High Court of Balochistan Annual Report 2003

Published by LAW AND JUSTICE COMMISSION OF PAKISTAN

THIS PAGE BLANK High Court of Balochistan Annual Report 2003 c 2004 National Judicial (Policy Making) Committee This Annual Report is published by the Secretariat of the Law and Justice Commission of Pakistan

This report can be viewed at the Law and Justice Commission of Pakistan website http://www.ljcp.com.pk. Comments and suggestions may be sent to the Secretariat of the Law and Justice Commission of Pakistan, Supreme Court Building, Islamabad. Tel:051-9220483, 051-9214797 Fax: 051-9214416 email:[email protected]. Contents

1 FOREWORD BY THE CHIEF JUSTICE 1

2 HIGH COURT OF BALOCHISTAN AND ITS ORGANISATION 5 2.1 Short History of the High Court of Balochistan ...... 5 2.2 Jurisdiction, Functions, Benches and Organisation ...... 5 2.3 Working of MIT in the High Court of Balochistan ...... 6 2.3.1 Enabling rules/instructions ...... 6 2.3.2 Functions ...... 6 2.3.3 Structure ...... 7 2.3.4 Process ...... 7 A) Working of the Subordinate judiciary...... 7 B) Redressal of Public Grievances/Complaints...... 7 2.3.5 Public Information ...... 8 2.4 Law Oﬃcers ...... 9 2.5 High Court of Balochistan Composition 2003 ...... 10 2.5.1 The Chief Justice ...... 10 2.5.2 The Judges of the High Court of Balochistan ...... 10 2.5.3 Registrar ...... 10 2.6 Bio-data of Mr. Justice Raja Fayyaz Ahmad, Chief Justice High Court of Balochistan 12 2.7 Judges of the High Court of Balochistan ...... 13

3 SIGNIFICANT JUDGEMENTS OF THE COURT DURING THE YEAR 2003 17 3.1 Ghulam Akbar Lasi and others v. Returning Oﬃcer for NA-270 Awaran cum Lasbella at Uthal and others ...... 22 3.2 Nadia Mehreen v. Selection Committee for Admission to 1st year M.B.B.S. Bolan Medical College, Sessions 2002-2003 through Chairman Public Service Commission, Quetta and & 3 others ...... 27 3.3 Bashir Ahmed & 2 others v. Hussain ...... 37 3.4 Haji Bostan Ali v. The State ...... 45 3.5 Muhammad Aslam Shah v. Fida Muhammad & another ...... 48 3.6 Nawabzada Mir Balach Khan Marri through Attorney v. Appellate Election Tribunal, Balochistan through Registrar, Balochistan High Court & 2 others ...... 53

4 THE HIGH COURT OF BALOCHISTAN—ANNUAL JUDICIAL CONFERENCE 61

5 THE HIGH COURT OF BALOCHISTAN—JUDICIAL ACTIVITY 67 5.1 Consolidated Statement for High Court of Balochistan ...... 67 5.2 High Court of Balochistan, Principal Seat at Quetta: Statement Showing Category- wise Pendency, Institution and Disposal of Cases for the Year, 2003 ...... 68 5.3 High Court of Balochistan, Bench at Sibi: Statement Showing Category-wise Pen- dency, Institution and Disposal of Cases for the Year, 2003 ...... 69

i 6 THE SUBORDINATE JUDICIARY OF BALOCHISTAN—JUDICIAL ACTIVITY 73 6.1 Consolidated Statement for the Entire Subordinate Judiciary of Balochistan .... 73 6.2 Consolidated Statement for Sessions Courts Balochistan ...... 74 6.3 Consolidated Statement for Civil Judges, Judicial Magistrates and Qazis ...... 74 6.4 Statements Showing Category-wise Pendency, Institution and Disposal of Cases for the Subordinate Judiciary for the Year, 2003 ...... 75 6.5 District-wise Consolidated Statements for the Subordinate Judiciary ...... 81

7 DELAY REDUCTION AND PERFORMANCE INCENTIVES 89 7.1 Delay Reduction ...... 89 7.2 Judicial Statistics ...... 91 7.3 Judicial Performance Incentive ...... 92 7.4 Process Serving Establishment ...... 94

8 COURTS PROFESSIONALISATION PLAN 99 8.1 Courts Professionalisation Plan (2003-2005) ...... 99 8.2 Citizen-Court Liaison Plan ...... 101 8.3 Criminal Justice Coordination Committee ...... 102

9 SEPARATION OF THE CIVIL AND CRIMINAL COURTS: ACTION PLAN (2002-2003 to 2003-2005) 109

10 AUTOMATION PLAN 115

11 MANAGEMENT AND ADMINISTRATION 119 11.1 The Registrar High Court of Balochistan ...... 119 11.2 Oﬃcers of the Balochistan High Court ...... 120 11.3 Sanctioned Strength of the High Court ...... 121 11.4 Sanctioned Strength of the Sessions Courts: Under Head C-I ...... 122 11.5 Sanctioned Strength of the Subordinate Courts: Under Head C-II ...... 122 11.6 Judicial Oﬃcers Retired From 1994–2003 ...... 124 11.6.1 District and Sessions Judges ...... 124 11.6.2 Additional District & Sessions Judges ...... 124 11.6.3 Civil Judges ...... 124 11.6.4 Judicial Magistrates ...... 124 11.6.5 Members of Majlis-e-Shoora ...... 125 11.6.6 Qazis ...... 125 11.7 Process Serving Establishment ...... 126 11.8 Organisational Chart of the High Court ...... 126 11.9 Organisational Chart of the Provincial Judiciary ...... 127 11.10Organisational Chart of a Typical Sessions Division ...... 127 11.11Budgetary Statistics ...... 128

12 COURT BUILDING AND DEVELOPMENT SCHEMES 137 12.1 Court Building and Security Arrangements ...... 137 12.2 Facilities for Advocates and the Bar ...... 137 12.3 Development Schemes ...... 138

ii 12.4 Progress Report of Development Schemes Launched Under the Access to Justice Programme Loan ...... 139

13 FORMER CHIEF JUSTICES AND JUDGES OF THE HIGH COURT OF BALOCHISTAN 143

14 PHOTOGRAPHS 147

iii THIS PAGE BLANK

iv 1 FOREWORD

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

I am deeply satisfied in presenting the 3rd Annual Report of the Balochistan Judiciary, which embraces the performance of the worthy Judges of the High Court of Balochistan as well as the performance of the Subordinate Courts during the year 2003. The achievements and performance of the Judges speak loudly in figures as compared to the presentation in narrative text, yet the undaunted efforts of my brother Judges in the High Court and the Subordinate Courts represents a continuing success story that is the basis of genuine pride. These achievements appear to be remarkable when the problems of far flung locations of the Courts, the moderate or negligible facilities of Court houses and residential accommodation, and the frequent lack of proper transport are taken into account. The year under report found the number of Judges at the High Court of Balochistan to remain at six as compared to a sanctioned strength of eight. Thirty positions remained vacant in the subordinate judiciary as against a total strength of 155, thus, with the present strength of 125 Judges, as 9 are working against ex-cadre posts, every other Judge had to share the work load of some vacant position. During the period of present report, there has been a sizeable decrease in the number of cases instituted at the principal seat of the High Court of Balochistan, which were 7008 during the year 2002. this number decreased to 3562 during the year 2003. A total of 3974 cases were disposed of, thereby leaving a balance of 2319 cases to be disposed of with fresh institutions during the year 2004. At Sibi, the institution figure of 458 cases at the High Court Bench for the year 2002 has increased moderately to 490 during the year 2003. After disposal of 580 cases, 258 cases are left for disposal during the subsequent year. It is pertinent to clarify that one Judge out of the present strength of six Judges has been deputed on annual full time basis to the High Court Bench at Sibi, while another Judge joins him on each Saturday for disposal of Division Bench cases. Thus, the work both at the Principal Seat and at the Sibi Bench has been managed effectively. In addition to this, Judges have been assigned to work as Member Election Tribunal, Judge Customs, Labour Appellate Tribunal, and benches to deal with NAB, ATC and Banking cases. It is anticipated that with filling up of remaining two positions, the pendency figures would further decrease. According to the existing practice, the oldest cases are fixed at the top so that the old pendency is curtailed at a greater pace. Similar instructions have also been passed on to the subordinate judiciary to contain the number of old pending cases under a strict regimen of delay reduction. The consolidated figures for the subordinate judiciary of Balochistan show a slight increase in the number of case institution. This number of 21325 for the year 2002 increased to 21729 during the year 2003. After disposal of 21259 cases during the period under report, a total of 5605 cases remained to be disposed of during the next year. Accordingly, on an average, every Judicial Officer has slightly over 40 cases on file and none of the Judicial Officers has more than 250 cases at any one time during the whole year. consequently, the number of cases with each Judicial Officer is manageable and this fact also reflects the successful implementation of the delay reduction methodology. The methodology is coupled with strict monitoring by the Inspection Branch as well as measures of

High Court of Balochistan Annual Report 2003: 1 keeping a strong vigil on the performance of Subordinate Court Judges. A special proforma has been distributed whereby every Judge in the High Court, sitting in appeal, reports about the case handling, quality of the assessment of evidence and judgement writing skill of the Judges. This is placed on the personal file of respective Judicial Officer and is helpful in the preparation of his A.C.R. The performance of Accountability Courts, Banking Court, Court for offences under Banking Laws, Drug Court and Anti Terrorism Courts as well as of Presiding Officers of three Labour Courts have remained exemplary despite the fact that the District & Sessions Judges at Quetta, Sibi and Lasbella have to hold the additional charge of the later three Courts. It is also a matter of satisfaction that the construction of the Court of Additional Sessions Judge, Barkhan at Rakhni with residences in a Court Complex has been completed while the construction work of the Court of Judicial Magistrate and Qazi Court at Kohlu is nearing completion. Under the “Access to Justice Program,” three development schemes, that is, construction of residential accommodation at Hub, construction of additional rooms and first floor of the Sessions Court, Khuzdar, and construction of Court and residential accommodation for Judicial Magistrate and Civil Judge, Usta Muhammad have also been taken in hand. Under the revised budget allocation, the Court and residence of Judicial Magistrate, Sinjavi and Duki has been approved along with construction of Bungalow for Presiding Officer, Labour Court, Sibi to be started during the current financial year. Furthermore, the work towards the achievement of conditionalities under the Access to Justice Program has been followed strictly including the holding of meetings of Citizen Court Liaison Committees, Criminal Justice Coordination Committees and Bench Bar Committees formulated under the Chairmanship of all District & Sessions Judges. Thus, with the plan of work as broadly detailed in the comprehensive annual report for the year 2002 and included in the report for the current year, the work for the betterment of judiciary in general and for the benefit of litigant public in particular is being carried out on extensive basis and with the untiring efforts of the Judicial Officers. It is anticipated that the prime object of speedy and inexpensive justice will be achieved and the facility of seeking justice will also be available to all and sundry at their doorstep.

Raja Fayyaz Ahmed, Chief Justice, High Court of Balochistan, Quetta.

2 High Court of Balochistan Annual Report 2003 HIGH COURT OF BALOCHISTAN AND ITS ORGANISATION

High Court of Balochistan Annual Report 2003: 3 THIS PAGE BLANK

4 High Court of Balochistan Annual Report 2003 2 HIGH COURT OF BALOCHISTAN AND ITS ORGANISATION

2.1 Short History of the High Court of Balochistan The Balochistan High Court has entered into the 28th year of its inception, yet is the youngest as compared to the other High Courts of the country. At the birth of our homeland Pakistan there used to be a Judicial Commissioner in Balochistan prior to the establishment of the erstwhile High Court of West Pakistan on 14th October, 1955.However on its dissolution on 1st July, 1970, a joint High Court for the Provinces of Sindh and Balochistan was established, which remained as such upto 30th November, 1976, when separate High Court was established for each of the two Provinces. However, the High Court of Balochistan was established on 1st December, 1976 and Hon’ble Mr. Justice Mir Khuda Bakhsh Marri as Chief Justice while Mr. Justice M.A. Rasheed (now Vice Chancellor of the University of Balochistan) and Mr. Justice Zakaullah Lodhi (since died) were transferred to the new High Court at Quetta. During the first decade of its establishment, the strength of the High Court of Balochistan remained five, which was lateron enhanced to six and the present strength is eight, against which six Judges are in position and two posts of Judges are lying vacant. The High Court was initially established in the present day Sessions Court building, whereas on the construction of new building during the year 1993, the High Court was shifted to the present building inaugurated on 4th September, 1993. However, under a revised comprehensive plan for extension of the present building and to built a small replica of the same in the adjacent vicinity with connecting bridge, a PC-I has been got approved and the construction work to commence during the year 2004. The additional building will provide room for record keeping in the basement and for parking of vehicles, while it will also house the offices of officers and staff of the High Court as the present building cannot cope with the ever growing need of office space. The extension of the building will facilitate the functioning of the Judicial Branch in a more congenial manner, which at present is log-jammed with piles of files and too many staff to sit-in comfortably.

2.2 Jurisdiction, Functions, Benches and Organisation The High Court of Balochistan being the highest Court of the province in relation to all types of civil and criminal matters, having appellate and revisional jurisdiction as well as under the Constitution of the Islamic Republic of Pakistan, it deals with matters under its writ jurisdiction. The High Court having its principal seat at Quetta, whereas a Bench comprising of a Judge, while another Judge joins him from principal seat in rotation for Division Bench cases on each Saturday; is functioning at Sibi comprising of civil Divisions of Sibi and Nasirabad. The High Court being the highest forum for all intent and purposes of law, also has supervisory function of the administration and superintendence of the subordinate courts in Balochistan. There are three types of subordinate Civil Courts; (i) Courts exercising jurisdiction under the Civil Courts Ordinance, 1962 i.e., District Judge, Additional District Judge, Senior Civil Judge and Civil Judges of Ist, 2nd and 3rd Class; (ii) Qazi Courts with its appellate forum to be Majlis-e-Shura under Dastur-ul-Amal Diwani Kalat, 1952; and (iii) Qazi Courts functioning under the Balochistan Civil Disputes (Shariat Application) Regulation 1976 in tribal areas of Balochistan, having appellate forum as Majlis-e-Shura. On criminal side, all the subordinate Courts i.e. Sessions Judge, Additional Sessions Judge and Judicial Magistrate are established under the Criminal Procedure Code, 1898. The composition and organization chart of the High Court of Balochistan as well as of subordinate Courts have been annexed for convenience

High Court of Balochistan Annual Report 2003: 5 and ready reference. The Administrative structure of the High Court has also been annexed for a quick overview. In addition to the above, there are Special Courts and Tribunals including Banking Court; Drug Court; Anti Terrorism Courts; Accountability Courts; Special Court (Oﬀences in respect of Banks); as well as Service Tribunal; Election tribunal in the High Court are functioning in the province under the administrative control of the High Court of Balochistan. The High Court in the superintendence capacity ensures that appropriate buildings, staﬀ and recurring funds are made available to each Court while the functioning and performance of each Court is strictly monitored to ensure smooth functioning and to get redressal of the grievance of the general public at a quicker pace with least of botheration.

2.3 Working of MIT in the High Court of Balochistan In order to fulﬁl the supervisory and inspection functions required of the superior judiciary, a detailed mechanism has been evolved at the Balochistan High Court under the overall supervision and guidance of the Chief Justice High Court of Balochistan. The working of the Inspection Branch at the High Court of Balochistan is detailed below:

2.3.1 Enabling rules/instructions The Inspection Branch works in the light of instructions issued from time to time by the Chief Justice of the High Court. The broader framework for its working is also governed by the guidelines contained in the relevant portions of the “High Court Rules and Orders.”

2.3.2 Functions The following speciﬁc functions are being performed by the Inspection Branch of Balochistan High Court.

• Monitoring and Evaluation of the progress/performance of each subordinate court on monthly basis.

• Redressal of public grievances against the subordinate judiciary.

• Redressal of public grievances against the public functionaries from government departments.

• Issuance of necessary instructions (whenever required) to the subordinate judiciary for speed- ing up the disposal of judicial work.

• Receipt and compilation of judicial statistics from the subordinate judiciary.

• Receipt of judgements from the Sessions Judges for perusal.

• Transfer of cases on the directions of the Chief Justice, High Court of Balochistan.

• Receipt and evaluation of the details about the under trial/convicted prisoners from the prison authorities.

• Conduct of surprise visits/ Inspection of Prisons etc for helping illegal detainees.

6 High Court of Balochistan Annual Report 2003 2.3.3 Structure The Inspection Branch at Balochistan High Court functions under the overall supervision of the Chief Justice of the High Court. The Chief Justice is personally looking after the relevant inspection matters in respect of the Quetta (defunct) civil division. The remaining Civil Divisions (defunct) have been assigned to two other Judges of the Balochistan High Court for similar purposes. The inspection functions are assisted and coordinated (on full time basis) by the District & Sessions Judge (Inspection) who , in turn, is assisted by the Deputy Registrar. There is a fully staﬀed full time Inspection Branch that provides oﬃce and secretarial support for all the abovementioned functions.

2.3.4 Process Following is an outline of the procedures for the functioning of the Inspection Branch.

A) Working of the Subordinate judiciary. All subordinated Courts send monthly returns showing the disposal and pendency figures in respect of the relevant courts. These returns are received from the District and Sessions judges, Additional District and Sessions judges, Majalis- e-Shoora, Civil Judges, Qazis and the judicial Magistrates. These returns and figures for disposal are thoroughly scrutinised by the Inspection Branch. There is a minimum limit for units, which all Presiding Officers are required to earn on monthly basis. In case, the units earned are below the minimum requirement, the necessary steps to redeem the situation are undertaken by the relevant Judges. Similarly, an up to the mark performance by the presiding officers is appreciated in an appropriate manner.

B) Redressal of Public Grievances/Complaints. There is a comprehensive mechanism for attending to and redressing the complaints received form the common public. The Chief Justice of the High Court directly supervises the process. These complaints may be against the conduct of a member of the subordinate judiciary or against the high handedness of any public functionary. All correspondence in this regard is personally perused/inspected by the Chief Justice of the High Court for issuing instructions as deem necessary. All complaints are properly entered in the “Complaint Register,” maintained in the office of Complaint Section. The complaints so received are sent to relevant quarters for remedial measures. A proper follow up of the complaints, in the light of the instructions of the Chief Justice is ensured. The District and Sessions Judge (Inspection) constantly monitors the progress and the outcome of this system. In addition to the above, the complaints sent through post by the general public consisting of allegations against Government functionaries, local representatives, police, staff of subordinate judiciary or Judicial Officers, are taken upon personally by the Hon’ble Chief Justice. The directions for the resolution of grievances are issued promptly to the concerned while certain matters requires thorough probe or inquiry, which is get done through the concerned District and Sessions Judge or a Judge of the High Court and the delinquents are taken to task, and matters are pursued till the grievance is resolved to the hilt. Further, on matters of public importance, the complaints are converted into suo-motu reference and taken up and disposed of expeditiously in the High Court, resulting into immediate and inexpensive relief to the needy and oppressed. This initiative on the part of Hon’ble Chief Justice, has resulted into redressal of scores of grievances of the general public in matters of days, for which, otherwise, they have to seek remedy running from pillar to post for months, without any tangible result.

High Court of Balochistan Annual Report 2003: 7 2.3.5 Public Information The litigants and common public are encouraged to approach the High Court of Balochistan for the redressal of their grievances against the Subordinate Judiciary as well as other public functionaries. The Inspection Branch of the High Court of Balochistan has received a little over 100 complaints over the last eleven months from public. However, the following additional measures are being considered for implementation to inform litigants and the public about the usefulness of the Inspection Wing of the High Court. The purpose is to encourage people to approach the Superior Judiciary for the redressal of injustices and high handedness committed against them.

• The outline of the functioning of the Inspection Branch is being displayed on the Notice Boards in the court premises to enable the people to know about the redressal mechanism for their genuine grievances.

• All District and Sessions Judges are being asked to display similar information prominently in the respective district court complexes for the information of the litigants.

The High Court of Balochistan is also taking necessary steps to finalise the practices of the Inspection Branch in the form of well-defined rules. It may be added, however, that the functioning of the Inspection Branch at present is also well organised, streamlined and appropriate for the specific conditions of the province. It is also pertinent to mention here that as a regular feature, necessary directions, orders, advice and instructions etc., are issued relating to the Court functioning and conveyed to all the subordinate Judicial Officers for improvement of their working capacity and to keep them abreast of the latest changes in law/rules for their guidance, under the functions of the office of Sessions Judge (Inspection). A typical format of one such letter is reproduced below for significance:

To: All the District & Sessions Judges In Balochistan.

SUB: MAINTENANCE OF RECORD IN CIVIL/CRIMINAL CASES

It has been observed that in most of the civil cases, the record is not maintained properly by the Presiding Oﬃcers of the Civil Courts as per instructions contained in High Court (Rules and Orders). I am, therefore to convey that the Hon’ble Chief Justice has directed that the following instructions must be adhered to while maintaining record in the civil cases:

1. The documents filed by the plaintiff with plaint or otherwise be kept separately in an envelope and an index containing details of each and every document be placed on record with signatures of the Presiding Officer and detail of documents be also written on the envelope. likewise similar set be prepared for documents filed and relied upon by the other party. 2. The documents produced in evidence be immediately marked/exhibited in red ink and signed by the Presiding Officer with date and be kept in a separate envelope consisting details of documents and these envelopes should separately be prepared for each party, so that at any time the exhibits could be inspected without difficulty. 3. It has also been observed that on appearance of officials like Qanoongo, Patwari or representative of a department, the documents produced are marked and kept on record and a simple sentence in his evidence portion is written that ”the witness has produced summoned record and after inspection Ex. P/1-A to Ex: P/1-G are placed on record.” However no mention is

8 High Court of Balochistan Annual Report 2003 made in the statement of witness separately for each document and from evidence portion it cannot be ascertained as to what type of documents were produced by the witness. Thus for each document presented in evidence, complete details recorded to avoid any confusion at a later stage. 4. Also each exhibited document should contain exhibit/mark number with date and signed conspicuously so that the same be recognized promptly from evidence, while all exhibited documents be kept in tidy condition sequentially. 5. While forwarding record to the superior forum in appeal etc, the record of each ﬁle should be numbered and proper indexing be made, so that particular information/documents be retrieved from the respective portion. 6. Similar formalities must also be observed while maintaining the record in criminal cases; wherein exhibits are to be numbered serially and annexed to the statement of each witness respectively.

The aforementioned instructions must be strictly adhered to and be brought to the notice of all subordinate Courts for compliance. Also in case of any discrepancy found in the record, the concerned Presiding Oﬃcer will be personally held responsible and would be subjected to disciplinary action.

Sd. REGISTRAR

2.4 Law Officers The Deputy Attorney General, being Law Officer, represents the Federal Government, whereas Ad- vocate General, Additional Advocate General and Assistant Advocate General, represents provincial government of Balochistan before the High Court of Balochistan and the Honourable Apex Court of Pakistan. In subordinate Courts, District Attorneys and Assistant District Attorneys represents the civil cases against the provincial government departments, while in all criminal cases, the said attorneys do represent the State cases and in some other cases, Special Public Prosecutors are assigned with brief of cases where it deem necessary by the government. Except for the Deputy Attorney general, all the other law officers are functioning under the administrative control of the Provincial Law Department, Balochistan. Also under a phased programme, the office and residential facilities are being constructed under the auspices of the Access to Justice Programme funding.

High Court of Balochistan Annual Report 2003: 9 2.5 High Court of Balochistan Composition 2003

2.5.1 The Chief Justice

Mr.JusticeRajaFayyazAhmad 28.04.2000

2.5.2 The Judges of the High Court of Balochistan

Mr. Justice Amanullah Khan 27.01.1997 Mr. Justice Fazal-ur-Rahman 21.06.1999 Mr. Justice Ahmed Khan Lashari 06.09.2000 Mr. Justice Akhter Zaman Malghani 05.09.2002 Mr. Justice Muhammad Nadir Khan 05.09.2002

2.5.3 Registrar

Dr. Abdur Rehman Brahui 09.05.1997

10 High Court of Balochistan Annual Report 2003 Chief Justice High Court of Balochistan 2.6 Bio-data of Mr. Justice Raja Fayyaz Ahmad, Chief Justice High Court of Balochistan

• Born at Quetta on 1st June, 1946; • Received his early education at Government Sandeman High School Quetta; • Passed the Intermediate Examination from Board of Intermediate & Secondary Education Punjab; • Graduated from Government College Quetta. • Obtained the LL.B. Degree from University Law College, Punjab University, Lahore; • Enrolled as an Advocate in the year 1968 with the West Pakistan Bar Council and started practising law at Quetta; • Honorary lecturer from 1986 to 1989 at the University Law College Quetta, and also for the Session of 1995; • Appointed as Legal Advisor to the Quetta Municipal Corporation from June, 1980 to April, 1985, and for the second term from July, 1987 to February, 1990; • Elected twice as Joint Secretary and General Secretary of the Balochistan Bar Association; • Elected un-opposed as President of the Balochistan Bar Association in the year 1992-93; • Elevated to the Bench in the month of January, 1997; • Appointed as Chief Justice of the High Court of Balochistan on 25th April, 2000; • Took oath of the Oﬃce of Chief Justice on 28th April, 2000.

12 High Court of Balochistan Annual Report 2003 2.7 Judges of the High Court of Balochistan Mr. Justice Amanullah Khan, Senior Puisne Judge

Born at Quetta on 7th August, 1954. Matriculated from Cantt. Public School, Quetta in the year 1970; Passed the Intermediate Examination in the year 1972, BA in the year 1974 and MA in the year 1976 from F.C. College, Lahore; Passed the LL.B. Examination from Punjab University in the year 1980; Joined the Bar in January, 1981; Remained Vice President of Balochis- tan Bar Association in 1988-89; Taught as honorary lecturer in University Law College, Quetta from 1989 to 1996; Remained President of Balochistan Bar Association in the year 1994-95; Elevated as Judge of the High Court of Balochistan in Febru- ary, 1997.

Mr. Justice Fazal-ur-Rahman Matriculated from Islamia High School, Quetta in the year 1963; Passed B.Com from Government College of Commerce and Eco- nomics Karachi in 1967; Passed the LL.B. Examination from the University of Karachi in the year 1969; Stood all round first in PPSI Course; Appointed as Presiding Officer Labour Court in the year of 1978 and worked as Presiding Officer/Additional District & Sessions Judge and then promoted as District & Sessions Judge on 20-12-1983; He remained Special Judge Anti- Corruption Balochistan; Worked as District & Sessions Judge at various stations in the Province of Balochistan from time to time; Has completed the Shariah Course from Shariah Academy International Islamic University Islamabad from 20-10-1982 to 20-01-1983; Passed the Seventh Advanced Course in Manage- ment conducted by NIPA Quetta; Appointed as Member Inquiry Committee by the Government of Balochistan in 1989 to look into the irregularities committed by MPAs; Appointed as member of Commission during the year 1992 to determine the new limits of Municipal Corporation Quetta; Remained Law Sec- retary, Government of Balochistan, for a period of more than two years; Elevated as Additional Judge to the High Court of Balochistan on 21-06-99; Appointed as permanent Judge of the said Court on 06-06-2000.

High Court of Balochistan Annual Report 2003: 13 Mr. Justice Ahmed Khan Lashari

Born at Quetta on 05-01-1954; Matriculated from Government Central High School Quetta in 1970; Passed Intermediate in 1972 from Intermediate and Secondary Education Board; Passed B.A in the year 1980 and M.A in English Literature in 1982 from University of Balochistan, Quetta; Passed the LL.B Examina- tion in 1982 from University Law College, Quetta; Enrolled as an Advocate on 23-05-1984 and as Advocate of the High Court on 27-05-1986; Remained as Advocate General of Balochistan with eﬀect from 12-04-1997 to 28-01-1998; Elevated as Addi- tional Judge of the High Court of Balochistan on 06-09-2000 and conﬁrmed on 06-09-2001.

Mr. Justice Akhter Zaman Malghani

Born at Loralai in a respectable Malghani Tribe on 10-02-1952; Passed B.A. and LL.B form Quetta and enrolled as Advocate of subordinate courts on 05-09-1979 and then as an Advocate of the High Court on 03-09-1996; Appointed Additional Advocate General Balochistan on 30-04-2001 and remained Honorary Lec- turer of University Law College Balochistan, during 1997-2000; Remained General Secretary of High Court Bar Association, for 1997-1999; Appointed as Prosecuting Sub Inspector in Feb, 1975 and promoted as Prosecuting Inspector in 1977 and then resigned in March, 1979; Appointed as Judge of High Court of Balochistan, on 05-09-2002.

Mr. Justice Muhammad Nadir Khan Born in a respectable tribe of Muhammad Zai Durrani on March, 2, 1956 at Quetta; Passed M.A English and LL.B from Uni- versity of Balochistan; Enrolled as an Advocate on December 21, 1980 and practised till November 5, 1986; Appointed as Additional District & Sessions Judge on November 6, 1986; Appointed as Director Incharge Wafaqi Secretariat Regional Oﬃce, Quetta from 14-12-1991 till 14-09-1983 and Registrar Balochistan High Court from 14-09-1994 till 09-05-1997 also Special Judge Anti-Corruption from 29-03-1994 till 09-05-1997; Remained Judge, Banking Court of Balochistan, Quetta from 09-05-1997 till 25-09-2001 and Judge Special Court (Oﬀences in respect of Banks) Balochistan, Quetta from 29-10-1997 till 04-09-2002; Also worked as Chairman, Drug Court Balochistan, Quetta from 07-10-1998 till 04-09-2002 and Judge, Accountabil- ity Court-II Balochistan, Quetta from 02-09-2002 till 04-09-2002; Appointed as Judge High Court of Balochistan, on 05-09-2002.

14 High Court of Balochistan Annual Report 2003 Signiﬁcant Judgements of the Court During 2003

High Court of Balochistan Annual Report 2003: 15 THIS PAGE BLANK

16 High Court of Balochistan Annual Report 2003 3 SIGNIFICANT JUDGEMENTS OF THE COURT DUR- ING THE YEAR 2003

A list of reported cases of the High Court of Balochistan is given below:—

1. PLD 2003 Quetta 1

Before Raja Fayyaz Ahmed, C.J., Akhtar Zaman Malghani & Muhammad Nadir Khan, JJ

Ghulam Akbar Lasi & others — Petitioners Versus Returning Oﬃcer for NA-270, Awaran-Cum-Lasbella at Uthal & another — Respondents

Akhtar Zaman Malghani, J.

2. PLD 2003 Quetta 11

Before Fazal-ur-Rahman, J

Amanullah & others — Convict/Appellants Versus The State — Respondent

3. PLD 2003 Quetta 18

Before Raja Fayyaz Ahmed, C.J. & Akhtar Zaman Malghani, J

Khan Habbash Barakzai —- Petitioners Versus FG Degree College, Quetta & another — Respondents.

Akhtar Zaman Malghani, J.

4. PLD 2003 Quetta 22 Before Raja Fayyaz Ahmed, C.J.

Haji Bostan Ali — Applicant Versus The State —– Respondent

5. PLD 2003 Quetta 27 Before Raja Fayyaz Ahmed, C.J.

Muhammad Aslam Shah — Appellant Versus Fida Muhammad & another — Respondents

6. PLD 2003 Quetta 35 Before Raja Fayyaz Ahmed, C.J., Akhtar Zaman Malghani & Muhammad Nadir Khan, JJ

High Court of Balochistan Annual Report 2003: 17 Nawabzada Mir Balach Khan Marri through Attorney — Petitioner Versus Appellate Election Tribunal, Balochistan through Registrar, Balochistan High Court & 2 others — Respondents.

Akhtar Zaman Malghani, J.

7. PLD 2003 Quetta 42 Before Raja Fayyaz Ahmed, C.J., Akhtar Zaman Malghani & Muhammad Nadir Khan, JJ

Nawabzada Mir Balach Khan Marri through Attorney — Petitioner Versus Mir Mohabat Khan Marri & 4 others — Respondents

Akhtar Zaman Malghani, J.

8. PLD 2003 Quetta 53 Before Muhammad Nadir Khan, J

Mst. Raj Bibi — Petitioner Versus Mst. Shahzadi & 4 others — Respondents

9. PLD 2003 Quetta 60 Akhtar Zaman Malghani & Muhammad Nadir Khan, JJ

Bashir Ahmed — Appellant Versus The State — Respondent

Muhammad Nadir Khan, J.

10. PLD 2003 Quetta 68 Before Akhtar Zaman Malghani, J

Farukh Nawaz — Appellant Versus Faisal Ajmal & 2 others — Respondents

11. PLD 2003 Quetta 73 Before Raja Fayyaz Ahmed, C.J. & Akhtar Zaman Malghani, J

Baz Muhammad — Appellant Versus The State — Respondent

Akhtar Zaman Malghani, J.

12. PLD 2003 Quetta 77 Before Amanullah Khan Yasinzai & Fazal-ur-Rahman, JJ

18 High Court of Balochistan Annual Report 2003 Major(R)NadirAli— Appellant Versus The State — Respondent

Amanullah Khan, J.

13. PLD 2003 Quetta 83 Before Muhammad Nadir Khan, J

Arbab Muhammad Hashim Kasi & 4 others — Petitioner Versus Federation of Pakistan, Ministry of Law & Parliamentary Aﬀairs, Islamabad & 2 others — Respondents

14. PLD 2003 Quetta 88 Before Raja Fayyaz Ahmed, C.J. & Akhtar Zaman Malghani, J

Maulana Amir Zaman Bukhari — Petitioner Versus Election Commission of Pakistan & 9 others — Respondents

Raja Fayyaz Ahmed, CJ.

15. PLD 2003 Quetta 94 Before Raja Fayyaz Ahmed, C.J., Akhtar Zaman Malghani & Muhammad Nadir Khan, JJ

Muhammad Aslam Bhotani — Petitioner Versus Election Tribunal & 2 others — Respondents

Raja Fayyaz Ahmed, CJ.

16. PLD 2003 Quetta 109 Before Amanullah Khan & Fazal-ur-Rahman, JJ

Muhammad Ayub & others — Appellants Versus The State & others — Respondents

Amanullah Khan, J.

17. PLD 2003 Quetta 122 Before Fazal-ur-Rahman, J

Qaiser Khan — Appellant Versus The State — Respondent

18. PLD 2003 Quetta 128 Before Amanullah Khan, J

High Court of Balochistan Annual Report 2003: 19 Haji Baz Muhammad & another — Petitioners Versus Mst. Humera alias Shireen Taj & 3 others — Respondents

19. PLD 2003 Quetta 131 Before Amanullah Khan & Fazal-ur-Rahman, JJ

Mst. Farah Iqbal — Petitioners Versus Muhammad Anwar & 2 others — Respondents

Amanullah Khan, J.

20. PLD 2003 Quetta 136 Before Akhtar Zaman Malghani, J

Buzarg Jamil and others — Appellants Versus Haji Abdul Bari & others — Respondents

21. PLD 2003 Quetta 142 Before Amanullah Khan & Ahmed Khan Lashari, JJ

Mst. Shereen Gul — Appellant Versus Jameel Ahmed Paracha — Respondent

Amanullah Khan, J.

22. PLD 2003 Quetta 147 Before Muhammad Nadir Khan, J

Mukhtar Hussain — Appellant Versus Muhammad Ayub & 4 others — Respondents

23. PLD 2004 Quetta 1 Before Amanullah Khan & Fazal-ur-Rahman, JJ

Haji Bismillah — Petitioner Versus Government of Balochistan through Secretary, Home Department, Civil Secretariat, Quetta and 5 others — Respondents

Fazal-ur-Rahman, J

24. PLD 2004 Quetta 16 Before Ahmed Khan Lashari, Akhtar Zaman Malghani & Muhammad Nadir Khan Durrani, JJ

20 High Court of Balochistan Annual Report 2003 Aamir & others — Appellants Versus The State —–Respondent

Akhtar Zaman Malghani, J

25. PLD 2004 Quetta 31 Before Muhammad Nadir Khan Durrani, JJ

Muhammad Ashraf & 3 others — Appellants Versus The State — Respondent

26. PLD 2004 Quetta 39 Before Amanullah Khan & Ahmed Khan Lashari, JJ

The State — Appellant Versus Qadir Bakhsh and others — Respondents

Amanullah Khan, J

27. PLD 2004 Quetta 47 Before Raja Fayyaz Ahmed, C.J. & Akhtar Zaman Malghani, J

Nadia Mehreen — Appellant Versus Selection Committee for admission to 1st year M.B.B.S. Bolan Medical College, Sessions 2002-2003 through Chairman Public Service Commission, Quetta and & 3 others — Respondents

Raja Fayyaz Ahmed, C.J.

