Annual Report 2015–2016
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SUPREME COURT OF PAKISTAN ANNUAL REPORT June 2015 - May 2016 ANNUAL REPORT June 2015 - May 2016 Supreme Court of Pakistan ANNUAL REPORT June 2015 - May 2016 Supreme Court of Pakistan Constitution Avenue, Islamabad Ph: 051-9220581-600 Fa x: 051-9215306 E-mail: [email protected] Web: www.supremecourt.gov.pk Branch Registry Lahore Nabha Road. Ph: 042-99212401-4 Fax: 042-99212406 Branch Registry Karachi MR Kiyani Road. Ph: 021-99212306-8 Fax: 021-99212305 Branch Registry Peshawar Khyber Road. Ph: 091-9213601-5 Fax: 091-9213599 Branch Registry Quetta High Court of Balochistan Building Quetta. Ph: 081-9201365 Fax: 081-9202244 Published by: Supreme Court of Pakistan Compiled & edited by: Khawaja Daud Ahmad, Additional Registrar (Administration) Saleem Ahmad, Librarian, Supreme Court of Pakistan ii Supreme Court of Pakistan ANNUAL REPORT June 2015 - May 2016 CONTENTS 1. Foreword by the Chief Justice of Pakistan 1 2. Registrar’s Report 2 3. Profile of the Chief Justice and Judges 5 3.1 Profile of the Chief Justice of Pakistan 6 3.2 Profile of Judges of the Supreme Court of Pakistan 7 3.3 Chief Justices & Judges Retired During June 2015 to 34 May 2016 4. Supreme Court of Pakistan 35 4.1 Introduction 36 4.2 Seat of Supreme Court 37 4.3 Branch Registries 37 4.4 Supreme Court Composition, June 2015 to May 2016 39 4.5 Jurisdiction of the Supreme Court 40 4.6 Procedure for the Appointment of Judges of the 42 Supreme Court of Pakistan 4.7 Judicial Commission of Pakistan 43 4.8 Composition of the Judicial Commission of Pakistan 45 4.9 Judicial Commission of Pakistan Rules, 2010 45 4.10 Oath of Office 46 4.11 The Supreme Judicial Council of Pakistan 47 4.12 Code of Conduct for Judges of the Supreme Court and 48 the High Courts 4.13 The Supreme Judicial Council Procedure of Inquiry, 50 2005 4.14 Supreme Judicial Council – Reference No. 205 and 215- 53 SJC of 2014 4.15 Role and Functions of the Chief Justice 53 5. Court Performance 55 5.1 Overview of Judicial Activities 56 5.2 Statement of Court Sessions from June 2015 to May 57 2016 5.3 Institution and Disposal of Cases from June 2015 to 62 May 2016 5.4 Pendency of cases 65 5.5 Institution and Disposal of Petitions & Appeals 65 5.6 Consolidated Statement of Cases 67 6. Statistical Data Analysis 69 6.1 Trend in Institution, Disposal and Pendency of Cases 70 from 2001 to 2015 6.2 Institution, Disposal and Pendency of Appeals in the 74 Supreme Court of Pakistan from 1950 to December, 2015 6.3 Institution, Disposal and Pendency of Petitions in the 76 Supreme Court of Pakistan from 1950 to December, 2015 iv Supreme Court of Pakistan ANNUAL REPORT June 2015 - May 2016 CONTENTS 6.4 Institution of Petitions and Appeals over the last six 78 decades 7. Human Rights Cell 79 7.1 Human Rights Cell 80 7.2 Institution, Disposal and Balance of Cases from June 81 2015 to May 2016 7.3 Expatriate Pakistanis’ Wing Institution & Disposal of 83 Cases from June 2015 to May 2016 7.4 Important Cases Decided by HRC 85 7.4.1 HRC No 10153-S/2015 85 7.4.2 HRC No. 16115-S/2015 85 7.4.3 HRC No.24409-S/2015 85 7.4.4 HRC No. 2389-S/2016 85 7.4.5 HRC No.21300-P/2015 85 7.4.6 HRC No 6641-E/2016 85 7.4.7 HRC No. 4008-P/2015 86 7.4.8 HRC No 19306-S/2015 86 7.4.9 HRC 22698-P/2015 86 7.4.10 HRC No 15019-P/2015 86 7.4.11 HRC NO. 26903-S/2015 86 7.4.12 HRC 10687-E/2014 86 7.4.13 HRC 13234-E/2014 86 7.4.14 HRC No. 18406-P/2014 87 7.4.15 HRC No. 25834-P/2014 87 7.4.16 HRC 5765-S/2016 87 8. Important Cases Decided by the Supreme Court 89 8.1 The State through Director Anti Narcotics Force, 90 Peshawar v. Rashm Ali Khan 8.2 Ali Muhammad and others v. Syed Bibi and others 91 8.3 Kareem Nawaz Khan v. The State 92 8.4 Federation of Pakistan v. Durrani Ceramics 93 8.5 District Bar Association, Rawalpindi v. Federation of 94 Pakistan 8.6 Lahore Development Authority v. Ms. Imrana Tiwana 96 8.7 Mumtaz Qadri v. The State 97 8.8 Dr. Zahid Javed v. Dr. Tahir Riaz Chaudhry 98 8.9 Muhammad Ashraf Baig v. NESCOM 100 8.10 Province of Sindh through Chief Secretary and 8 others 101 v. Syed Kabir Bokhari 9. The Court and It’s Registries 103 9.1 Introduction 104 9.2 The Principal Seat at Islamabad 105 9.3 Branch Registry at Lahore 109 9.4 Branch Registry at Karachi 111 Supreme Court of Pakistan v ANNUAL REPORT June 2015 - May 2016 CONTENTS 9.5 Branch Registry at Peshawar 113 9.6 Information Technology Section 114 9.7 Record Weeding Section 114 9.8 Court Museum 115 9.9 Court Library 120 9.10 Allocated Budget & Expenditure of the Court. 