice Rustam S. Sidwa Judge 14.12.1989 – 31.08.1992 50 Mr. Justice Muhammad Afzal Lone Judge 13.08.1990 – 03.07.1993 51 Mr. Justice Sajjad Ali Shah Judge 05.11.1990 – 16.02.1998 52 Mr. Justice Judge 17.01.1991 – 01.11.1994 Ad hoc Judge 28.01.1991 – 28.04.1991 53 Mr. Justice Judge 18.04.1996 – 26.01.2000 54 Mr. Justice Saleem Akhter Judge 25.03.1991 – 22.03.1997 Acting Judge 28.10.1991 – 26.07.1993 55 Mr. Justice Wali Muhammad Khan Judge 27.07.1993 – 31.10.1994 56 Mr. Justice Saiduzzaman Siddiqui Judge 23.05.1992 – 30.06.1999 57 Mr. Justice Fazal Ilahi Khan Judge 03.04.1993 – 31.12.1997 ANNUAL REPORT June2018 -May 2019 84 83 82 81 80 79 77 78 76 75 74 73 72 71 69 70 67 68 65 66 64 63 62 61 60 59 58 Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Name ofName Judge Mr. Justice Syed Deedar Justice Mian Muhammad Justice Rashid Justice Rana Bhagwandas Justice Iftikhar Justice Nazim Hussain Siddiqui Justice Kamal Mansur Justice Qazi Muhammad Farooq Justice Justice Munir Justice Sh. Riaz Justice Ch.Muhammad Justice Justice Sh. Ijaz Nisar Justice Munawar Justice Khalil-ur-Rehman Khan Justice Raja Justice Mamoon Kazi Justice Mukhtar Justice Muhammad Bashir Justice Irshad Hasan Khan Justice Mir Justice Muhammad Ilyas Justice Muhammad Munir Justice Fazal Karim Justice Zia Mehmood Mirza Justice Manzoor Abdul Rehman Khan Wajihuddin Hazar Afrasiab Khan

A. Sheikh Muhammad Chaudhry Aziz Khan Ahmad

Hussain Sial Ahmed

KhanKhoso Ahmed Mirza Ahmed Hussian Shah

Alam Arif Junejo Ajmal Khan

Jehangiri Ad hoc Judgehoc Ad Ad hoc Judgehoc Ad Ad hoc Judgehoc Ad Ad hoc Judgehoc Ad Ad hoc Judgehoc Ad Ad hoc Judgehoc Ad Ad hoc Judgehoc Ad Acting Acting Acting Acting Acting Acting ActingJudge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Judge Title Judge Judge Judge Judge Judge Judge 30.05.1995 –19.06-1995 28.04.2000 –10.12.2004 28.04.2000 –14.08.2004 04.02.2000 –06.07.2001 04.02.2000 –14.12.2007 04.02.2000 –29.06.2005 04.02.2000 –31.12.2003 04.02.2000 –31.12.2003 05.05.1998 –26.01.2000 22.04.1999 –26.01.2000 04.11.1997 –31.12.2003 04.11.1997 –31.01.2002 04.11.1997 –09.01.2002 04.11.1997 –05.09.2001 29.05.1997 –14.06.2000 17.12.1996 –26.01.2000 22.02.1995 –14.04.1996 04.11.1997 –26.01.2000 17.11.1996 –24.11.1999 22.02.1995 –29.03.1996 30.03.1996 –06.01.2002 22.02.1995 –30.03.1996 31.03.1996 –14.01.2000 19.10.1994 –29.05.1995 15.04.1996 –25.01.2000 31.03.1996 –19.02.1998 22.02.1995 –30.03.1996 19.07.1994 –29.09.1994 30.09.1994 –29.09.1996 19.06.1995 –30.09.1996 15.06.1994 –26.06.1994 15.06.1994 –06.08.1994 07.08.1994 –06.08.1996 19.10.1994 –31.07.1996 07.06.1994 –18.10.1994 19.10.1994 –20.04.1997 07.06.1994 –18.10.1994 26.05.1993 –04.09.1993 05.09.1993 –24.03.1996 19.10.1994 -21.02.1995 CHAPTER Tenure 14 199