28. PLD 2004 Quetta 62 Before Raja Fayyaz Ahmed, C.J.

BashirAhmed&2others— Petitioners Versus Hussain — Respondent

High Court of Balochistan Annual Report 2003: 21 3.1 Ghulam Akbar Lasi and others v. Returning Oﬃcer for NA-270 Awaran cum Lasbella at Uthal and others JUDGMENT SHEET IN THE HIGH COURT OF BALOCHISTAN, QUETTA. Constitutional Petition Nos. 478, 479 and 480 of 2002. Decided on 19th September, 2002. Date of hearing: 16th September, 2002.

JUDGMENT Akhtar Zaman Malghani, J—By this judgment, we intend to dispose of constitution petition Nos.478, 479 and 480 of 2002 as these matters are directed against common judgment dated 12.09.2002, passed by the Election Tribunal Balochistan, Quetta in Election Petition Nos.1/2002, 2/2002 and 3/2002 filed by the petitioner involving identical question of law and facts. We do not consider it necessary to Marshall the facts of each case except mentioning that the petitioner filed his nomination papers for contesting election from NA-270 (Lasbella cum Awaran), PB-44 (Lasbella-I) and PB-45 (Lasbella-II) in the forthcoming election which were rejected at the time of scrutiny by the respective Returning Officers, on the ground that the petitioner had entered into plea of bargaining under NAB Ordinance, as such, he was debarred from contesting election. Being aggrieved by the said orders the petitioner preferred above mentioned Election Petitions before Election Tribunal Balochistan, as provided by section 14(5) of The Representation of the People Act, 1976 which were dismissed vide impugned judgment. We have heard learned Counsel for petitioner M/s Muhammad Aslam Chishti, Senior Advo- cate, Hadi Shakeel Ahmed Advocate and Deputy Attorney General assisted by learned Assistant Advocate General and Learned Deputy Prosecutor General (on Court notice). The edifice of arguments of Mr. Muhammad Aslam Chishti, Senior advocate was that the petitioner’s nomination papers were rejected by the respective Returning Officers on the basis of letter dated 9th February, 2002 wherein a list of 105 persons were provided, showing them disqualified under the NAB Ordinance, but Returning Officers failed to take note of the fact that said letter was cancelled by a subsequent letter dated 12.06.2002. According to him in the first letter the name of petitioner did appear at serial No.48 but by subsequent letter the number of disqualified persons were curtailed to 23 and the name of petitioner was not amongst those persons, as such, Returning Officer as well as Election Tribunal was wrong in coming to conclusion that petitioner was debarred from contesting election. It was further argued that petitioner was Federal Minister for Labour, Man Power and Overseas Pakistanis and he had nothing to do with Bela Builders to which the contract for construction of Labour Colony was awarded on higher rates and was, in fact, owned by his brother Abdul Sattar Lasi. He maintained that although; petitioner was arrested by NAB authorities and released under the order of Chairman but according to him, petitioner never entered into plea of bargain nor he filed any application to this effect. The amount was also not deposited by him but by Bela Builders owned by his brother. To further substantiate his arguments he invited our intention to copy of draft, Income Tax Return and application on behalf of Abdul Sattar Lasi for Pay Order against the cheque drawn by him. It was further argued that matter in hand involves depriving a citizen of right of franchise, therefore, Section-25 and 15 must be strictly construed and before debarring petitioner from taking part in election, it must be proved that he entered into plea of bargain himself and deposited the amount. He also referred to an affidavit purported to be sworn by Abdul Sattar Lasi and annexed with the petition and argued that petitioner had no concern with Bela Builder and the amount was

22 High Court of Balochistan Annual Report 2003 deposited by Abdul Sattar Lasi, Sole Proprietor of the said Firm, as such, the petitioner cannot be held responsible for the acts of his brother nor he can be debarred from contesting election by invoking provisions of Section 15 of the NAB Ordinance. On the point of jurisdiction learned counsel was of the view that this Court has the jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, to look into the legality and proprietary of the impugned judgment. He referred to judgment reported in 1994 SCMR 1299 (Ghulam Mustafa Jatoi case). Controverting the arguments advanced by petitioner’s counsel, learned Deputy Attorney General stated that under Article 63(L) of Constitution read with Article 8 D (2) (q) of The Conduct of General Elections Order, 2002 and 99 of The Representation of the People Act, 1976 a person is disqualified from contesting election if he is convicted or is disqualified from contesting election under any law for the time being in force. In support of his submissions he referred to proviso of section 15 of NAB Ordinance. Further advancing his case learned Deputy Attorney General referred to warrant of release dated 10.03.2002 issued by Chairman, National Accountability Bureau in respect of petitioner and another warrant of release dated 17.4.2002, issued in respect of co-accused Muhammad Naeem. He stressed that the petitioner was arrested under the charges of corruption and corrupt practices as defined in NAB Ordinance and released on plea of bargain, as such, the case of petitioner falls within the definition of Section 15 first proviso of NAB Ordinance. In addition, the learned Deputy Attorney General stated that the petitioner was also convicted in another Reference No.01/1997 by the Accountability Tribunal of this court on 25.08.1997, and his appeal against said conviction order is pending before Hon’ble Supreme Court. Although sentence awarded to him was suspended by the Hon’ble Supreme Court but even then he will be deemed to be a convicted person for the purpose of Article 63, Article 8D of Election Order, 2002 and Section 99 of The Representation of People Act, 1976. To substantiate his arguments he referred to Black’s Law Dictionary wherein “suspended sentence” has been defined as under:—

A conviction of a crime followed by a sentence that is given formally, but not actually served. A suspended sentence in criminal law means in eﬀect that defendant is not required at the time sentence is imposed to serve the sentence”.

Regarding jurisdiction learned Deputy Attorney General argued that under Article-225 of Con- stitution election disputes are immune from the jurisdiction of this Court. However, if any decision of the Election Tribunal is “coram non judice” then this Court has jurisdiction under Article-199 of the Constitution to look into the same. He referred to case law reported in PLD 1989 SC 396 + 1996 CLC 1772 + 1997 Quetta 115 and PLD 1999 Quetta-I. Learned Assistant Advocate General and Deputy Prosecutor General supported the arguments of Deputy Attorney General. They also referred to case Law reported in PLD 1993 SC 399 and 1990 SCMR 1309. It is pertinent to mention here that counsel appearing for parties were unanimous, in view of the rule laid down by the Hon’ble Supreme Court in judgment reported in 1994 SCMR 1299 that this Court has jurisdiction to interfere in the judgment of Election Tribunal if its order is without jurisdiction, coram non judice or based on malaﬁde, as such, we do not consider it necessary to dilate upon the point of jurisdiction. Coming to the merit of the case in hand it would be beneﬁcial to reproduce Section-25 and 15 of the NAB Ordinance:

15. Disqualification to contest elections (or to hold public office): a. Where an accused person is convicted for the offence of corruption or corrupt practices as specified in the Schedule to this Ordinance, he shall forthwith cease to hold public office, if any,

High Court of Balochistan Annual Report 2003: 23 held by him and further he shall stand disqualified for a period of ten years, to be reckoned from the date he is release after serving the sentence, for seeking or from being elected, chosen, appointed or nominated as a member or representative of any public body or any statutory or local authority or in service of Pakistan or of any province. Provided that any accused person who has availed the benefit of section 25 shall also be deemed to have been convicted for an offence under this Ordinance, and shall forthwith cease to hold public office, if any, held by him and further he shall stand disqualified for a period of ten years, to be reckoned from the date he has discharged his liabilities relating to the matter or transaction in issue, for seeking or from being elected, chosen, appointed or nominated as a member or representative of any public body or any statutory or local authority or in service of Pakistan or of any Province. 25. Voluntary return/pleas bargaining. Where at any time whether before or after the commencement of trial the holder of a public office or any other person accused of any offence under this Ordinance, returns to the NAB the assets or gains acquired through corruption or corrupt practices, i) If the trial has not commenced, the Chairman NAB may released the accused; and ii) If the Court has taken cognizance of the offence or the trial has commenced, the Chairman NAB may, with the approval of the Court, release the accused. Amendment of section 25, Ordinance XVIII of 1999 (i) for sub-section (a) the following shall be substituted, namely by National Accountability Bureau Ordinance, 2001 No.XXXV, dated 10th August, 2001:— (a) Where at any time whether before or after the commencement of trial the holder of a public offence or any other person accused of any offence under this Ordinance returns to the NAB the assets or gains acquired through corruption or corrupt practices, the Court or the Chairman Nab with the approval of the Court or the Appellate court, as the case may be, may release the accused, and ii) In sub-section (b), for the letters “etc” the words and commas “corporate body, co-operative society, statutory body or authority concerned” shall be substituted.) Plain reading of proviso to section 15 of the Ordinance reveals that any person who has availed benefit of Section 25 of the Ordinance, he will be deemed to have been convicted under the Ordinance and shall stand disqualified for a period of 10 years for seeking or from being elected, chosen, appointed or nominated as a member or representative of any public body or any statutory or Local authority. In order to examine the case of petitioner in the light of above proviso, we; would like to reproduce two warrants of Release issued by Chairman NAB on 10.03.2000 and 17.04.2000 respectively. WARRANT OF RELEASE. Section 25 of NAB Ordinance, 1999. To, INSPECTOR GENERAL OF POLICE, BALOCHISTAN.

WHEREAS Mr. Ghulam Akbar Lasi s/o Juma Khan r/o Mullah Ch. Anwar P.O & Tehsil Bela, District Lasbela was arrested on the allegation of committing the oﬀence of corruption/ corrupt practices, as deﬁned in the National Accountability Bureau. And whereas the above said accused person has voluntarily paid to the NAB, the assets or gains acquired through corruption and corrupt practices, vide Pay Order No. 0001667 dated 21.2.2000, of Prudential Commercial Bank Ltd, main Branch Karachi.

24 High Court of Balochistan Annual Report 2003 And whereas I have decided to release the accused from custody/detention in exercise of my powers under Section 25 of the NAB Ordinance, 1999 read with Section 9 (c ) and Section 15 of the Ordinance. Now, therefore, you are directed to release the said accused from custody/ detention forthwith, if not required in any other case.

Sd/ Chairman, National Accountability Bureau, Lt. Gen. Syed Muhammad Amjad). 10th March, 2000

WARRANT OF RELEASE. Section 25 of N.A.B Ordinance, 1999. To, Inspector General of Police, Balochistan. WHEREAS Mr. Ghulam Akbar Lasi S/O Juma Khan r/o Mullah Ch. Anwar P.O & Tehsil Bela, District Lasbela and his co-accused Muhammad Naeem Tareen S/O Abdul Samad Khan, Ex-Chief Engineer, Pak PWD, Quetta, r/o H. No. 514/56-A, Madrasa Road, Quetta Cantt were arrested on the allegation of committing the offence of corruption/corrupt practices as defined in the National Accountability Bureau Ordinance, 1999. AND WHEREAS Ghulam Akbar Lasi, Ex-Federal Minister and Abdul Sattar Lasi (Benefi- ciary and brother of Ex-Minister) obtained pecuniary advantage in collusion with Muhammad Naeem Tareen, their co-accused. Ghulam Akbar Lasi has voluntarily paid to the National Accountability Bureau, the assets or gains acquired through corruption and corrupt practices, vide Pay Order No. 0001667 dated 21.2.2000 of Prudential Commercial Bank Ltd, main Branch, Karachi. AND WHEREAS Muhammad Naeem Tareen has voluntarily paid to the National Account- ability Bureau Rs. 10 lac vide Pay Order No. 563255, dated 13.4.2000. AND WHEREAS I have decided to release the accused Muhammad Naeem Tareen from custody/detention in exercise of my powers under Section 25 of the N.A.B Ordinance, 1999, read with Section 9 ( c) and Section 15 of the Ordinance. Now, therefore, you are directed to release the said accused Muhammad Naeem Tareen.

Sd/ Chairman National Accountability Bureau, (Lt. Gen. Syed Muhammad Amjad). 17th April, 2000

The contents of these warrant leave no doubt in our mind that the petitioner was arrested under the charges of corruption and corrupt practices and was released from custody after gaining the benefit of plea of bargain as provided by Section-25 of the NAB Ordinance. The arguments of the learned counsel for petitioner that he had never entered into plea of bargaining have no substance in presence of above referred documents. It does not appeal to mind that a person has been arrested under specific charges and then released by taking benefit of an enabling provision; even then he can say that he is not beneficiary of the said Section. We also do not agree with arguments advanced by learned counsel that the amount was deposited by the brother of petitioner being proprietor of Bela

High Court of Balochistan Annual Report 2003: 25 Builders, as such, petitioner cannot be held responsible for that act. When a person is under custody it is natural that the amount would be deposited by any other person on his behalf, obviously he cannot deposit amount himself, therefore, the arguments that the Pay Order was not tendered by petitioner himself or for that matter amount was arranged by his brother, do not help the case of petitioner in any way. If he was not the beneﬁciary of the plea of bargaining, he could have challenged the same before any court of law or at least by making an application to Chairman NAB denying the plea of bargaining but he kept silent till the rejection of his nomination papers which shows his active acquiescence by conduct in the plea of bargaining. A person cannot be allowed to approbate and reprobate in the same breath. Now reverting to the question as to whether after entering into plea of bargaining and getting himself released in consequence thereof he is disqualiﬁed from contesting election or otherwise. The relevant provisions are reproduced hereunder:—

Article 63( p ) of the Constitution of Islamic Republic of Pakistan, 1973.

he is for the time being disqualified from being elected or chosen as a member of the Majlis- e-Shoora (Parliament ) or of a Provincial Assembly under any law for the time being in force. Section 99(lA)(l) of The Representation of People Act,1976. he is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect; or Article 8D(2)-q of The Conduct of General Elections Order, 2002. he is for the time being disqualified from being elected or chosen as a member of the Majlis- e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.

Above quoted provisions clearly provide that a person who has been disqualified from being elected under any law for the time being in force will be disqualified from contesting the elections. As the petitioner was disqualified by virtue of proviso to Section 15 of NAB Ordinance read with Section 25 of said Ordinance, therefore, we; are of the considered view that his nomination papers from all the three constituencies were rightly rejected by the respective Returning Officers. We find no jurisdictional defect in the decision of Election Tribunal whereby appeals filed by petitioner were dismissed. As regards the arguments of learned counsel that the nomination papers of petitioner were rejected on the basis of letter dated 09.02.2002, which was later on cancelled by another letter dated 12.6.2002, are concerned, it is suffice to observe that the petitioner was disqualified by virtue of Section-15 of NAB Ordinance, as such, it would not matter whether the said letter was cancelled or otherwise. Moreover, careful perusal of subsequent letter shows that it relates only to taking of loan, financial assistance etc from banks and has no bearing on the other disqualification, which a person has earned by virtue of NAB Ordinance. The said letter is reproduced hereunder:—

CHIEF EXECUTIVE’S SECRETARIAT NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD.

SUBJECT: PROVISION NOF PLEA-BARGAIN RECORD TO GOVERNOR, STATE BANK OF PAKISTAN.

REFERENCE: a) NAB’s H.Q. U.O.No.7 (616)/2001-ADDI&M-4, Dated the 9th FEBRUARY, 2002. b) CE’S SECT: U.O.No.1-1/SO(a-1)/2002/628, dated 25.2.2002. The undersigned is directed to inform that list of 105 individuals earlier forwarded vide above quoted letters for appropriate action (to debar them to take any loan/advances from any Bank or Financial institution for a period of ten years may be treated as cancelled.

26 High Court of Balochistan Annual Report 2003 Fresh list of 23 individuals (Annex) wherein Accountability court has debarred them from taking loan/advances from any bank or ﬁnancial institution for a period of 10 years is being forwarded for appropriate action to comply with the provision of respective Section of NAB Ordinance. Inconvenience is regretted please.

Sd/- Capt: (R ) Basharat Ahmed,PN. Additional Director (IM-1) Phone 9208620.

It was also contended that the beneficiary of contract for construction of Labour Colony was Bela Builders, owned by brother of petitioner, as such, he can not be held responsible for his deeds. First of all it would be suffice to observe that it involves factual controversy which cannot be looked into in Writ jurisdiction. Secondly, under NAB Ordinance “corrupt practice” has been used in a wider term. It not only includes pecuniary advantage gained by spouse or dependants but also by any other person. The petitioner was arrested under the said charge and he accepted the charge by entering into plea of bargaining, as such, this ground is not available to him. Up-shot of above discussion is that we find no merit in the present petitions and same are dismissed accordingly. Announced in open Court Sd. Today on 19 Sept: 2002. JUDGE.

Sd. CHIEF JUSTICE.

Sd. JUDGE.

3.2 Nadia Mehreen v. Selection Committee for Admission to 1st year M.B.B.S. Bolan Medical College, Sessions 2002-2003 through Chairman Public Service Commission, Quetta and & 3 others IN THE HIGH COURT OF BALOCHISTAN, QUETTA. Constitutional Petition No. 481/2003.

Date of hearing 28.10.2003 Petitioner by M r. H. Shakil Ahmed, Advocate Respondents No.1 to 3 by Mr. Salahuddin Mengal, A.G. Respondent No.4 by Mr. Mujeeb Ahmed Hashmi, Advocate

JUDGEMENT RAJA FAYYAZ AHMAD, C.J :-Following reliefs have been claimed in this Constitutional Petition:—

a) That the decision of the Selection Committee, whereby the admission has been declined to the petitioner, is illegal, void, discriminatory and in excess of authority and of no legal eﬀect.

High Court of Balochistan Annual Report 2003: 27 b) That the petitioner being eligible in all respect is entitled to admission in 1st year M.B.B.S Bolan Medical College Session 2002-03 and the official respondents be directed to grant admission to the petitioner, accordingly. c) Any other order as may be deemed fit and appropriate in the circumstances of the case may also be awarded in the interest of justice. 2. The brief facts of the case are that the petitioner and respondent No.4 besides other candidates applied for admission in the first year M.B.B.S Class of Balon Medical College, Quetta, Academic Session 2002-03, against six seats reserved for District Khuzdar on merit basis. The petitioner and the respondent No.4 appeared in the entry test alongwith the other candidates and as per merit list assigned by the college authorities the petitioner was placed at serial No.4 of the merit list, whereas; the respondent No.4 (Miss Khalida Usman) was at serial No.7 of the merit list filed as annexure-A to the Constitutional Petition. Vide advertisement published in the ‘Daily Jang’ Quetta (Urdu) dated 27.6.2003 issued by the Principal, Bolan Medical College, Quetta the candidates from district Khuzdar; were informed about the date of interview to be held in the office of DCO, Khuzdar on 14.7.2003 at 9:30 a.m by the Selection Committee and that the Selection Committee will hold its meeting for the final selection of the candidates in the DCO’s office at Quetta on 21.7.2003 (Monday) at 10:00 a.m. Also, as per note inserted/appended below the advertisement, all the candidates were informed that they should bring along their original testimonials including the acknowledgement receipt. 3. The case of the petitioner as set up in the Constitutional Petition is that she fell sick and remained admitted in the WAPDA hospital from 11.7.2003 to 13.7.2003, and; on 14.7.2003 when she alongwith her father reported at Khuzdar for verification of documents, they were informed that interview has already been conducted on 12.7.2003 and she was further informed by the authorities of the Selection Committee that the change in the date of interview was notified on 4.7.2003, but on account of eruption of law and order situation, curfew was imposed therefore, she had no chance to read the newspaper of the said date and remained ignorant of the same, whereas; her father remained hospitalized from 20.7.2003 to 21.7.2003 in Akram Hospital, Quetta. However; the petitioner stated to have reported in the final proceedings of the Selection Committee on 21.7.2003 and submitted application dated 14.7.2003 to the official of the Bolan Medical College, but was not allowed to appear before the Selection Committee to clarify her position and she was informed that her application has already been rejected. Thereafter, the petitioner claims to have made a representation through an application dated 28.7.2003. It has been contended in the petition that the Selection Committee in its meeting held on 21.8.2003 considered the application filed by her father, but the same was rejected on the ground that she should have informed to the Selection Committee, which omitted to take note of the fact that there was a change in the interview date. 4. Photostat copy of the publication about the change in the date of interview for districts Kalat, Khuzdar, Kharan, Lasbela, Mastung and Awaran for admission in the first year M.B.B.S Class of Bolan Medical College and first year B.D.S Course, as notified by the Principal, Bolan Medical College was published in ‘Daily Jang’ Quetta on 4.7.2003 for the information of the candidates of these districts that interviews for the Academic Session 2002-23 will be scheduled to be held on 14.7.2003, instead; will be held on 12.7.2003 at 9:30 a.m in the office of DCO, Khuzdar and the candidates were required to bring their along original testimonials. 5. The Selection Committee, Bolan Medical College admittedly assembled in the DCO’s office, Khuzdar on 12.7.2003 at 9:30 a.m, which interviewed the candidates, who appeared before it and final meeting of the Selection Committee as it appears from the copy of the minutes of the meeting annexed with the memo: of Constitutional Petition was held at Quetta on 21.7.2003 in the DCO’s

28 High Court of Balochistan Annual Report 2003 oﬃce, Quetta for the Academic Session 2002-03 in which the application of the petitioner for admission was rejected after recording its ﬁndings/decision as under:—

KHUZDAR Miss Nadia Mehreen Baloch D/O Abdul Rauf She failed to appear before the Selection Committee for interview on 12.7.2003 at Khuz- dar and she did not submit any application for her absence. The Selection Committee waited for her to appear for the interview and later directed the D.C.O, Khuzdar that if she comes or submit an application on the same day, it should be forwarded to the Committee. She was absent during the interview and did not submit any application on the day of interview at Khuzdar. Hence her application is rejected by the Selection Committee under para No.49 of the Prospectus for the Academic Session, 2002-2003.

5. Copy of the minutes of meeting of the Selection Committee held in the oﬃce of the Chairman, Balochistan Public Service Commission, Quetta on 21.8.2003 has also been ﬁled with the memo: of Constitutional Petition, which indicates that the Selection Committee deliberated upon the cases of a few candidates including that of the petitioner in respect whereof application dated 28.7.2003 was moved to the Chairman, Selection Committee by the father of the petitioner was brought under consideration in which the decision earlier taken by the Selection Committee, noted above, was maintained. The observations so recorded in this meeting are reproduced herein below:—

1. Mr. Abdul Rauf Baloch father of Miss Nadia Mehreen Mr. Abdul Rauf has submitted an application dated 28.7.2003 (along with Medical certiﬁcate), in which he has requested that the admission case of his daughter may be re-considered on humanitarian grounds, so that she is not deprived if her legitimate right. The Selection Committee rejected her application under para No.49 of the Prospectus, as she did not appear before the Selection Committee for interview at Khuzdar on 12.7.2003. The Selection Committee maintained its previous decision with the observation that if Miss Nadia was sick at the time of interview at Khuzdar, she should have informed the Selection committee through an application or any other source as the interview was being held in her native district.

7. The respondent No.3 (Principal, Bolan Medical College, Quetta) by means of his written statement seriously contested the Constitutional Petition on the grounds mentioned therein and urged during the course of arguments by the learned A.G on his behalf. 8. The petitioner feeling aggrieved of the decision taken by the Selection Committee refusing to grant admission in the M.B.B.S Class of Bolan Medical College, Quetta and the subsequent order/ decision taken by the Selection Committee, rejecting her application to be reconsidered on merits for admission applied for in view of the representation made by her father on the ground of her failure to appear in the interview held on 12.7.2003 at Khuzdar in the DCO’s oﬃce without due consideration of the reasons and grounds urged in the application being unjust, unfair and illegal as well as discriminatory and resulting into the grant of admission to the respondent No.4, has preferred the instant Constitutional Petition wherein the reliefs noted above in para No.1 supra have been claimed.

High Court of Balochistan Annual Report 2003: 29 9. The learned counsel for the petitioner, the learned A.G for the official respondents and the learned counsel for the respondent No.4 have been heard at length. Mr. H. Shakil Ahmed contended that rejection of the candidature of the petitioner on account of her nonappearance on the date fixed for the interviews of the candidates was explained on record through documentary evidence and particularly in the identical circumstances nonappearance of a candidate namely Miss Zakia Khoso was condoned by the Selection Committee, renders the decision and the subsequent order passed by the Selection Committee as illegal, violative of the sprit of the relevant paragraph of the prospectus, as well as discriminatory, moreover; as there was no objection by any candidate or otherwise against her candidature, therefore, in all fairness in the given facts and circumstances of the case she being at serial No.4 of the merit list was entitled for the admission applied for as against the private respondent. The learned counsel vehemently contended that since at the time of final selection of the candidates held at Quetta on 21.7.2003, the petitioner appeared before the Selection Committee but was interviewed, therefore, the object of paragraph-49 of the admission policy for all intents and purposes stood achieved including the explanation given by her about her failure to appear for interview on the scheduled date at Khuzdar by no stretch chould have resulted into nonsuiting her and similarly; the deliberations of the Selection Committee held on 21.8.2003 on the representation made by the father of the petitioner meant primarily for review of cases brought before it in the light of the individual grievances of the candidates, urged and explained by the petitioner ought to have been accepted, but the Selection Committee illegally passed the impugned orders, which are illegal, void and in excess of the authority vested in it, consequently; the same may be declared to be of no legal effect, inasmuch as; the impugned decisions taken by the Selection Committee are neither reasonable nor judicious in view of the directory nature of the para-49 of prospectus, which does not even provide any penal consequences. Mr. H. Shakil Ahmed argued that abrupt change in the date of the interview also caused serious prejudice to the petitioner, which could not come to the notice of the petitioner in time, who bona fidely on 14.7.2003 alongwith her father appeared for interview in the office of the DCO, Khuzdar at the given time and came to know that the interviews were already held by the Selection Committee on 12.7.2003, hence; in such view of the matter her failure to appear on the changed date deserved to be entertained and condoned, particularly for the reason explained in the application moved by her and the subsequent representation to have not resulted in nonsuiting her. The learned counsel further submitted that no final decision by the Selection Committee was taken on the date of interview held on 12.7.2003, rather; the final Selection was made by the Committee in its meeting held on 21.7.2003 in which the reasons of failure of the petitioner were duly explained y means of application and thus; there was no justification on the part of the Selection Committee to have not condoned the default. Mr. H. Shakil Ahmed further submitted that no marks are allocated for interview, which is meant only for scrutiny of original testimonials and to dispose of objections, if any; raised or coming to the knowledge of the Selection Committee in respect of the candidature of a candidate, hence; nonappearance or failure of a candidate to appear on the scheduled date for interview, who before final Selection if duly explained circumstances beyond control or prevented by sufficient cause to appear in interview will not be fatal for his selection on merit, therefore, the petitioner is entitled to get admission applied for as per merit assigned to her. 10. The learned A.G contended that the selection made by the Selection Committee and the rejection of the subsequent representation made by the petitioner’s father in view of the grounds and reasons found favour with the Selection Committee in its final meeting and deliberations of the Selection Committee made on 21.8.2003 in view of peculiar circumstances of the case read with paragraph-49 of the prospectus of the Bolan Medical College, are not open to any interference and exception is not amenable to the extraordinary discretionary powers vesting in the Court. According to the learned A.G, the Selection Committee appropriately exercised its powers and the

30 High Court of Balochistan Annual Report 2003 subsequent discretion on sound grounds in the given facts and circumstances of the case, inasmuch as; the explanation offered in the application and the subsequent representation was afterthought and belated nor the petitioner ever appeared before the Selection Committee and the plea that the petitioner was precluded or prevented by any sufficient cause was to the notice of the Selection Committee by making application promptly explaining/giving reasons for condonation of her own default in absence whereof in routine or in a mechanical way the same cannot be brushed aside lightly. According to the learned A.G the impugned decisions taken by the Selection Committee were taken in accordance with the admission policy and non-adherence to the Rule will result in frustrating the object of relevant paragraph of the prospectus, and secondly; that the candidates will not care and be serious to appear on scheduled dates for interview except in a case where a candidate promptly shows sufficient cause which prevented him to appear for interview on the scheduled date, but such exception lacks in the instant case. The learned A.G submitted that the case of Miss Zakia Khoso was distinguishable on the facts, as she provided and furnished to the satisfaction of the Selection Committee with the substantial cause preventing her to be capable to appear before the Selection Committee for interview on the fixed date, found to be sufficient on justifiable basis by the Committee to condone the default, hence; quoting of the instance having no bearing in the instant case and refusal by the Committee to condone the default on the part of the petitioner to appear for interview on the scheduled date cannot be termed as discriminatory on the part of the Selection Committee. 11. Mr. Mujeeb Ahmed Hashmi, the learned counsel for the respondent No.3 contended that in the given facts and circumstances of the case nonappearance/failure on the part of the petitioner to appear for interview at Khuzdar on the altered date duly notified in the newspaper well within time; appears to be not due to any inevitable reason and the documents filed in support thereof in respect of her alleged sickness and of her father on the subsequent dates was an afterthought attempt to create justification of her nonappearance before the Selection Committee. According to the learned counsel since the private respondent has been granted admission on merit as per assigned merits of the candidates, therefore, she cannot be deprived of her admission in the college merely because of an afterthought attempts made to create justification seeking for condonation of the default on the part of the petitioner to appear in the interview held on 12.7.2003 in the DCO’s office at Khuzdar. He further contended that till date of the final meeting of the Selection Committee held on 21.7.2003, the petitioner did not submit any application with regard to her stated explanation of sickness, which allegedly precluded her to appear in the interview, rather; she for the first time submitted application in the office of the Principal, Bolan Medical College, Quetta on 23.7.2003 received in the office of the principal on the same date but in order to show that she promptly made application instead of mentioning the actual date of the application, she deliberately and incorrectly inserted the date of application as 14.7.2003 instead of 23.7.2003 when it was actually moved in the office of the Principal of the College and such fact is quite evident from the endorsement made on the copy of the application by the dispatcher of the college to the effect that the same was received on 23.7.2003 (filed with the memo: of the Constitutional Petition). According to the learned counsel; the petitioner in fact did not physically appear even before the Selection Committee in its final meeting held on 21.7.2003 nor she made appearance before the Selection Committee in its meeting held on 28.7.2003 in view of the representation made by her father and other candidates, scheduled for review of cases relating to admissions in first M.B.B.S Class Academic Session 2002-03, hence; the contention raised by the petitioner’s learned counsel that the object, intents and purposes of interview stood achieved when she physically appeared in person for the scrutiny of her original testimonials and for providing explanation with regard to her failure to appear on the scheduled date for interview at Khuzdar, but she was not permitted to be interviewed or to physically appear on 21.7.2003 are misconceived and baseless. Mr. Mujeeb Ahmed Hashmi, adopted the arguments

High Court of Balochistan Annual Report 2003: 31 put forth by the learned A.G as regards physical appearance of a candidate on the date fixed for interview, the object and purposes of paragraph-49 of the prospectus are concerned including the alleged discriminatory treatment meted out to the petitioner and; in support thereof he placed on record Photostat copy of the judgement passed by the Division Bench of this Court in Constitutional Petition No.186/2001 in the case of Syed Suleman Shah Vs. Principal, Bolan medical College and others, in which it was held that individual notices were not required to be issued for interview as per relevant paras of the prospectus, rather; publication made in ‘Daily Jang’ Quetta relating to the programme of Selection Committee for holding of the interviews of the candidates at District Headquarters was brought on record by the petitioner himself and that the Selection Committee under para-30 of the prospectus is competent to see and inquire as to whether a candidate actually belongs to the district, of which he has produced local/domicile certificate and for such reason alone physical presence of the candidate was made compulsory. It was also observed that the wisdom of the Rule cannot be brought under challenge, otherwise there was no need to constitute Selection Committee, headed by the Chairman, Public Service Commission nor the petitioner has sought for relief that para No.47 of the prospectus be struck down and in any case; the same was held to be not in violative of Article-22 (4) of the Constitution of Islamic Republic of Pakistan. Moreover; in the said judgement reverting to the ground of discrimination, it was observed that the private respondent whose admission was challenged on the ground that she did not appear for interview before the Selection Committee on the scheduled date, it was noted that she subsequently appeared before the Selection Committee on the third day from the date of the scheduled interview and her request for interview was allowed by the Selection Committee and thus; the honourable Court concluded that the respondent whose admission was assailed on account of her default to appear for interview that she not only approached the Selection Committee at the time of final meeting held for selection of candidates, but was interviewed. Mr. Mujeeb Ahmed Hashmi lastly submitted that the Selection Committee appropriately in the lawful exercise of powers vesting in it rejected the candidature of petitioner on account of her failure to appear for interview, is also in accord with the relevant para of the admission policy, which for plausible reasons and valid basis rejected the application submitted by the petitioner after the date of final selection and similarly appropriately it did not review its earlier decision for being not open to any exception. 12. The contentions put forth on behalf of the parties’ learned counsel and the learned A.G, who appeared for the official respondents, have been considered in the light of the documents annexed with the memo: of Constitutional Petition and the impugned orders passed by the Selection Committee; we, have carefully perused para-49 of the Prospectus and the judgement passed by the Division Bench of this Court in Constitutional Petition No.186/2001 referred to by the learned counsel for the private respondent. The admitted feature of the case is that as per notice published in ‘Daily Jang’ Quetta (Urdu) dated 27.6.2003 issued by the Principal, Bolan Medical College, Quetta the candidates from District Khuzdar, Kalat, Kharan, Lasbela and Awaran were required to appear for interview before the Selection Committee seeking for admission in the first year M.B.B.S Course and first year B.D.S Course on 14.7.2003 at 9:30 a.m in DCO’s office, Khuzdar and further that the Selection Committee will hold its final meeting for the selection of the candidates in the DCO’s office at Quetta on 21.7.2003 (Monday) at 9:00 a.m. They were also informed by means of this notice that the candidates should bring along their original testimonials including acknowledgement receipt. It has been contended on behalf of the petitioner that the petitioner fell sick and remained admitted in the WAPDA hospital from 11.7.2003 to 13.7.2003, and; on 14.7.2003 when she alongwith her father reported at Khuzdar for verification of documents they were informed that interviews have already been conducted on 12.7.2003 and she was further informed by the authorities of the Selection Committee that the change in the date of interview was notified on 4.7.2003 in the newspaper, but on account of eruption of law and order situation, curfew was imposed hence; she had no chance to read

