High Court of Balochistan Annual Report 2003
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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 sugges- tions 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