FORMER CHIEF JUSTICES, JUDGES AND REGISTRARS 200 Supreme Court of Pakistan

Name of Judge Title Tenure Judge 28.04.2000 – 13.09.2005 85 Mr. Justice Hamid Ali Mirza Ad hoc Judge 14.09.2005 – 13.09.2007 86 Mr. Justice Judge 28.04.2000 – 21.03.2009 87 Mr. Justice Javed Iqbal Judge 28.04.2000 – 31.07.2011 88 Mr. Justice Tanvir Ahmed Khan Judge 27.09.2000 – 16.01.2004 89 Mr. Justice Judge 10.01.2002 – 06.06.2008 90 Mr. Justice Faqir Muhammad Khokhar Judge 10.01.2002 – 08.08.2009 Judge 10.01.2002 – 12.01.2010 91 Mr. Justice Khalil-ur-Rehman Ramday Ad hoc Judge 18.02.2010 – 17.02.2011 92 Mr. Justice Judge 10.01.2002 – 09.02.2010 Ad hoc Judge 07.09.2002 – 31.12.2003 93 Mr. Justice Karamat Nazir Bhandari Ad hoc Judge 14.09.2005 – 13.09.2006 94 Mr. Justice Judge 07.09.2002 – 21.09.2008 95 Mr. Justice Moin-ud-Din Javed Buttar Judge 31.07.2004 – 08.08.2009 96 Mr. Justice Mian Shakirullah Jan Judge 31.07.2004 – 17.08.2012 97 Mr. Justice Tassaduq Hussain Jillani,. Judge 31.07.2004 – 11.12.2013 98 Mr. Justice Saiyed Saeed Ashhad Judge 05.04.2005 – 07.10.2008 99 Mr. Justice Nasir-ul-Mulk Judge 05.04.2005 – 05.07.2014 100 Mr. Justice Syed Jamshed Ali Judge 14.09.2005 – 30.09.2008 101 Mr. Justice Ch. Ijaz Ahmed Judge 14.09.2005 – 04.05.2010 102 Mr. Justice Raja Fayyaz Ahmed Judge 14.09.2005 – 31.05.2011 Judge 14.09.2006 – 19.10.2009 103 Mr. Justice Ghulam Rabbani Ad hoc Judge 20.10.2009 – 19.10.2011 104 Mr. Justice Sayed Zahid Hussain Judge 14.04.2009 – 28.02.2011 105 Mr. Justice Mahmood Akhtar Shahid Siddiqui Judge 14.04.2009 – 13.10.2011 106 Mr. Justice Muhammad Sair Ali Judge 14.04.2009 – 11.12.2011 107 Mr. Justice Jawwad S. Khawaja Judge 05.06.2009 – 16.08.2015 108 Mr. Justice Anwar Zaheer Jamali Judge 03.08.2009 – 09.09.2015 Judge 05.09.2009 – 12.04.2014 109 Mr. Justice Khilji Arif Hussain Ad hoc Judge 14.12.2015 – 13.12.2016 110 Mr. Justice Rahmat Hussain Jafferi Judge 07.09.2009 – 21.11.2010 Judge 20.10.2009 – 14.02.2013 111 Mr. Justice Tariq Parvez Ad hoc Judge 13.12.2015 – 13.12.2016 112 Mr. Justice Mian Saqib Nisar Judge 18.02.2010 – 30.12.2016 113 Mr. Justice Sarmad Jalal Osmany Judge 14.02.2011 – 12.10.2015 114 Mr. Justice Amir Hani Muslim Judge 14.02.2011 – 31.03.2017 115 Mr. Justice Muhammad Ather Saeed Judge 17.11.2011 - 28.09.2014 116 Mr. Justice Ijaz Ahmed Chaudhry Judge 17.11.2011 – 14.12.2015 117 Mr. Justice Ejaz Afzal Khan Judge 17.11.2011 – 07.05.2018 118 Mr. Justice Iqbal Judge 25.02.2013 – 23.10.2016 119 Mr. Justice Dost Muhammad Khan Judge 31.01.2014 – 19.03.2018 14.3 ANNUAL REPORT June2018 -May 2019 09 08 07 06 05 04 03 02 19 18 17 16 15 14 13 12 11 10 01 Former Registrars of the Supreme Court Mr. M. Mr. Mohammad Zakaullah (Additional Charge) Mr. Mr. M.A Mr. S.A Mr. Sajjad Ali Shah Mr. Hidayat Hussain Mr. Mr.MuhammadArif Arbab Syed Dr. Faqir Raja Lehrasab Khan Ms. Sara Saeed (Acting Charge) Dr. Faqir Muhammad Dr. Faqir Mr. Budha Khan Mr. M. A Farooqi Mr. Name of Registrar Ashiq Hussain (Current Charge) A.S Faizul Islam Chaudhry A. Tahir A. Mirza A Nizami Latif Hussain Hussain Hussain Latif Shahbaz Ali (Acting Charge)

01.11.1980 –09.01.1995 06.10.1996 –07.01.1998 10.01.1995 –05.10.1996 10.08.1978 –31.10.1980 10.06.1977 –09.08.1978 31.03.1973 –09.06.1977 11.01.1971 –17.07.1972 16.05.1951 –10.07.1970 25.03.2014 –26.01.2016 22.03.2009 –24.03.2014 22.11.2007 –21.03.2009 03.11.2007 –21.11.2007 20.07.2007 –03.11.2007 09.03.2007 –20.07.2007 01.07.2005 –09.03.2007 22.02.2005 –01.07.2005 08.07.1999 –21.02.2005 08.01.1998 –07.07.1999 CHAPTER 26.01.2016 – To date Tenure 14 201

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