32 High Court of Balochistan Annual Report 2003 the newspaper of the said date and remained ignorant of the same. Vide notice published in ‘Daily Jang, Quetta dated 4.7.2003, photostat copy whereof has been filed with the memo: of petition; the candidates, who had applied for admission for Academic Session 2002-03 in Bolan Medical College from Districts Kalat, Khuzdar, Kharan, Lasbela, Mastung and Awaran were informed that their interviews scheduled to be held on 14.7.2003 will now to be held on 12.7.2003, accordingly; all the candidates from these districts were informed by means of the said notice to appear on 12.7.2003 at 9:30 a.m in the office of DCO, Khuzdar and to bring along their original testimonials. On this date, admitted position is that the petitioner did not appear before the Selection Committee at Khuzdar. In respect of the plea of her illness photostat copy of the medical certificate issued by the Medical Superintendent, WAPDA hospital, Quetta dated 11.7.2003 has been filed with the memo: of Constitutional Petition, issued on a prescribed proforma meant for the officers in BPS-16 and above, although; the petitioner was not an employee of the WAPDA, however; it shows that she was suffering from Enteric Fever and Amebic Dysentery in the relevant column of the certificate filled in by the concerned, which shows that she was recommended for three days leave with effect from 11.7.2003 to14.7.2003. No other document in support of the state of health of the petitioner and the medicine, if any; prescribed by the Dr. for the noted sickness of the petitioner has been filed nor produced during the course of arguments. Moreover; the medical certificate does not show that she suffered from such sickness up-to 13.7.2003 and was hospitalized, rather; the stated state of health of the petitioner as stood on 11.7.2003 has been noted in the medical certificate, whereas; in the Constitutional Petition it was contended that she remained admitted in the WAPDA hospital from 11.7.2003 to 13.7.2003, therefore, in absence of any supportive material it cannot be assumed that she remained admitted in the WAPDA hospital from 11.7.2003 to 13.7.2003 nor it can be safely inferred that she without undergoing treatment for the Enteric Fever and Amebic Dysentery abruptly with a bad state of health, as observed in the medical certificate, stood completely cured and she was able to treval to Khuzdar with her father where she statedly came to know after having been informed that interviews had already been conducted on 12.7.2003 by the Selection Committee. It appears that the petitioner, whose father admittedly is posted as Executive Engineer in WAPDA was successful in procuring the medical certificate in favour of his daughter which in no way renders any support to her plea that she was hospitalized with effect from 11.7.2003 to 13.7.2003. Next, it has been pleaded and contended that due to law and order situation, curfew was imposed on account of which she remained ignorant of the subsequent notice published in ‘Daily Jang’ Quetta about the change of the date of interview, also seems to be devoid of any substance, as no document or any other material has been produced or filed in support of such plea that on 4th of July curfew was imposed in Quetta city where she ordinarily resides as per address given in the title of the Constitutional Petition and thus; on account of the curfew she could not come across the notice published in ‘Daily Jang’ Quetta on 4.7.2003. Even if it be assumed that curfew was imposed in Quetta city on the said date, the petitioner still was to show that it was enforced/commenced at what hours; as newspapers ordinarily as a matter of common notice, are distributed and become available in market at early hours of the morning, hence; such plea also remained unsubstantiated, benefit whereof ipso facto in view of these pleas cannot be extended to petitioner seeking for condonation of the default to appear for interview on 12.7.2003 before the Selection Committee at Khuzdar. It is pertinent to note that in the initial notice published in the ‘Daily Jang’ Quetta on 27.6.2003 pursuant to which the petitioner statedly appeared for interview at Khuzdar alongwith her father on 14.7.2003, it was specifically brought to the notice of the candidates that final meeting of the Selection Committee will be held at Quetta on 21.7.2003 in the DCO’s office, Quetta and minutes of the meeting of the Selection Committee held on the said date in respect of admissions in Bolan Medical College, Quetta for Academic Session 2002-03 has also been filed with the memo: of petition

High Court of Balochistan Annual Report 2003: 33 and thus; according to the petitioner’s own showing she was well aware that the final meeting for the selection of the candidates was to be held on 21.7.2003, but till such date she did not submit any application to the Selection Committee, Bolan Medical College explaining her position in view of the pleas taken in this petition. She for the first time submitted an application in the office of the Principal, Bolan Medical College (respondent No.3) on 23.7.2003 as it appears from the copy of the application filed with the petition containing official stamp and signature of the receipt clerk of the office of the principal containing endorsement to such effect, whereas; the date on the application has been inserted as 14.7.2003, which obviously cannot be treated as the date on which it was received in the office of the principal. In this application as well, it was contended that she was hospitalized at Quetta from 11.7.2003 to 13.7.2003, but such plea as hereinabove discussed apparently is without any substance, and secondly; request was made in the application that her case on medical grounds be considered for admission in the first year M.B.B.S Class, Academic Session 2002-03. In the minutes of meeting of the Selection Committee held on 21.7.2003 it was specifically observed by the Selection Committee that the petitioner failed to appear before the Selection Committee for interview on 12.7.2003 at Khuzdar and she did not submit any application about her absence, however; the Selection Committee waited for her for the interview and latter directed the DCO, Khuzdar that if the candidates comes or submits an application on the same date it should be forwarded to the Committee thus; in these circumstances it was concluded by the Selection Committee that as she was absent from interview and did not submit any application on the day of interview at Khuzdar, hence; her application for admission in the M.B.B.S first year in Bolan Medical College was rejected under para-49 of the prospectus for the Academic Session 2002-03, to which no exception can be taken for the simple reason that the petitioner did not submit any application till the date of final meeting of the Selection Committee, i.e 21.7.2003. Hence; application submitted in the office of the Principal, Bolan Medical College on 23.7.2003 subsequent to the abovesiad date could not have been brought under consideration, subsequently; her father on 28.7.2003 submitted an application for review of the decision taken by the Selection Committee on 21.7.2003 to the Chairman, Balochistan Public Service Commission/Chairman, Selection Committee, Bolan Medical College, Quetta. Reiterating that her daughter (petitioner) fell sick and remained hospitalized from 11.7.2003 to 13.7.2003 in WAPDA hospital, Quetta and on 14.7.2003 when they reported at Khuzdar for verification of documents they were told that the interview has already been conducted on 12.7.2003, but the change in the date of interview notified in the only newspaper on 4.7.2003 which did not come to their hands due to Quetta incident and they remained ignorant of the change brought in with regard to the interview date, and; moreover; he also remained hospitalized from 20.7.2001 to 21.7.2003 in Akram hospital, Quetta, however; she stated to have reported in the final proceedings of the Selection Committee dated 21.7.2003 held at Quetta and she also handed over copy of application dated 14.7.2003 to Mr. Naeem Kasi of Bolan Medical College, but was not allowed to appear before the committee to clarify her position and she was told by the said official that her application has already been rejected. The minutes of the meeting referred to above, copy whereof has been filed with the memo: of petition does not indicate that the petitioner did appear before the Selection Committee on 21.7.2003 for verification of her original testimonials and to clarify her position. Therefore, in absence of any supportive material it cannot be assumed that she appeared before the Committee on the aforesaid date, but was not allowed by the Selection Committee to explain her position for having failed to appear on 12.7.2003 for interview. Secondly; had it been so; there was no occasion for the petitioner to have obtained acknowledgement of receipt of her application on 23.7.2003 from the receipt Clerk of the office of Principal of Bolan Medical College. No document in support of the petitioner’s father having been hospitalized from 20.7.2003 to 21.7.2003 in Akram Hospital, Quetta has been produced nor the same appears to be relevant in the matter. The fact remains that on 28.7.2003 the petitioner’s father filed a review application before the Chairman, Selection Committee, which was

34 High Court of Balochistan Annual Report 2003 considered by the Selection Committee, as evident from the copy of the minutes of the Selection Committee held in the office of the Chairman of Balochistan Public Service Commission at Quetta and for reasons mentioned in the minutes of meeting; the Selection Committee refused to review its earlier decision which are neither fanciful, arbitrary, misconceived nor suffered from any legal infirmity, in the given facts and circumstances of the case in view of the relevant paras of the prospectus of the College for the Academic Session 2002-03 and dealt with in the judgement passed by the Division Bench of this Court in C.P No.186/2001 wherein it was held that individual notices as per admission policy are not required to be issued for interview, rather; publication made in the newspaper relating to the programme of the Selection Committee for holding of the interviews of the candidates at District Headquarters was perfectly valid within the meaning of relevant para of prospectus and that the Selection Committee is competent to see and inquire as to whether a candidate actually belongs to the District of which he has produced local/domicile certificate and for such reason alone physical presence of a candidate was made compulsory, moreover; wisdom of the Rule cannot been brought under challenge otherwise there was no need to constitute the Selection Committee, headed by the Chairman, Balochistan Public Service Commission as well as the relevant para of prospectus requiring physical presence of a candidate was also held to be not in violative of Article-22 (4) of the Constitution of Islamic Republic of Pakistan, moreover; in the said judgement reverting to the ground of discrimination it was observed that the private respondent, whose admission in first year M.B.B.S Class was brought under challenge on the ground that she did not appear for interview before Selection Committee on the schedule date, the honourable Division Bench noted that she subsequently; appeared before the Selection Committee on the third day from the date of the scheduled interview and her request was allowed by the Selection Committee, who not only before the date of final Selection approached the Selection Committee but also appeared before it at the time of final selection of the candidates. The contention that discrimination has been meted out to the petitioner as in identical circumstances, nonappearance of a candidate namely Miss Zakia Khoso was condoned by the Selection Committee. It may be seen that facts relating to these two cases are quite distinguishable except to the extent that they each failed to appear on the scheduled date for interview. In the case of Miss Zakia Khoso, whose default in appearance before the Selection Committee was condoned, because her father promptly without loss of time approached to the Selection Committee and; brought to its notice that due to severe damage of the Bibi Nani Bridge on account of rain flood in Bolan, his said daughter was rendered in capable to appear for interview before the Selection Committee and thus; she was permitted to appear before the Selection Committee on the final date of meeting already notified for the selection of candidates, accordingly; she was interviewed and the Selection Committee after its having been satisfied with the explanation and the genuineness of the inevitable event condoned the default and she was selected on merits to be entitled for admission in the first year class of Bolan Medical College. In the instant case as hereinabove mentioned neither the petitioner nor her father promptly approached to the Selection Committee by explaining circumstances on account of which the petitioner stated to have been precluded to appear on the fixed date for interview before the Selection Committee, but for the first time after the date of the final meeting, application was submitted by the petitioner in the office of the Principal, Bolan Medical College on 23.7.2003 and secondly; the grounds on which condonation of the default in appearance before the Committee was sought for, also for reasons mentioned hereinabove are devoid of any substance, hence; in our considered view failure on the part of the petitioner to appear for interview on the scheduled date cannot be condoned in routine or in a mechanical way unless the circumstances which prevented the petitioner to be physically present before the Selection Committee brought to the notice of the Selection Committee promptly as well as to have appeared at least before the Committee on the date fixed for final meeting already notified in the first notice published in the newspaper referred to in the memo: of Constitutional

High Court of Balochistan Annual Report 2003: 35 Petition. All the more in the given facts and circumstances of the case, it was obligatory on the part of the petitioner even if it be assumed that she had no knowledge that the date of interview initially notified was antedated to 12.7.2003 instead of 14.7.2003, she should have without loss of time could have easily brought the factors resulting into her nonappearance on the date of interview to the notice of the Selection Committee by fax, telegram etc: but she appears to have not cared nor acted with due diligence, therefore, the petitioner at a belated stage and more particularly for the reason that the other candidate standing on merit, who had appeared for interview, has been selected and granted admission in the first year class of the college; cannot be permitted to take benefit of her own wrongs nor the private respondent to be deprived of her legitimate right of admission accrued to her on account of failure of the petitioner to appear for interview and the subsequent lapses on her part. No doubt para-49 of the admission policy of the college, though; being mandatory in nature is not absolutely inflexible in all circumstances, but it does have scope of flexibility in view of the principles of fairness, reasonableness and wisdom embodied in its spirit to admit for an explanation to condone default of a candidate if he was precluded or prevented by an act of God or any other sufficient cause to be physically present before the Selection Committee for interview on the particular date and such factors are promptly and without loss of any further time are brought to the notice of the Selection Committee on or prior to the date of final meeting of the Selection Committee, falls within the scope of its inherent powers to reconsider and to satisfy itself as to the genuineness, and the explanation, if any; offered by a candidate to condone the default or otherwise, as the case may be; unless it is shown that the powers and exercise of authority so vested in the Committee have been exercised arbitrarily or fancifully, which in our estimation in the instant case is lacking, as the Selection Committee applied its mind to the facts and circumstances of the case and did not find it fit to condone the default, therefore; her case even does not fall within the exception. Undoubtedly; no marks have been allocated for a candidate, who appears before the Selection Committee for interview nor does the physical appearance before the Committee, provides any criteria to grant admission to a candidate but all the same, in view of the scheme and admission policy, physical appearance of a candidate for interview is not without any ratio and logic, as on such date the Selection committee has to scrutinize the original testimonials of candidates and satisfy itself about the candidates to be bona fide residents i.e local/domicile of the districts of which they have applied for admission on merits against the reserved seats of the districts or otherwise, as well as; to make further inquiry if need be as regards genuineness, validity of a local/domicile certificate is concerned, hence; in such view of the matter, the provisions of para-49 of the prospectus are mandatory in nature, else; it would be difficult for the Selection Committee to discharge its functions objectively and on the other hand, the candidates at their option will approach to the committee for interview giving various reasons to be interviewed on the date of final meeting of the Committee and before that which obviously has to result in jeopertizing the whole scheme of the admission policy meant for selection of the candidates. No document or other material has been filed or produced before this court indicating that the petitioner did appear or approach to the Selection Committee on the date of its final meeting for interview and to explain her position, hence; as contended before us by the petitioner’s learned counsel that the intent and purpose of the para-49 of Prospectus stood fully complied with, is also without any substance for the reason, as according to the petitioner’s own showing for the first time application was delivered in the office of the Principal on 23.7.2003 filed as annexure to the Constitutional Petition dealt with hereinabove and in this application even it was not alleged that she appeared and approached to the Selection Committee on the date of its final meeting held on 21.7.2003, therefore, it cannot be said that she approached to the Committee on the aforesaid date.

36 High Court of Balochistan Annual Report 2003 Thus, for the above reasons this Constitutional Petition, being without merits and devoid of any substance, is dismissed, leaving the parties to bear their own costs. Announced on 11 Novem- Sd. ber, 2003. CHIEF JUSTICE.

Sd. JUDGE.

3.3 Bashir Ahmed & 2 others v. Hussain JUDGMENT SHEET IN THE HIGH COURT OF BALOCHISTAN, QUETTA. Civil Revision Petition No. 347/2001.

Date of hearing 11th April, 2003 Petitioner by Bashir Ahmed and 2 others by Mr. Amanullah, Kanrani, Advocate. Respondents Hussain by Mr. Naeem Akhtar, Advocate.

Raja Fayyaz Ahmad, C.J.—This Civil Revision under Section 115 CPC has been directed against judgment and decree dated 27.4.2000 passed by the learned Qazi Mashkey whereby the suit filed by the respondent against the petitioners for declaration and possession was decreed in his favour and against the appellate judgment/decree dated 30.10.2001 whereby the appeal filed by the petitioners against the decree of the Qazi Court has been dismissed by maintaining the decree passed by the learned Qazi Mashkey as well as holding the appeal filed by the petitioners as barred by time. 2. The brief facts of the case are that the respondent instituted suit for declaration and ejectment of the petitioners under Section 9 of the Specific Relief Act in respect of landed property, described in para No.1 of the plaint in the court of Qazi Mashkey on the stated averments that i) Kherowal land on which machine has been installed was declared to be the exclusive property of the father of the respondent/plaintiff, ii) Land Chail belongs to and vests in both the parties in equal shares and; iii) Land known as Saktareeb shall vest and belong to both the parties in equal shares (one and half share) each. It has further been explained in the para No.2 of the suit that one half of the property described in para No.1 of the plaint was initially purchased by one Baran who sold the same to one Shikari from whom the same was purchased by the respondent/plaintiff and since then it remained in the cultivating possession of the father of the plaintiff, who used to deliver Haq-e-Malikana to the petitioners/defendants as per their entitlement and during this period a dispute arose between the parties which ultimately; was resolved by virtue of the verdict of the Court, made in the year 1989, pursuant to which the cultivated and the uncultivated lands were partitioned between the parties and since then both the parties remained in the undisturbed and peaceful cultivating possession of their respective lands. Further the case of the respondent/plaintiff was that about two months prior to the institution of the suit on the instigation of other persons, the petitioners on gunpoint forcibly took over possession of the lands of the respondent/plaintiff and the machine installed on his land was removed and dismantled. On these averments suit under Section 9 of the Specific Relief Act for declaration, possession and injunction was instituted wherein the following reliefs were claimed:—

High Court of Balochistan Annual Report 2003: 37

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3. The petitioners/defendants by means of their written statement dated 29.3.2000 contested the suit and repudiated the claim of the respondent on various grounds of law and facts. Mainly it was contended in the written statement that lands known as Kherowal has not been described by its correct boundaries nor the plaintiff has shown the extent of his entitlement in respect of Kherowal lands and the claim as regards Kherowal lands has been ambiguously made whereas; the lands known as Chail and Saktareeb are barren, which were never brought in cultivation nor any Lath was ever erected on these lands. The claim of the plaintiff in respect of these lands was specifically repudiated on the ground that the same is the exclusive inherited property of the defendants/petitioners as well as the claim of the plaintiff that he purchased the suit property from one Shikari was also seriously contested on the ground that the stated vendor had no legal authority nor vested with any legal character to sale the property vesting in the defendants.

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5. The respondent/plaintiff in support of his case and in the light of issues produced eight witnesses as well as tendered in evidence the judgment and decree dated 17.6.1989 and the compromise deed of even date respectively marked as Ex. P/A, Ex. P/B and Ex. P/C. Also, the decision rendered by Sardar Rustam Khan dated 22.1.2000 was tendered in evidence by the respondent before the Qazi Court, but copies of these documents except the statement of few witnesses have not been annexed with the memo: of revision petition nor names of the witnesses produced at the trial have been mentioned in the revision petition. The petitioners/defendants adduced fourteen witnesses in support of their case as well as tendered in evidence copy of the criminal complaint dated 17.1.1999, Dastbardarinama dated 1.11.1999, copy of application, dated 30.10.1999 and copy of compromise deed dated 11.11.1999 respectively marked as Ex. D/A to Ex. D/D. They also produced the decision of Sardarzada Ali Haider Muham- mad Hassni dated 19.10.1999, but copies of these documents have not been filed with the memo: of Civil Revision Petition. After close of the parties case and hearing them the learned Qazi Mashkey vide judgment/decree dated 27.4.2000 decreed the suit in favour of the respondent/plaintiff. The petitioners/defendants

38 High Court of Balochistan Annual Report 2003 feeling himself dis-satisfied with the decree of the Qazi Court filed Civil Revision Petition No. 148/2000 before this Court on 21.6.2000, which was heard on 4.10.2001 and by means of order of even date memo: of Civil Revision Petition alongwith the annexures and court fees was directed to be returned to the petitioners or to their learned counsel after retaining photostat copies for record enabling them to file appeal in the court of learned Majlis-e-Shoora subject to all just exceptions. For convenience and reference to the order passed by this court in Civil Revision No.148/2000, reproduced in extenso herein below.

4.10.2001 Mr. Amanullah Kanrani, Advocate. M/S Naeem Aktar & M. Qahir Shah, Advocates. At the very outset learned counsel for the respondent Mr. Naeem Akhtar contended that although in the suit instituted by the respondent Section 9 of the Specific Relief Act was mentioned, but the suit related to the reliefs of declaration, injunction and possession and in substance in view of the averments as contained in the plaint, it was not a suit simplicitor for possession within the purview of Section-9 of the Specific Relief Act which after trial was decreed as prayed for by the learned Qazi court, therefore, the decree was assailable only in appeal and not way of revision. Mr. Amanullah Kanrani having gone through contents of the plaint, relief claimed in the suit and decree passed by the learned Qazi court conceded to the legal position that it was not a suit simplicitor for possession, therefore, such decree was amenable to appellate jurisdiction of the learned Majlis-e-Shoora and in that connection the petitioners were misled by the quoting of Section-9 of the Specific Relief Act in the title of the suit about which even reference was made by the Qazi Court in the impugned judgment/decree, hence; in such view of the matter, in the interest of justice, this revision petition and the court fee affixed on the memo: of revision petition be returned to the petitioners enabling them to file appeal in the learned Majlis-e-Shoora/Appellate Court against the impugned decree. Perusal of the contents of plaint and reliefs claimed therein abundantly show that the same was not simplicitor a suit for possession within the meaning of Section-9 of the Specific Relief Act, but in the title of the suit the petition writer who drafted the plaint appears to have wrongly quoted the suit as having been instituted under Section 9 of the Specific Relief Act and wrong quoting of the Section will not in substance alter the nature of the suit in view of the reliefs claimed therein and also the learned Qazi Court, without attending to the proposition incorrectly treated the same as suit under Section 9 of the Specific Relief Act its judgment/decree. Also, in view of the reliefs claimed in the suit decree in favour of the respondent was passed by learned Qazi Court against which right of appeal is provided under the law, hence; revisional jurisdiction of this court has wrongly been invoked, therefore, in such view of the matter as well as in view of the above noted request made by Mr. Amanullah Kanrani memo of civil revision alongwith annexures and court fee be returned to the petitioners or their learned counsel, after retaining photostate copies on record of all these documents, enabling them to file appeal in the court of Majlis-e-Shoora subject to all just exceptions. Order accordingly. Parties are left to bear their own costs.

7. Pursuant to the above-mentioned order the petitioners/defendants preferred appeal on 17.10.2001 in the Court of learned Majlis-e-Shoora, Khuzdar against the judgment and decree dated 27.4.2000 passed by the learned Qazi Mashkey. The learned Appellate Court after hearing the parties vide judgment and decree dated 31.10.2001 dismissed the appeal of the petitioners as barred by time and upheld the decree impugned in appeal. The petitioners have assailed the judgments/decrees respectively passed by the learned courts below in the instant Civil Revision Petition.

High Court of Balochistan Annual Report 2003: 39 8. The learned counsel for the parties have been heard Mr. Amanullah Kanrani submitted that the plaint was drafted by the petition-writer in the Mufassil, wrongly quoted the suit as having been filed under Section 9 of the Specific Relief Act, which does not effect the proceedings and trial of the case in substance as an ordinary suit declaration and possession of property for all intents and purposes in view of the allegations of facts as well as the reliefs claimed in the suit, but the learned trial court specifically decreed the suit in favour of the respondent under Section-9 of the Specific Relief Act, which misled the petitioners, who assailed the decree directly in the High Court by filing revision petition. According to the learned counsel no party is to be prejudiced by an act of the court and in the instant case, the petitioners were misled by the terms of decree and thus; instead of filing appeal against the decree of the trial court the same was assailed in the revision petition and no sooner the petitioners realized that they had chosen the wrong forum; request was made for return of the memo: of revision petition, impugned judgment etc: enabling them to file appeal in the court of learned Majlis-e-Shoora. According to the learned counsel without wastage of further time, on return of the documents, appeal was preferred in the court of learned Majlis-e-Shoora. He further submitted that alongwith memo: of appeal application under Section 5 of the Limitation Act was filed for condonation of the delay in filing the appeal on account of above mentioned facts, but the learned Appellate Court without deciding the question as to whether appeal filed beyond the prescribed period of limitation was condonable or otherwise straightaway dismissed the appeal of the petitioners, as such the impugned judgment and decree is liable to be set aside. The learned counsel emphatically contended that it was obligatory for the appellate court to have considered as to whether in the given facts and circumstances of the case the delay in preferring the appeal was condonable. He further submitted that without determining the question on the point of limitation appeal should not have been dismissed as barred by time. To supplement his contentions reliance was placed on the reported judgments i.e 2001 SCMR 1001, Ghulam Hussain Vs. Jamshed Ali and others; 2002 SCMR 134, Sajjawal Khan Vs. Wali Muhammad and others; 2001 SCMR 1254 Abdul Majeed and anothers Vs. Ghulam Haider and others and; 1995 SCMR 584 Sherin and 4 others Vs. Fazal Muhammad and 4 others. 9. Mr. Naeem Akhtar, the learned counsel for the respondent contended that the petitioners were represented by a senior counsel in the revision petition through whom the Civil Revision was filed in this court against the judgment and decree of Qazi Court, therefore, the wrong advise rendered by the counsel would not justify nor would be a sufficient cause to condone the delay in preferring the appeal beyond the prescribed period of limitation, hence; the appellate court appropriately dismissed the appeal as barred by time. He further submitted that since the petitioners were represented through the counsel in the revision petition, therefore, it cannot be assumed that they were misled by the decree passed by the trial court about the suit having been decreed in favour of the plaintiff/respondent under Section-9 of the Specific Relief Act. Mr. Naeem Akhtar strenuously argued that without due diligence revision petition was filed in this court hence; the delay in preferring the appeal was not condonable in view of the peculiar facts and circumstances of the case and mere return of the memo: of civil revision petition alongwith annexures and court fee to the petitioners enabling them to file appeal in the court of Majlis-e-Shoora will not justify the delay to be condonable, which in terms of the order dated 4.10.2001 passed by this court provided an opportunity for filing of the appeal in the appropriate forum subject to all just exceptions. He maintained that since the petitioner failed to make out a case fit for the condonation of delay in preferring the appeal, therefore, the appellate decree is unexceptionable, in as much as; petitioners failed to justify before the appellate court that they had been prosecuting on the matter with due diligence. He placed reliance on the reported judgments i.e 1998 MLD 416 Rehmdil Khan and 2 others Vs. Ali Safdar Khan and 2 others and; 1985 CLC 2529 (Lahore) Abdul Ghani Vs. Mst: Musrat Rehana.

40 High Court of Balochistan Annual Report 2003 10. The contentions noted above put forth on behalf of the parties have been considered in the light of the judgments and decrees passed by the learned courts below. The case law cited by the parties’ learned counsel have also been considered and perused carefully. It is an admitted feature of the case that against the judgment and decree passed by the learned Qazi Mashkey instead of filing appeal in the court of learned Majlis-e-Shoora directly Civil revision No.148/2000 was filed in this court and eventually on 4.10.2001 the learned counsel for the petitioners after having gone through the contents of the plaint, relief claimed in the suit and decree passed by the learned Qazi Court conceded to the legal position that the suit instituted by the petitioners was not a suit simpliciter for restoration of possession within the meaning of Section-9 of the Specific Relief Act, but being a suit for declaration, possession and injunction, decreed in favour of the respondent was amenable to the appellate jurisdiction of learned Majlis-e-Shoora, hence; in such view of the matter request was made that the memo: of revision petition etc: be returned to the petitioners enabling them to file appeal in the court of learned Majlis-e-Shoora against the impugned decree. After having attended to the contentions raised by the respondent’s learned counsel and the request for return of the memo: of Revision Petition etc: vide order dated 4.10.2001, reproduced in para No.6 supra. Memo: of Civil Revision Petition alongwith annexures was directed to be returned to the petitioners or their learned counsel enabling them to file appeal in the court of Majlis-e-Shoora subject to all just exceptions. Thereafter, on 17.10.2001 the petitioners filed appeal in the court of learned Majlis-e-Shoora, Khuzdar against the judgment/decree dated 27.4.2000 passed by the learned Qazi Mashkey. Also, an application under Section 5 read with Section 14 of the Limitation Act was filed by the petitioners seeking condonation of delay in preferring the appeal beyond the prescribed period of limitation on the ground that the time consumed in prosecuting the matter before the High Court may in the interest of justice be condoned, as the petitioners filed appeal within the prescribed period of limitation from the date of order i.e 4.10.2001 passed in Civil Revision Petition No.148/2000, and secondly; the delay in filing the appeal is condonable because the suit was decreed in favour of the respondent/plaintiff under Section-9 of the Specific Relief Act. It is not disputed that the suit instituted by the respondent was drafted by the Petition-writer of a ‘Mufassil’ area and the same in the title was described to be a suit under Section 9 of the Specific Relief Act for declaration and possession, whereas; relief of injunction was also claimed in the prayer clause of the suit. It has been contended on behalf of the petitioners that they were misled that suit was instituted under Section 9 of the Specific Relief Act and the terms of decree passed by the Qazi court for the suit having been decreed under Section 9 of the Specific Relief Act for which the petitioners may not be penalized/non-suited, inasmuch as; even if the appropriate remedy was not availed by their appointed counsel the same should not in the given facts and circumstances of the case result in depriving the petitioners to avail the appropriate remedy of appeal by condoning the delay resulted due to prosecuting the matter by way of Civil Revision Petition. It is worthwhile to note that the learned appellate court mainly dismissed the appeal as barred by limitation on the ground that the time consumed in prospecting the matter before this court was not directed to be excluded from the period of limitation prescribed for preferring the appeal and independently it was not determined by the learned appellate court that the delay caused in filing the appeal before the Majlis-e-Shoora in the given facts of the case was condonable or otherwise. It was held by the honourable Supreme Court in the case of Sherin and 4 others Vs. Fazal Muhammad and 4 others (1995 SCMR 584) that due diligence’ and ‘ good faith’ for enlargement of time prescribed by Section 14 of the Limitation Act, 1908 in terms apply only to the suits and applications, but not to appeals, whereas; Section 5 of the said Act is applicable to the appeals and therefore, the expressions ‘due diligence’ and ‘ good faith’ appearing in Section 14 of the act do not figure in Section 5 and the condition prescribed in the latter Section for it is applicability is ‘sufficient cause’ which is, however; not capable of connotation, with exactitude and would differ from case to

High Court of Balochistan Annual Report 2003: 41 case, therefore, the question of condonation of delay in filing an appeal has to be examined on the basis of Section 5 of Limitation Act and not on the basis of Section 14 of the Act. Referring to the facts of the case the honourable Supreme Court noted and found that some of the appellant are utterly illiterate and such fact was inferable from the factum of thumb impressions put by them on the documents forming part of trial courts’ file another appellant is not an educated person who presumably can right only write his name, accordingly; it was observed by the honourable Supreme Court that in our system of law, when a litigant, placed in the situation as the appellants were, has to do for redress of his grievance, through a court of law is to engage a counsel, which the appellant did. It was further observed by the honourable Court that the appellants did not make contribution in the institution of appeal in the District Court and there was no allegation that they stood to gain thereby or were guilty of any mala fide conduct on the filing of appeal in the District Court was entirely attributed to the carelessness of the appellants’ counsel, who represented them in the trial court and was not unaware of the amount of court-fee paid on the plaint by the respondent, on the objection of the appellants, which determined the forum of appeal. He also appeared for the appellants in the High Court. The honourable Supreme Court having noticed the conduct of the Advocate in filing the appeal in the District Court observed that if the law has to march with the changing of time some restraint needs to be exhibited by the courts in imposing too large a burden on a litigant for the lapses of his counsel. The honourable court having elaborately considered provisions of Order VII Rule 10 CPC in view of provisions of order XLI CPC with reference to Section 107 CPC and the earlier reported judgment of the honourable Supreme Court in the case of Siddique Khan Vs. Abdul Shakoor (PLD 1984 SC. 289) in somewhat similar situation wherein it was held that Section 107 (2) CPC is also applicable to memorandum of appeal and thus; in the former case law it was held by the honourable court that the provisions of Order VII Rule 10 CPC are mandatory and the court has no jurisdiction to hear the suit. It is under a compulsion to return the plaint for presentation before the proper court and thus; there is no reason to whittle down the imperative character of this provision while applying it to the appellate court. The honourable court further observed that all the public authorities including the judicial functionaries while doing an act enjoined by law or merely empowered to do it must not do it improperly. Quoting and referring to the legal maxim “actus curiae’ the classic remarks of Lord Eldon in Pulteny V. Warren (1801) 6 Ves. 73, 92 quoted by Maclean C.J, Lakhan Chunder Sen v. Madhu Sen (ILR 35 Calcutta 209) were reproduced as under:—

If there be a principle, upon Courts of justice ought to act without scruple, it is this; to relieve parties against that injustice against that injustice occasioned by its own acts or oversights at the instance of the party, against whom the relief is sought. That proposition is broadly laid down in some of the cases. This view was approved of by the House of Lords in the East India Company v. Campion (1837) 11 Bli. (N.S) 158.

Observations of Lord Cairns L.C in Rodger v. The comptoir d’Escompte de Paris (1871) 3 P.C.465, quoted with the approval by Lord Carson in Jai Berham v. Kedar Nath (AIR 1922 PC 269)were also reproduced in former case law i.e 1995 SCMR 584 as under:—

One of the ﬁrst and highest duties of all Courts is to take care that the act of the Court does not cause injury to any of the suitors and when the expression ‘ the act of the Court’ is used, it does not mean merely the act of the Primary Court, or of any intermediate Court of Appeal, but the act of the court as a whole from the lowest Court which entertains jurisdiction over the matter up to the highest Court which ﬁnally disposes of the case.

The above quoted rule, which perhaps was in somewhat close proximity of the case before honourable Supreme Court was demonstrated by application in Hiddayatullah Vs. Murad A. Khan

42 High Court of Balochistan Annual Report 2003 (PLD 1972 SC. 69) in which the honourable court stepped in to relieve the appellants before the court of the wrong caused to them by the act of the trial court. The honourable Supreme Court lastly adverting to the case before it held that omission on the part of the District Judge to take timely action as major cause of refiling of the appeal by the appellants in the High Court, out of time, who have the victim of the act of court which furnishes ‘sufficient cause’ under Section 5 of the Limitation Act for condonation of delay and the fact that after receiving the memo: of appeal from the District Court some time was consumed by the appellants in presenting the appeal to the High Court in the circumstances of the case is inconsequential, therefore, the honourable Supreme Court condoned the delay in presenting the memo: of appeal to the High Court and thus; the first appeal filed by the appellants in the High Court was treated as pending and directed to be disposed of afresh on merits in accordance with law. The Hon’ble Court in its elaborate judgment (PLD 1972 SC 69), with regard to the facts of the case before it observed that

had the trial court disposed of the application soon after it was ﬁled, the diﬃculty faced by the pre-emptors would not have arisen and maintained “ there was as we have already pointed out, a very good and substantial reason for the extension of time, because even assuming that no application was made by the appellants for such extension of time, the Court in the interest of justice, was fully competent suo-moto to extend the time when it had by its own act made it practically impossible for the appellants to comply with its original order by adjourning the application for furnishing security to the 6th of January, 1968.

Furthermore; in the quoted reported judgment, (1995 SCMR 584) the Hon’ble Supreme Court also made reference to the observation recorded by the allahabad high Court in the case of Hari Ram V. Akhtar Hussain (ILR 29 All 749) reproduced hereinbelow:-

The mistake may in its origin be the mistake of plaintiﬀ; by the time the plaint has been registered, the mistake has become the mistake of the Court. If the Court or the Munsariam discovered The plaintiﬀ’s mistake before registration of the plaint, the plaint would at once be rejected under section 54 of the Civil Procedure Code and never registered at all.

