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Supreme Court of Pakistan Annual Report 2002

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Supreme Court of Pakistan Annual Report 2002 Supreme Court of Pakistan Annual Report 2002 THIS PAGE BLANK Supreme Court Annual Report 2002: 4 Supreme Court of Pakistan Annual Report 2002 c 2003 National Judicial (Policy Making) Committee This Annual Report is published by the Secretariat of the Law and Justice Commission of Pakistan. This report can be viewed at the Supreme Court website http://www.scp.com.pk as well as at the Law and Justice Commission of Pakistan webste 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. Supreme Court Annual Report 2002: 6 Contents 1 FOREWORD BY THE CHIEF JUSTICE OF PAKISTAN 1 2 THE SUPREME COURT OF PAKISTAN AND ITS ORGANISATION 5 2.1 The Supreme Court as the Court of the Last Resort .................. 5 2.1.1 The Apex Court ................................. 5 2.1.2 The Guardian Court ............................... 5 2.1.3 Final Arbiter of the Law and the Constitution ................. 5 2.1.4 Action in Aid of the Supreme Court ....................... 5 2.1.5 Financial Autonomy ............................... 5 2.2 Jurisdiction of the Court ................................. 6 2.2.1 Original Jurisdiction ............................... 6 2.2.2 Appellate Jurisdiction .............................. 6 2.2.3 Advisory Jurisdiction ............................... 7 2.2.4 Review Jurisdiction ................................ 7 2.2.5 Appellate Jurisdiction against Judgements of Federal Shariat Court ..... 7 2.2.6 Power to Transfer Cases ............................. 7 2.2.7 Decision of the Supreme Court binding on other Courts ............ 7 2.2.8 Issue and Execution of Process of the Supreme Court ............. 7 2.2.9 Rule Making Powers ............................... 7 2.3 Role and Functions of the Chief Justice ......................... 8 2.4 Seat of the Court and Branch Registries ........................ 13 2.4.1 The Principal Seat ................................ 13 2.4.2 The Branch Registry at Lahore ......................... 13 2.4.3 The Branch Registry at Karachi ......................... 14 2.4.4 The Branch Registry at Peshawar ........................ 14 2.4.5 The Branch Registry at Quetta ......................... 14 2.5 Supreme Court Composition 2002 ............................ 17 2.5.1 The Chief Justices ................................ 17 2.5.2 The Judges of the Court ............................. 17 2.5.3 Ad-Hoc Members, Shariat Appellate Bench .................. 17 2.5.4 Attorney General for Pakistan .......................... 17 2.5.5 Registrar ...................................... 17 2.6 Organisation Chart of the Supreme Court ....................... 18 2.7 Bio Data of Mr. Justice Sh. Riaz Ahmad, Chief Justice of Pakistan ......... 20 2.8 Judges of the Supreme Court .............................. 23 3 SIGNIFICANT JUDGEMENTS OF THE COURT DURING THE YEAR 2002 33 3.1 Sheikh Rashid Ahmad v. Majid Nizami, Editor-in-Chief, The Nation and Nawa-e- Waqt and Another (PLD 2002 SC 514) ......................... 33 3.2 United Bank Limited v. Farooq Brothers and Others (PLD 2002 SC 800) ...... 35 3.3 Qazi Hussain Ahmad, Ameer Jamaat-e-Islami Pakistan and others v. General Pervez Musharraf, Chief Executive and others (PLD 2002 Supreme Court 853) ....... 38 Supreme Court Annual Report 2002: i 3.4 Supreme Court Bar Association of Pakistan v. Federation of Pakistan and others (PLD 2002 SC 939) .................................... 41 3.5 Pakistan Muslim League (Q) and others v. Chief Executive of the Islamic Republic of Pakistan and others (PLD 2002 SC 994) ....................... 49 3.6 Watan Party through Punjab President Ladies Wing Tasneem Shaukat Khan v. Chief Executive/President of Pakistan, and Another (PLD 2003 SC 74) .......... 52 3.7 Supreme Court Bar Association of Pakistan v. Federation of Pakistan and Others (PLD 2003 SC 82) .................................... 57 4 JUDICIAL ACTIVITY AND STATISTICS 61 4.1 Court Performance During the Year 2002 ........................ 61 4.2 Distribution of Work: The Principal Seat of the Court and Branch Registries .... 62 4.2.1 Statement of Court Sessions, 2002 at Principal Seat, Islamabad ....... 62 4.2.2 Branch Registry, Lahore ............................. 64 4.2.3 Branch Registry, Karachi ............................. 65 4.2.4 Branch Registry, Peshawar ............................ 65 4.2.5 Branch Registry, Quetta ............................. 66 4.3 Statistics on the Institution and Disposition of Cases During the Year 2002 ..... 67 4.3.1 Statement Showing Institution, Pendency and Disposal of cases at Islamabad (1-1-2002 to 31-12-2002) ............................. 67 4.3.2 Statement Showing Institution, Pendency and Disposal of Cases at Lahore (1-1-2002 to 31-12-2002) ............................. 