SUPREME COURT OF PAKISTAN ANNUAL REPORT June 2018 - May 2019 SUPREME COURT OF PAKISTAN ANNUAL REPORT June 2017 - May 2018 ANNUAL REPORT June 2018 - May 2019 Supreme Court of Pakistan ii Supreme Court of Pakistan Supreme Court of Pakistan Constitution Avenue, G-5/2 Islamabad, Pakistan Ph: +92-051-9220581-600 Fax: +92-051-9215306 E-mail: [email protected] Web: www.supremecourt.gov.pk Branch Registry Lahore Nabha Road, Lahore Ph: 042-99212401-4 Fax: 042-99212406 Branch Registry Karachi MR Kiyani Road, Opposite Shaheen Complex, Karachi Ph: 021-99212306-8 Fax: 021-99212305 Branch Registry Peshawar Khyber Road, Opposite PC Hotel, Peshawar Ph: 091-9213601-5 Fax: 091-9213599 Branch Registry Quetta High Court of Balochistan Building, Quetta. Ph: 081-9201365 Fax: 081-9202244 Published by: Supreme Court of Pakistan Compiled & edited by: Khawaja Daud Ahmad, Additional Registrar (Administration) Saleem Ahmad (Librarian) & Irfan Ullah (Asstt. Librarian) Supreme Court of Pakistan iv Supreme Court of Pakistan 1. Foreword by the Chief Justice of Pakistan 1 2. Registrar’s Report 3 3. Profiles of the Chief Justice and Judges 5 3.1 Profile of the Chief Justice of Pakistan 6 3.2 Profiles of Judges of the Supreme Court of Pakistan 8 3.3 Profiles of Ad-hoc Members Shariat Appellate Bench 25 3.4 Judges retired during June 2018 to May 2019 27 4. Supreme Court of Pakistan 29 4.1 Introduction 30 4.2 Seat of Supreme Court 31 4.3 Branch Registries 31 4.4 Supreme Court Composition, June 2018 to May 2019 32 4.5 Jurisdictions of the Supreme Court 33 4.6 Procedure for the Appointment of Judges of the Supreme 36 Court of Pakistan 4.7 Judicial Commission of Pakistan 36 4.8 Composition of the Judicial Commission of Pakistan 38 4.9 Judicial Commission of Pakistan Rules, 2010 38 4.10 Oath of Office 39 4.11 The Supreme Judicial Council of Pakistan 40 4.12 Code of Conduct for Judges of the Supreme Court and the 41 High Courts 4.13 The Supreme Judicial Council Procedure of Inquiry, 2005 43 4.14 Role and Functions of the Chief Justice of Pakistan 43 5. Court Performance 47 5.1 Overview of Judicial Activities 48 5.2 Statement of Court Sessions from June 2018 to May 2019 49 5.3 Institution and Disposal of Cases from June 2018 to May 59 2019 5.4 Pendency of cases 62 5.5 Institution and Disposal of Petitions & Appeals 63 5.6 Consolidated Statement of Cases 65 6. Statistical Data Analysis 67 6.1 Trend in Institution, Disposal and Pendency of Cases from 68 2001 to 2018 6.2 Institution, Disposal and Pendency of Appeals in the Supreme 70 Court of Pakistan from 1950 to December, 2018 6.3 Institution, Disposal and Pendency of Petitions in the 72 Supreme Court of Pakistan from 1950 to December, 2018 6.4 Institution of Petitions and Appeals over the last six decades 74 Contents ANNUAL REPORT June 2018 - May 2019 v 7. Human Rights Cell 75 7.1 Human Rights Cell 76 7.2 Institution, Disposal and Balance of Cases from June 2018 to 76 May 2019 7.3 Expatriate Pakistanis’ Wing Institution & Disposal of Cases 78 from June 2018 to May 2019 8 Important Cases Decided by the Supreme Court 81 8.1 Notice to Police Constable Khizer Hayat: In the Matter of 82 Criminal Appeal No. 28-L of 2013 8.2 Kanwar Anwar Ali, Special Judicial Magistrate: In the Matter 83 of Criminal Appeal No. 259 of 2018 8.3 Muhammad Yousaf Vs. The State 84 8.4 Civil Aviation Authority Vs. Supreme Appellate Court Gilgit- 85 Baltistan 8.5 National Commission on Status of Women Vs. Government 87 of Pakistan through Secretary Law and Justice 8.6 Maula Bux Shaikh and others Vs. Chief Minister Sindh and 88 others 8.7 Justice Muhammad Farrukh Irfan Khan, Judge, Lahore High 89 Court, Lahore Vs. Federation of Pakistan 8.8 Pakistan International Airlines Corporation and another Vs. 90 Zaeem Aziz Qureshi and another 8.9 Pakistan Bar Council through Chairman and others Vs. 91 Federal Government through Establishment Division and others 8.10 Mst. Laila Qayyum Vs. Fawad Qayum 92 8.11 Suo Moto Case No. 7 of 2017 92 8.12 Government of Sindh through Secretary Health Department 93 and others Vs. Dr. Nadeem Rizvi 8.13 Province of Punjab through Secretary Punjab Public 94 Prosecution Department and another Vs. Muhammad Rafique and others 8.14 Khawaja Muhammad Asif Vs. Muhammad Usman Dar & 94 others 8.15 Ishaq Khan Khakwani and another Vs. Railway Board through 95 Chairman and others 8.16 Abu Bakar Farooq through Chairman and others Vs. 96 Muhammad Ali Rajpar and others 8.17 Mian Sohail Ahmed and others Vs. The State and others 97 8.18 H.M. Extraction Ghee and Oil Industries (Pvt.) Ltd. Vs. Federal 98 Board of Revenue Contents vi Supreme Court of Pakistan 9 The Court and Its Registries 99 9.1 Introduction 100 9.2 The Principal Seat at Islamabad 101 9.3 Branch Registry at Lahore 103 9.4 Branch Registry at Karachi 104 9.5 Branch Registry at Peshawar 106 9.6 Branch Registry at Quetta 107 9.7 Information Technology Section 108 9.8 Record Weeding Section 109 9.9 Court Museum 109 9.10 Court Library 111 9.11 Supreme Court Research Centre 112 9.12 Allocated Budget & Expenditure of the Court. 