The above noted observations were recorded by the Full Bench of the Allahabad High Court and held that the occasion to adjudicate upon the defendants, in a pre-emption suit that mistake in court-fee by a party is not covered by section 28 of Court Fees Act, 1870, and it applied only when a document not properly stamped, was received and used by the Court or office by mistake or inadvertence. The objection was repelled with the observations referred to above, and were noted as quite instructive. In the reported judgment (1995 SCMR 584) as regards filing of appeal in a wrong Court on account of mistaken advice of counsel, it has been observed that the same would not by itself justify for condonation of delay but when the litigant and the counsel have acted with due care and caution and their conduct does not smack of negligence, the institution of appeal in the wrong forum could constitute a “sufficient cause” within meaning of section-5 of the Limitation Act for condonation of delay. Similarly in the case of Abdul Majeed and another v. Ghulam Haider and others (2001 SCMR 1254) it was held that the ”ill-advice even by a lawyer is not-a ground for extension of time of limitation for filing of appeal in wrong forum but where the litigant and the counsel had acted with due care and caution and their conduct did not smack of negligence, the institution of appeal in wrong forum could constitute a sufficient cause within the meaning of section 5 of Limitation Act, 1908. The same rule was followed in the case of Abdul Ghani v. Mussarat Rehana by the Hon’ble Division Bench of the Lahore High Court (1985 CLC 2529) cited by the respondent’s learned counsel

High Court of Balochistan Annual Report 2003: 43 and it was held by the Hon’ble Court that error in filing appeal in the Court of District Judge, was so patent, that it could have been avoided by exercising due care, thus wrong advice of a counsel does not furnish a foundation for enlargement of time, consequently; application filed under sections 5 and 14 of Limitation Act for condonation of delay was rejected. In the case of Rehmdil Khan and 2 others v. Ali Safdar Khan and 2 others (1998 ,MLD 416) civil petition for leave to appeal was dismissed by the Hon’ble Supreme Court (AJ&K) in view of the rule laid down in the reported judgments of the Hon’ble Supreme Court on the subject i.e. 1985 SCMR 890. 1992 SCR292 and 1992 SCR 98 and it was held that delay for filing of case due to wrong advice of counsel was not a sufficient cause for condonation of the delay as the same did not constitute bona fide mistake and; the party could claim compensation from counsel for his negligence if so advised. 11. It has consistently been held by Hon’b1e Supreme Court as well as in the above-quoted reported judgment that negligence on the part of counsel or wrong advice of counsel resulting into filing of appeal in a wrong forum/Court would not by itself be a sufficient cause for condonation of delay in resorting to an appropriate remedy unless it has been shown that the aggrieved party or his counsel, as the case may be, acted with due care and caution in availing the remedy amounting to sufficient cause for condonation of delay in filing the appeal within meaning of section 5 of the Limitation Act. Keeping in view the dictum A laid down in the judgment of Hon’ble Supreme Court of Pakistan referred to above and applied by the Hon’ble Court in the case of Sherin and 4 others v. Fazal Muhammad and 4 others (1995 SCMR 584) in the given circumstances of this, case which are similar and identical to the case before the Hon’ble Supreme Court hence the same needs be 18 considered and attended to from the angle that first and highest duties of a Court is to take care that the act of the Court does not cause injury 10 any of the suitors, as well as in view of the observation made by the Hon’ble Supreme Court in the above mentioned reported judgments referred to in para No.10 supra. It is worthwhile to note that the petitioners in the instant case through their appointed counsel, instead of filing appeal against judgment and decree dated 27-4-2(XX) passed by Qazi Mashkay, in the Court of Majlis-e-Shoora, filed civil revision petition directly in this Court within prescribed period of limitation meant for filing of appeal in the Court of Majlis-e-Sboora which was entertained by the Additional Registrar of the Court without objection as to the competency of the revision petition against the final decree passed by the Qazi Court, (though; not obligatory for the officer of the Court to have recorded objection) and to have fixed the matter for orders of the Court. Eventually before admission of revision petition, the learned counsel for the petitioners on the date fixed in the matter i.e 4-10-2001 after having gone through the contents of plaint, relief claimed in the suit and decree passed by learned Qazi Court, and; the objection raised by the learned counsel of the respondent, conceded to the legal position that the decree passed by original Court was appealable before Majlis-e-Shoora and this Court after hearing the parties learned counsel vide order of even date reproduced in para No.6 supra directed that memo of revision petition etc. be returned to the petitioners or their learned counsel for preferring appeal before the competent forum/Appellate, Court. The case file relating to Civil Revision No.248 of 2000 shows that on the very next date i.e. 5-10-2001 these documents were returned to the petitioners and the petitioners thereafter filed appeal in the Court of learned Majlis- e-Shoora, Khuzdar on or about 14-10-2001. A part from the in-advice of the learned counsel, it is worthwhile to note the the Additional Registrar of this Court who entertained the revision petition to have noted objection with regard to the in competency of the petition which was not done with the result that for one or the other reason the matter remained pending till the date parties learned counsel were heard and order was passed by the Court on the same date and during this period the time for preferring appeal against decree before the competent forum stood elapsed hence the rule highlighted, followed and applied by the Hon’ble Supreme Court in the above mentioned referred reported case that act of Court should not non-suit any party to the proceeding, equally applies

44 High Court of Balochistan Annual Report 2003 to the facts of the instant case, as had the civil revision petition entertained by the officer of the Court subject to objection or fixed for orders of the Court on such objection or the same if had been returned to the petitioners within the period of limitation for filing of appeal before the competent forum or an appropriate order if were passed by the Court as to the competency of civil revision petition within such period; the appeal subsequently preferred against decree of the Qazi Court would not have become time-barred, therefore, the petitioners who engaged the services of counsel being aggrieved of the decree of the trial Court, should not suffer and be not non-suited for none of their fault hence in the given circumstances of the case the delay occurred in preferring appeal before Majlis-e-Shoora for the above mentioned reasons is condonable within the meaning of section 5 of the Limitation Act which stands accordingly condoned. The result is that the impugned appellate judgment and decree are set aside and appeal filed by the petitioners shall be treated as on the file of the Majlis-e-Shoora, Khuzdar which be decided after hearing the parties on its own merits in accordance with law. This Civil revision petition is partly allowed in the above terms, leaving the to bear their own costs. Announced on Sd. 22 September, 2003 CHIEF JUSTICE.

3.4 Haji Bostan Ali v. The State JUDGMENT SHEET IN THE HIGH COURT OF BALOCHISTAN, QUETTA. Crl: Bail Application No .134/2002.

Date of hearing (09-07-2002). Applicant by Syed Ayyaz Zahoor, Advocate. The State by K. N. Kohli DAG

ORDER Raja Fayyaz Ahmad. C.J.—The accused/applicant was arrested and has been confined In District Jail, Quetta In connection with case Crime No. 02/02 dated 25.4.2002 registered with Passport Circle FIA U/S 17/18 and 22 of Immigration Ordinance, 1979 and U/S, 420/109/34 PPC pursuant to the finalization of the inquiry No. 01/02 of FIA Passport Circle, Quetta. The bail plea of the accused/applicant has been rejected by the learned Additional Sessions Judge-I, Quetta vide order dated 12.6.2002 passed in Criminal Bail Application No.152/02. 2. The brief facts of the case are that upon finalization on inquiry number 01/02 conducted by the FIA, Passport Circle, Quetta it came to limelight that accused Bostan Ali Recruiting agent resident of Alamdar Road, Quetta had lured the complainants Ishaq Ali and Ramzan Ali that he will send and arrange for the immigration of the brother of Ishaq Ali and son of Ramzan Ali to Australia In consideration of Rs. 2,50,000/- each and in this way accused Haji Bostan Ali successfully received Rs. 500,000 for each of the abovesaid persons to be deported by him to Australia. After receiving the above mentioned amount, accused Haji Bostan, Ali transported these two persons besides others to Cambodia instead of Australia and after about three months a group of these Emigrants was managed to be boarded in a very old Launch during night hours which hardly covered a distance of few furlongs went on capsizing and in the meantime, the Cambodian Cost Guard having found the launch in such condition approached to rescue the passengers of the said Launch in which they succeeded and subsequently; the Migrants boarded in the Launch including the abovesaid two persons were handed over to International Organization of Migrants (IOM) of the United Nations

High Court of Balochistan Annual Report 2003: 45 and the complainant Ishaq Ali and Ramzan Ali on having received information of such events approached to accused Haji Bostan Ali for the return of the abovesaid amount received by him and for the safety of their brother and son respectively but this time again the accused promised, undertook and induced them that he will send the said persons to Australia through another route and; as both these two persons were very keen to go abroad in search of livelihood they were again sent to Singapore and from there, the brother and nephew of the complainant Ishaq Ali were shifted to Jakarta through an agent an ultimately were left stranded. In view of the evidence documentary and oral plated during the course of inquiry, it was proved to the satisfaction of the Inquiry Officer that accused Haji Bostan Ali extracted an amount of Rs. 500,000/- on the pretext for Migrating the needee persons to Australia and thereby accused Haji Bostan Ali and others committed the offence punishable under Sections 17/18/22 of the Emigration Ordinance, 1979 and under Sections 420/109/34 PPC. 3. PW Muhammad Hadi son of Muhammad Juma in his statement recorded under Section 161 Cr.P.C stated that he was in search for employment and ultimately he and his elder brother Ishaq Ali came to know through people of the Mohallah that Ex-Councilor Haji Bostan Ali arranges for the employment of people in Australia and for the job he receives Rs. 2,50,000/- therefore, his elder brother Ishaq Ali and uncle Ramzan Ali met with accused Haji Bostan Ali for seeking employment for the witness (Muhammad Hadi) and his cousin Muhammad Arif in Australia and at that time his brother and uncle were also accompanied by their friends Ramzan and Nisar Ali. On being contacted as aforesaid Haji Bostan Ali demanded Rs. 2,50,000/- each for providing employment to the witness and his cousin Arif in Australia, therefore, his brother and uncle paid Rupees Five Lacs to accused who was to provide employment to them in Australia and also their Passports, copies of the 1.D. Cards were handed over to the accused. According to the witness on 3.5.01 he and Muhammad Arif were sent to Lahore by train by Haji Bostan Ali and on reaching there, the accused Syed Muhammad Shah took them from Railway Station, Lahore and after that they stayed in Shabistan Hotel, Mc- loed Road Australia chowk, Lahore. On 10.5.01 Haji Bostan Ali deported them to Cambodia by Thai International Air Lines. After their arrival on Cambodian Airport, obtained visa for a week and stayed in Royal Higen Hotel as instructed by Haji Bostan Ali and were assisted by representative of accused Haji Bostan Ali namely Syed Muhammad Shah. Subsequently on or about 8.7.2001 they were boarded in a boat from a Coastal City in which 255 passengers were on the seats but after undergoing two hours journey in the sea they were arrested by the Cambodian Coast Guards and were brought back to Banam-Ban and ultimately on 28.7.01 the Cambodian police deported them to Pakistan by a Plane and on 30.7.01 he and Arif returned to Quetta thereafter his elder brother Ishaq Ali and uncle Ramzan Ali again approached to Haji Bostan Ali who pacified them and assured to remain satisfied by under-taking that he will again manage to send them to Australia, subsequently; on 12th August, 2001 according to the witness Haji Bostan Ali sent them to Lahore by Chiltan Express and stayed in New Prince Hotel, Mc-loed Road, Lahore. After about 22 days stay at Lahore, younger brother of accused namely Sikandar Ali took them to Lahore Airport to the hotel and on 5/9/2001 they were send to Singapore by Thi international Airline and Sikander Ali also accompanied them. Two days after their arrival in Singapore he obtained Visa for them and were sent to Malaysia and after a few days Sikandar Ali also came there and they both i.e. the witness and Muhammad Arif were handed over to one Malaysian agent who took them alongwith eleven other persons of different nationalities and were boarded in a boat in open sea and from there they all were shifted in a large boat and were taken to an Indonasia Island known as Sumatra and ultimately were given in the charge of one Indonasian agent who also charged 200 Dollars from each of them and took them to Jao Island but ultimately were arrested by Indonasian police of City Baghor. After that PW Muhammad Hadi was sent to Pakistan with the assistance of International Organization for Migration (M.O.I) and thus he reached back to Quetta on 28.11.2001, whereas;

46 High Court of Balochistan Annual Report 2003 his cousin Muhammad Arif could not be deported as he had no money and still living in the Camp established by International Organization of Emigration in Indonasia. Further the witness alleged that after his return to Quetta his elder brother Ishaq Ali approached to accused Haji Bostan Ali by informing him that he failed to honour his commitment nor employment was provided, therefore, the amount received by him for sending the witness to Australia and providing employment be returned but he refused to return the amount, and; extended threats. PWs Ishaq Ali son of Ali Juma, Arbab Muhmrnad Raza son of Arbab Qurban Ali and Ramzan Ali son of Barat Ali in their statements recorded under Section 161 Cr.P.C have also narrated the facts relating to the case as contained in the statement of PW Muhammad Hadi, moreover; statements of PWs Ishaq Ali and Ramzan Ali were also recorded under Section 164 Cr.P.C by the learned Judicial Magistrate-IV/MFC Quetta and opportunity of cross examination was also availed by accused Haji Bostan Ali. In these statements as well in substance they have deposed the facts as stated by them in their respective statements recorded under Section 161 Cr.P.C. 4. Heard the learned counsel for the applicant as well as the learned DAG at length Syed Ayyaz Zahoor, Advocate contended that in view of given facts and circumstances of the case Sections 18 and 22 of the Immigration Ordinance, 1979 have no application and secondly if it be assumed that the offence falls under Section 19 of Ordinance; the punishment provided is in the alternate i.e. 14 years imprisonment or fine or with both hence; the bar as contained in Section 497 Cr.P.C to grant bail will not be attracted. According to the learned counsel the maximum punishment provided for the offence under Section 17 of the Ordinance being less than 10 years imprisonment, extendable up to only 5 years imprisonment since does not attract the prohibitory clause of Section 497 Cr. P. C does not disentitle the applicant/accused to the grant of bail and moreover; the offence under. Section 420 PPC is bailable. Further the learned counsel contended that investigation in the case has been completed and the accused is no more required for the purpose of interrogation and challan for trial of the offence under Section 420/109/34 PPC has already been filed in the court of competent jurisdiction hence; on consideration of these grounds the accused/applicant may in the interest of justice be admitted to bail. As regards the question of bail in view of the alternate punishment provided in Sections 18 and 22 of the Immigration Ordinance, 1979 he placed reliance on the judgment reported in the case of Shakeel Hassan Rashidi V/s. The State 1992 MLD 99. 5. The learned Deputy Attorney General contended that in view of over whelming incriminating evidence documentary and oral collected during the course of investigation offence under Sections 18 and 22 of the Immigration Ordinance, 1979 and under Section 420 PPC stand attracted hence in view of the punishment provided under Sections 18/22 of the Ordinance, the accused is not entitled to the concession of bail as both these offences are not bailable and keeping in view the nature of the allegations and the sufferings to which Muhammad Hadi and Arif were to undergo for months, out of whom Arif having become destitute is still living in the Camp maintained by International Organization of Emigration in Indonasia; disentitled the accused for bail. The learned DAG to supplement his contention placed reliance on the reported judgments i.e. 2001 P.Cr.L.J 588, PLD 1982 Karachi 1011 and 1986 P.Cr.L.J (Lah:) 567. 6. The contentions put forth on behalf of the accused as well as by the learned DAG have been considered in the light of the record of the case made available by the learned DAG. From the perusal of the statements of the aforesaid witnesses as well as statements of PWs Ishaq Ali and Ramzan Ali recorded under Section 164 Cr.P.C, prima facie it appears that Ishaq Ali and Ramzan Ali were assured, promised and induced by the applicant that their brother and son respectively Muhammad Hadi and Arif will be sent by him to Australia and to them both employment will also be provided in the foreign country, and; in consideration of such services, he received Rupees five lacs i.e. Rs. 2,50,000/- for each of the abovesaid persons from Ishaq Ali and Ramzan Ali. After receiving of the amount, both the said persons were sent to different countries by the accused,

High Court of Balochistan Annual Report 2003: 47 as referred to herein above and eventually they were left stranded in Indonasia at the mercy of circumstances and ultimately were arrested by the Indonasian Police, out of whom PW Muhammad Hadi having the money with him for his fare etc was deported to Pakistan through the assistance of the International Organization for Migrants while Arif for want of money to pay for his fare is living in the Camp in Indonsia. The Passports of both these persons are available on the record, perusal whereof also confirms that Hadi and Arif as stated by PW Muhammad Hadi in his statement under Section 161 Cr.P.C were Migrated to the said countries. The incriminating material in the shape of statements of abovesaid PWs attracts the Penal. Provisions of Sections 18 and 22 of the Immigration Ordinance, 1979 including Section 420 PPC. Undisputedly the offence under Section 18 and 22 of the Immigration Ordinance, 1979 are not bailable providing punishment for a term of imprisonment which may extend up to 14 years, or with fine or with both. As the accused/applicant is prima facie involved in the commission of the offence under Section 18 and 22 of the Ordinance, 1979 which being not bailable disentitled the applicant to claim bail as a matter of right in the given facts and circumstances of the case referred to above, hence; the case law cited by the applicant’s learned counsel that the offences in view of alternate punishments provided in these Sections does not attract the prohibitory clause of Section 497 Cr.P.C helps not improving his case any further. No other ground was urged or argued by the applicant’s learned counsel. Consequently; in view of the foregoing reasons this bail application being devoid of any merit stands rejected at this stage. The observations as to the criminal liability of the applicant made in this order are only tentative in nature which shall have no effect on merits of the case at the trial. Announced on Sd. 17th July, 2002 CHIEF JUSTICE.

3.5 Muhammad Aslam Shah v. Fida Muhammad & another JUDGMENT SHEET IN THE HIGH COURT OF BALOCHISTAN, QUETTA. F.A.O. No.135/2000.

Date of hearing 8-05-2002 Appellant Muhammad Aslam Shah/by Bisharatullah Advocate Respondent Fida Muhanmmad and others by Mr. Walayat Hussain Advocate

JUDGMENT Raja Fayyaz Ahmed C.J.—This appeal under Section 15 of Balochistan Urban (Rent Re- striction) Ordinance No. VI of 1959 has been directed against order dated 31.5.2000 passed by the learned Civil Judge-II/Rent Controller, Quetta whereby the eviction application ﬁled by respondent No. 1 against the appellant and respondent No. 2 has been allowed and they were directed to hand over the vacant possession of the shop to the respondent No.1. 2. The Brief facts of the case are that the respondent No.1 instituted an eviction application on 4.9.1999 under Section 13 of Balochistan Urban (Rent Restriction) Ordinance No. VI of 1959 against the appellant and respondent No.2 contending therein that he is the owner and landlord of the Municipal Shop No.1-22/41 X (3586), situated in Mahal and Mouza Ward No.47, Quetta Urban, measuring 122 Sq ft: situated at Ibrahim Khan Lane, Kansi Road, Quetta, which was rented out to the appellant against the monthly rent of Rs. 1300. It has further been contended that on 26.6.1999 a legal notice under Section 13-A on behalf of the respondent No.1 was issued to the appellant which was/duly received by the appellant, who vide his reply to notice acknowledged

48 High Court of Balochistan Annual Report 2003 and attorned the respondent No.1 as owner and landlord of the shop in question by accepting his own status as that of a tenant in the shop against the rent of Rs.1300/- per month payable to the respondent No.1. Eviction of the appellant and respondent No.2., was sought for on the grounds that the appellant committed wilful default in the payment of rent of the shop since June 1999 onwards, who also sublet half portion of the shop in question to the respondent No.2 without the written consent of the respondent No.1/landlord as well as shop in question being reasonably and in good faith required by the respondent No.1/landlord for his personal use of business, consequently; the appellant as well as respondent No.2 was approached to hand over the vacant possession of the shop, but they refused to do the needful, hence; on these facts and grounds eviction application was ﬁled. Both the respondents in the eviction application were served, out of whom appellant being the respondent No.1 in the eviction application by means of his rejoinder dated 20.12.2000 contested the grounds, on which eviction was sought for, whereas; respondent No.2 Talib absented himself and was proceeded ex-party on 11.11.1999 nor did he ﬁle rejoinder to the eviction application. 3. Out of pleadings of the parties, the learned, Civil, Judge-II/Rent Controller, Quetta framed the following issues:

1. Whether the respondent No.1 has committed default in submitting rent of the shop in question from June, 1999, therefore is liable to be evicted? 2. Whether the respondent No.1 has sub-letted the half portion of the shop in question to respondent No.2 without prior permission/consent of the appellant? 3. Whether the appellant requires shop in question for his personal occupation and bona ﬁde use of the same? 4. Whether the appellant is entitled for the relief claimed for? 5. Relief.

4. The respondent No.1/landlord in support of his claim in the light of above noted issues filed sworn in affidavits of two witnesses namely Muhammad Abid and Noor Muhammad as well as filed his own duly sworn in affidavit in support of the case. After completion of the evidence of the respondent No.1 the matter was adjourned for the evidence of the appellant from time to time and finally on 20.5.2000 due to non-production of evidence by the appellant his defence was struck off and; the learned Rent Controller after hearing the parties learned counsel vide order impugned herein allowed the eviction application directing the appellant as well as respondent No.2 to hand over the vacant possession of the shop to the respondent No.1/landlord by resolving all the issues in affirmative. 5. As regards the ground of eviction relating to the wilful default in the payment of rent since June, 1999 onwards is concerned, it was contended in the rejoinder filed by the appellant that he was cognizant to his, liability so, the due rent was remitted to the applicant from Chakwal by money- orders, but the applicant refused to receive the same, however; it was offered that he is ready and willing to deposit the same in court in favour of the applicant. He denied to have committed wilful default in the payment of rent and being first defaulter the non-payment of rent as claimed in the eviction application is condonable. As hereinabove noted the other grounds on which the eviction was sought for were also contested and in para No.6 of the rejoinder plea has been taken that in case the shop in question was reasonably and in good faith required for personal needs of business, such alleged fact at least should have been mentioned in the legal notice issued to the appellant under Section- 13-A of Balochistan Ordinance No.VI 1959.

High Court of Balochistan Annual Report 2003: 49 6. Deponent Muhammad Abid in his affidavit deposed that he has seen the shop in question and also knows the parties. According to him the shop in dispute was rented out to the appellant by the respondent No.1 against the monthly rent of Rs.1300/- and since June, 1999 onwards rent has not been paid by the appellant (respondent No.1 in. the eviction applicant), who also sublet the half portion of the shop to the respondent No.2. He further deposed in the affidavit that for half portion of the shop, respondent No.2 is paying rent to the appellant and the shop in dispute is required for the personal bona fide needs of business by the landlord, who does not have any other shop in Quetta city. The second witness of the landlord namely Noor Muhammad deposed in his affidavit that the shop in question has been leased out to the appellant against the monthly rent of, Rs.1300/- and since June, 1999 onwards rent has not been paid by the tenant (appellant). Moreover; half portion of the shop in question has been sublet to respondent No.2 by the tenant(appellant) without the permission of the landlord and according to him the landlord is jobless and the shop in dispute is required by the landlord for his personal needs of business who does not hold any other shop in Quetta city for doing the business. Landlord/respondent No.1 deposed that on 26.6.1999 he issued legal notice through his Advo- cate to the appellant (respondent No.1 in eviction application) intimating about the title of the property/shop having been transferred in his favour and about rent, and; in response thereto vide reply dated 9.7.1999 sent to his counsel right to receive rent was accepted and acknowledged by the occupant tenant. Further in the affidavit it has been deposed that the respondent No.1 in the eviction application is his tenant in the shop in question against the monthly rent of Rs.1300/-, but despite service of notice and acknowledging the liability to pay the rent, he has failed to pay the rent of the shop since June, 1999 till date to him. He further deposed that without his permission half portion of the shop in dispute was sublet to respondent No.2 by the tenant, who partitioned the shop into two portions and 1 further that ,the shop in dispute is reasonably and in good faith required by him for his personal bona fide needs of business and for the purpose he does not hold any other shop in Quetta city. He explained that due to death of his young son he is facing great hardships and both the said respondents are liable to ejectment from the shop in dispute. 7. Respondent No.1 as well as his abovesaid witnesses appeared in the witness box and were subjected to cross examination by the appellant’s counsel in view of their sworn in affidavits filed in the Court. 8. Heard the learned counsel for the appellant as well as Mr. Walayat Hussain for respondent. Mr. Basharatullah contended:—

a) That the landlord through evidence failed to prove that the appellant committed willful default in the payment of rent and secondly the issue No.1 with regard to the alleged default for the the month of June, July and August, 1999 since was deposited with the learned Rent Controller within sixty days from the date on which the rent for these months had become due within the purview of Section-13 (2)(i) of Balochistan Urban (Rent Restriction) Ordinance No.VI of 1959 hence ﬁnding the appellant to have committed default in the payment of rent for these months cannot sustain and; thirdly the liability to pay the outstanding arrears of rent as claimed in the eviction application was not disputed in the rejoinder to the eviction application rather; the entire due and outstanding rent was duly deposited with the Rent Controller after the ﬁling of the eviction application. Moreover; the due rent was remitted by money orders to the respondent No.1/landlord who did not receive the same hence; the entire rent payable having been tendered and refused to be accepted does not entail penal consequences.

50 High Court of Balochistan Annual Report 2003 b) The respondent No.l/landlord failed to successfully discharge the onus of issue No.2 and 3 respectively relating to the grounds of subletting and bonaﬁde personal requirement hence; the ﬁndings on these issues deserve to be reversed.

c) Close scrutiny of evidence produced by the respondent No.1 sufficiently indicate that the respondent No.l/landlord has long before permanently shifted from Quetta to Cbakwal alongwith his family i.e. wife and children and prior to shifting to Chakwal, the respondent No.1 has sold entire of his properties commercial and residential in Quetta including the house in which he was residing hence; in these circumstance it cannot be assumed that the shop in question is reasonably in good faith required the landlord for his needs of business. d) Reasonable and fair opportunity for producing evidence in rebuttal was not afforded to the appellant by the learned Rent Controller and within a period of less than thirty days the defence of the appellant was struck off which has caused serious prejudice to the appellant hence; on this score as well the impugned order cannot sustain.

9. Walayat Hussain, the learned counsel for the respondent No.1 at the very out set submitted that he does not press the ground of eviction with regard to the default in the payment of rent in view of the contention raised in a such behalf by the appellant’s learned counsel however; the learned counsel strenuously contended that the onus of issues as regards No.2 and 3 are concerned was successfully discharged by the landlord/respondent No.1 and the findings on these issues are unexceptionable. According to the learned counsel merely having sold out some of the shops in Quetta and the house in which the landlord was residing perse does not adversely reflect upon the bonafides of the respondent No.1 for the shop in question being reasonably required for his personal needs of business and as regards the frequent visits of the landlord to Chakwal or of his children having gone to Chakwal to see their ailing mother, duly explained by the landlord in his evidence, would not be enough to hold that the landlord failed to show his bonafides and personal requirement. The learned counsel contended that evidence on the point including that of the landlord is consistent, convincing and reliable which the appellant failed to rebut hence; findings recorded by the learned Rent Controller on issue No.3 based upon evidence cannot be lightly interfered with Further the learned counsel argued that through evidence it was duly substantiated by the landlord that without written consent half portion of the shop in dispute was sublet to the respondent. No.2 by the appellant and evidence on the point could not be discredited hence; the learned Rent Controller on proper appraisal of evidence resolved issue No.2 in affirmative. He further argued that six opportunities on different dates were provided to the appellant for production of evidence but for no-justification he failed to produce any witness in rebuttal nor himself appeared in the witness box consequently; the learned Rent Controller was left with no option but close his evidence and the plea in such behalf that fair and reasonable opportunity for leading evidence was not afforded, is not sound. 10. The contentions put forth on behalf of the parties have been considered in the light of their pleadings, issues and the evidence produced by the landlord which has been gone through carefully including eviction order. Also the evidence produced by the landlord has been independently come to a appraised in order to/just conclusion. Since the learned counsel for the respondent No.1 conceded to the contentions of the learned counsel for the appellant as regards issue No.1 is concerned as well as failed to support the findings of the learned Rent Controller on issue No.1 or reversed, accordingly; the said issue stands resolved in negative. The case of the landlord is that the shop in question is reasonably and in good faith required by him for his personal needs of business, as he is jobless and does not hold any other shop in Quetta

High Court of Balochistan Annual Report 2003: 51 City and secondly the appellant without his written permission bas sublet half portion of the ”shop in question to the appellant. In support of these grounds respectively issues No.2 and 3 were struck by the learned Rent Controller. In order to discharge the onus of these issues the respondent No.II filed affidavits of two witnesses namely Muhammad Abid and Noor Muhammad as well as filled his own affidavit and they also appeared in witness box for the purpose of cross examination and such right was availed by the appellant’s learned counsel. Both the abovesaid witnesses have deposed that they know the parties and have also seen the shop in question in which the appellant is the tenant of the respondent No.1 against the monthly rent of Rs.1300/. They further affirmed that the landlord is jobless and the shop in question is required by him for his personal needs of business and is also not in possession of any other shop in Quetta City. Moreover; these witnesses have also deposed that without the consent of the landlord half portion of the shop in question has been sublet by the tenant to the respondent No.2. The respondent No.1/landlord has deposed that without his consent and permission half portion of the shop has been sublet by the tenant to the respondent No.2 by, partitioning the shop and secondly the same is reasonable and in good faith required by him for his business needs and is not in possession of any other shop in Quetta City. He also explained that his young son has died and he is facing financial crises. The version of the landlord as well as of his two witnesses on the point i.e. personal requirement and subletting could not be discredited on cross examination, however; it transpires from the evidence that the house in which the respondent No.1/landlord was living has been sold besides some other shops owned by him near to the shop in question and secondly he visits Chakwal where also his wife is residing and it has been explained in the cross examination by the respondent No.l/landlord onhisownthathiswifeisasickperson,therefore, for the purpose of treatment she has been residing there and his children have now left for Chakwal to see their ailing mother, the landlord also admitted that for the date of hearing he has come to Quetta from Chakwal but these facts alone in the ordinary course would not be sufficient to hold that requirement of the shop for personal needs of business to be not bona fide as the landlord himself is always a best judge to manage and tackle his own dealings and affairs as he deems fit and proper nor such facts in absence of evidence to the contrary culminates into the taking of an exception that the landlord has permanently shifted to Chakwal and thus the ground of eviction with regard to the shop being required for personal needs of business to be ill founded and malafide. Visits of landlord to Chakwal to attend his sick wife or temporary and frequent visits of landlord to Chakwal after disposal of other properties in Quetta alone would not be sufficient to conclude that he does not require the shop in dispute for his business needs and in good faith because primarily such acts relate to the private and internal affairs & dealings of such person which from case to case vary and depending upon one’s own needs and benefits hence; in my considered view the respondent No.1/landlord successfully discharged the onus of issue No.2 and 3 and the learned Rent Controller on proper appraisal of evidence resolved both the issues in affirmative. Adverting to the contentions that fair and reasonable opportunity for leading evidence in rebuttal was not afforded to the appellant, it may be seen that -the case was fixed on 29.4.2000, 8.5.2000 and 20.5.2000 for production of evidence or filing of affidavits of witnesses by the appellant but without any explanation offered by the appellant’s learned counsel be failed to file affidavits nor was advanced any reason which precluded the appellant to produce witnesses or even to file affidavit of his witness although; twice cost was also imposed for non-production of evidence consequently; vide order dated 20.5.2000 evidence of the appellant was closed by learned Rent Controller and the case was adjourned to 23.5.2000 for the statement of the appellant but on the date the appellant also did not appear and the matter was adjourned to 24.5.2000 but again he did not appear in the court and his learned counsel did not advance any reason about the failure of the appellant to appear in court for statement consequently; his right to appear in the witness box was also closed

52 High Court of Balochistan Annual Report 2003 and after hearing the learned counsel for the parties, the eviction order impugned herein was passed. It is pertinent to note that on all these dates the learned counsel for the appellant appeared on his behalf in the court but he did not advance any reason on any of such dates on account of which the affidavits of witnesses were not filed and the failure on the part of the appellant to appear in court for statement hence; in view of these facts the submission of the learned counsel for the appellant that during this period the appellant remained out of station on account of illness of his son appear to be unsound and had it been so, the appellant could have informed to his counsel about the cause which precluded him to produce evidence by a telephone call or by telegram or even by post in absence whereof merely for the reason that since these opportunities/dates fixed by the court involved a period of less than not thirty days will/lead to believe that fair and reasonable, opportunity for leading evidence was not afforded by the learned Rent controller. As herein fore noted since on none of the abovementioned dates any reason was put forth by the appellant’s learned counsel which prevented the appellant to produce evidence or to himself appear in court, therefore, it cannot be said that fair and reasonable opportunity was not afforded for production of evidence and thus; the multiple opportunities given for the purpose to the appellant within a period of less than thirty days in the ordinary course amounts to the providing of fair and reasonable opportunity for production of evidence hence; the ground so urged also seems to be devoid of any substance. Thus, in view of above discussion and reasons this Rent Appeal being without any merit is dismissed, leaving the parties to bear their own costs. Announced on Sd. 17 July, 2002. CHIEF JUSTICE.

3.6 Nawabzada Mir Balach Khan Marri through Attorney v. Appel- late Election Tribunal, Balochistan through Registrar, Balochis- tan High Court & 2 others JUDGMENT SHEET IN THE HIGH COURT OF BALOCHISTAN, QUETTA. Constitution Petition No.484 of 2002.

Date of hearing 18.09.2002 Appellant: Nawabzada Mir Balach Khan Marri Through Attorney—Petitioner Respondent: Appellate Election tribunal, Balochistan Through registrar Balochistan High Court and 2 others

JUDGMENT Akhtar Zaman Malghani,J.—Petitioner, Nawabzada Mir Balach Khan Marri has assailed order of the Election Tribunal Balochistan, Quetta dated 10.09.2002 passed in Election Appeal No. 4 of 2002, through this petition wherein the following relief has been claimed:—

i. Honorable Court may be pleased to declare that the impugned order dated 10.09.2002, ( in so far it concerns disqualification on account of dismissal for misconduct for absence from duty) is without lawful authority and no legal effect. ii. Honorable Court may graciously set aside the impugned order of learned Appellate Elec- tion Tribunal dated 10.09.2002 and to restore the order of Returning Officer Kohlu dated 27.8.2002/30.08.2002 and to dismiss appeal of respondent No.2.

High Court of Balochistan Annual Report 2003: 53 iii. Learned Court may be pleased to direct Returning Oﬃcer to include petitioner’s name in the list of validly nominated candidates for generals election 2002 from PB-23 Kohlu Agency, Kohlu with further direction to allot symbol under the rules and to take all necessary steps allowing petitioner to eﬀectively participate in the forthcoming election from PB-23 Kohlu Agency.

2. Briefly stated, facts of the case are that the petitioner filed nomination paper for contesting election from constituency PB-23 Kohlu Agency for Balochistan Provincial Assembly which was accepted by the Returning Officer/respondent No.3 on 27.08.2002. Respondent No.2 being aggrieved by the said order, preferred an appeal before the Election Tribunal Balochistan, Quetta under Sec- tion 14 (5) of The Representation of People Act, 1976 mainly on the ground that the petitioner was dismissed from service, as such; he was disqualified under the election laws for contesting the election and secondly; the petitioner has produced Degree of the then U.S.S.R. without any equivalence certificate from University Grants Commission, thus does not have the prescribed qualification as required by Article 8-A of the Conduct of General Election Order, 2002. After hearing the parties the learned Election Tribunal vide impugned Order held that the petitioner was disqualified from contesting election being dismissed on the ground of misconduct, while ground regarding educational qualification was overruled by the learned Election Tribunal. It is pertinent to mention that ground of educational qualification was neither agitated nor pressed before us by the counsel for respondent No.2. 3. Learned counsel for the petitioner raised the following contentions:

i) That the petitioner was dismissed from service on the ground of misconduct vide Notification dated 31.08.2000 being found absent from duty as such; he could not have been declared disqualified. In order to substantiate his arguments he invited our attention to the provisions of Article 8D (2) (i) of the Conduct of General Election Order, 2002 and argued that a person could be disqualified under the said clause, only when he had been dismissed from service on the ground of misconduct involving moral turpitude. ii) That under Article 3, the Conduct of General Election Order has overriding effect over other laws including Constitution, therefore, provisions of The Representation of People Act, 1976 and the Constitution will give way wherever there is any contradiction or inconsistency. iii) That the learned Tribunal has misdirected itself by holding that of the Legal Frame Work Order, 2002 read with the schedule thereunder was applicable in the case of petitioner.

4. Rebutting the arguments, Mr. Muhammad Ashraf Khan Tanoli learned counsel for respondent No.2 made the following submissions:—

i. Under Article 199 of the Constitution of the Islamic Republic of Pakistan a person must come with clean hands in order to obtain equitable relief. According to him petitioner is an absconder and fugitive from law, as such, is not entitled to discretionary relief. ii. The Tribunal is consisting of two Hon’ble Judges of this Court who have exercised their judicial discretion against the petitioner, therefore, same should not be disturbed in Writ jurisdiction. iii. The impugned order has been passed within the jurisdiction conferred upon the Tribunal by the statute and same cannot be termed as illegal, void or coram non judice. iv. By making reference to various Orders issued by Chief Executive, he stated that Legal Frame- work Order being later in time will prevail over other Orders including The Conduct of General Election Order, 2002.

54 High Court of Balochistan Annual Report 2003 v. He invited our attention to Article 3 of the Legal Framework Order, 2002 and according to him by virtue of aforesaid Article this Order has come into force at once and is in the ﬁeld. He was of the view that by the Legal Frame Work Order, 2002, Constitution has been amended and thus under Article-63 (1) (i) a person is disqualiﬁed, if he is dismissed on the ground of misconduct.

vi. No Act or law can have over riding eﬀect over the Constitution and any provision to that extent would be void and non-existent. He relied on the judgment of Hon’ble Supreme Court reported in PLD 2002 SC 994.

vii. In the alternate he argued that if the above grounds do not find favour with the Court, even then the petitioner was disqualified under sub clause (k) of clause-2 of Article 8D of the Conduct of General Election Order, 2002 because the petitioner was dismissed from service on 31.8.2000 and two years have not been elapsed on 26.8.2002 which was the last date for filing of the nomination paper. In order to substantiate his arguments he also placed on record the revised schedule of election program.

5. We have considered the arguments put forth by the learned Counsel in the light of relevant provisions of law. It will be appropriate to reproduce the operative portion of the impugned judgment.