69 4.3.3 Statement Showing Institution, Pendency and Disposal of Cases at Karachi (1-1-2002 to 31-12-2002) ............................. 70 4.3.4 Statement Showing Institution, Pendency and Disposal of Cases at Peshawar (1-1-2002 to 31-12-2002) ............................. 71 4.3.5 Statement regarding Institution, Pendency and Disposal of Cases at Quetta (1-1-2002 to 31-12-2002) ............................. 72 4.3.6 Consolidated Statements for the Principal Seat and Branch Registries .... 73 4.3.7 Average Monthly Institution and Disposal During the Year .......... 76 4.3.8 Some Visible Trends ............................... 77 4.3.9 Trend of Pending Cases Over the Last Ten Years ............... 78 4.3.10 Trend of Institution of Cases Over the Last Ten Years ............. 79 4.3.11 Trend of Disposal of Cases Over the Last Ten Years .............. 80 4.3.12 Comparative Graph of Cases Filed, Decided and Pending ........... 81 4.3.13 Analysis of the Pending Balance ......................... 82 4.3.14 Pending Balance According to Age of Cases as on 31-12-2002 ......... 84 4.3.15 Data for the Last Five Decades: Increase in Institution of Cases as Compared to Increase in the Number of Judges ...................... 85 5 SOCIAL OBJECTIVES AND THE CONTRIBUTION OF JUDGES 93 5.1 Judges of Supreme Court Nominated to Various Committees, Tribunals, University Syndicates and other Bodies ............................... 93 5.2 International Interaction ................................. 96 5.2.1 Visits Abroad by Chief Justice of Pakistan ................... 96 Supreme Court Annual Report 2002: ii 5.2.2 “Legal and Institutional Framework for the Protection of Environment in Pakistan” By Justice Sh. Riaz Ahmad, Chief Justice of Pakistan ....... 96 5.2.3 Concluding Remarks of Justice Sheikh Riaz Ahmad, Chief Justice of Pakistan at the Inaugural Session of South Asian Judicial Colloquium on Access to Justice at New Delhi on 1-3 November 2002 .................. 101 5.2.4 SAARC Chief Justices’ Conference at Jaipur, India from 20-22 September 2002 (Judicial Review and Environment Talk Points)—Remarks by the Chief Justice of Pakistan ................................ 102 5.2.5 Speeches of Mr. Justice Sh. Riaz Ahmad, Chief Justice of Pakistan During the Year 2002 ................................... 105 5.2.6 Visits Abroad by Judges of the Supreme Court of Pakistan .......... 106 5.3 The Supreme Court and the Media ........................... 107 6 CODE OF CONDUCT FOR JUDGES OF THE SUPREME COURT AND THE HIGH COURTS 111 7 THE SUPREME JUDICIAL COUNCIL 115 8 THE COURT REGISTRY 119 8.1 Functions ......................................... 119 8.2 Goals ............................................ 119 8.3 Services .......................................... 120 8.4 Staff Welfare Fund .................................... 122 9 FINANCING FOR THE SUPREME COURT 125 9.1 Expenditure During the Last Financial Year 2001–2002 ................ 125 9.2 Budgetary Allocation for the Year 2002–2003 ...................... 126 9.3 The Share of the Supreme Court of Pakistan in the Federal Budget ......... 131 10 LEGAL RESEARCH AT THE SUPREME COURT 135 10.1 The Supreme Court of Pakistan Library ........................ 135 10.2 Information Technology at the Supreme Court and Web Presence .......... 136 10.2.1 Court Automation Plan ............................. 136 10.2.2 The Growing Website of the Court ....................... 137 11 THE COURT BUILDING 143 11.0.3 Building Architecture ............................... 143 11.0.4 Main Central Block ................................ 143 11.0.5 Judges Chambers Block ............................. 143 11.0.6 Administration Blocks .............................. 143 12 JUDICIAL HIERARCHY OF PAKISTAN 147 12.1 Strength of Judges and Administrative Staff Within the Hierarchy .......... 147 Supreme Court Annual Report 2002: iii 13 INFORMATION ON THE ADMINISTRATION OF JUSTICE 151 13.1 Advocates on the Rolls of the Supreme Court ..................... 151 13.2 Current Strength of Attorney General’s Office and Offices of the Advocates General in the Provinces ...................................... 151 14 FORMER CHIEF JUSTICES, JUDGES AND REGISTRARS 155 14.1 Former Chief Justices of the Supreme Court of Pakistan ............... 155 14.2 Former Judges of the Supreme Court .......................... 156 14.3 Former Registrars of Federal Court and Supreme Court of Pakistan ......... 160 Supreme Court Annual Report 2002: iv 1 FOREWORD (In the name of Allah, Most Beneficent, Most Merciful) It is my proud privilege to present to the people of Pakistan the Annual Report of the Supreme Court for the year 2002. A strong feature of this year’s report is the detail that has been provided along with the enhanced analysis
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