113 9.13 Staff Welfare Fund 117 9.14 Beneficiaries of Begum Qurrat-ul-Ain Ramday Welfare Trust 117 9.15 Organizational Chart of the Court 118 10. Pictorial Presentation of Events 121 11. Activities of the Chief Justice of Pakistan and Judges 143 11.1 Federal Judicial Academy 144 11.2 Law and Justice Commission of Pakistan 145 11.3 Foreign Tours of the Chief Justice and Judges 151 11.4 Nominations of Hon’ble Serving/Former Judges / officers of 152 this Court in respect of different Institutions/Organizations 12. Supreme Court of Pakistan and the Media 153 13. Information on the Administration of Justice 181 13.1 Present Composition of the Federal Shariat Court and 182 High Courts 13.2 Sanctioned Strength of Judges in Subordinate Judiciary 185 13.3 Strength of Law Officers in the office of Attorney 186 General for Pakistan 13.4 Strength of Law Officers in the office of Advocates General 186 13.5 Strength of Law Officers in the office of Prosecutor General / 187 Director General (Prosecution) 13.6 Advocates on the Rolls of the Supreme Court 188 13.7 Strength of Advocates Enrolled with the Bar Councils 188 13.8 Affiliated Law Colleges with Universities 188 13.9 Judicial Hierarchy 194 14. Former Chief Justices, Judges and Registrars 195 14.1 Former Chief Justices of Pakistan 196 14.2 Former Judges of the Supreme Court 197 14.3 Former Registrars of the Supreme Court 201 Contents ANNUAL REPORT June 2018 - May 2019 vii Justice for All Judicial Anthem The toil, the sweat, the tears and the blood, Make up the labor for the land begot. The freedom is won, but the chains are clung, There are miles to cover, The voyage is tough and the weather is rough, The odyssey begins; The Founder declares his vision Of Democracy, Faith, Tolerance and Compassion. Discriminate the State shall not Thou may belong to any religion, creed or caste. Oh! The vision is distorted, the march is thwarted, Castles in the sand, babes in the woods, Recipes of fall abound in the books. The nation is cut, the land is bled When the message is lost, a die is cast, The wages are loud, Beware of the clouds. Long live the message, the Lamp and the rays That glow The Temple, which holds the scales, Pinning the dreams, the hopes and the oath Of Justice for All By Hon’ble Mr. Justice Tassaduq Hussain Jillani, Former Chief Justice of Pakistan viii Supreme Court of Pakistan Mr. Justice Asif Saeed Khan Khosa Chief Justice of Pakistan 1 FOREWORD BY THE CHIEF JUSTICE OF PAKISTAN ANNUAL REPORT June 2018 - May 2019 1 Foreword by the Chief Justice of Pakistan (In the name of Allah, the Most Beneficent, the Most Merciful) It is with great pleasure that I present the Annual Court, Islamabad, which will decide cases with the use Report of the Supreme Court of Pakistan 2018-19. of modern IT techniques, is actively being considered. It was another busy year in the judicial history of Pakistan with many important milestones achieved The unprecedented advancement of technology and and targets fulfilled. I am very grateful to my brother globalization of world has posed new challenges to Judges and staff of this Court for their fullest support States and their institutions necessitating continuous and hard work to ensure provision of inexpensive and review of policies to keep pace with the development. expeditious justice, as mandated by the Constitution of Realizing that lack of proper research and weak analysis the Islamic Republic of Pakistan. I commend and thank of current environment could lead to ineffective them all for their tireless effortstowards fulfilment of decision-making, a modern Research Centre has been that mandate. established in the Supreme Court. This Centre provides interdisciplinary, analytical, historical and comparative In January 2019, when I took oath as the Chief research on questions of law. The Research Centre Justice of Pakistan, one of my aims was to address issues brief monthly newsletters reporting gist of the issue of backlog of cases at all tiers of the judicial the latest decisions of this Court besides reviewing hierarchy, as delay in conclusion of cases was hurting the case law of various foreign jurisdictions to the performance of the Judiciary as an institution.