A bare perusal of the above quoted provisions of Legal Framework Order, 2002 would show that, a person would be disqualified from contesting the election, on the ground of misconduct or moral turpitude, which corresponds to the provisions of section 99 (I-A) (i) of the Act, but the order of 2002, states, that a person shall be disqualified from contesting the election on the ground of misconduct involving moral turpitude. In view of the above legal position, we are inclined to subscribe to the contentions of Mr. Ashraf Khan Tanoli, Advocate and Mr. K.N. Kohli, learned DAG that the provisions of Article-63 (1) (i) of the Legal Framework Order, 2002, are attracted and fully applicable to the case of respondent No.I, which lays down that a Candidate stands disqualified from contesting the elections on the ground of ‘ misconduct’ or ‘moral turpitude’. However, since word ‘misconduct’ has not been defined in the Act of 1976 or in the Legal Framework Order, 2002, therefore, the only conclusion which can safely be drawn is; that a person stands disqualified from contesting the election, if he is found guilty of misconduct; of any type i.e. any forbidden act, unlawful behavior, dereliction from duty, dishonest act, etc. As observed hereinabove, the Notification of dismissal of appellant from service is still holding the field, as it has never been challenged before any competent Forum; therefore, it completely stands as barrier against the respondent No.I, from contesting the election, in view of the relevant provisions of law, reproduced hereinabove.

The perusal of above reproduced order shows that the petitioner has been disqualified from contesting election in view of Article-63 (1) (i) of the Constitution as incorporated in the Legal Framework Order, 2002. It may be noted that by virtue of Article-4 of the Legal Framework Or- der,2002 reproduced hereinbelow, the amendments made in various Articles of Constitution relating to the general election are not holding field at present and these will become in force only on such day as the Chief Executive may, by Notification in the official Gazette, appoint as provided in Article-4 of the Legal Framework Order for which different days may be appointed in respect of different provisions by the Chief Executive.

High Court of Balochistan Annual Report 2003: 55 4. Revival of Constitution of 1973.—The provisions of the Constitution as amended by this Order and by such other Orders as may be promulgated hereinafter, shall stand revived on such day as the Chief executive may, by Notification in the official Gazette, appoint; and different days may be so appointed in respect of different provisions.

We are, therefore, not inclined to accept the contention of the learned counsel for the private respondent that the amendments made in the Constitution, by virtue of Article-3 of the Legal Framework Order as regards the general elections being held under The Conduct of General Elec- tions Order, 2002; the petitioner is disqualified in view of the amended Article 63 (1) (i) of the Constitution for the simple reason that within the meaning of Article-4 as yet the requisite Noti- fication in the official gazette for the revival of the Constitution or any amended provisions of the Constitution relating to the disqualification of a candidate to contest the elections has not been issued, hence the amendment so introduced in the above said Article of the Constitution will not come into play. 6. We also find force in the contention of learned counsel for petitioner that Conduct of General Election Order, 2002 has over riding effect over the other laws for the time being in force such as The Representation of People Act, 1976. Article-3 of The General Election Order, 2002 provides as under:-

3. The provisions of this Order shall have eﬀect notwithstanding anything contained in the Constitution or in any other law for the time being in force relating to the forthcoming elections to the (Senate) National Assembly and the Provincial Assemblies.

Similarly Article-10 of The General Election Order, 2002 is reproduced hereunder:-

10. Removal of difficulties.—(1) If any difficulty arises in giving effect to any of the provisions of this Order, the President may make such provisions for the removal of the difficulty as he may deem fit. (2) For the purpose of bringing the provisions of the Constitution and of any of the laws relating to elections to the (Senate,) National Assembly and the Provincial Assemblies into accord with the provisions of this Order, the President may by Order make such adaptations, modifications, additions or omissions as he may deem necessary or expedient. (3) Any court, tribunal or authority empowered to enforce any of the law referred to in clause (2) shall, notwithstanding that no adaptations have been made in such law by an Order made under that clause, construe the law with all such adaptations as are necessary to bring it into accord with the provisions of this Order.

Perusal of Article 3 read with sub article (3) of Article 10 shows that The Conduct of General Election Order, 2002 has over riding effect over the other law. As the case of petitioner does not fall within the mischief of any of the disqualification clause of the Order, he cannot be disqualified on the strength of any other law which contains a clause inconsistent with that of the Order. Now coming to the case of petitioner, we have, already held that the petitioner could not be disqualified under the provisions of the Legal Framework Order which are not applicable at present. The petitioner was dismissed from service on the ground of willful absence which in our humble view, does not involve the element of moral turpitude and for disqualifying him under clause 2 (i) of Article 8 D of The Conduct of General Election Order, 2002 it is necessary that the dismissal must involve the ingredients of moral turpitude which is wanting/lacking in the present case. Therefore, we are of the considered view that the petitioner was not disqualified to contest the election merely because he was dismissed from service on the ground of misconduct resting upon absence from duty.

56 High Court of Balochistan Annual Report 2003 7. So for as objection regarding maintainability of petition on the ground of alleged absconsion of petitioner is concerned, it will be suffice to observe that the present petition has been filed through attorney on the basis of power of attorney duly attested and verified by the office of High Commissioner of Pakistan at London as provided under the Power of Attorney’s Act read with Article 95 of the Qanun-e- Shahadat Order. Moreover, we are not inclined to go into this factual controversy, particularly when it does not affect the qualification or disqualification of the petitioner under relevant laws. 8. Reverting to alternate plea advanced during course of arguments that the petitioner was also disqualified under sub clause (k) of Clause (2) of Article 8D of The Conduct of General Election Order, 2002, it is suffice to observe that the said ground was never agitated before the learned Election Tribunal as well as before the Returning Officer. It is worth while to note that the petitioner was dismissed from service on 31.08.2000 and two years have already been elapsed on the date of scrutiny (02.09.2002). Therefore, this additional ground is also not available to the private respondent. In view of the above discussion and reasons the impugned order of the learned Election Tribunal is set aside and declared as of no legal effect. Accordingly; the petitioner is declared to be a validly nominated candidate by granting consequential relief that his nomination papers be processed by the Returning Officer to the Election Commission of Pakistan through the Provincial Election Commissioner enabling him to contest the election from the constituency i.e. PB-23 Kohlu Agency for the Balochistan Provincial Assembly. Announced in open Court Sd. on 23.09.2002. JUDGE

Sd. CHIEF JUSTICE.

Sd. JUDGE

High Court of Balochistan Annual Report 2003: 57 THIS PAGE BLANK

58 High Court of Balochistan Annual Report 2003 SECOND ANNUAL JUDICIAL CONFERENCE HIGH COURT OF BALOCHISTAN (DECEMBER 13, 2003)

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60 High Court of Balochistan Annual Report 2003 4 ANNUAL JUDICIAL CONFERENCE, HIGH COURT OF BALOCHISTAN, DECEMBER, 13TH, 2003

Key Note Address by Mr. Justice Amanullah Khan, Senior Puisne Judge

Hon’ble Mr. Justice Akhtar Zaman Malghani; Hon’ble Mr. Justice Muhammad Nadir Khan; worthy Registrar; learned Judges of the Subordinate Judiciary of Balochistan; distinguished lawyers; ladies and gentlemen, Aassalam -o- Alaikum, It is a proud privilege to welcome all the worthy participants to Balochistan’s Second Annual Judicial Conference. As the Hon’ble Chief Justice has to attend an important meeting of the Board of Governors of the Federal Judicial Academy at Islamabad, as such asked me to Preside the Conference. The Hon’ble Chief Justice has conveyed his best wishes for the success of the Conference. The main purpose of this Conference is to enable the judiciary of Balochistan to share their viewpoint on various issues pertaining to Court functions and to high light the difficulties faced by them while performing their duty. Thus an attempt would be made to bring to limelight, the impediments, which hampers the progress of the disposal of cases and further to discuss the Law to improve the working of our judiciary at different levels. The object of Law is to bring reforms in the judicial system in the province of Balochistan and to achieve speedy and inexpensive justice, throughout the province. Worthy participants, I would like to inform you that for the first time in the courts, positive and practical steps have been taken to meet the requirements of judiciary at all levels and a large programme i.e ”Strength- ening of Institutional Capacity for Judicial and Legal Reforms” has been initiated, popularly known as ”Access to Justice Programme” the purpose is to address the problems faced by the judiciary. There is urgent need to build the confidence of general public in the judiciary, as they are directly affected from whatever decisions are made. Efforts to be made to minimize the long process of litigation by expeditious disposal. The conditions prevailing in this province are different from the rest of the country, such as illiteracy, long distances, poverty etc. due to which a vast majority of people do not have any access to judiciary in the prevailing circumstances women are the most affected. It is a matter of proud for us that despite all the short-comings, our judiciary has a good record of speedy disposal. The High Court is quite aware about the deplorable conditions of our courts but efforts are under way for improvement. Despite lack of proper training in modem techniques in Court and case management, automation of court’s systems including professional management in record keeping systems and court budgeting, inadequate judicial training, incompetent legal support, and absence of formal Alter- native Dispute Resolution methodology, compound the issue. The performance of our judiciary is better than the courts of other provinces, though there is a lot more to be done for improving the working conditions. Distinguished participants, Government’s commitment to reforms coupled with the Asian De- velopment Bank’s support for legal and judicial reforms in Pakistan is emerging as a ray of hope for the judiciary. Need to make the formal Court system more responsive to the needs of the citizenry, particularly to reduce chronic delays in courts is now being recognized by the government, as one

High Court of Balochistan Annual Report 2003: 61 of its prime priorities. Actions by the Hon’ble Chief Justices’ Committee; administration, monitoring and timely instructions for the subordinate Courts and the proceedings of the Pakistan Law and Justice Commission reviving laws to the betterment according to the changed realities, have drastically reduced delays relating to timely dispensation of justice in all matters in general, and more specifically in family matters. Legislation on Small Causes Courts will be introduced to allow citizens to file cases at less expense using more informal procedures and the Courts to be established at Tehsil Level to address the issues at grass root level. This would obviously have beneficial impact in curtailing pendency at upper levels of judicature. Additionally, in order to check the impediments in the course of achieving cordial atmosphere in Courts, Bench-Bar Committees; Criminal Justice Coordination Committees as well as Citizen-Courts Liaison Committees at District levels have been formulated in the province; so that the real stake holders of the system may participate to have their say in day to day affairs affecting them in Courts. Ladies and gentlemen, The Asian Development Bank’s funded project on “Strengthening of Institutional Capacity for Judicial and Legal Reform” provides for a short-term technical assistance on pilot basis. It has introduced reforms and modern techniques in the judicial system, on pilot basis, that demonstrates practicability within the given system. Series of workshops on Delay Reduction have been held at various locations in the country, which provided significant training to the Judges on how to manage case disposals in an effective way. Computers have been provided to the courts in all the four provincial High Courts and suitable software is being developed for the Courts that will be extremely useful in case flow management and generating daily cause-lists. Under the said Project, the High Courts have also been encouraged to hold judicial conferences, like the one we are holding today. This practice on regular basis, shall in future, also keep the judiciary abreast with the latest developments and achievements in the judicial system. The Access to Justice Program (AJP) is Asian development Bank’s long-term assistance to Pakistan that includes a sustainable legal, judicial and police reforms, which on its proper implementation, it is anticipated, would have healthy impact on overall performance of the Courts, while the Judges too would have congenial atmosphere both by way of infrastructure and facilities, and obviously with the able assistance of the bar, the menace of large and long pendency would be kept in check. Worthy participants, However, while we strive to achieve the prime object of our noble institution, I must congratulate the members of the subordinate judiciary for their dedication and untiring efforts that had lead us to a level of minimum pendency as compared to all the other subordinate Courts of the country and I do expect all of you to keep up the good work. With this, I conclude my address, but before that, I would like to thank the distinguished participants, who have join us here today and are expected to make valuable contribution in the Conference proceedings. Lastly, I pray to Almighty Allah, to lead us to make this programme a success. Thank you ladies and gentlemen.

62 High Court of Balochistan Annual Report 2003 JUDICIAL ACTIVITY 2003

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64 High Court of Balochistan Annual Report 2003 THE HIGH COURT OF BALOCHISTAN (JUDICIAL ACTIVITY)

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66 High Court of Balochistan Annual Report 2003 5 THE HIGH COURT OF BALOCHISTAN: JUDICIAL ACTIVITY DURING 2003

5.1 Consolidated Statement for High Court of Balochistan

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 Principal Seat 2,731 3,562 6,293 3,974 2,319 Sibi Bench 348 490 838 580 258 Grand Total 3,079 4,052 7,131 4,554 2,577

Pendency, Institution and Disposal of Cases in High Court of PENDING ON 1.1.3 Balochistan INSTITUTION FROM 1.1.03 TO 31.12.03 DISPOSAL FROM 1.1.03 TO 31.12.03 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 Principal Sibi Total Seat Bench

High Court of Balochistan Annual Report 2003: 67 5.2 High Court of Balochistan, Principal Seat at Quetta: Statement Showing Category-wise Pendency, Institution and Disposal of Cases for the Year, 2003

Institution Disposal Pendency on 01.01.2003 01.01.2003 Balance on Category of Cases 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 Constitution Petition (DB) 510 647 1,157 651 506 Criminal Revision (SB/DB) 65 181 246 161 85 Habeas Corpus Petition (DB) 1 0 1 0 1 Civil Revision (SB/DB) 558 353 911 400 511 Civil Petition U/C Act 4 0 4 2 2 Criminal Misc: Quashment 18 51 69 45 24 Criminal Bail Application 31 241 272 229 43 Suit for Recovery of Loans 0 0 0 0 0 Original Suit 1 1 2 2 0 Execution Application 5 2 7 6 1 Contempt Application 12 28 40 15 25 Review Petition/Appeal 3 9 12 12 0 Election Petition/Appeals 15 4 19 4 15 Civil/Criminal Transfer Application 16 34 50 28 22 Suo Moto Reference 0 3 3 3 0 Insolvency Petition/Appeal 0 0 0 0 0 Criminal Civil Original Complaint 1 0 1 0 1 Murder Reference 15 29 44 15 29 Admirality Suit 0 0 0 0 0 Criminal Appeal/Jail Appeal 458 497 955 536 419 High Court Appeal 36 15 51 19 32 Regular First Appeal 152 84 236 35 201 Regular Second Appeal 11 2 13 3 10 First Appeal Orders 104 72 176 123 53 Succession Appeal 2 0 2 2 0 Civil Misc. Appeal 12 26 38 24 14 Custom Appeal 15 24 39 13 26 Criminal Reference 0 0 0 0 0 FamilyAppeal 40413 Guardian Appeal 1 1 2 1 1 Admirality Appeal 0 0 0 0 0 Special Criminal Banking Appeal 3 0 3 0 3 Criminal Ehtisab Appeal 101 17 118 37 81 Income Tax Appeal 17 3 20 0 20 Inter Court Appeal 1 0 1 1 0 Sales Tax Appeal 4 1 5 0 5 Civil Misc. Application 80 1,087 1,167 1,145 22 Criminal Appeal (ATA) 145 71 216 88 128 I.R.O 244 1 245 245 0 Labour Appeal 86 65 151 115 36 Cr. Misc. Application 0 13 13 13 0 Total 2,731 3,562 6,293 3,974 2,319

68 High Court of Balochistan Annual Report 2003 5.3 High Court of Balochistan, Bench at Sibi: Statement Showing Category-wise Pendency, Institution and Disposal of Cases for the Year, 2003

Institution Disposal Pendency on 01.01.2003 01.01.2003 Balance on Category of Cases 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 Murder Reference 17 15 32 7 25 Criminal Appeal/Crl: Acq Appeal 97 119 216 154 62 Criminal Revision 15 28 43 18 25 Criminal Jail Appeal 43 59 102 63 39 Transfer Application 0 10 10 10 0 Bail Application 5 69 74 74 0 Criminal Misc. Quashment 12 5 17 17 0 HabeasCorpus 12330 Civil Appeal 6 3 9 8 1 Civil Revision 32 47 79 66 13 R.F.A. 81963 R.S.A 0 1 1 0 1 C.P. 53 85 138 95 43 Contempt Application 2 5 7 7 0 F.A.O. 11220 Criminal Reference 0 0 0 0 0 Suo Moto Reference 0 0 0 0 0 ATA Murder Reference 19 8 27 10 17 ATA Appeal 35 15 50 31 19 Criminal Jail Revision 2 7 9 8 1 Custom Appeal 0 1 1 1 0 High Court Appeal 0 4 4 0 4 ATA Jail Appeal 0 5 5 0 5 Total 348 490 838 580 258

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70 High Court of Balochistan Annual Report 2003 THE SUBORDINATE JUDICIARY OF BALOCHISTAN (JUDICIAL ACTIVITY)

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72 High Court of Balochistan Annual Report 2003 6 THE SUBORDINATE JUDICIARY OF BALOCHISTAN: JUDICIAL ACTIVITY DURING 2003

6.1 Consolidated Statement for the Entire Subordinate Judiciary of Balochistan

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 Quetta 2384 7657 10041 7644 2397 Pishin 256 1257 1513 1226 287 Loralai 179 1487 1666 1470 196 Zhob 162 529 691 624 67 Sibi 379 1613 1992 1573 419 Usta Muhammad 132 461 593 468 125 Dera Allah Yar 200 852 1052 781 271 Dera Murad Jamali 166 684 850 689 161 Mussa Khail 16 136 152 142 10 Khuzdar 114 1519 1633 1444 189 Kalat 179 1089 1268 1043 225 Nushki 100 576 676 549 127 Turbat 445 2323 2768 2168 600 Hub 257 933 1190 888 302 Kharan 166 613 779 550 229 Grand Total 5135 21729 26864 21259 5605 Institution Disposal & Pendency during 2003

9000

8000

Institution 7000 Disposal

Balance 6000

5000

4000

3000

2000

1000

0 Sibi Hub Kalat Zhob Pishin Turbat Nushki Quetta Loralai Kharan Khuzdar Mussa Khail Mussa Dera Allah Yar Allah Dera Usta Muhammad Dera Murad Jamali Murad Dera

High Court of Balochistan Annual Report 2003: 73 6.2 Consolidated Statement for Sessions Courts Balochistan

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 Quetta 773 2476 3249 2576 673 Pishin 132 493 625 529 96 Loralai 59 323 382 309 73 Zhob 58 206 264 236 28 Sibi 221 633 854 607 247 Usta Muhammad 90 221 311 221 90 Dera Allah Yar 64 432 496 405 91 Dera Murad Jamali 99 324 423 347 76 Musa Khail 7 30 37 37 0 Khuzdar 9 214 223 196 27 Kalat 102 249 351 260 91 Nushki 27 126 153 119 34 Turbat 99 451 550 406 144 Hub 108 491 599 429 170 Kharan 10 83 93 81 12 Grand Total 1858 6752 8610 6758 1852

6.3 Consolidated Statement for Civil Judges, Judicial Magistrates and Qazis (SCJ=Senior Civil Judge, CJ=Civil Judge, JM=Judicial Magistrate, MMS=Member Majlis-e-Shoora)

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 Quetta 1611 5181 6792 5068 1724 Pishin 124 764 888 697 191 Loralai 120 1164 1284 1161 123 Zhob 104 323 427 388 39 Sibi 158 980 1138 966 172 Usta Muhammad 42 240 282 247 35 Dera Allah Yar 136 420 556 376 180 Dera Murad Jamali 67 360 427 342 85 Mussa Khail 9 106 115 105 10 Khuzdar 105 1305 1410 1248 162 Kalat 77 840 917 783 134 Nushki 73 450 523 430 93 Turbat 346 1872 2218 1762 456 Hub 149 442 591 459 132 Kharan 156 530 686 469 217 Grand Total 3277 14977 18254 14501 3753

74 High Court of Balochistan Annual Report 2003 6.4 Statements Showing Category-wise Pendency, Institution and Dis- posal of Cases for the Subordinate Judiciary for the Year, 2003 rvosPnig 6726682 54 5 13 5 2181 23 18242 41 55 622262 1147 12 27 81 5135 2 1 0 10 10 217 212 249 58 1 622 1 384 70 0 10 36 216 191 42 43 573 552 22 831 145 342 1735 21 31 14 263 71 11 10 22 179 753 174 760 1364 1521 1561 1091 91 193 172 139 5 9 2 623 146 154 152 27 1111 15 1138 775 226 839 52 109 113 252 183 572 566 1152 26 116 4793 111 12 13 57 4 11 16 35 18 199 125 11 157 20 902 948 34 58 3454 3625 378 0 26 12 590 11 11 204 33 1168 164 190 8 0 18 16 19 22 51 0 805 333 339 1038 933 528 548 9 115 28 27 4 8 4 294 11 7 7 760 571 607 64 991 39 986 694 29 674 6652375451269167 42 63 44 82 3362 6 228 743 203 0 3427 593 12 609 Total 55 198 17 23 52 14 32 259 22 2817 33 2704 506 497 Disposal 2762 2810 91 151 47 15 66Total 5223947234845624536235012 22 658 246 617 Institution Previous Pending. 10 9 11 12131415 8 7 16 6 171819 5 4 3 202122 2 23 24 251 2627 28 29 30 31 32 3334 35 36 373839 40 41 424344 45 Sessions Cases P.P.C

Murder Cases PENDENCY OF CASES IN SUBORDINATE COURTS DURING THE YEAR, 2003 OF BALOCHISTAN PROVINCE

Qisas & Diyat

S.T.A.

Arms STA

Murder STA

C.N.S

Hadd Cases

Prohibation

Hadood Cases

Complaint

Arms Cases

Explosive

39 Act

Foreign Exchange Act

Criminal Appeal

Criminal Revision

Customs Cases

Gambling Act

Minor Act

F.I.A.

Anti:Dist Police 39205 623 13 1 5 567 1 83 3 93 5605 0 0 33 49 239 5 33 78 214 70 6 25 253 316 30 51 30 2 36 58 250 1339

Civil Suit

Family Cases

Family Appeal

Arbitration

Insolvency

Rent

Succession

Guardian

Execution

Civil Appeal

Civil Revisions

Land Acq:

Eviction

Miscellaneous

Others

Contempt Appeal

Election petition

I.R.O, 1969

W.P. Shops

Weight & M, 1977

Payment of Wages

Factrories Act 6864 59 29 Total

High Court of Balochistan Annual Report 2003: 75 PENDENCY OF CASES IN SUBORDINATE COURTS DURING THE YEAR, 2003 OF BALOCHISTAN PROVINCE 1 2 3 4 5 6 7 8 9 1011121314151617181920212223242526272829303132333435363738394041424344 45 Sessions Divisions Sessions Cases P.P.C Cases Sessions Murder Cases Diyat & Qisas S.T.A. Arms STA Murder STA C.N.S Hadd Cases Prohibation Hadood Cases Complaint Cases Arms Explosive 39 Act Foreign Exchange Act Criminal Appeal Criminal Revision Cases Customs Gambling Act Minor Act F.I.A. Police Anti:Dist Civil Suit Cases Family Family Appeal Arbitration Insolvency Rent Succession Guardian Execution Civil Appeal Revisions Civil Land Acq: Eviction Miscellaneous Others Contempt Appeal Election petition I.R.O, 1969 W.P. Shops Weight & M, 1977 Payment of Wages Factrories Act Total

Quetta 301391933 009221056165554018182501304570791931224162817812921664571760207473300 2397

Pishin 41 3 57 0 0 0 7 0 0 9 0 12 0 0 3 0 1 0 0 2 0 0 65 5 1 4 0 0 0 0 19 0 0 0 3 20 30 5 0 0 0 0 0 0 287

Loralai 2517130 00 1 8 0 4 1 6000 4 901 100567 0 00 2 4 1 199 10 0 5 101 0 0 000 196

Zhob 4 3 1 0 02 3 0 0 0 0 2000 1 000 000331 1 00 0 1 0 4 5 00 0 6 000 0 0 000 67

Khuzdar 315 210 12 5 6 0 9 0 9000 4 000 000549 5 00 1 0 0 151000 0 2 000 0 0 000 189

Kalat 27 19 30 6 2 3 1 1 2 16 8 11 1 0 0 0 2 3 0 0 0 8 27 32 5 0 0 0 6 0 6 2 0 0 0 7 0 0 0 0 0 0 0 0 225

Nushki 190 9 0 00 7 3 0 0 0 6001 4 000 1900343 1 00000 8 0202 30600 0000127

Turbat 48217 0 3022 1 52161600110720 00020074200027038340002924020 0000600

Hub 36535000213 2140140003050000392200131914000430160322000302

Kharan 3 3 9 0 00 0 2 0 0 1 1000 -1400 000142310 00 0 0 0 71000 0 12500 0 0 000 229

Sibi 5352590 00 1 15164094420013011 000583 1 00 0100 51900 1 16000 0 0 000 419

Usta Mohammad 1526130 01 0 1 115020000 3 100 000111 2 10 0 1 0 4 6 10 0 2 000 0 0 000 125

Dera Allah Yar 34 19 79 3 0 1 7 3 23 40 2 29 0 0 0 1 1 0 0 0 0 0 14 1 0 0 0 0 1 0 3 6 0 0 0 4 0 0 0 0 0 0 0 0 271

Dera Murad Jamali 26 25 19 0 0 0 0 2 3 15 0 900022000003221000201 9000 81020 0000161

Musa Khail 2 0 0 0 0 0 0 0 0 0 4 000000000004 00000000 0000 00000 0000 10

Total 66523754512691676652239472348456245362350121339 250 58 36 2 30 51 30 316 253 25 6 70 214 78 33 5 239 49 33 0 0 5605 High Court of Balochistan Annual Report 2003 76 77

PENDENCY OF CASES IN SUBORDINATE COURTS FOR THE YEAR, 2003 OF BALOCHISTAN PROVINCE 1 2 3 4 5 6 7 8 9 1011121314151617181920212223242526272829303132333435363738394041424344 45 Designation of Presiding Officer Sessions Cases Cases Sessions P.P.C Murder Cases Diyat & Qisas S.T.A. Arms STA Murder STA C.N.S Hadd Cases Prohibation Hadood Cases Complaint Cases Arms Explosive 39 Act Foreign Exchange Act Criminal Appeal Criminal Revision Cases Customs Gambling Act Minor Act F.I.A. Police Anti:Dist Civil Suit Family Cases Family Appeal Arbitration Insolvency Rent Succession Guardian Execution Civil Appeal Revisions Civil Land Acq: Eviction Miscellaneous Others Contempt Appeal Election petition I.R.O, 1969 W.P. Shops Weight & M, 1977 Payment of Wages Factrories Act Total Quetta District

Pending 260303479 3474420 6425669051213500 005269312311124352316992222747743204270581002384

Institution 988 31 787 2 1 3 234 45 0 104 724 140 0 5 11 139 117 27 7 58 11 4 1084 333 49 12 3 68 250 90 286 420 105 9 96 180 324 6 0 193 549 162 0 0 7657

Total 1248 61 1134 11 4 7 308 87 0 168 749 206 9 5 16 151 130 32 7 58 11 4 1610 426 61 43 14 92 285 113 455 512 127 11 170 257 367 8 0 235 619 220 10 0 10041

Disposal 947 22 941 8 4 7 216 66 0 112 733 151 4 1 16 133 112 7 7 45 11 0 1040 347 42 12 12 68 269 85 277 383 106 5 106 200 350 2 0 28 572 187 10 0 7644

Balance 301 39 193 3 0 0 92 21 0 56 16 55 540181825013045707919312241628178129216645717602074733002397

Pishin District

Pending 27 14 49 1 1 1 5 0 0 16 0 7 0 0 0 1 1 0 0 0 0 0 35 1 0 3 0 0 4 0 8 38 1 0 6 3 15 1 18 0 0 0 0 0 256

Institution 162 12 297 0 1 0 50 1 0 33 2 41 0 0 4 13 12 0 0 29 0 0 95 28 5 4 0 0 24 7 39 22 17 0 7 167 180 5 0 0 0 0 0 0 1257

Total 189 26 346 1 2 1 55 1 0 49 2 48 0 0 4 14 13 0 0 29 0 0 130 29 5 7 0 0 28 7 47 60 18 0 13 170 195 6 18 0 0 0 0 0 1513

Disposal 148 23 289 1 2 1 48 1 0 40 2 36 0 0 1 14 12 0 0 27 0 0 65 24 4 3 0 0 28 7 28 60 18 0 10 150 165 1 18 0 0 0 0 0 1226

Balance 41 3 57 0 0 0 7 0 0 9 0 12 0 0 3 0 1 0 0 2 0 0 65 5 1 4 0 0 0 0 19 0 0 0 3 20 30 5 0 0 0 0 0 0 287

Loralai District

Pending 36107 0000 6 0 5 1 80009 700 1 00691 0 003 0 0 4 6 000 2 1030 0 000 179

Institution 295 41 141 0 0 0 26 28 0 15 8 36 2 1 0 47 32 1 4 20 0 0 257 37 0 0 0 9 23 3 66 67 5 0 23 261 37 0 2 0 0 0 0 0 1487

Total 331 51 148 0 0 0 26 34 0 20 9 44 2 1 0 56 39 1 4 21 0 0 326 38 0 0 0 12 23 3 70 73 5 0 23 263 38 0 5 0 0 0 0 0 1666 High Court of Balochistan Annual Report 2003:

Disposal 306 34 135 0 0 0 25 26 0 16 8 38 2 1 0 52 30 1 3 20 0 0 270 31 0 0 0 10 19 2 51 64 4 0 23 258 37 0 4 0 0 0 0 0 1470

Balance 25 17 13 0 0 0 1 8 0 4 1 6 0 0 0 4 9 0 1 1 0 0 56 7 0 0 0 2 4 1 19 9 1 0 0 5 1 0 1 0 0 0 0 0 196

Zhob District

Pending 61 14 10 2 0 2 4 1 10 14 3 5 0 0 0 0 1 0 0 0 0 0 27 0 0 0 0 3 1 0 2 1 1 0 0 0 0 0 0 0 0 0 0 0 162

Institution 69 7 28 0 0 0 38 0 0 33 7 12 0 0 0 16 9 0 0 0 0 0 59 4 1 0 0 9 41 0 17 18 4 0 0 118 39 0 0 0 0 0 0 0 529

Total 13021382 02421 104710170001610000 00864 1 0 012420 19195 0 01183900 0 0 0 00 691

Disposal 12618372 00391 104710150001510000 00533 0 0 012410 15145 0 01123900 0 0 0 00 624

Balance 4 3 1 0 0 2 3 0 0 0 0 2 0 0 0 1 0 0 0 0 0 0 33 1 1 0 0 0 1 0 4 5 0 0 0 6 0 0 0 0 0 0 0 0 67 PENDENCY OF CASES IN SUBORDINATE COURTS FOR THE YEAR, 2003 OF BALOCHISTAN PROVINCE 1 2 3 4 5 6 7 8 9 1011121314151617181920212223242526272829303132333435363738394041424344 45 Designation of Presiding Officer Sessions Cases Cases Sessions P.P.C Murder Cases Diyat & Qisas S.T.A. Arms STA Murder STA C.N.S Cases Hadd Prohibation Cases Hadood Complaint Cases Arms Explosive 39 Act Foreign Exchange Act Criminal Appeal Criminal Revision Cases Customs Gambling Act Minor Act F.I.A. Police Anti:Dist Civil Suit Family Cases Family Appeal Arbitration Insolvency Rent Succession Guardian Execution Civil Appeal Revisions Civil Land Acq: Eviction Miscellaneous Others Contempt Appeal petition Election 1969 I.R.O, W.P. Shops Weight & M, 1977 Payment of Wages Factrories Act Total Khuzdar District

Pending 155 100 002 0 0 4 0 4000 0 000 3 00444 0 000 0 0 158 000 0 0000 0 000 114

Institution 182 35 176 2 3 4 26 12 1 18 2 21 0 0 0 45 16 2 0 0 0 0 460 100 22 0 0 3 10 4 111 108 0 0 0 136 19 0 0 0 0 0 0 0 1518

Total 197401862 3428121 222 250004516203 00504104220 0 3 1041261160 0 01361900 0 0 0 001632

Disposal 166 35 165 2 2 2 23 6 1 13 2 16 0 0 0 41 16 2 0 3 0 0 450 95 17 0 0 2 10 4 111 106 0 0 0 134 19 0 0 0 0 0 0 0 1443

Balance 31 5 21 0 1 2 5 6 0 9 0 9 0 0 0 4 0 0 0 0 0 0 54 9 5 0 0 1 0 0 15 10 0 0 0 2 0 0 0 0 0 0 0 0 189

Kalat District

Pending 11 20 22 0 0 7 2 12 0 26 2 8 0 0 0 4 3 0 0 0 0 0 42 5 0 0 0 0 2 0 6 7 0 0 0 0 0 0 0 0 0 0 0 0 179

Institution 155 48 146 7 4 0 29 11 2 43 36 16 1 0 1 20 13 5 0 0 0 8 229 64 14 0 0 0 26 0 41 79 0 0 0 90 1 0 0 0 0 0 0 0 1089

Total 166 68 168 7 4 7 31 23 2 69 38 24 1 0 1 24 16 5 0 0 0 8 271 69 14 0 0 0 28 0 47 86 0 0 0 90 1 0 0 0 0 0 0 0 1268

Disposal 139 49 138 1 2 4 30 22 0 53 30 13 0 0 1 24 14 2 0 0 0 0 244 37 9 0 0 0 22 0 41 84 0 0 0 83 1 0 0 0 0 0 0 0 1043

Balance 2719306 23 1 1 2 168 11100 0 2 30 0 0827325 0 0 0 6 0 6 2 0 0 0 7 0 00 0 0 0 00 225

Nushki District

Pending 8 4 22 0 0 0 8 0 0 0 5 1 0 0 0 0 0 0 0 5 0 0 22 2 4 0 0 0 0 0 7 1 0 0 6 3 0 1 1 0 0 0 0 0 100

Institution 44 12 57 0 0 0 23 8 0 0 11 11 2 1 10 26 11 2 0 81 0 0 122 22 4 0 0 0 4 0 22 28 6 0 38 22 0 9 0 0 0 0 0 0 576

Total 52 16 79 0 0 0 31 8 0 0 16 12 2 1 10 26 11 2 0 86 0 0 144 24 8 0 0 0 4 0 29 29 6 0 44 25 0 10 1 0 0 0 0 0 676

Disposal 33 16 70 0 0 0 24 5 0 0 16 6 2 1 9 22 11 2 0 67 0 0 110 21 7 0 0 0 4 0 21 29 4 0 42 22 0 4 1 0 0 0 0 0 549

Balance 19 0 9 0 0 0 7 3 0 0 0 6 0 0 1 4 0 0 0 19 0 0 34 3 1 0 0 0 0 0 8 0 2 0 2 3 0 6 0 0 0 0 0 0 127

District Turbat

Pending 38 15 18 0 0 0 24 0 4 13 3 12 0 0 1 8 3 1 0 0 0 0 186 74 6 0 0 2 3 2 9 10 0 0 4 3 6 0 0 0 0 0 0 0 445

Institution 264 30 103 0 4 0 79 9 7 43 14 69 0 0 1 61 31 3 1 0 0 0 598 200 42 0 0 7 68 0 157 175 0 0 0 228 125 0 4 0 0 0 0 0 2323

Total 302 45 121 0 4 0 103 9 11 56 17 81 0 0 2 69 34 4 1 0 0 0 784 274 48 0 0 9 71 2 166 185 0 0 4 231 131 0 4 0 0 0 0 0 2768

Disposal 254241140 10818 6 3511650015927210 00584200280 0 7 6421281510 0 4202107020 0 0 002168

Balance 48217 0 30221 5 216 16001107 20 0 0020074200 0 2 7 0 38340 0 0 292402 0 0 0 00 600 High Court of Balochistan Annual Report 2003 78 79

PENDENCY OF CASES IN SUBORDINATE COURTS FOR THE YEAR, 2003 OF BALOCHISTAN PROVINCE 1 2 3 4 5 6 7 8 9 1011121314151617181920212223242526272829303132333435363738394041424344 45 Designation of Presiding Officer Sessions Cases Cases Sessions P.P.C Murder Cases Diyat & Qisas S.T.A. Arms STA Murder STA C.N.S Cases Hadd Prohibation Cases Hadood Complaint Cases Arms Explosive 39 Act Foreign Exchange Act Criminal Appeal Criminal Revision Cases Customs Gambling Act Minor Act F.I.A. Police Anti:Dist Civil Suit Family Cases Family Appeal Arbitration Insolvency Rent Succession Guardian Execution Civil Appeal Revisions Civil Land Acq: Eviction Miscellaneous Others Contempt Appeal petition Election 1969 I.R.O, W.P. Shops Weight & M, 1977 Payment of Wages Factrories Act Total District Hub

