Case Details

Citation(s)
2013 SLG 2969 2013 SLD 2969 2013 PLD 1
Balochistan High Court
Constitutional Petition No. 372 of 2007, decided on 6th November, 2012. Malik Sikandar Khan, Deputy Attorney General, Chaudhry Mumtaz Yousaf and Rauf Atta, Standing Counsel.
QAZI FAEZ ISA, CHIEF, JUSTICE AND NAEEM AKHTAR AFGHAN, JUSTICE

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DR. MUHAMMAD ABDULLAH

VS

GOVERNMENT OF PAKISTAN, MINISTRY OF SCIENCE AND TECHNOLOGY THROUGH SECRETARY, ISLAMABAD

Law:

Section:

Constitution of Pakistan---.--- ---.----Art.204---.---Obstructing the court proceedings---.---Strike by law officers---.---Effect---.---Court was prevented from hearing petition, as well as large number of other cases, wherein Federation was arrayed as party, because of intentional non-appearance by Federation's law officers---.---Cause of such non-appearance was Attorney General's personal grievance, which purportedly occurred in Federal Capital---.---Gripe of Attorney General held dispensation of justice to ransom throughout Pakistan on 1-10-2012---.---High Court declined to ignore such intentional non-appearance by law officers, as it constituted violation of their statutory duties and could also be categorized as obstructing, interrupting or prejudicing process of law---.---High Court took lenient view, as it was the first case of its kind and law officers might have been pressurized to become party to illegal protest to secure their respective positions---.---Deputy Attorney General and Standing Counsel elected not to work on 1-10-2010, therefore, there was no justification for them to be paid for that day---.---High Court directed government to deduct one day salary of the law officers and recommended Federal Government to treat at par other law officers of the country, who had boycotted court proceedings on 1-10-2012---.---Order accordingly. THIS ORDER PASSED BY: QAZI FAEZ ISA, CHEIF JUSTICE---.--- In this petition the Government of Pakistan is the only respondent and it was fixed for hearing on the 1st of October, 2012 when the office of the Deputy Attorney General placed on record a "Press statement" received by fax from telephone number 051-9215852; the number indicates that it was set from Islamabad and from an official telephone. On the 1st of October the case could not proceed because there was no representation on behalf of the Government of Pakistan. The reasons for non-appearance by the Deputy Attorney General and the two Standing Counsel employed by the Federation in Balochistan, was disclosed in the Press Statement, which concluded in the following terms: "....as a mark of protest against the aforesaid order, decided to boycott the proceedings…
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