| Citation(s) |
|---|
| 2022 SLG 1322 2022 SLD 1322 2022 PLD 131 |
Islamabad High Court
Review Application No. 15 of 2021, decided on 25th January, 2022.
BABAR SATTAR, J
Aftab Rashid for Petitioners and Petitioner in person. Raja Khalid Mehmood Khan, D.A.G. for the State. Rabi Bin Tariq, State Counsel. Arshad Mehmood for C.D.A. -
Respondent.
Review Application No. 15 of 2021, decided on 25th January, 2022.
BABAR SATTAR, J
Aftab Rashid for Petitioners and Petitioner in person. Raja Khalid Mehmood Khan, D.A.G. for the State. Rabi Bin Tariq, State Counsel. Arshad Mehmood for C.D.A. -
Respondent.
KHURRAM MANZOOR CH. and others
VS
SURIYA BEGUM
Law:
Section:
Sindh Chief Court Rules (Appellate Side)--- ----Rr. 191, 192 , 200---High Court (Lahore) Rules and Orders, Vol. V, Chap. 6, Part J, R. 8---Registered clerks---Clerks, even when registered in accordance with the procedure prescribed in the relevant Rules and Orders, have no right or authority or permission to engage with the Court or a judicial officer of the Court discharging judicial or quasi-judicial functions---Role of the clerks is strictly limited to undertaking ministerial acts while engaging with the administrative staff of the Courts---Functions of a clerk’s profession does not include any right or entitlement to be granted audience by the Court or permission to appear before a judicial officer. Rai Muhammad Riaz v. Ejaz Ahmed PLD 2021 SC 761 ref. JUDGMENT BABAR SATTAR, J.---Through the instant Review Application, the petitioners have assailed the impugned judgment dated 04.06.2021, passed by this Court in Civil Revision No. 388 of 2019. 2. The petitioner is a Member Executive Committee of Pakistan Bar Council and filed the instant review application for being aggrieved by observations of this Court in judgment dated 04.06.2021, regarding the role of clerks and the direction issued to Member Inspection Team (‘MIT’) to take steps in order to ensure that the practice of affording the right of audience and appearance before the Civil Courts is brought to an end. 3. The learned counsel for the petitioner submitted that pursuant to section 8 of the Islamabad High Court Act 2010, the practice and procedure applicable to the learned Sindh High Court was adopted by the Islamabad High Court, until varied and revoked by Rules and Orders made by the Islamabad High Court. He contended that under the Rule 192 of the Sindh Chief Court Rules, a registered clerk was defined as a clerk employed by an advocate in connection with his legal business who was to be registered in accordance with provisions of the Sindh Chief Court Rules. An application for registration was to be made by the advocate, who was the employer of the clerk, to the Registrar and the Registrar maintained a register of clerks reflecting the names of registered clerks. That Rule 191 provided that…
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