Pending 38 5 18 0 0 0 30 1 8 3 0 4 0 0 0 0 0 0 1 0 0 0 45 5 0 0 0 2 1 1 9 2 0 0 0 67 1 16 0 0 0 0 0 0 257

Institution 66 10 166 0 0 0 68 7 3 23 4 40 0 0 0 39 15 7 0 0 0 0 100 33 3 1 0 11 18 3 25 54 1 0 0 53 0 0 1 149 3 29 0 1 933

Total 104 15 184 0 0 0 98 8 11 26 4 44 0 0 0 39 15 7 1 0 0 0 145 38 3 1 0 13 19 4 34 56 1 0 0 120 1 16 1 149 3 29 0 1 1190

Disposal 68101490 00775 9 124 300003615210 00106361 1 012163 25421 0 0 771 011171 2901 888

Balance 36 5 35 0 0 0 21 3 2 14 0 14 0 0 0 3 0 5 0 0 0 0 39 2 2 0 0 1 3 1 9 14 0 0 0 43 0 16 0 32 2 0 0 0 302

Kharan District

Pending 9 1 8 0 0 0 1 0 0 0 1 2 0 0 0 1 1 0 0 0 0 0 84 14 1 0 0 0 1 0 9 17 0 0 0 14 2 0 0 0 0 0 0 0 166

Institution 353 710 00 5 5 0 4 5 40001014000 00217475 0 0 0 9 0 34570 0 0 682000 0 0 0 00 613

Total 444 790 00 6 5 0 4 6 60001115000 00301616 0 0 0 100 43740 0 0 822200 0 0 0 00 779

Disposal 411 700 00 6 3 0 4 5 50001211000 00159306 0 0 0 100 36640 0 0 701700 0 0 0 00 550

Balance 3 3 9 0 0 0 0 2 0 0 1 1 0 0 0 -1 4 0 0 0 0 0 142 31 0 0 0 0 0 0 7 10 0 0 0 12 5 0 0 0 0 0 0 0 229

District Sibi

Pending 37 33 71 8 10 25 0 16 3 60 10 29 3 0 0 5 6 1 1 0 0 0 32 0 0 0 0 0 2 0 0 21 3 0 1 2 0 0 0 0 0 0 0 0 379

Institution 193842983 14 6 1624189110622006421210 00241353 0 1 3 552 17605 0 41070 00 0 0 0 001613 Usta Muhammad District

Total 230 117 369 11 11 29 6 32 27 249 120 91 5 0 0 69 27 3 2 0 0 0 273 35 3 0 1 3 57 2 17 81 8 0 5 109 0 0 0 0 0 0 0 0 1992 High Court of Balochistan Annual Report 2003:

Disposal 177 65 310 11 11 29 5 17 11 209 111 47 3 0 0 56 27 2 1 0 0 0 215 32 2 0 1 3 47 2 12 62 8 0 4 93 0 0 0 0 0 0 0 0 1573

Balance 53 52 59 0 0 0 1 15 16 40 9 44 2 0 0 13 0 1 1 0 0 0 58 3 1 0 0 0 10 0 5 19 0 0 1 16 0 0 0 0 0 0 0 0 419

Pending 17 30 13 0 0 4 0 2 1 15 0 21 0 0 0 1 0 0 0 0 0 0 11 3 0 0 0 0 3 0 5 6 0 0 0 0 0 0 0 0 0 0 0 0 132

Institution 48 46 71 0 0 0 0 35 14 30 0 52 0 0 0 38 25 0 0 0 0 0 26 18 2 1 0 1 6 0 12 5 5 0 4 13 2 2 5 0 0 0 0 0 461

Total 6576840 04 0 3715450 730003925000 0037212 1 0 1 9 0 17115 0 4 132 25 0 0 0 00 593

Disposal 5050710 03 0 3614300 530003624000 0026200 0 0 1 8 0 135 4 0 4 112 25 0 0 0 00 468

Balance 15 26 13 0 0 1 0 1 1 15 0 20 0 0 0 3 1 0 0 0 0 0 11 1 2 1 0 0 1 0 4 6 1 0 0 2 0 0 0 0 0 0 0 0 125 PENDENCY OF CASES IN SUBORDINATE COURTS FOR THE YEAR, 2003 OF BALOCHISTAN PROVINCE 1 2 3 4 5 6 7 8 9 1011121314151617181920212223242526272829303132333435363738394041424344 45 Designation of Presiding Officer Sessions Cases Cases Sessions P.P.C Cases Murder Diyat & Qisas S.T.A. Arms STA Murder STA C.N.S Cases Hadd Prohibation Hadood Cases Complaint Cases Arms Explosive 39 Act Foreign Exchange Act Criminal Appeal Criminal Revision Cases Customs Gambling Act Minor Act F.I.A. Police Anti:Dist Civil Suit Family Cases Family Appeal Arbitration Insolvency Rent Succession Guardian Execution Civil Appeal Revisions Civil Land Acq: Eviction Miscellaneous Others Contempt Appeal Election petition 1969 I.R.O, W.P. Shops Weight & M, 1977 Payment of Wages Factrories Act Total District Dera Allah Yar

Pending 34 17 53 2 1 4 1 4 6 26 0 6 0 0 0 1 2 0 2 0 0 0 23 2 2 0 0 0 2 0 4 8 0 0 0 0 0 0 0 0 0 0 0 0 200

Institution 83542576 03201425875 620002414220 00259 5 0 0 0 204 6 193 0 0 911200 0 0 0 00 852

Total 117713108 172118311135 680002516240 0048117 0 0 0 224 10273 0 0 911200 0 0 0 001052

Disposal 83522315 1614158 733 390002415240 0034107 0 0 0 214 7 213 0 0 871200 0 0 0 00 781

Balance 34 19 79 3 0 1 7 3 23 40 2 29 0 0 0 1 1 0 0 0 0 0 14 1 0 0 0 0 1 0 3 6 0 0 0 4 0 0 0 0 0 0 0 0 271

District Dera Murad Jamali

Pending 23 45 10 0 0 0 0 6 1 11 0 22 0 0 0 0 2 0 0 0 0 0 22 0 1 0 0 1 2 0 5 9 0 0 0 2 3 1 0 0 0 0 0 0 166

Institution 203 81 106 2 0 3 3 11 6 52 0 35 0 1 0 6 8 0 1 2 0 0 83 15 2 0 0 0 10 0 6 24 0 0 0 21 1 0 2 0 0 0 0 0 684

Total 226 126 116 2 0 3 3 17 7 63 0 57 0 1 0 6 10 0 1 2 0 0 105 15 3 0 0 1 12 0 11 33 0 0 0 23 4 1 2 0 0 0 0 0 850

Disposal 200 101 97 2 0 3 3 15 4 48 0 48 0 1 0 4 8 0 1 2 0 0 73 13 2 0 0 1 10 0 10 24 0 0 0 15 3 1 0 0 0 0 0 0 689

Balance 26 25 19 0 0 0 0 2 3 15 0 9 0 0 0 2 2 0 0 0 0 0 32 2 1 0 0 0 2 0 1 9 0 0 0 8 1 0 2 0 0 0 0 0 161

Musa Khail District

Pending 3 3 0 0000 1 02230000 0000000 0 000010 0 0000 1 0000 0 000 16

Institution 23 3 0 0 0 0 2 1 0 0 58 6 0 0 0 0 1 0 0 0 0 0 29 3 0 0 0 0 2 0 0 2 1 0 0 6 0 0 0 0 0 0 0 0 137

Total 266 0 0002 2 0 26090000 100000293 0000 3 0 0 2 100 7 0000 0 000153

Disposal 24 6 0 0 0 0 2 2 0 2 56 9 0 0 0 0 1 0 0 0 0 0 25 3 0 0 0 0 3 0 0 2 1 0 0 7 0 0 0 0 0 0 0 0 143

Balance 2 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 High Court of Balochistan Annual Report 2003 80 6.5 District-wise Consolidated Statements for the Subordinate Judi- ciary

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 QUETTA Sessions Judge Quetta 89 192 281 193 88 Sessions Judge (Adhoc) Quetta 13 21 34 22 12 Additional Sessions Judge-I Quetta 123 306 429 375 54 Additional Sessions Judge-II Quetta 89 245 334 221 113 Additional Sessions Judge-III Quetta 134 302 436 333 103 Additional Sessions Judge-IV Quetta 67 333 400 319 81 Additional Sessions Judge-V Quetta 102 266 368 257 111 Senior Civil Judge-I Quetta 182 353 535 302 233 Senior Civil Judge-II Quetta 224 196 420 205 215 Civil Judge-II Quetta 199 513 712 433 279 Civil Judge-III Quetta 165 451 616 463 153 Civil Judge-IV Quetta 178 185 363 334 29 Civil Judge-V Quetta 143 636 779 494 285 Judicial Magistrate-I Quetta 93 339 432 336 96 Judicial Magistrate-II Quetta 43 286 329 252 77 Judicial Magistrate-III Quetta 77 441 518 460 58 Judicial Magistrate-IV Quetta 66 1080 1146 1061 85 Judicial Magistrate-V Quetta 98 365 463 374 89 Judicial Magistrate Ziarat 1 21 22 21 1 Special Judge Anticorruption 60 39 99 60 39 P.O Ist Labour Court 93 723 816 774 42 Accountability Court-I Quetta 1 10 11 7 4 Accountability Court-II Quetta 2 17 19 15 4 Additional Magistrate-1 Quetta 48 1 49 49 0 Additional Magistrate-II Quetta 56 111 167 95 72 Judicial Magistrate-VI Quetta 38 189 227 189 38 Civil Judge-I Quetta 0 14 14 0 14 Chairman Drug Court 0 22 22 0 22 Grand Total 2384 7657 10041 7644 2397

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 PISHIN Sessions Judge Pishin 84 259 343 285 58 Additional Sessions Judge Pishin 48 234 282 244 38 Senior Civil Judge Pishin 33 155 188 136 52 Judicial Magistrate Pishin 13 271 284 262 22 Civil Judge Chaman 16 69 85 42 43 Judicial Magistrate Chaman 57 220 277 214 63 Judicial Magistrate Khanozai 3 18 21 15 6 Judicial Magistrate Barshore 0 8 8 7 1 Judicial Magistrate Killa Abdullah 2 23 25 21 4 Grand Total 256 1257 1513 1226 287

High Court of Balochistan Annual Report 2003: 81 Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 LORALAI Sessions Judge Loralai 59 323 382 309 73 Civil Judge Loralai 29 91 120 84 36 Judicial Magistrate Loralai 12 373 385 377 8 Judicial Magistrate Duki/Sanjavi 7 50 57 53 4 Judicial Magistrate Barkhan 12 196 208 204 4 Judicial Magistrate Killa Saif Ullah 6 37 43 43 0 Judicial Magistrate Muslim Bagh 1 44 45 36 9 Majlis-e-Shoora Loralai 4 62 66 54 12 Majlis-e-Shoora Barkhan 1 15 16 14 2 Qazi Killa Saifullah 1 6 7 7 0 Qazi Muslim Bagh 3 51 54 36 18 Qazi Bori/Sanjavi 20 91 111 85 26 Qazi Barkhan 24 148 172 168 4 Grand Total 179 1487 1666 1470 196

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 ZHOB Sessions Judge Zhob 58 206 264 236 28 Judicial Magistrate Zhob 55 228 283 276 7 Judicial Magistrate Sherani 23 9 32 31 1 Majlis-e-Shoora Zhob 21 27 48 30 18 Qazi Zhob 5 59 64 51 13 Grand Total 162 529 691 624 67

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 KHUZDAR Sessions Judge Khuzdar 4 177 181 157 24 Additional Sessions Judge Khuzdar 5 37 42 39 3 Judicial Magistrate Khuzdar 1 172 173 124 49 Judicial Magistrate Awaran 2 57 59 55 4 Additional Judicial Magistrate Khuzdar 0 178 178 178 0 Majlis-e-Shoora Khuzdar 12 126 138 120 18 Qazi Khuzdar 38 282 320 242 78 Additional Qazi Khuzdar 42 138 180 180 0 Qazi Awaran 0 208 208 201 7 Qazi Mashkai 10 144 154 148 6 Grand Total 114 1519 1633 1444 189

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 KALAT AT MASTUNG Sessions Judge Mastung 63 169 232 157 75 Additional Sessions Judge Mastung 39 80 119 103 16 Judicial Magistrate Mastung 7 134 141 126 15

82 High Court of Balochistan Annual Report 2003 Judicial Magistrate Kalat 7 110 117 97 20 Judicial Magistrate Dasht 3 18 21 13 8 Judicial Magistrate Soorab 0 56 56 52 4 Majlis-e-Shoora Kalat at Mastung 8 87 95 94 1 Qazi Sarawan 9 111 120 109 11 Qazi Soorab 14 166 180 155 25 Qazi Kalat 29 132 161 132 29 Qazi Dasht Mastung 0 26 26 5 21 Grand Total 179 1089 1268 1043 225

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 NUSHKI Sessions Judge Nushki 27 126 153 119 34 Civil Judge Nushki 17 51 68 55 13 Judicial Magistrate Nushki 17 62 79 66 13 Judicial Magistrate Dalbandin 9 60 69 66 3 Judicial Magistrate Taftan 2 36 38 31 7 Majlis-e-Shoora Nushki 6 17 23 18 5 Qazi Dalbandin 22 224 246 194 52 Grand Total 100 576 676 549 127

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 TURBAT Sessions Judge Turbat 83 271 354 244 110 Additional Sessions Judge Turbat 0 0 0 0 0 Additional Sessions Judge Panjgoor 16 180 196 162 34 Judicial Magistrate Turbat 20 141 161 130 31 Judicial Magistrate Panjgoor 18 145 163 149 14 Judicial Magistrate Gawadar 3 71 74 70 4 Judicial Magistrate Tump 13 29 42 41 1 Judicial Magistrate Pasni 2 73 75 65 10 Majlis-e-Shoora Turbat 28 155 183 139 44 Majlis-e-Shoora Turbat at Panjgoor 11 29 40 32 8 Qazi Turbat 103 338 441 354 87 Qazi Gawadar 38 290 328 237 91 Qazi Panjgoor 34 165 199 150 49 Qazi Tump 17 124 141 120 21 Qazi Pasni 8 133 141 112 29 Qazi Dasht 10 25 35 26 9 Qazi Dasht at Turbat 41 154 195 137 58 Grand Total 445 2323 2768 2168 600

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 HUB Sessions Judge Hub 9 253 262 196 66 Additional Sessions Judge Hub 27 55 82 65 17 P.O. IIIrd Labour Court Hub 72 183 255 168 87

High Court of Balochistan Annual Report 2003: 83 Judicial Magistrate Hub 66 118 184 128 56 Judicial Magistrate Bela 14 78 92 83 9 Civil Judge Hub 30 70 100 82 18 Majlis-e-Shoora Lasbella 2 51 53 42 11 Qazi Lasbella at Uthal 37 125 162 124 38 Grand Total 257 933 1190 888 302

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 KHARAN Sessions Judge Kharan 10 83 93 81 12 Judicial Magistrate Kharan 11 56 67 63 4 Judicial Magistrate Basima 5 44 49 43 6 Judicial Magistrate Mashkail 3 23 26 20 6 Majlis-e-Shoora Kharan 18 66 84 73 11 Qazi Kharan 104 277 381 202 179 Qazi Basima 15 64 79 68 11 Grand Total 166 613 779 550 229

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 USTA MUHAMMAD Sessions Judge Usta Mohammad 90 221 311 221 90 Judicial Magistrate Usta Mohammad 26 124 150 135 15 Civil Judge Usta Mohammad 16 116 132 112 20 Grand Total 132 461 593 468 125

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 MUSA KHAIL Sessions Judge Mussa Khail 7 30 37 37 0 Judicial Magistrate Musa Khail 6 76 82 76 6 Majlis-e-Shoora Musa Khail 0 7 7 7 0 Qazi Musa Khail 3 23 26 22 4 Grand Total 16 136 152 142 10

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 SIBI Sessions Judge Sibi 120 216 336 279 57 Additional Sessions Judge-1 Sibi 83 152 235 177 58 P.O. IInd Labour Court Sibi 18 118 136 70 66 Senior Civil Judge Sibi 10 92 102 91 11 Judicial Magistrate Sibi 34 266 300 227 73 Judicial Magistrate Harnai 10 61 71 67 4 Judicial Magistrate Kholu 7 55 62 61 1 Judicial Magistrate Dhadar 21 56 77 69 8 Judicial Magistrate Bhag 19 92 111 107 4

84 High Court of Balochistan Annual Report 2003 Judicial Magistrate Mach 6 56 62 53 9 Civil Judge Mach 2 17 19 13 6 Civil Judge Hernai 1 11 12 10 2 Judicial Magistrate Sui 3 15 18 8 10 Additional Sessions Judge-II Sibi 0 147 147 81 66 Majlis-e-Shoora Sibi 14 26 40 25 15 Qazi Lehri at Dhader 4 52 56 47 9 Qazi Kohlu 23 139 162 148 14 Qazi Bhag 4 42 46 40 6 Qazi Dera Bughti 0 0 0 0 0 Grand Total 379 1613 1992 1573 419

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 DERA ALLAH YAR Sessions Judge Dera Allah Yar 35 385 420 341 79 Additional Sessions Judge Dera Allah Yar 29 47 76 64 12 Judicial Magistrate Dera Allah Yar 115 344 459 287 172 Senior Civil Judge Dera Allah Yar 21 76 97 89 8 Grand Total 200 852 1052 781 271

Institution Disposal Pending Pendency on 01.01.2003 01.01.2003 Balance on Court 01.01.2003 to 31.12.2003 Total to 31.12.2003 31.12.2003 DERA MURAD JAMALI Sessions Judge Dera Murad Jamali 44 215 259 209 50 Additional Sessions Judge D.M. Jamali 55 109 164 138 26 Judicial Magistrate Dera Murad Jamali 16 199 215 189 26 Judicial Magistrate Gandawa 6 17 23 22 1 Judicial Magistrate Chattar 2 5 7 7 0 Majlis-e-Shoora Nasirabad 8 24 32 23 9 Qazi Gandawa 7 20 27 18 9 Qazi Dera Murad Jamali 28 95 123 83 40 Grand Total 166 684 850 689 161

High Court of Balochistan Annual Report 2003: 85 THIS PAGE BLANK

86 High Court of Balochistan Annual Report 2003 Delay Reduction and Performance Incentives

High Court of Balochistan Annual Report 2003: 87 THIS PAGE BLANK

88 High Court of Balochistan Annual Report 2003 7 DELAY REDUCTION AND PERFORMANCE INCENTIVES

7.1 Delay Reduction The High Court of Balochistan, prior to the initiation of the Umbrella Project titled “Strengthening of Institutional Capacity for Judicial & Legal Reform Project” financed and launched by the Asian Development Bank under TA loan and even before the introduction of “Delay Reduction” strategy under the Access to Justice Program; has taken lead in keeping the long (by time) and large (by volume) pendency to its lowest possible state, inspite of the constraint of small number of Judicial Officers with little facilities, when even the District and Sessions Judges were not having the facility of official vehicle and have to travel in public transport. However the consistent pursuance by the respective Chief Justices of the High Court has resulted into low pendency rate in almost every Court of Balochistan. Furthermore, the minutes of the meetings held under the Chairmanship of Hon’ble Chief Justice with worthy Judges of the High Court, in the Administration Committee meetings or with District Judges relating to improvement in Court performance, have always been circulated for the guidance and implementation by the subordinate Court Judges. Also, the directives received from the Hon’ble Chief Justice of Supreme Court of Pakistan as well as of the Chief Justices Committee and of National Judicial (Policy Making) Committee have been circulated for strict compliance; especially the initiative of Hon’ble Chief Justice of Pakistan for early disposal of cases pertaining to family matters, child custody, orphans, inheritance/succession, have yield fruitful results and such matters pending for quite some time with Civil Courts were disposed of on urgent basis. Therefore, the guidelines issued from time to time, have been instrumental in the control of large pendency. Likewise, pendency of cases in the High Court of Balochistan has been checked by forming Benches to decide matters of high profile relating to public concern as well as of cases of special categories like NAB, STA, ATA etc. and thus pendency in each category of cases is checked, while standing directives are available for fixation of oldest cases on priority and the daily cause lists also reflect that the oldest case is fixed at the top and latest at the bottom, so that old matters be disposed of expeditiously. However, under strict supervision through the office of Sessions Judge (Inspection) and under the able guidance of Hon’ble Chief Justice, the pendency figures in the subordinate courts is at its lowest i.e., each Judge on an average has slightly over 40 cases at his file, which is a tacit proof of the effective strategy of Delay Reduction in this province. A glimpse of the guidance issued to the subordinate judiciary for compliance is provided henceforth for a ready reference:— To All the District & Sessions Judges, Balochistan. Subject: GUIDELINES FOR SUBORDINATE JUDICIARY The following Guidelines may kindly be circulated and brought to the notice of all the Sub- ordinates Judicial Officers for ensuring expeditious dispensation of justice which should be adhered to in letter and spirit:

(1) While issuing orders for process serving a 3 day notice should be given to the plaintiﬀ for payment of process fee. (2) The Court should also consider applying alternative modes of direct service through substituted means viz: electronic devices of communication, fax, courier service and publication in the newspapers.

High Court of Balochistan Annual Report 2003: 89 (3) The Presiding Officer must ensure that all requisite documents are submitted along with the plaint at the first hearing. (4) The Presiding Officer shall ensure that written statements are filed within the stipulated period of 30 days of receipt of service. (5) Plaint and written statement should be properly scrutinized and in this respect the provisions of the CPC, High Court Rules, Orders, Administrative Instructions, issued from time to time, should be strictly followed. (6) The Court should follow and observe the requirements of Orders X to XIV with a view to narrowing down the contentious points and ascertain the real and concrete issues. (7) The Presiding Officer shall ensure that application for the issue of interrogatories are filed timely in the Court. (8) After the settlement of issue and prior to trial matters like discovery of facts through interrogatory, discoveries of production of documents and issuance of commission, where necessary, be carried out promptly and penalty should be imposed for non compliance. (9) The court after preliminary matters are settled should obtain within a period of 7 days from the parties, a certificate of readiness and thereafter the case should be listed for trial. (10) The Court should ensure that all cases fixed for hearing on a prescribed day are heard and no case is postponed without hearing. (11) Adjournment ordinarily should be refused on the request of the parties except for valid reasons. In cases of Adjournments at the request of the counsel due to appearance in a higher court it should be allowed on an application along with a copy of cause list. (12) The court should ensure that parties and their counsels fully adhere the dates given by evidence and no adjournment be granted except in very rare cases and for sound reasons. (13) All miscellaneous orders should be dictated by the presiding officer rather than the Court reader. (14) Depending upon the nature of miscellaneous applications, ordinarily such applications should not lead to stopping proceeding in the main suit. (15) Suits should not be dismissed nor restored without adequate reasons. (16) The Court should ensure that interim injunctions are granted for the shortest possible period and the matter is disposed off expeditiously after hearing both the parties. (17) The court should ensure that miscellaneous applications are heard without affecting the flow of trial proceedings. (18) All commercial cases should also be dealt as provided by Rules X of Chapter IK of the High Court Rules and Orders Vol 1. (19) The presiding officer should ensure that evidence of the witnesses who are present in the Court is recorded in one go and they are not frequently called. The court should also in appropriate cases, cause facts to be proved by affidavits, as prescribed in order 19 of the CPC. (20) The court may utilize the following provision of Affidavits as prescribed in Order XIX Rule.l of the CPC: Any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable: Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit. (21) The court should pronounce judgment within a period of 30 days after the conclusion of arguments. For any default, the High Court should be informed of the reasons for delay, through the District & Sessions Judge concerned.

90 High Court of Balochistan Annual Report 2003 (22) The District and Sessions Judges in exercise of their appellate jurisdiction must carefully scrutinize the judgments delivered by the subordinate courts. All arbitrary orders and judgments should be reported forthwith to the High Court for appropriate disciplinary action against the concerned judicial officer. (23) The District and Sessions Judges should regularly inspect and supervise the working and performance of the subordinate courts and check the cases of inefficiency, corruption and undue delays. (24) In criminal matters, the presiding officer shall ensure that Challan is submitted within the requisite period of 14 days. The court should take serious notice of negligence or undue delay/default in the timely submission of the Challan. Appropriate disciplinary action against the concerned official should also ’be recommended to the concerned Department. (25) The District and Sessions Judge should ensure that cases are fixed according to date of registration of FIR and as per date of submission of Challan. There should be no pick and choose in this respect, however the law and directions of the superior courts should be fully observed. (26) In rent cases, the courts should follow the directions given by the Hon’ble Chief Justice of Pakistan in the case Barkat Ali V. Mohammad Ehsan (C A No. 1349 of 1996) as follows: 1. Affidavit of not more than two witnesses in support of the ejectment application shall be filed in the Court in addition to the affidavit of the petitioner himself in support of the contents of the ejectment petition. 2. While replying to the ejectment application the respondent shall be similarly required to submit his own affidavit and affidavits of two other witnesses in support of his affidavit on the date fixed in the notice served upon him. 3. The parties shall be bound to produce their witnesses for purposes of their respective cross-examination on the day fixed by the Court. 4. A party obtaining the affidavit of a witness in support of his petition/reply would be bound to produce him in the Court for cross-examination and in case of its failure to do so his evidence shall be excluded from consideration. 5. Appeals against the interim orders of the Rent Controller and resort to constitutional jurisdiction against orders at immediate stages arising out of the ejectment proceedings should be discouraged. 6. The court should take serious view of the situation when witnesses to cross- examination in support of their affidavit deliberately avoid/evade appearance in Court. 7. Adjournment of ejectment petition should not be allowed except under unavoidable circumstances on an application moved by a party supported by affidavit. In such cases also adjournment should not be made for a period exceeding three days.

Sd. REGISTRAR.

7.2 Judicial Statistics The gathering of essential statistics in every sphere of human activity provides vital information about the past behaviour of events as well as enables us to foresee the shape of things in the near future. Likewise, the collection of necessary statistics in relation to judicial performance of each court in quantitative terms, provides us with details, like previous pendency of cases at the beginning of a month or year, number of cases instituted during the month and disposal during such period along with the number of cases remained for disposal in the following month/year. Adjudging the importance of speciﬁc, accurate, fast and unambiguous collection of data and its computerization for future consumption, the Computer Branch; then consisting of a Computer Programmer and two

High Court of Balochistan Annual Report 2003: 91 Computer Operators, with a couple of computers, were assigned the task of entering data as coming in from all the subordinate courts of Balochistan on various formats, as a routine on monthly basis. The keying-in of the judicial statistics started in the year 1999 and in the process of data entry, the filing-in format and proformas were got changed, so that the information could be gathered in a unique manner for all courts, to be entered precisely for each category and would be helpful for comparison and preparation of comparative statements. During these years many formats for supply of Data on Various aspect of judicial activity were received from the Federal and Provincial Governments as well as from the Hon’ble Supreme Court, as such necessary improvements were made in the data collection proformas. However, with continuous indulgence, the data format streamlined and now the necessary statistics for the past five years is available for every Court, Tribunal etc. containing details of all category of cases and the data is frequently utilized for creation of new posts as well as for transfer and posting of Judicial Officers. The tables included in the report in hand clearly provides the efforts put in for the collection of these vital information and becomes handy when some specific information is required on any aspect of judicial performance and even reflects the disposal trend of each Court or of individual Judicial Officer. The data so collected, is being entered and compiled for the High Court for each and every category of Civil, Criminal, Labour, Customs, Ehtisab (NAB), Banking, Service and Election Tribunals and other related matters. The compiled data for each Judge/Court is presented to the Hon’ble Chief Justice and Inspection Judges of the High Court for regular inspection, scrutiny and necessary directives are made to individual Presiding Officers in appreciation of their work or for retribution in case of any failure on their part. With the induction of further staff in the Computer Branch of the High Court, it is anticipated that not only the data for the previous years, i.e., from the inception of each court will be computerized but will be made available through internet for the benefit of everyone. There is, however, a dire need for the development of an application software with necessary infrastructure (men and machinery) to enable the users to extract information in any pattern or manner, whenever required, which will not only reduce search time but will curtail repeated efforts of the Court staff in streamlining the data and would ensure the authenticity of information about every court’s performance over certain period of time. A few patterns of the formats developed/utilized for collection of information is provided hereafter in this report, which still needs improvements and simplification to evade discrepancies.

7.3 Judicial Performance Incentive The idea of providing “Judicial Performance Incentives” to the Judicial Officers, has been embedded in the plan of work under the Access to Justice Program, which is aimed at recognizing the effective, efficient and voluminous performance of individual Judicial Officers, who acquires highest number of units as per laid down criteria, without sacrificing the quality of their work; to be benefited monetarily. However, since no budgetary allocation has been made even in the current years fiscal budget of the High Court; as such no incentive grant is available to be utilized/paid, as a reward, for better performance, to the Judicial Officers of the subordinate courts of Balochistan. However, as before the Judicial Officers, whose performance based on his month-wise progress of work, is found excellent (both by volume and quality of work, as the number of disposal and quality of judgements are checked by the worthy Inspection Judges) is being awarded with letter of appreciation and for not being up to the work, an explanation or warning to improve the work is issued on regular basis and copies are placed in their respective performance record. However, the scheme for the grant of “financial incentive” will be placed before the Administrative Committee for final decision and budget/funds would be sought/ reflected under the head “Honoraria” for the next years’ budget,

92 High Court of Balochistan Annual Report 2003 to meet the requirement and those Judicial officers, whose performance is found excellent would be granted incentive along with their staff from the allocated/available financial resources. This would definitely inculcate a sense of competition and hard work among members of subordinate judiciary resulting into improvement in overall performance of the judiciary while the ones who put in all out efforts with sincere zeal and enthusiasm, would get due reward by way of financial benefits and would also be considered for accelerated promotion. Apart from the above, an evaluation proforma has been developed in light of the instructions contained in the High Court Rules and Orders and is being used by the Judges of the High Court to record performance of individual subordinate Court Judge in relation to his file maintenance, recording and assessment of evidence and judgement writing skill etc. and is being filled in for each judgement challenged in appeal before the High Court. The proforma on completion is signed by the respective High Court Judge and sent for placement in the personal file of the concerned Judge and will be utilized for writing ACRs or for consideration of promotion matters etc. Apart from the Judicial Officers, who have been issued appreciation letters; the following Judicial Officers were issued notices/explanation/warning etc. for not securing the required number of units during various months of the year 2003:—

District & Sessions Judges 07 Additional District & Sessions Judges 07 Judicial Magistrates 24 Civil Judges 10 Members Majlis-e-Shoora 13 Qazi’s 24

The evaluation proforma as mentioned hereinabove is annexed for perusal.

High Court of Balochistan Annual Report 2003: 93 PROFORM A FO R EVALUATION OF THE SU BO RD INATE COURT JUDGEMENT BY HIGH COURT (To be filled in quadruplicate)

1. Nature of Case with No. (High C ourt's case) 2. Title of Case: 3. Case heard by Division Bench/Single Bench: 4. Case No. and title of Subordinate Court with nam e of Judge/Magistrate/Q azi: 5. Order of the C ourt with date, im pugned before High C ourt: 6. Judgem ent writing skill: i. G ood: ii. A bove average: iii Average: iv. Below A verage: v. Poor

7. Remarks/Observations of the Bench: i. Appreciation of Evidence, (A ppropriate/inappropriate)

ii. C ontention raised by parties dealt with correctly or otherwise, while writing the Judgem ent.

iii. Case law referred in the case, if any applied/appreciated properly while writing Judgem ent

iv. Whether decision punishm ent was proper as per law .

8. Remarks, if any.

Dated: ______Signature of Judge(s).______

7.4 Process Serving Establishment In order to enhance the capacity of the process serving establishment, which at present consists of a Civil Nazir posted at Quetta while 14 Naib Nazirs, 11 Bailiﬀs and 50 Process Servers have been posted in the Courts of Senior Civil Judges and Civil Judges at Quetta, Sibi, Loralai, Nasirabad, Dera Allah Yar, Usta Muhammad and Hub; whereas keeping in view the requirement at other

94 High Court of Balochistan Annual Report 2003 courts, it has been proposed that 109 posts of various cadres will be created and acquired under a phased program during the next three years and the incumbents will be posted as per following table:—

S.No. B udgetary H ead Number of Posts 6-21000 C-III N azir Naib Bailiff Process Total Process Serving N azir Server Establishm ent 1 C ourt of Majlis-e- 1 0 4 8 13 Shoora & Q azi at Mastung, Kalat, Surab and Dasht. 2 C ourt of Majlis-e- 1 0 4 6 11 Shoora & Q azi at Khuzdar & Awaran and M ashkai 3 C ourt of Majlis-e- 1 0 2 4 7 Shoora & Q azi at H ub, Uthal 4 C ourt of Majlis-e- 1 1 6 12 20 Shoora & Q azi at Turbat, Panjgoor, Gawadar, Pasni, Tump, Dasht. 5 C ourt of Majlis-e- 1 0 2 4 7 Shoora & Q azi at Noshki and Dalbandin 6 C ourt of Majlis-e- 1 0 3 6 10 Shoora & Q azi at Kharan, Mashkail, Basima 7 C ourt of Majlis-e- 1 0 5 10 16 Shoora & Q azi at Sibi, Dhadar, Dera B ugti, Kohlu, Gandawa 8 C ourt of Majlis-e- 1 1 5 10 17 Shoora & Q azi at Loralai, Bori Sanjavi, Barkhan, Muslim Bagh 9 C ourt of Majlis-e- 1 0 1 2 4 Shoora & Q azi at M usakhail. 10 C ourt of Majlis-e- 1 0 1 2 4 Shoora & Q azi at Zhob Total 10 2 33 64 109

It may, however, be pointed out that out of the above said 109 posts, 10 posts of Nazirs and 20 posts of Process Servers have been got sanctioned during the current financial year 2003-04 and distributed to various courts, while the remaining posts will be acquired during next and subsequent financial years. It may also be mentioned here that the summons issued from the High Court and from the subordinate courts are invariably executed through Police establishment (in A-area) and through levies personnel (in B- area) and due to non-availability of proper mobility services with the levies authorities in the far flung remote areas of Balochistan, the summons either could not be executed in due time or the report is sent after the due date which causes delay in the furtherance of cases and difficulties for service upon the parties. However, directions have been issued to the concerned authorities through respective District and Sessions Judges for proper implementation of the process while any delinquent delays by the concerned staff is dealt with through the concerned authorities, while the Process Servers who do not comply or fulfill their responsibilities in a proper manner are being dealt with under E&D Rules. Besides for the enactment of law for penalizing

High Court of Balochistan Annual Report 2003: 95 failure to carry out court orders on the service of process and production of witnesses, the matter has already been taken up with the Provincial Law Department for drafting the law on the issue to be implemented in due course and will bring improvement in the working of Process Serving Agency and for taking action in case the service of summons is found to be unsatisfactory. It would, however, be of interest that a typical scenario, as reﬂected in the following table, be produced, to show that what percentage of summons ordinarily served by the Process Serving establishment for the civil Courts at Quetta, while in case of default of intentional avoidance on the part of concerned Process Server, disciplinary action is initiated against him:

M onth/2004 Total Served U n-served Percentage Sum m ons July 722 504 218 69% A ugust 915 664 261 72% Septem ber 771 567 204 73% October 855 617 238 72% N ovem ber 534 363 173 67%

96 High Court of Balochistan Annual Report 2003 Courts Professionalisation Plan

High Court of Balochistan Annual Report 2003: 97 THIS PAGE BLANK

98 High Court of Balochistan Annual Report 2003 8 COURTS PROFESSIONALISATION PLAN

8.1 Courts Professionalisation Plan (2003-2005) To strengthen the Institutional Capacity for Judicial and Legal Reforms in the Judicial Sector, the Government of Pakistan with the active collaboration of the Asian Development Bank has launched the “Access to Justice Program” (AJP) which, apart from other important aspects, strives for a time bound and costed action plan for professionalzing the Court’s management to be implemented during the financial year 2003. The idea inter-alia includes measures to re-invent and streamline the Court Management along modern and professional lines and to implement capacity building measures for the Court’s officers to enable them to handle specialised tasks including Administration, Budgeting, Planning and Human Resource Development, to ensure the maximum and optimum utilisation of the available resources. To achieve the prime object of professionalzing its Management, the High Court of Balochistan has chalked out the following time bound and costed action plan to be implemented in a phased manner during the current and subsequent fiscal years, utilising the financing opportunities under the Technical Assistance of Access to Justice Program and other similar resource windows. In order to attain this end, the concept of capacity building through short and long term training (both in country and abroad) of existing administrative and financial management staff and of Judicial Officers will be explored with the active cooperation of the Federal Judicial Academy. The purpose is to train a core team of Judicial Officers in the modern concept of professional Court management, who could in turn, train other officers in due course. Besides, through a series of seminars, this will be arranged/organised to serve the vital purpose of identifying the required changes and modifications for redesigning the professional management of courts. It may not be out of place to mention here that in line with the conditionalities of TA Loan under Access to Justice Program, one officer of the High Court of Balochistan with representatives of the other High Courts, was sent to USA for a two weeks training programme, to study and observe the role of Court Administrators and Financial Managers and Court management practices at California State courts, whereas the officer on return has actively been involved in evolving strategy for the better management of Court professionalisation. Additionally, the services of experts in finance and planning for supervision of finances of the High Court and that of subordinate courts, will be acquired who would also be available for providing due guidance and technical training to the staff. In response to the proposal to improve the professional administration of Courts in Pakistan, the following action plan has been suggested under the Access to Justice Reform Program for which necessary training is to be provided to Court administrators, Judges and non-judicial personnel in a range of major areas of Judicial reforms at the Federal Judicial Academy. These include:

• Management of the budgeting process;

• Management of relationships with the legislative and executive branches; • Organisation and delivery of services to the trial Courts and Court management assistance programs to support improvements in the operation of the trial Courts; • Building administrative system; • Development of statistical system to measure the performance of the judicial system;

• Development of policy-making processes that rely on participation by all levels of the legal system;

High Court of Balochistan Annual Report 2003: 99 • Development of managerial training programs for those persons assuming positions in the Government structure;

• Supervision of the Bar Association;

• Public outreach to educate the public about the legal system; and

• Strategic planning for the future.