122 9.11 Staff Welfare Fund 125 9.12 Beneficiaries of Al-Mizan oundationF Fund 126 9.13 Beneficiaries of Begum Qurrat-ul-Ain Ramday Welfare 126 Trust 9.14 Organizational Chart of the Court 127 10. Pictorial Presentation of Events 129 11. Activities of the Chief Justice of Pakistan and Judges 159 11.1 Federal Judicial Academy 160 11.2 Law and Justice Commission of Pakistan 162 11.3 Foreign Tours of the Chief Justice and Judges 167 11.4 Activities of the Chief Justice and Judges in the 168 Principal Seat and Branch Registries 11.5 Judges of the Supreme Court Nominated to Various 170 Committees, Tribunals and Academic Bodies 12. Supreme Court of Pakistan and the Media 171 13. Information on the Administration of Justice 207 13.1 Present Composition of the Federal Shariat Court and 208 High Courts 13.2 Sanctioned Strength of Judges in Subordinate Judiciary 211 13.3 Strength of Law Officers at the Office of Attorney 211 General for Pakistan 13.4 Strength of Law Officers at the Office of Advocate 212 Generals 13.5 Strength of Law Officers at the Office of Prosecutor 212 General / Director General (Prosecution) 13.6 Advocates on the Rolls of the Supreme Court 213 13.7 Strength of Advocates Enrolled with the Bar Councils 213 13.8 Affiliated Law Colleges with Universities 214 13.9 Judicial Hierarchy 217 14. Former Chief Justices, Judges and Registrars 219 14.1 Former Chief Justices of Pakistan 220 14.2 Former Judges of the Supreme Court 221 14.3 Former Registrars of the Supreme Court 224 vi Supreme Court of Pakistan ANNUAL REPORT June 2015 - May 2016 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 Tassaduq Hussain Jillani, Former Chief Justice of Pakistan Supreme Court of Pakistan vii Mr. Justice Anwar Zaheer Jamali Chief Justice of Pakistan ANNUAL REPORT June 2015 - May 2016 Foreword by the Chief Justice of Pakistan (In the name of Allah, the Most Beneficent, the Most Merciful) The publication of Annual Report by now is a number of Judges remained busy in conducting regular feature of the working of this Court. The proceedings of the Inquiry Commissions constituted Report furnishes essential information about the by the Government to resolve issues of great composition, jurisdiction, functioning of the Court national importance, in the meetings of the Judicial and its offices; mode of appointment of Judges and Commission for appointment of Judges as well as important decisions pronounced during the period in the proceedings of the Supreme Judicial Council under report, etc. It also exhibits the performance pertaining to complaints filed against the Judges of of the Court, through the statistical data, in a simple the Superior Courts. yet comprehensive manner and highlights the achievements made in the course of its working. During the period under report, two Hon’ble Chief Justices – Mr. Justice Nasir-ul-Mulk and Mr. Justice Almost every court system in any modern State is Jawwad S. Khawaja – laid down the robes on attaining confronted with the issue of heavy backlog of cases. the age of superannuation. Two of the Hon’ble Ours is no exception. It is a chronic problem, which Judges, namely, Mr. Justice Sarmad Jalal Osmani and continues to haunt the system of administration of Mr. Justice Ijaz Ahmed Chaudhry also laid down the justice. The issue is aggravated by an ever increasing robes. All of us greatly appreciate their legal acumen litigation. This calls for a concerted effort on the and the great services rendered by them to the cause part of all the stakeholders – the Judges, lawyers, of justice and the constitutionalism.