| Citation(s) |
|---|
| 2019 SLG 3329 2019 SLD 3329 2019 PLD 719 |
Supreme Court of Pakistan
Criminal Appeal No. 3-P of 2017, decision & hearing Dated: 02-05-2019. (On appeal from the judgment of the Peshawar High Court, Peshawar, Dated 26-6-2014 passed in Crl.A.No. 633-P of 2012).
MANZOOR AHMAD MALIK, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: person.
Respondent(s) by: Barrister Qasim Wadud, Addl. A.G. Khyber Pakhtunkhwa, Hasan Raza, Senior Civil Judge and Khalid Rehman, Advocate Supreme Court
Criminal Appeal No. 3-P of 2017, decision & hearing Dated: 02-05-2019. (On appeal from the judgment of the Peshawar High Court, Peshawar, Dated 26-6-2014 passed in Crl.A.No. 633-P of 2012).
MANZOOR AHMAD MALIK, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: person.
Respondent(s) by: Barrister Qasim Wadud, Addl. A.G. Khyber Pakhtunkhwa, Hasan Raza, Senior Civil Judge and Khalid Rehman, Advocate Supreme Court
MISS NUSRAT YASMIN
VS
REGISTRAR, PESHAWAR HIGH COURT, PESHAWAR AND OTHERS
Law: Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011
Section: R.3(b),4(1)(a)(i)
Law: Constitution of Pakistan, 1973
Section: 202,203
Law: Pakistan Penal Code, 1860
Section: 34,302,324
Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011-- ----Rr. 3(b) & 4(1)(a)(i)---High Court (Lahore) Rules and Orders, Vol.IV, Chapt. 1. Part-A, R. 4---Constitution of Pakistan, Arts. 202 & 203---Judicial strictures recorded against a judge of district/subordinate judiciary by the High Court---Propriety---Mechanism for warning or proceeding against a judge of the subordinate judiciary for grave incompetence or misconduct---Character of judicial determination by the High Court did not allow the court to go beyond and assess, evaluate and appraise the competence, diligence, conduct, integrity or temperament of a judge of the District Judiciary, other than judicial bias or malice if it was borne out from the record of the case and was essential for the determination of the lis---Constitutional domain of the High Court included exercising supervisory control over the District judiciary through administrative disciplinary mechanisms---High Court was not to pass strictures in a against a judge of the District Judiciary or summon a judge in judicial proceedings, relating to his or her , for public reprimand in open court---Course open to the High Court was on the administrative side and the judge(s) of the High Court hearing the case, could apprise the Chief Justice of the Court through a confidential administrative note highlighting the grave illegalities, irregularities and improprieties noticed, leaving it to the Chief Justice or the Administrative Committee of the High Court, as the case may be, to take an appropriate disciplinary action against the judge of the District judiciary Error, if any, in the legal reasoning, application of law or appraisal of evidence by the courts below, was rectified by the High Court, in accordance with the law, which may include the ground of bias or malice. Stricture recorded in a , on the other hand, was a severe and a sharp criticism or a censorious remark and was akin to a piece of censure and passed for a critical remark regarding the conduct, integrity, diligence, behaviour, temperament, and competence of a judge. Stricture became accessible and remained in the public domain (as part of the…
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