An important component of the professionalisation programme is the holding of seminars to be conducted on various related themes. The seminars may be held to explore as to how changes can be introduced in the legal system for eﬃcient service delivery. These seminars may provide meeting points for Judiciary, Judicial Experts, Judicial Academia, Lawyers and other stakeholders in the judicial sector. The tentative areas of these seminars may be as follows:

• Project Management.

• Planning.

• Management of the changes process.

• Team Building.

• How to consult stake holders.

• Judicial reforms and improved Court performances.

• Role of courts in democracy.

These seminars may be held under the provisions of the recently approved Technical Assistance Project, which provides opportunities to implementing agencies for activities under several areas of Judicial reforms. Furthermore, the proposed action plan for such activities has been chalked out, starting with ﬁnancial year 2003-04. This is reproduced below:

Tentative Organisational Proposed activities time period Responsibility Costs 1. Two weeks Intensive Study- Oct/Nov. 2002 DPK/TAK US$3420, 190 Seminar—US per person per day. Computer training Aug. 2003 Federal Judicial To be worked Academy out by Fed- eral Judicial Academy 2. a) National Administration of Jun. 2003 High Court of To be worked Justice Workshop to improve Balochistan out by the public perception regarding High Court working of the courts (To be attended by the nominees of the High Court).

100 High Court of Balochistan Annual Report 2003 b) Provincial Administration Aug. 2003 High Court of To be worked of Justice Workshop to im- Balochistan out by the prove public perception for High Court provincial judges. 3. Public Outreach/Hearings (3 Oct. 2003 High Court of To be worked meetings in diﬀerent loca- Balochistan, Quetta out by the tions) High Court 4. To create core curriculum for Sep/Oct. 2003 Federal Judicial To be worked training in Court professional- Academy/Business out by FJA in isation School consultation with High Court 5. Restructure of career path for Dec. 2003 High Court of To be worked registrars/judicial administra- Balochistan out by the tors High Court

8.2 Citizen-Court Liaison Plan The High Court of Balochistan vide Notiﬁcation dated 14th September, 2002, has directed for the constitution of District Citizen Court Liaison Committees in each of the Sessions Division/District as per following composition:—

1. District & Sessions Judge/Additional District & Chairman Sessions Judge 2. President, District Bar Association Member 3. Speaker, Zila Assembly/Naib Nazim Member 4. EDO (Law)/District Attorney/ADA Member 5. Zila Mohtasib Member 6. President, District Chamber of Commerce and Member Industry 7. Representative of Women Community Member 8-9. Representative of the Civil Society Member 10. Community Liaison Facilitator Secretary (Ex-Oﬃcio)

* Thetenureofofficeofnon-officialmembers of the committee may be fixed at two years.

The functions of Citizen Court Liaison Committees have been described as follows:—

i. To setup and maintain an information Kiosk in every District Court premises for the guidance of the public regarding all matters pertaining to diﬀerent Courts. ii. To promote legal literacy. iii. To guide people regarding dispute prevention measures and alternate dispute resolution (ADR) avenues like Musalihat Anjumans, Small Causes Courts and others.

High Court of Balochistan Annual Report 2003: 101 iv. To register, report and redress citizen’s grievances regarding the functioning of the judicial system in the District. v. To provide a channel for the citizens and other stakeholders to send suggestions for reform and improvement.

It may, however, be clarified in the abovesaid notification that the provision of specific legal advice to the litigants will not be the functional responsibility of the District Citizen Court Liaison Committees. In order to facilitate the working of the Citizen Court Liaison Committees, 10 posts of Community Liaison Officers and 10 posts each of Assistants and Naib Qasids have been created during the year 2003-04 and distributed among the respective District Courts for appointment of staff. The report/minutes of the proceedings are conveyed to the High Court and many of the important issues taken up during meetings got resolved amicably with the intervention of concerned officers or necessary directions are issued by the High Court for rectification of affairs. The meetings with the representatives of District Government and with representatives of Civil Society etc., did provide basis for the identification and early solution of the problems faced by the general public at large in relation to their litigations and for their appearance before various forums in the province.

8.3 Criminal Justice Coordination Committee The High Court of Balochistan in consideration of the conditionality under the Access to Justice Program, has issued order No.303 dated 2nd August, 2003 meant for the establishment of Criminal Justice Coordination Committees with structure and functions enumerated in the order, which is reproduced below for the sake of clarity and convenience:— To:- All the District & Sessions Judges in the province of Balochistan. Subject: ESTABLISHMENT OF CRIMINAL JUSTICE COORDINATION COMMITTEE I am directed to refer to the subject cited above and to state that the Provincial Police Officer, Balochistan has intimated that under Article 109 of the Police Order, 2002, at the District level, a Criminal Justice Co- ordination Committee comprising District & Sessions Judge (Chairperson) and District Police Officer, District Public Prosecutor, District Superintendent Jail, District Probation Officer, District Parole Officer and District Head of Investigation (Secretary) is required to be constituted, while in Balochistan, the District Administrative Officers being counterparts of District Police Officer for ”B Area” also need to be included in the Committee and where Heads of Investigation have not been appointed as yet, the Secretary of the Committee, for the time being, could be the District Police Officer. The Chapter XI Article 109 to iii of the Police Order, 2002 deals with the establishment, composition and functions of the Criminal Justice Coordination Committee. The relevant chapter from Police Order, 2002 is appended below for convenience:—

CHAPTER XI CRIMINAL JUSTICE COORDINATION COMMITTEE

109. Establishment.—There shall be a Criminal Justice Coordination Committee in a District. 110. Co position. -The Criminal Justice Coordination Committee shall consist of:

(a) District and Session Judge (Chairperson). (b) Head of District Police. (c) District Public Prosecutor. (d) District Superintendent Jail. (e) District Probation Oﬃcer.

102 High Court of Balochistan Annual Report 2003 (f) District Parole Oﬃcer. (g) Head of investigation (Secretary).

111. Functions of the Criminal Justice Coordination Committee.—(1) The Criminal Justice Coordination Committee shall:—

(a) keep under review the operation of the criminal justice system and work towards the improvement of the system as a whole; (b) promote understanding, cooperation and coordination in the administration of the criminal justice system; (c) exchange information and give advance notice of local developments, which may aﬀect other parts of the system; (d) formulate coordinated priorities and plans to give eﬀect to locally agreed policies; (e) raise relevant issues with the appropriate authorities; (f) promote the spread of good practices; and (g) review the implementation of any decisions taken by the Criminal Justice Coordination Committee.

(2) The meeting of the Criminal Justice Coordination Committee shall be held at least once a month. The Secretary of the Committee shall record the minutes of the meetings. ” You are, therefore, requested to establish Criminal Justice Coordination Committee within your respective Districts at the earliest and convene/hold its meeting on monthly basis as per provisions of Police Order, 2002 and to submit regular compliance report to the quarters concerned under intimation to this oﬃce.

Sd. (REGISTRAR)

Copy forwarded for information and necessary action to:-

1. The Secretary, Govt. of Balochistan, Home & Tribal Aﬀairs Department, Quetta. 2. The Provincial Police Oﬃcer, Balochistan, Quetta w.r.t his letter No. 11651-70/30/2002PR Cell dated 7.6.2003.

Since its establishment, the District and Sessions Judges have been holding regular meetings of the Criminal Justice Coordination Committees in their respective districts which indeed has facilitated the courts and the police/levies alike to accelerate the pace in conclusion of the investigation and for the submission of Challans within stipulated period, while the lethargic attitude on the part of Prosecution Agencies is being checked and taken care of during the course of these meetings and minutes of such meetings are invariably conveyed to the High Court for information and for guidance in relation to speciﬁc problems to be dealt with at higher level. It would, however, be beneﬁcial that the minutes of Criminal Justice Coordination Committee meeting held under the chairmanship of Sessions Judge, Pishin/Qila Abdullah on 15.07.2003, be reproduced henceforth, which abundantly provides, as to how the matters are dealt with in a comprehensive manner:—

(i) Registration of Cases. The actual and real culprits are to be booked under the relevant laws in time in any incident, so that innocent persons should not suﬀer miseries of the process of law. The FIRs must not be based upon secret information to Police, as it is against law and hearsay cannot constitute legal basis for registration of FIR. (ii) Registration of Cross Cases. Registration of cross cases should be avoided particularly after few days of the incident. The registration of cross cases is an attempt to damage the original case. So this aspect should properly be checked. The D PO and DAOs in their respective jurisdiction are required to closely monitor this aspect.

High Court of Balochistan Annual Report 2003: 103 (iii) When the incident occurs the Law Enforcement Agencies should take prompt action avoiding any delay. This on one hand will avoid further aggravation of the situation. Secondly it will also ensure administration of Justice. (iv) The cases should properly be investigated, incorporating all direct evidence, indirect evidence, circumstantial evidence, recovery evidence, medical examination, chemical examination. Evi- dence of finger print expert and trackers be got in time. Investigation Officers be acquainted with different categories of evidence during investigation. A complete Challan is required to be submitted within 14 days in the competent Court of law. In exceptional cases permission is obtained for submission of complete Challan where, some reports remains awaited. In those cases too incomplete Challans should be submitted. SO the trial may not effect. (v) In cases where the I.Os thinks that witnesses required in the cases will migrate to other areas, they may obtain personal sureties from them. So that the merit of trial shall not suffer. (vi) It has been observed that process server in some cases forward misleading reports to the Courts that the witnesses or accused persons are not avail abele. This practice badly affects the criminal justice. SDPO and DAOs shall personally take interest and monitor their subordinates. (vii) The list of absconder accused persons be prepared and submitted to DPO and DAOs, so that action could be taken in both “A” and, “B” areas against these absconding accused persons; (viii) The process upon the ’PW s shall be served timely, so that administration of justice may not be delayed. (ix) The medical certificates and FSL reports be collected in time by the I.Os. The DPO, SDPOs and DAOs should sheck the I.Os. The more these essential documents are delayed the bigger will be the chances of delay in disposal of the cases. In some cases where the delay is caused the documents are altered. So timely collection of these certificates will keep the check on all these likely malpractices. (x) The I.Os shall also ensure the obtaining of remand between 12:00 Noon to 1:00 P.M. So that arrangements for transportation of the accused in case of judicial custody be done properly and to avoid the inconvenience for the Courts as well. (xi) When any incident occurs in A or B area, the concern agencies shall timely inform their counter part in other adjoining areas, so that the culprits may not escape. (xii) The DPOs and DAOs should develop close understanding with regard to crimes and criminals in their areas. So as to lower the rate of crimes. (xiii) The police and levies -shall’ check out their strategies and plans to minimize crimes in the Districts and all the relevant issues be discussed and achievement of out come be communicated to the authorities. (xiv) There should be close liaison between the DPO and SDPOs in order to eliminate crimes. (xv) Highway robbery is the most heinous crime, it cannot be tolerated in any civilized society. Police and levies should ensure day and night patrolling in order to safe guard the peace and tranquility on the roads. The DAO’s, S DPO’s and ADO’s pointed out that they have limited fuel funds for patrolling the Highways. S9 the Home Secretary and I.G Police Balochistan may consider their genuine demand of Pishin, Killa Abdullah police and levies. This will improve a lot on safe guarding the Highways in these boarder districts. (xvi) The probation Officer and parole Officers be appointed in these, two Districts. So they may prepare history of prisoners/convicts in order to consider their release on probation. The Home Department may look in to the case of appointment of probation and parole Officers.

104 High Court of Balochistan Annual Report 2003 (xvii) The Jail incharge shall ensure submission of fortnightly report to the District and Sessions Judge, so that the condition of prison and prisoners could be improved. They may also take up the issue with the M.S Civil Hospital, Pishin and Chaman for sending Medical Officers for the Jails daily. So that medical cover be provided to the prisoners well in time. (xviii) D.A.O Killa AbduIuah Mr. Noor Muhammad Jogezai raised a point for shifting the officer of Judicial Magistrate killa Abdulllah to Killa Abdullah from Pishin as they face difficulties and security risk during transportation of accused from Killa Abdullah to Pishin for physical remand. The office of the Judicial Magistrate Killa Abdullah was shifted to Pishin by the Hon’ble High Court due to Law and Order problems. Therefore, D.A.O Killa Abdullah is directed to submit report as to whether the circumstances justify the shifting of the office of Judicial Magistrate to Killa Abdullah or otherwise. On receiving this report, the Registrar of Hon’ble High Court will I be approached. (xix) The DPO’s and DAO’s shall convene a meeting with, their subordinate officers in order to implement all the decisions taken in this meeting.

Follow up actions of this meeting will be discussed in the next meeting of Criminal Justice Committee.

High Court of Balochistan Annual Report 2003: 105 THIS PAGE BLANK

106 High Court of Balochistan Annual Report 2003 Separation of Civil and Criminal Courts: Action Plan

High Court of Balochistan Annual Report 2003: 107 THIS PAGE BLANK

108 High Court of Balochistan Annual Report 2003 9 SEPARATION OF THE CIVIL AND CRIMINAL COURTS: ACTION PLAN (2002-2003 to 2003-2005)

Separation of criminal and civil courts is an essential component of improved working of the Sub- ordinate Judiciary. In case of Balochistan, there is already a complete separation of Criminal and Civil courts at the level of Civil Judges, Qazis and the Judicial Magistrates. Moreover, there is the minimum incidence of judicial workload pendency in Balochistan. However, in view of the fact that many functions of the executive Magistracy are being transferred to the Subordinate Judi- ciary, there will be inevitably a requirement for enhancing the number of judicial oﬃcers at the subordinate levels. A criterion has been prepared for separating the civil and criminal courts, in cases of the extra burden of case load. The criterion has been used to judge the required number of additional judges to take care of the existing pendency through the recruitment of additional judges. For the purpose of this action plan, a formula has been ﬁxed at 400 cases per Civil Judge/Judicial Magistrate warranting the establishment of a new court. The formula has been used as a bench mark for working out the required number of additional courts/judges to ensure the need based separation of civil and criminal courts. The following steps have been taken for the preparation of this Action Plan:

• Total Case Load has been worked out for the civil as well as the criminal cases in the subordinate judiciary in whole of the province.

• The pendency ﬁgures have been used to work out the criterion for the separation of civil and criminal courts on functional lines.

• The criterion/ formula has been used to work out the required number of Civil Judges /Judicial Magistrates to fully implement the Action Plan.

• The required number of judicial officers has been compared with the available strength of the judicial officers to work out the additional requirements of judicial officers.

• All these data have been reduced in the form of a summary Action Plan, identifying the tentative time schedules for various ancillary activities needed to be undertaken for separating the civil and criminal courts based on caseload.

The shortfall identiﬁed by the above plan will be met through recruitment and training of new judges under the additional budgetary allocations accruing from the Access to Justice Programme. The additional court rooms and infrastructure facilities planned to be provided under the Access to Justice Programme will be utilised to make these new courts fully operative. A detailed outline of the above Action Plan in respect of the Subordinate Judiciary in Balochistan is as follows: A Table No. I Case Load Statistics

Sr. Districts Total Civil Total Crim- Total Pen- Total Pen- No. Cases (Civil)- inal Cases dency (At dency (At Sub Civil Judges (criminal)-J.M Distt. H.Q.) Div.) and Qazis 1 Quetta 547 1156 2512 1703 2 Pishin 57 66 231 123

High Court of Balochistan Annual Report 2003: 109 3 Loralai 36 88 227 124 4 Zhob 51 43 129 94 5 Khuzdar 119 174 365 293 6 Kalat 26 101 226 127 7 Nushkai 94 36 164 130 8 Turbat 60 255 419 315 9 Hub 66 69 192 135 10 Kharan 12 71 105 83 11 Sibi 87 88 599 175 12 Usta Muhammad 65 16 184 81 13 Dera Allah Yar 113 21 272 134 14 Dera Murad Jamali 14 17 163 31 15 Musa Khail 7 4 32 11

B Table No. II Application of Case load Formula

Sr. Districts Total Required Total Required Total No. Civil Addi- Crimi- J.Ms @ Pendency Cases tional nal Cases 400 cases (At Distt. (Civil)- C.Js @ (criminal)- per court H.Q.) Civil 400 cases J.M Judges per court and Qazis 1 Quetta 547 1 1156 3 2512 2 Pishin 57 - 66 - 231 3 Loralai 36 - 88 - 227 4 Zhob 51 - 43 - 129 5 Khuzdar 119 - 174 - 365 6 Kalat 26 - 101 - 226 7 Nushkai 94 - 36 - 164 8 Turbat 60 - 255 - 419 9 Hub 66 - 69 - 192 10 Kharan 12 - 71 - 105 11 Sibi 87 - 88 - 599 12 Usta Muhammad 65 - 16 - 184 13 Dera Allah Yar 113 - 21 - 272 14 Dera Murad Ja- 14 - 17 - 163 mali 15 Musa Khail 7 - 4 - 32 Total 1 3

110 High Court of Balochistan Annual Report 2003 C Table No. III Available and Required Strength Of Judicial Oﬃcers

Sr. Districts Available Available Ju- Total Pen- Required No. Civil dicial Magis- dency (At Addition Judges/Qazis trates Distt. H.Q.) C.J/J.Ms to cover pendency at Sub- Divisional Level 1 Quetta 5 7 2512 4 2 Pishin 1 5 231 3 Loralai 5 5 227 4 Zhob 1 2 129 5 Khuzdar 3 3 365 6 Kalat 4 4 226 7 Nushkai 2 3 164 8 Turbat 6 5 419 9 Hub 2 3 192 10 Kharan 3 3 105 11 Sibi 7 8 599 12 Usta Muhammad 1 1 184 13 Dera Allah Yar 0 1 272 14 Dera Murad Jamali 1 3 163 15 Musa Khail 0 1 32 Total 4

For overcoming the present pendency at the level of the Subordinate Judiciary, a relatively smaller number of additional Judicial Officers will be needed. The requirement of these officers, the ancillary staff as well as the infrastructure can be easily met through the normal budget for the judiciary as well as additional allocations under the Access to Justice Programme. The necessary actions in this regard will be completed by financial year 2002-03.

High Court of Balochistan Annual Report 2003: 111 THIS PAGE BLANK

112 High Court of Balochistan Annual Report 2003 Automation Plan

High Court of Balochistan Annual Report 2003: 113 THIS PAGE BLANK

114 High Court of Balochistan Annual Report 2003 10 AUTOMATION PLAN

Surviving in a risk free environment had never been possible with manual data manipulation and file management. The implementation of the automation plan will provide a breakthrough in the history of High Court of Balochistan, because efforts had never been made for computerisation of High Court of Balochistan since its establishment. Proper induction of computers started in 1999 and during the last four years, 36 computers have been placed in about every branch, but computers are still being used mostly as word processor alone. Automation is not the replacement of typewriters with computers but it is a process of presenting the data available immediately in such a format that it could be helpful for the organisation in several ways, e.g., management information system, library management system, decision support system, cause list generation, and case tracking system. As an initiative of automation process and to maximise the utilisation of resources with minimum cost and data sharing in the High Court—Judicial, Administration, Budget, Copying and Computer Branches along with the offices of Registrar, Session Judge (Inspection)—are networked and this network still needs to be extended throughout the building. Also, the Library Management and Information System has already been developed and books present in the lawyers library have already been entered. Unfortunately this system was not implemented for daily use. Although Judicial Branch of the High Court has been facilitated to a greater extent by printing the cause lists from computer but even then it is manual, not the automatic generation of cause list. However, generation of cause list could be made automatic by acquiring software from Lahore High Court with modifications as per our own requirements. Justice with transparency to the litigant public with ease is the prime motto of the High Court of Balochistan. The litigants/advocates could be facilitated in several ways e.g. by establishing a case enquiry point with the intention of providing current status of a case through case tracking system, publishing judgements and cause lists on the Internet and displaying the cause list of every court on large screen (plasma) during court hours. A “Management Information System” is also required to be setup to facilitate the authorities in decision making by keeping a record of the judicial staff regarding their monthly performance and current status of judicial and non-judicial officers i.e. transfer, posting, seniority and strength. “Electronic Judgements” could be used as a source for provision of certified copies to the Advocates and general public by keeping the current judgements in safe and secure format and converting the judgements already announced in the past through scanning process since the establishment of High Court, in an un-altered pattern. This will also enable the Judges, Advocates and the general public to have easy, fast and low cost access to the dictum of the Superior Court of the Province. Incorporating the working of district judiciary with High Court is possible by bringing every subordinate court within the network domain of High Court of Balochistan through provision of hardware and software for maximising data sharing and minimising resource utilisation and wastage of time. Proper implementation of automation plan is only possible after induction of new computer staff, fulfilling the prerequisites and parallel implementation of each activity. The following table provides a glimpse of the present status of sanctioned strength of the posts of Computer Branch and its future requirements of technical staff to handle the additional more sophisticated assignments.

High Court of Balochistan Annual Report 2003: 115 POST TITLE GRADE REQUIRED PRESENT VAC A N T TO BE STRENGTH SANC- POSTS AP- TIONED POINTED STRENGTH System Analyst (BPS-18) 1 1 Programmer (BPS-17) 2 1 1 Database Administrator (BPS-17) 1 1 Network Administrator (BPS-17) 1 1 Computer Operator (BPS-16) 0 3 1 1 Hardware Engineer (BPS-16) 1 1 Data Entry Operator (BPS-10) 10 10 Machine Operator (BPS-7) 1 1

116 High Court of Balochistan Annual Report 2003 Management and Administration

High Court of Balochistan Annual Report 2003: 117 THIS PAGE BLANK

118 High Court of Balochistan Annual Report 2003 11 MANAGEMENT AND ADMINISTRATION

11.1 The Registrar High Court of Balochistan

Dr. Abdur Rehman Brahui Registrar High Court of Balochistan

Dr. Abdur Rehman Brahui was born on 15th May, 1940 at Hudda Quetta. He passed the Ma- triculation Examination in the First Division, in 1957 from Government Sandeman High School, Quetta. After graduating from the Punjab University, he studied Law at S.M.Law College, Karachi and obtained Degree of Law from University of Karachi. He also has M.A English and M.A Urdu degrees. He attended a linguistics course at Oxford (U.K) and was admitted to degrees of Ph.D. in Urdu and Islamic Culture (Double Ph.D). He is the ﬁrst local scholar from Balochistan having Ph.D. and a double Ph.D. is rare in any case.

High Court of Balochistan Annual Report 2003: 119 11.2 Oﬃcers of the Balochistan High Court

Designation Name of Officer Present Posting REGISTRAR Dr. Abdul Rehman Brahui SESSIONS JUDGE INSPECTION Mr. Atiq-ur-Rehman SECRETARY TO CHIEF JUSTICE SYED ANWAR AFTAB (District & Session Judge) ADDITIONAL REGISTRAR Mr. Aurangzaib DEPUTY REGISTRAR Mr. Arshed Mehmood ASSISTANT REGISTRAR Mr. Muhammad Ramzan Resident Branch ASSISTANT REGISTRAR Mr. Noor Muhammad Accounts Branch ASSISTANT REGISTRAR Mr. Faiz Rasool Budget Branch ASSISTANT REGISTRAR Mr. Noor Ahmed Construction Branch COMPUTER SECTION Muhammad Tanveer System Analyst COMPUTER SECTION Syed Hassan Sheraz Rizvi Computer Operator COMPUTER SECTION Shafiullah Shahwani Computer Operator READER Mr. Khurshid Ali Mr. Justice Amanullah Khan Yasinzai READER Syed Athar Aftab Mr. Justice Akhter Zaman Malghani READER Mr. Muhammad Akber Mr. Justice Raja Fayyaz Ahmed (CJ) READER Mr. Muhammad Fiaz Mr. Justice Ahmed Khan Lashari READER Mr. Muhammad Shafiq Copying Branch READER Mr. Imdad Hussain Judicial Branch READER Mr. Ghulam Haider Chief Justice READER Mr. Abdul Rashid Mr. Justice Muhammad Nadir Khan PRIVATE SECRETARY Mr. Shah Bakhsh Mr. Justice Fazal-ur-Rehamn PRIVATE SECRETARY Mr. Qaisar Khan Mr. Justice Akhter Zaman PRIVATE SECRETARY Mr. Muhammad Shabir Mr. Justice Raja Fayyaz Ahmad (CJ) PRIVATE SECRETARY Mr. Abdul Hameed Mr. Justice Ahmed Khan Lashari PRIVATE SECRETARY Mr. Amanullah Mr. Justice Muhammad Nadir Khan SUPERINTENDENT Mr. Abdul Nabi Judicial Branch SUPERINTENDENT Mr. Muhammad Ishfaq Mr. Justice Fazal-ur-Rehman SUPERINTENDENT Mr. Agha Muhammad Library SUPERINTENDENT Mr. Rahim Bakhsh Judicial Branch SUPERINTENDENT Mr. Qamar-uz-Zaman Record Branch SUPERINTENDENT Mr. Amanullah Judicial Branch SUPERINTENDENT Mr. Ali Jan Admin Branch LIBRARIAN Mr. Abdul Malik SENIOR TRANSLATOR Mr. Muhammad Arif Judicial Branch

120 High Court of Balochistan Annual Report 2003 11.3 Sanctioned Strength of the High Court

S.No. Particulars BPS Quetta Sibi Mekran Reserve Total 1 Chief Justice 1 0 0 0 1 2 Judge 7 2 2 0 11 3 Registrar 21 1 0 0 0 1 4 Dist. & Sess. Judge, Inspection 20 1 0 0 0 1 5 Secretary to Chief Justice 18 1 0 0 0 1 6 Additional Registrar 19 1 0 0 0 1 7 Director (Judicial Academy) 19 1 0 0 0 1 8 Deputy Registrar 18 2 0 0 0 2 9 Librarian 18 1 0 0 0 1 10 System Analyst 18 1 0 0 0 1 11 Assistant Registrar 17 5 1 1 0 7 12 Private Secretary 17 9 2 2 0 13 13 Superintendent 17 7 1 1 0 9 14 Reader 17 10 2 2 0 14 15 Senior Translator 17 2 0 0 0 2 16 Secretary to DSJ, Inspection 17 1 0 0 0 1 17 Assistant Security Officer. 16 1 0 0 0 1 18 Computer Operator 16 3 0 0 0 3 19 Personal Assistant 15 19 1 2 0 22 20 Assistant 11 19 2 2 0 23 21 Garage Superintendent (B-11) 11 1 0 0 0 1 22 Caretaker 8 2 0 0 0 2 23 Junior Translator 7 2 0 0 0 2 24 Senior Clerk 7 17 1 2 0 20 (including one S.Clerk cum Librarian) 25 Telephone Operator 7 2 0 0 0 2 26 Copyist (B-7) 7 2 0 0 0 2 27 Copyist (B-5) 5 2 0 0 0 2 28 Junior Clerk 5 22 2 2 0 26 29 Drivers 4 23 1 0 0 24 (including 6 for Retd. Judges) 30 Court Jamadar 3 1 0 0 0 1 31 Head Bailiff 3 1 1 0 0 2 32 Daftri 2 8 1 2 1 12 33 Book Binder 4 3 0 0 0 3 34 Process Server 1 3 0 4 0 7 35 Naib Qasid 1 45 6 4 0 55 36 Bailiff 1 9 3 3 0 15 37 Tubewell Operator 4 1 0 0 0 1 38 Frash 1 23 0 0 0 23 39 Sweeper 1 13 4 1 0 18 40 Plumber 5 1 0 0 0 1 41 Mali 1 18 3 0 0 21 42 Electrician 5 1 0 0 0 1 43 Chowkidar 1 8 3 1 0 12 44 Part Time Sweeper 4 0 0 0 4 Grand Total 301 36 31 1 369

High Court of Balochistan Annual Report 2003: 121 Quetta Anti Pishin Loralai Zhob Sibi Dera Dera Usta Nushki Kharan Kalat Khuzdar Hub Mekran MusaKh Reserve Total Corruption Allah Yar Murad Mohamm ail Jamali ad 122 11.4 Sanctioned Strength of the Sessions Courts: Under Head C-I

ihCuto aohsa nulRpr 2003 Report Annual Balochistan of Court High S. Particulars Gra No de

TPToTPTotTPToTPToTPToTPToTPToTPToTPToTPToTPToTPToTPToTPToTPToTPToTPToTPTot tal al tal tal tal tal tal tal tal tal tal tal tal tal tal tal tal al 1 District & 20 22 1 1 11 11 11 11 11 11 11 11 11 11 11 11 11 11 0 0 1717 Sessions Judge

2 Additional DSJ 19 1 5 6 0 1 1 1 1 0 1 2 3 1 1 1 10001111211330031720 3 Community 171 1 01 11 1 01 1 01 1 01 1 01 11 11 11 1 0 0 100 10 Liaison Officer 4 Supdt: 16 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 17 17 5 Assistant 11 1 1 2 1 1112112 11112 11112 11112 11112112112112 11 0 101626 6J/S Steno 12279 1 1 22 22 11134 22 22 11 11 11 22123 22 44 11 0 4 3438 7 Reader 11 1 7 8 1 1 2 2 2 2 1 1 1 3 4 2 2 2 2 1 1 1 1 1 1 2 2 1 2 3 2 2 4 4 1 1 0 3 34 37 8 S/Clerk 7268 1 1 22 22 11213 22 22 11 11 11 11123 11 33 11 0 5 2833 9 R/keeper 6 5 5 0 1 1 1 1 1 1 2 2 3 3 2 2 0 1 1 0 0 1 1 0 2 2 1 1 0 0 20 20 10 Office Clerk 0 0 0 0 0 1 1 0 0 0 0 0 1 100000022 11 English Clerk 0 0 0 0 0 0 0 0 0 0 0000000000 12Ahlmed5220000000000000000022 13 J/Clerk 5 1 10 11 1 1 3 3 3 3 1 1 1 4 5 4 4 2 2 2 2 1 1 2 2 3 3 1 4 5 2 2 4 4 0 0 3 46 49 14 Copiest 6 0 0 0 0 0 1 1 1 1 0 0 00000000022 15Driverf 41781110000000000000000011 1 1 22 22 11134 22 22 11 11 11 22 22 22 44 11 0 2 3436 16DaftriTotal 222416 75 91 0 2 12 11 14 4 24 28 0 3 24 27 0 0 14 11 14 15 37 52 0 0 30 30 0 4 22 26 0 0 16 16 0 3 18 21 0 1 15 16 0 4 26 11 30 15 29 44 0 5 22 27 0 6 42 48 0 0 12 12 0 0 2 0 0 5 78 7 418 496 17N/Qasid 121113123145134 223811 33134 33134 221563691672810 22 0 177188 18Mali 1 11 0 11 11 11 11 11 11 11 22 11 11 11 11 22 0 0 0 1616 19 Chowkidar 1 1 2 3 1 1112 22 11123 44 11 22 22 11112314112 33 11 0 9 2534 11.520R/Lifter11100000000001100000022 Sanctioned Strength of the Subordinate Courts: Under Head C-II 21 Sweeper 1 2 2 1 1 1 1 1 1 1 1 1 2 3 2 2 1 1 2 1 1 1 1 1 1 2 3 3 224112224 11 0 8 2331 22 Process Server 1 1 1 2 1STATEMENT 1 0 1 SHOWING 1 0 1 THE 1 SANCTIONED 0 0 0 STRENTH 1 1 1 1UNDER 0 THE 1 1 HEAD 0 C II0 SUB 0 ORDINATE 0 2 6 COURT 8 S.No.23 Baili Particulars Gra Quetta Pishin Loralai Zhob Sibi Dera Usta Dera Nushki Kharan Kalat Khuzdar Hub Musakhai MekranReserve Total de Allah Yar Mohamm Murad l ad Jamali TPTotTPToTPToTPToTPToTPToTPToTPToTPToTPToTPToTPToTPToTPToTPTotTPTotT P Total al tal tal tal tal tal tal tal tal tal tal tal tal tal al al 1 Sr. civil Judge 18 2 2 1 1 0 0 1 1 1 1 0 0 0 0 0 0 0 0 0 0 5 5 2 Civil Judge 17 1 5 6 1 1 1 1 0 2 2 0 1 1 0 1 1 0 0 0 1 1 0 0 0 1 12 13 3M.M. Shoora180 02211110 01111112222111133 001616 4 Qazi 17 0 0 44 11 44 0 0112 11123134 33 11 1 1 6 6 0 3 2730 5 J/Magistrate 17167 55 55 22178 11 11 33123 33 44123123 1 1 5 510 10154964 6Court of Clerk8110000000000000 0 0011 7 Assistant 11 1 1 1 1 1 1 0 1 1 00000111100110617 8 Reader 11 0 0 2 2 1 1 1 1 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 0 0 13 13 9Nazir 100 01111110 0 011111111111111 010010 Senior 18 63 10 Clerk/Readers7/621315 77167 111910 22 22 33235 33 44123134 0 5 510 10 81 11 Junior Clerk 5 2 17 19 7 7 12 12 4 4 1 14 15 2 2 2 2 1 5 6 1 5 6 1 7 8 1 9 10 167156 3 3 131310 1019111130 12J/S Steno 1231316167 66 2211011 22 22 33134 33 44123134 1 1 5 510 10186583 13Naib Qasid 141721 77 1414 5521618 22 221672681781910279268 3 3 141415 1530121151 14Mali 000011000000000 0 0011 15Process Server 126 8145347123459 11 22235213 2222451621311 251 6 5 5 353671 16 Bailif 1 0 0 1 1 0 1 1 1 1 0 0 0 0 0 1 1 1 1 0 1 1 0 0 6 6 17Copiest6 000011000000000110022 18 Sweeper 1 3 4 7145167 22268 11 11 33112 11 22213112 0 2 210 10213556 19 Chowkidar 122 4 22145 221910 0 0112123 22145134123 1 1 6 610 10194059 Total 21 86 107 4 44 48 8 67 75 2 23 25 15 88 ## 0 13 13 0 13 13 6 30 36 12 27 39 4 32 36 7 45 52 16 31 47 11 28 39 2 13 15 7 64 71 80 0 80 115 604 799 24/04/2004 123

COMPARATIVE STATEMENT OF SANCTIONED STRENGTH OF JUDICIAL OFFICERS FROM 1994-95 TO 2003-04 SANCTIONED STRENGTH OF JUDICIAL OFFICERS FROM 1994-95 TO 2003-04

S. No. Name of Courts 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 20001-02 2002-03 2003-04

1 District & Sessions Judges 6 6 8 8 8 18 18 18 18 18 70 2 Additional District & Sessions Judges 12 12 16 16 16 17 20 21 23 23 60 3 Senior Civil Judges 1 1 2 2 2 5 5 5 5 5 50 4 Civil Judges 11 11 11 11 11 12 12 12 12 13 40 1994-95 5 Judicial Magistrates 7 7 13 23 23 44 49 54 59 64 30 1995-96 6 Member Majlis-e-Shoora 9 9 11 11 11 14 18 16 16 16 1996-97 20 7 Qazis 25 24 24 24 25 25 27 30 30 30 1997-98 10 1998-99 Total 76 73 85 95 96 135 149 156 163 169 0 1999-00 2000-01 20001-02 Qazis Shoora Judges Member Judges Majlis-e- 2002-03 District & District Sessions Judges District & District Sessions Judicial Additional Senior Civil Magistrates Civil JudgesCivil 2003-04

SANCTIONED STRENGTH OF JUDICIAL OFFICERS FROM 1994-95 TO 2003-04District & Sessions Judges

Additional District & High Court of Balochistan Annual Report 2003: Sessions Judges 70

Senior Civil Judges 60

50 Civil Judges 40

30 Judicial Magistrates

10 Member Majlis-e-Shoora

0 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 20001-02 2002-03Qazis 2003-04 11.6 Judicial Oﬃcers Retired From 1994–2003 11.6.1 District and Sessions Judges

S.No NAME OF OFFICER DATE OF REMARKS RETIREMENT 1 Agha Abdul Wajid 27.5.1997 Qualifying service 2 Dr. Abdul Rehman Brahui 14.5.2000 Superannuation 3 Mr. Muhammad Suleman Baloch Resigned 4 Mr. Muhammad Anwar Lehri 3.6.2002 Superannuation 5 Mr. Jamil Khan Sherwani Qualifying service 6 Mr. Muhammad Yousaf Khoso 1.11.2002 Superannuation 7 Mr. Muhammad Qasim Bashir 26.11.1997 Parent Department S&GAD 8 Mr. Muhammad Wasay Tareen 12.8. 1997 Dismissed 9 Malik Sarwar Awan 1.7.1996 Repatriated to Parent Police Department.

11.6.2 Additional District & Sessions Judges

S.No NAME OF OFFICER DATE OF REMARKS RETIREMENT 1 Mr. Muhammad Haneef Sumalani 16.9.1996 Retired 2 Mr. Amanullah Marri 26.8.1996 Terminated 3 Khawaja Muhammad 10.11.1996 Superannuation 4 Mr. Mittal Khan 19.4.2003 Adhoc appointment not extended 5 Mr. Muhammad Ali 24.12.2002 Qualifying service

11.6.3 Civil Judges

S.No NAME OF OFFICER DATE OF REMARKS RETIREMENT 1 Mr. Ishtiaq Ahmed 2002 Dismissed 2 Mr. Abdul Nasir Khan 27.10.2002 Resigned 3 Mr. Sohail Ahmed Ansari 27.10.2002 Resigned

11.6.4 Judicial Magistrates

S.No NAME OF OFFICER DATE OF REMARKS RETIREMENT 1 Mr. Abdul Latif 13.11.1999 Appointed as Asstt: Commissioner 2 Mr. Ghulam Azam 2.8.2000 Resigned 3 Mr. Naseer Ahmed 7.8.2000 Resigned 4 Mr. Muhammad Farooq 21.4.2000 Resigned 5 Mr. Jaﬀar Raza Khan 18.9.2000 Service dispensed with 6 Mr. Muhammad Imran Khan 1.4.2000 Resigned 7 Mr. Attaullah Marri 20.12.1999 Dismissed 8 Mrs. Noor Jan Mengal 19.4.2003 Adhoc appointment not extended

124 High Court of Balochistan Annual Report 2003 11.6.5 Members of Majlis-e-Shoora

S.No NAME OF OFFICER DATE OF REMARKS RETIREMENT 1 Moulvi Ahmed Shah 1999 Qualifying service 2 Moulvi Haidayatullah 2.3.2000 Superannuation 3 Moulvi Abdul Khaliq 2.2.2001 Superannuation 4 Moulvi Khuda-e-Rahim Shah 1997 Qualifying service 5 Moulvi Noor Ahmed 1997 Superannuation 6 Moulvi Abdul Qayyum 31.7.2002 Qualifying service 7 Moulvi Muhammad Yaqoob 10.8.2000 Superannuation 8 Moulvi Abdul Wahab 9.10.2003 Superannuation 9 Moulvi Imam-ud-Din 5.1.2003 Superannuation

11.6.6 Qazis

S.No NAME OF OFFICER DATE OF REMARKS RETIREMENT 1 Moulvi Muhammad Musa 1997 Dismissed from service 2 Qazi Ahmed Jan 24.6.1997 Dismissed 3 Moulvi Taj Muhammad Superannuation 4 Moulvi Fateh Muhammad 10.3.1996 Died 5 Mr. Hassan Shah Parent Department 6 Moulvi Abdul Saboor 2000 Adhoc appointment not extended

High Court of Balochistan Annual Report 2003: 125 11.7 Process Serving Establishment

Particulars Grade Loralai Sibi Quetta Khuzdar Total T P Total T P Total T P Total T P Total T P Total Naib Nazir Civil Judge 5 1 1 1 1 2 2 0 4 4 Prosess Server 2 0 0 9 9 1 1 10 10 Piada’s 1 1 1 2 2 0 0 3 3 Civil Nazir 8 0 0 1 1 0 1 1 Bailif 1 0 0 1 1 0 1 1 Grand Total 0 2 2 0 3 3 0 13 13 0 1 1 0 19 19 11.8 Organisational Chart of the High Court

CHIEF JUSTICE

Judges of High Court (8)

Secretary to Chief Justice Director Judicial Academy Sessions Judge Registrar (Inspection)

Superintendent Secretary to S.J (Inspection) Computer Programmer Additional Registrar (Inspection)

Deputy Registrar Assistant Registrar Assistant Registrar Deputy Registrar Assistant Registrar Assistant Registrar (Admin) Budget Resident Construction (Judicial) Accounts

Superintendent Superintendent Superintendent Superintendent Superintendent (Admin) DB SB Copying Branch Roster Branch

126 High Court of Balochistan Annual Report 2003 11.9 Organisational Chart of the Provincial Judiciary

Chief Justice

District & Sessions Judge

Additional District & Sessions Judge Member Majlis-e-Shoora

Qazi Senior Civil Judge Judicial Magistrate

Civil Judge

11.10 Organisational Chart of a Typical Sessions Division

District & Sessions Judge

Member Majlis-e-Shoora Additional District & Sessions Judge

Qazi

Senior Civil Judge Judicial Magistrate

Ministerial Staff Civil Judge Process Serving Agency

High Court of Balochistan Annual Report 2003: 127 11.11 Budgetary Statistics

Distribution of Final Budget for the year 2002-2003 under the head 6.210 Justice Law Courts A High Court

Object Particulars Allocation High Court High Court Total 2002-2003 Quetta Bench Sibi 01100 Total Pay of Officers 8,025,605 7616375 409230 8,025,605 01200 Total Pay of Staff 8,062,565 7614721 447844 8,062,565 02000 Total Regular Allowance 8,767,514 8172047 595467 8,767,514 03000 Total Other Allowance (EX. TA) 299,305 298,955 350 299,305 Honria 8,955 8,955 8,955 03400 Medical Charges 290,350 290000 350 290,350 10000 Purchase of D-Goods 2,069,000 2,007,000 62,000 2,069,000 11000 Purchase of Transport 2,007,000 2007000 2,007,000 Purchase of Cycle - - 12000 Purchase of M& E 50,000 50000 50,000 13000 Purchase of F & F 12,000 12000 12,000 40000 R/M of D/Goods 475,473 449,973 25,500 475,473 41000 R/M of Transport 359,238 356138 3100 359,238 42000 R/M of M & E 113,835 93835 20000 113,835 43000 R/M of F&F 2,400 2400 2,400 50000 Commodities 7,617,001 7,183,001 434,000 7,617,001 51000 Transportation 1,810,987 1,718,987 92,000 1,810,987 51100 T.A to Government Servant 463,831 399831 64000 463,831 51300 P.O.L Charges 1,343,076 1315076 28000 1,343,076 51400 Transportation of Goods - - 51200 Conveyance 4,080 4080 4,080 52000 Communication 1,539,107 1,439,107 100,000 1,539,107 52100 P & T 270,000 250000 20000 270,000 52200 T & T 1,269,107 1189107 80000 1,269,107 53000 Utilities 2,595,048 2,453,048 142,000 2,595,048 53100 Gas 929,487 929487 929,487 53200 Water 35,000 3000 32000 35,000 53300 Electricity 1,513,405 1413405 100000 1,513,405 53400 Hot & Cold W/C 117,156 107156 10000 117,156 54000 Stationary 520,000 500000 20000 520,000 55000 Printing 494,850 479850 15000 494,850 56000 Books 278,528 255528 23000 278,528 57000 Uniform 88,710 86710 2000 88,710 59000 Other 289,771 249771 40000 289,771 60000 Transfer Payment 2,295,430 2,295,430 - 2,295,430 64200 Grant in Aid to Bar 2,200,000 2200000 2,200,000 67000 Entertainment 95,430 95430 95,430 64201 Grant in Aid for ATC 4,178,646 4178646 4,178,646 Total 41,790,539 39,816,148 1,974,391 41,790,539

128 High Court of Balochistan Annual Report 2003 Distribution of Final Budget grant for the year 2002-2003 under the head 6.210 Justice Law Courts A High Court, Quetta

D.F. Object Particulars Allocation 2002-2003

6.210 01100 Total Pay of Officers 7616375 01200 Total Pay of Staff 7614721 02000 Total Regular Allowance 8172047 03000 Total Other Allowance (EX. TA) 298,955

Honraria 8955

03400 Medical Charges 290000 10000 Purchase of D-Goods 2,007,000

11000 Purchase of Transport 2007000

Purchase of Cycle 0

12000 Purchase of M& E 0

13000 Purchase of F & F 0 40000 R/M of D/Goods 449,973

41000 R/M of Transport 356138

42000 R/M of M & E 93835

43000 R/M of F&F 0 50000 Commodities 7,183,001 51000 Transportation 1,718,987

51100 T.A to Government Servant 399831

51300 P.O.L Charges 1315076

51400 Transportation of Goods 0

512000 Conveyance 4080 52000 Communication 1,439,107

52100 P & T 250000

52200 T & T 1189107 53000 Utilities 2,453,048

53100 Gas 929487

53200 Water 3000

53300 Electricity 1413405

53400 Hot & Cold W/C 107156 54000 Stationary 500000 55000 Printing 479850 56000 Books 255528 57000 Uniform 86710 59000 Other 249771 60000 Transfer Payment 6,474,076

64200 Grant in Aid to Bar 2200000

Grant in Aid for ATC 4178646

67000 Entertainment 95430 Total 39,816,148

High Court of Balochistan Annual Report 2003: 129 Distribution of Budget Grant for the year 2002-2003 under the head 6.210 Justice Law Courts A High Court, Sibi Bench

D.F. Object Particulars Allocation 2001-2002 6.210 01100 Total Pay of Officers 409230 01200 Total Pay of Staff 447844 02000 Total Regular Allowance 595467 03000 Total Other Allowance (EX. TA) 350 Honraria -

03400 Medical Charges 350 10000 Purchase of D-Goods 62,000

11000 Purchase of Transport 0

Purchase of Cycle 0

12000 Purchase of M& E 50000

13000 Purchase of F & F 12000 40000 R/M of D/Goods 25,500

41000 R/M of Transport 3100

42000 R/M of M & E 20000

43000 R/M of F&F 2400 50000 Commodities 434,000 51000 Transportation 92,000

51100 T.A 64000

51300 P.O.L Charges 28000

51400 Transportation of Goods 0

512000 Conveyance 0 52000 Communication 100,000

52100 P & T 20000

52200 T & T 80000 53000 Utilities 142,000

53100 Gas 0

53200 Water 32000

53300 Electricity 100000

53400 Hot & Cold W/C 10000 54000 Stationary 20000 55000 Printing 15000 56000 Books 23000 57000 Uniform 2000 59000 Other 40000 60000 Transfer Payment -

64200 Grant to Bar Council 0 67000 Entertainment 0

0 Total 1,974,391

130 High Court of Balochistan Annual Report 2003 131

Distribution of Final Budget for the Courts of Sessions Judges/Additional Sessions Judges for the Year 2002-2003 under the head 6.210 Justice Law Courts C-I Sessions Courts

Particulars Allocation Quetta Special Pishin Nushki Kharan Loralai Zhob Sibi Dera Dera Usta Mustung Khuzdar Hub Mekran Musa Reserved Total 2002-2003 Court Allah Yar Murad Mohamma Khail Quetta Jamali d Total Pay of Officers 6,118,041 1,518,534 122,775 375,395 216,500 126,000 277,230 319,300 511,300 387,629 499,000 17,780 458,646 337,270 335,400 441,500 173,782 6,118,041

Total Pay of Staff 13,116,785 2,930,185 370,910 767,394 517,303 462,000 653,023 416,100 1,077,760 982,700 670,700 549,918 878,978 1,026,720 576,800 1,004,700 231,594 13,116,785

Total Regular Allowance 10,905,850 2,253,816 251,200 669,305 450,542 365,000 567,998 447,472 882,274 793,702 613,300 366,520 703,123 834,700 584,100 824,200 298,598 10,905,850

Total Other Allowance EX. TA 237,369 32,683 - - - - 111,175 - 25,000 - 2,561 - 27,200 - - - 38,750 - 237,369

Medical 237,369 32,683 111,175 25,000 2,561 27,200 38,750 237,369

Leave Salaries - - Purchase of D-Goods 2,430,450 512,000 29,000 160,000 68,400 50,000 437,900 50,000 200,000 153,150 172,000 100,000 190,000 70,000 75,000 113,000 50,000 - 2,430,450

Purchase of Cycle 45,550 12,000 4,000 6,400 3,150 12,000 8,000 45,550

Purchase of M& E 609,900 70,000 70,000 12,000 87,900 100,000 50,000 60,000 50,000 60,000 20,000 30,000 609,900

Purchase of F & F 1,775,000 430,000 25,000 90,000 50,000 50,000 350,000 50,000 100,000 100,000 100,000 50,000 130,000 50,000 75,000 75,000 50,000 1,775,000 R/M of D/Goods 1,154,126 318,000 39,000 104,080 40,000 20,000 25,133 40,000 130,000 44,000 103,328 35,585 50,000 73,000 15,000 92,000 25,000 - 1,154,126

R/M of Transport 801,461 223,000 21,000 80,000 15,000 20,000 18,133 40,000 90,000 40,000 68,328 20,000 40,000 36,000 15,000 50,000 25,000 801,461

R/M of M & E 164,665 45,000 8,000 14,080 10,000 3,000 30,000 2,000 5,000 15,585 20,000 12,000 164,665

R/M of F&F 188,000 50,000 10,000 10,000 15,000 4,000 10,000 2,000 30,000 10,000 17,000 30,000 188,000

R/M of Building - - Commodities 9,990,694 2,465,656 90,310 618,129 389,104 322,000 315,450 442,513 1,053,000 577,000 630,263 271,500 653,828 708,845 427,500 793,300 232,896 - 9,991,294

Transportation 3,793,092 677,656 13,310 249,159 153,334 120,000 111,550 175,000 495,000 291,000 267,348 42,000 350,389 239,000 166,500 335,000 106,846 - 3,793,092

T.A 1,244,880 156,972 13,310 78,611 45,000 60,000 5,950 65,000 160,000 100,000 82,348 20,000 188,389 75,000 150,000 44,300 1,244,880

P.O.L 2,547,212 519,684 170,548 108,334 60,000 105,600 110,000 335,000 191,000 185,000 22,000 162,000 164,000 166,500 185,000 62,546 2,547,212

Conveyance 1,000 1,000 1,000 Communication 1,680,298 310,000 25,000 95,000 75,000 80,000 70,000 105,553 135,000 80,000 123,400 72,500 78,000 124,845 122,000 136,000 48,000 - 1,680,298

P & T 116,245 10,000 5,000 10,000 5,000 3,000 20,000 10,000 8,900 2,500 5,000 3,845 12,000 16,000 5,000 116,245

T & T 1,564,053 300,000 20,000 85,000 70,000 80,000 70,000 102,553 115,000 70,000 114,500 70,000 73,000 121,000 110,000 120,000 43,000 1,564,053 High Court of Balochistan Annual Report 2003: Utilities 2,105,460 808,000 10,000 115,000 59,030 65,000 59,230 65,000 165,000 92,000 108,000 85,000 82,800 200,000 10,000 165,000 17,000 - 2,106,060

Gas 395,000 300,000 30,000 10,000 5,000 15,000 10,000 25,000 395,000

Water 35,000 10,000 2,000 3,000 5,000 10,000 5,000 35,000

Electricity 1,217,230 400,000 55,000 40,000 50,000 37,230 45,000 120,000 70,000 80,000 30,000 30,000 140,000 120,000 1,217,230

Hot & Cold W/C 458,230 98,000 10,000 30,000 19,030 15,000 22,000 20,000 35,000 15,000 10,000 40,000 27,800 50,000 10,000 40,000 17,000 458,830 Stationary 864,740 200,000 25,000 50,000 29,740 25,000 40,000 30,000 85,000 50,000 50,000 30,000 50,000 60,000 50,000 60,000 30,000 864,740

Printing 468,300 250,000 30,000 15,000 15,000 65,000 5,000 20,000 10,000 20,000 20,000 18,300 468,300

Books 411,224 90,000 20,000 25,000 10,000 8,070 15,000 42,000 20,000 22,515 10,000 33,639 40,000 20,000 40,000 15,000 411,224

Uniform 72,580 30,000 2,000 3,970 2,000 2,000 1,600 1,960 6,000 4,000 4,000 2,000 4,000 4,000 4,000 1,050 72,580

Other 595,000 100,000 15,000 55,000 30,000 20,000 25,000 35,000 60,000 35,000 35,000 20,000 35,000 45,000 35,000 35,000 15,000 595,000

Others Payment of Cast of Land -

Total 43,953,315 10,030,874 903,195 2,694,303 1,681,849 1,345,000 2,387,909 1,715,385 3,879,334 2,938,181 2,691,152 1,341,303 2,961,775 3,050,535 2,013,800 3,268,700 1,050,620 - 43,953,915 Distribution of Final Budget for Senior Civil Judges, Civil Judges, Member Majlis-eShoora, Qazis, and Judicial Magistrates in Balochistan Province for the year 2002-2003 under the head 6.210 Justice Law Courts C-II Subordinate Courts

D.F. Object Particulars Allocation Quetta Pishin Nushki Kharan Loralai Musa Zhob Sibi Dera Dera Usta Mustung Khuzdar Hub Mekran Reserve Total 2002-2003 Khail Allah Yar Murad Mohamma Jamali d

6.210 1100Total Pay of Officers 10,921,928 1,300,837 553,702 630,369 632,700 1,072,365 279,915 367,148 1,234,644 250,875 563,201 172,800 1,043,052 814,200 498,120 1,508,000 10,921,928

1200Total Pay of Staff 16,527,905 2,507,688 1,232,920 930,570 872,000 1,845,300 287,000 545,760 2,461,699 432,885 815,600 418,210 1,253,183 880,290 617,800 1,427,000 16,527,905

2000Total Regular Allowance 16,513,710 2,062,840 1,153,615 968,735 894,500 1,890,157 356,467 614,191 2,354,000 368,950 871,966 377,349 1,306,195 960,645 684,600 1,649,500 16,513,710

3000Total Other Allowance EX. TA 338,987 331,233 3,500 - - - - - 4,254 ------338,987

3400Medical 338,987 331,233 3,500 4,254 338,987

Leave Salaries - - 10000Purchase of D-Goods 1,763,700 664,150 103,000 66,400 70,000 - 30,000 40,000 160,000 23,150 110,000 24,000 125,000 135,000 60,000 153,000 - 1,763,700

Purchase of Cycle 54,550 8,000 6,400 10,000 3,150 10,000 4,000 13,000 54,550

12000Purchase of M& E 584,150 524,150 10,000 25,000 25,000 584,150

13000Purchase of F & F 1,125,000 140,000 95,000 60,000 70,000 30,000 40,000 140,000 20,000 100,000 20,000 100,000 110,000 60,000 140,000 1,125,000 40000R/M of D/Goods 352,710 56,900 40,000 20,000 - 7,100 1,710 - 43,000 23,000 25,000 18,000 35,000 23,000 12,000 48,000 - 352,710

41000R/M of Transport 33,900 6,900 3,000 1,000 2,000 3,000 5,000 3,000 2,000 8,000 33,900

42000R/M of M & E 95,000 20,000 15,000 10,000 2,000 3,000 5,000 10,000 10,000 20,000 95,000

43000R/M of F&F 223,810 30,000 25,000 10,000 7,100 1,710 40,000 20,000 20,000 10,000 20,000 10,000 10,000 20,000 223,810

R/M of Building - - 50000Commodities 5,865,510 1,377,807 483,079 318,000 316,500 373,500 103,607 140,500 679,400 190,000 264,885 118,600 249,497 392,835 195,000 662,300 - 5,865,510

51000Transportation 1,996,373 120,067 102,079 150,000 215,000 220,000 38,107 70,000 294,000 80,000 92,200 23,800 44,957 185,835 20,000 337,800 - 1,993,845

51100T.A 1,994,373 118,067 102,079 150,000 215,000 220,000 38,107 70,000 294,000 80,000 92,200 23,800 44,957 185,835 20,000 337,800 1,991,845

Conveyance 2,000 2,000 2,000 52000Communication 714,300 213,000 56,000 36,000 21,500 47,500 6,500 8,500 100,500 30,000 24,500 39,800 26,000 20,000 47,000 37,500 - 714,300

52100P & T 56,500 5,000 10,000 2,000 2,000 10,000 5,000 5,000 2,500 10,000 5,000 56,500

5200T & T 657,800 213,000 51,000 26,000 19,500 47,500 6,500 6,500 90,500 25,000 19,500 37,300 26,000 20,000 37,000 32,500 657,800 5300Utilities 1,023,540 300,000 115,000 52,000 35,000 41,000 14,000 12,000 95,000 22,000 70,000 15,000 83,540 52,000 10,000 107,000 - 1,023,540

53100Gas 160,000 100,000 30,000 10,000 20,000 160,000

53200Water 22,000 2,000 5,000 10,000 5,000 22,000

533000Electricity 318,540 100,000 30,000 15,000 15,000 10,000 40,000 10,000 40,000 8,540 50,000 318,540

534000Hot & Cold W/C 523,000 100,000 55,000 37,000 20,000 31,000 14,000 12,000 45,000 10,000 30,000 10,000 55,000 42,000 10,000 52,000 523,000 54000Stationary 785,000 200,000 40,000 25,000 20,000 40,000 15,000 15,000 110,000 15,000 35,000 20,000 50,000 70,000 30,000 100,000 785,000

55000Printing 414,100 306,200 15,000 15,000 10,000 19,900 3,000 10,000 5,000 20,000 10,000 414,100

56000Books 320,657 100,000 20,000 20,000 15,000 5,000 10,000 10,000 25,000 25,000 13,185 5,000 10,000 25,000 10,000 30,000 323,185

57000Rent 48,000 48,000 48,000

59000Other 563,540 138,540 135,000 20,000 10,000 20,000 20,000 15,000 35,000 15,000 20,000 10,000 15,000 40,000 20,000 50,000 563,540

Total 52,284,450 8,301,455 3,569,816 2,934,074 2,785,700 5,188,422 1,058,699 1,707,599 6,936,997 1,288,860 2,650,652 1,128,959 4,011,927 3,205,970 2,067,520 5,447,800 - 52,284,450 High Court of Balochistan Annual Report 2003 132 Distribution of Final Budget for the year 2002-2003 Under the head 6.210 Justice Law Courts C-3 Process Serving Estt

D.F. Object Particulars Allocation Quetta Loralai Sibi Khuzdar Reserve Total

6.210 0000 Total Estt Charges

012 Total Pay of Staff 625,192 432,120 66,420 81,367 45,285 625,192

020 Total Regular Allowance 404,931 268,449 46,992 61,210 28,280 404,931

Total 1,030,123 700,569 113,412 142,577 73,565 - 1,030,123

Appropriation Account Total Final Budget Grant for the year 2002-2003 Under the head 6.210 Justice Law Courts

Allocation

A-High Court 37,611,893

ATC (Grant in Aid Through High Court) 4,178,646

C-I Sessions Courts 43,953,915

C-II Subordinate Courts 52,284,450

C-III Process Serving 1,030,123

D-4 Labour Courts 4,206,641

Total 143,265,668

High Court of Balochistan Annual Report 2003: 133 THIS PAGE BLANK

134 High Court of Balochistan Annual Report 2003 Court Building and Development Schemes

High Court of Balochistan Annual Report 2003: 135 THIS PAGE BLANK

136 High Court of Balochistan Annual Report 2003 12 COURT BUILDING AND DEVELOPMENT SCHEMES

12.1 Court Building and Security Arrangements The building of the High Court of Balochistan consists of ten Court rooms with spacious Chambers for worthy Judges, which are at present sufficient to cater the requirements of the present strength of Judges, while the remaining rooms left for administrative staff are insufficient to accommodate all the established branches, for which a revised PC-I for extension of the present building as well as to house Law Officers and some branches of High Court, has been forwarded to the provincial government for inclusion in the ADP 2003-04, which has now been approved and the construction work to commence during the year 2004. The additional block on completion would provide large space in the basement for keeping the record in safe and tidy condition and will be capable of quick retrieval, while the other rooms on three storey building would be utilized for offices of Law Officers and for Branches, which are less important as for the daily working of the Court is concerned. The basement on either side of the new building with its roof will be utilized for car parking in a safe manner, and vehicles would not spoil by parking in the open. The security of the High Court building is assigned to the Provincial Police Department, whereby a contingent of 9 police personnel with one Inspector being security incharge is deployed for the safety of the building, who keep on alert day and night during their respective duty hours to meet any eventuality and to check the incoming and outgoing public and traffic. Also in the time of any exigency, a platoon of the police contingent is deployed outside the Court premises for keeping proper security. However, in view of the changing law and order situation in the city, strict measures are being observed for peace and safety of the staff and building. For this purpose, a revised PC-1 has been prepared which would provide for the fixing of the security check panels at entry points of the High Court building and for refurbishment of the existing Court building.

12.2 Facilities for Advocates and the Bar The Advocates of the Supreme Court as well as of the High Court have been provided with well furnished Bar rooms; office bearer room for High Court Bar Association in the High Court building at Quetta, whereas in all Sessions Court buildings, a large furnished Bar room with limited supply of law books has also been provided at District Court level. It may be mentioned here that a Law Library for lawyers fraternity comprising of two large rooms has also been established in the High Court of Balochistan, which do provide Law books and reference material on each essential aspect including Islamic Theology to the Advocates and at present the number of quality law books is over 8,000. Besides, the Judges Library of the High Court of Balochistan houses over 13,000 law books provided primarily for the utility of Judges and Court staff accessible even to the Advocate at large. Also Law journals and upto date law books are being procured on regular basis to keep the readers abreast of the change in laws and latest case law on variety of subjects can be tendered/cited in the courts of Law. Also a latest computer has been installed in the Judges’ Library, which contains a complete list of available books and easy for the search of any title or contents for reference, while efforts are afoot to provide full time internet connection so that reference material from other Courts/Law sites can be acquired with ease. The three large library rooms have a calm and quite atmosphere with tables and chairs for readers to carryout research and reference work with the peace of their mind.

High Court of Balochistan Annual Report 2003: 137 12.3 Development Schemes The High Court of Balochistan, for implementation under the Access to Justice Programme, has got prepared 27 new Schemes (PC-I’s) at a total cost of Rs.445.000 million, out of which the following 19 Schemes at a total cost of Rs.291.26 million have been ﬁnally approved by the Federal Government, to be constructed under a phased programme in the forthcoming years:

Approved Cost S.No. Names of the Schemes (million) 1. Construction of Ground Four 2 rooms and 1st flour of Sessions 7.830 Court Building Khuzdar. 2. Construction of Residential Accommodation for Judiciary De- 16.626 partment at Lesbella District. 3. Construction of Residential Non Residential Accommodation for 9.207 Judiciary staff at Usta Muhammad. 4. Construction of three Court rooms along with one number bun- 17.141 galow of Grade (18-19) ad three number bungalows of Grade (15-17) for Judiciary Department at Loralai. 5. Construction of Residential/Non Residential accommodation for 9.491 Judiciary staff at Jafarabad. 6. Construction of Residential/Non Residential Accommodation 18.624 for Judiciary Staff at Nasirabad. 7. Construction of five rooms Court alongwith two numbers Grade 22.572 (18-19) and two numbers bungalows Grade (15-17) at Musakhel. 8. Construction of Grade (18-19) bungalow for Presiding Officer 3.344 Labour Court Sibi. 9. Construction of Residential accommodation for Judiciary at 26.669 Quetta. 10. Construction of Court room complex at the Dasht District Mas- 8.927 tung. 11. Construction of one room Court of Judicial Magistrate along 7.672 with two number bungalows Grade (15-17) for Judicial Magis- trate and Qazi at Barkhan. 12. Construction of one room Court along with bungalow Grade 5.636 (15-17) for Judicial Magistrate at Duki. 13 Construction of one room Court along with bungalow Grade 5.092 (15-17) for Judicial Magistrate Sanjavi at Bori. 14. Construction of three Court room at Hub, two Court room at 19.024 Bela. 15. Construction of two court room building complex at Dera Bugti. 17.734 16. Construction of Court complex at District Kachhi:— 39.208 Const. of three Court room building at Dhadar. Const. of three Court room building at Bhag. Const. of three Court room building at Gandawa. Const. of three Court room building at Mach.

138 High Court of Balochistan Annual Report 2003 17. Construction of two Court room/complex and residential ac- 12.234 commodation at Mashkay (District Awaran). 18. Construction of three numbers additional courts at Sibi & Harni. 19.747 19. Construction of Additional Sessions Court Building & Residen- 24.482 tial accommodation at Awaran. Total: 291.26

It may, however be pointed out that until now only 3 schemes at Khuzdar, Lasbella at Hub and Usta Muhammad have been launched, for which, out of a total allocation of Rs.17.000 million, a sum of Rs.14.403 million has been incurred, while the Scheme at Khuzdar to be completed in December, 2003 and at Hub in June, 2004, whereas a revised PC-I has to be prepared for the Scheme at Usta Muhammad due to non availability of land at the proposed site. The detail of expenditure in the aforesaid schemes is also annexed at appropriate place in this report.

12.4 Progress Report of Development Schemes Launched Under the Access to Justice Programme Loan There are 36 number of approved Development schemes for various Departments being implemented under the Access to Justice Programme Loan costing Rs.663.754 million. The release/utilization position ending November 2003 is as under:—

UTILIZATION AGAINST 1ST AND 2ND TRANCH OF RS.48.000 MILLION AND RS.24 MILLION PRO VIDED BY FEDERAL GOVERNM ENT DURING 2002-03 & 2003-04.

S.# Departments N o. of A pproved Releases Total Remarks sch em es Cost made so Expenditure far 1. Judiciary 18 263.974 17.000 14.403 85% Department. 2. Prisons 11 239.208 18.000 6.500 36% Department. 3. Police 3 95.578 21.000 20.900 100% Department. 4. Law 3 7.066 4.500 1.909 45% Department. 5. Levies 1 57.928 7.500 5.992 80% Department. Total:- 36 663.754 68.00 49.704 73%

High Court of Balochistan Annual Report 2003: 139 UTILIZATION AGAINST 1ST AND 2ND TRANCH OF RS.48.000 MILLION AND RS.24 MILLION PRO VIDED BY FEDERAL GOVERNM ENT DURING 2002-03 & 2003-04.

JUDICIARY DEPARTM ENT

S.# N am e of Schem e Approved Release Expenditure Release as Total Total Remarks Cost as per 1st 6/2003 per 2nd Release Expenditu Tranch Tranch re 1. Construction of Ground Floor Rs.7.578 m Rs.3.00 m Rs.3.00 m Rs.4.578 m Rs.7.578 m Rs.7.403 m To be com pleted in Two Rooms and D ecem ber 2003 First Floor of Sessions C ourt Building Khuzdar. 2. Construction of Residential Rs.16.262 m Rs.7.00 m Rs.7.00 m Rs.2.422 m Rs.9.422 m Rs.7.00 m To be com pleted in A ccom m odation Ju ne 2004 for Jud iciary Department at Lasbella District. 3. Construction of Residential/N on Rs.9.207 m Rs.4.00 m Funds could not be Residential utilized & su rrendered. (New A ccom m odation PC-I to be prepared). for Jud iciary Staff at Usta M uham m ad Total:- Rs.33.047 m Rs.14.0 m Rs.10.00 m Rs.7.00 m Rs.17.00 m Rs.14.403 m -

140 High Court of Balochistan Annual Report 2003 Former Chief Justices and Judges of the High Court of Balochistan

High Court of Balochistan Annual Report 2003: 141 THIS PAGE BLANK

142 High Court of Balochistan Annual Report 2003 13 FORMER CHIEF JUSTICES AND JUDGES OF THE HIGH COURT OF BALOCHISTAN

Date of Appointment Date of Appointment S.No. Names of Judges as Judge as Chief Justice Remarks 1 Mr. Justice Khuda Bakhsh Marri 21-10-1970 01-12-1976 to 16-07-1977 Retired as 18-09-1978 to 25-03-1981 Chief Justice 2 Mr. Justice Abdul Hayee Qureshi 07-02-1972 14-07-1977 to 23-07-1978 Judge (Back to Sind High Court) 3 Mr. Justice M.A Rasheed 08-10-1977 24-07-1978 to 18-09-1978 Retired as Judge 4 Mr. Justice Zakaullah Lodhi (Late) 01-12-1976 25-03-1981 to 19-10-1984 Died while Chief Justice 5 Mr. Justice Mir Hazar Khan Khoso 20-06-1977 13-12-1989 to 29-09-1991 Retired as Chief Justice 6 Mr. Justice Abdul Qadeer Chaudhary 20-06-1977 20-10-1984 to 30-08-1985 Acting Chief Justice 29-03-1987 to 13-12-1989 Elevated to Supreme Court ihCuto aohsa nulRpr 2003: Report Annual Balochistan of Court High 7 Mr. Justice Muhammad Jaﬀar Naim 14-05-1981 23-02-1985 Retired as Judge 8 Mr. Justice Muftikhar-ud-Din (Late) 22-05-1982 Nil Retired as Judge (Appointed as Judge Shariat Court on 10-03-1986) (Retired on 09-03-1990) 9 Mr. Justice Ajmal Mian 17-03-1980 30-03-1985 to 29-03-1987 Judge (Back to Sind High Court) 10 Mr. Justice Munawar Ahmed Mirza 31-03-1985 29-09-1991 to 16-11-1996 Elevated to Supreme Court 11 Mr. Justice Nazir Ahmed Bhatti 03-04-1985 07-09-1987 Judge (Back to Peshawar High Court) 12 Mr. Justice Amir-ul-Mulk Mengal 26-03-1986 17-11-1996 to 22-04-1999 Retired as Chief Justice 13 Mr. Justice Iftikhar Muhammad Chaudhary 06-04-1990 22-04-1999 to 04-02-2000 Elevated to Supreme Court 14 Mr. Justice Mir Muhammad Nawaz Marri (Late) 07-03-1996 Judge (Murdered on 07-01-2000) 15 Mr. Justice Javed Iqbal 07-03-1996 04-02-2000 to 28-04-2000 Elevated to Supreme Court 16 Mr. Justice Tariq Mehmood 06-09-2000 Resigned as Judge 143 THIS PAGE BLANK

144 High Court of Balochistan Annual Report 2003 Photographs

High Court of Balochistan Annual Report 2003: 145 THIS PAGE BLANK

146 High Court of Balochistan Annual Report 2003 14 PHOTOGRAPHS

High Court of Balochistan Annual Report 2003: 147 148 High Court of Balochistan Annual Report 2003