| Citation(s) |
|---|
| 2012 SLG 2779 2012 SLD 2779 2012 PLD 536 |
Lahore High Court
Writ Petition No. 21582 of 2012, decided on 11th September, 2012.
NASIR SAEED SHEIKH, J
A. K. Dogar for Petitioner.
Writ Petition No. 21582 of 2012, decided on 11th September, 2012.
NASIR SAEED SHEIKH, J
A. K. Dogar for Petitioner.
Malik ALLAH YAR KHAN
VS
FEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan--- ----Arts. 199 & 19---Constitutional petition---Manner of addressing Judges of superior courts---Use of the terms "My Lord" and "Your Lordship"---Religious propriety---Contentions of petitioner were that said terms used for addressing Judges were part of British colonial system; that they were un-Islamic as only God Almighty was the Lord and no man could be the Lord of any man, and that the term "Sir" should be used instead of "My Lord"---Validity---None of the Judges of the Superior courts had ever issued any command, direction or instruction to the members of the legal fraternity to necessarily address them with the terms "My Lord" or "Your Lordship"---Said terms which were a courteous and respectful form of address had their origin in the British judicial system---No source of legal literature pointed towards the fact that British members of the Bar ever addressed the Judges of the superior courts with the term "My Lord" and "Your Lordship" with an attribution of placing the Judges near to the concept of "God Almighty"---English judicial system practised the use of titles "My Lord" or "Your Lordship" in recognition of the known ability, nobility and learning of the office holders of the higher judiciary and Judges were not imagined or thought to be involving the touch of Godly attributes---Form of judicial system inherited by Pakistan after independence had no origin relatable to application of the concept of God Almighty with the office of a Judge---Term "Lord" in its ordinary meanings had reference to the qualities of ability, nobility and learning of the persons who were appointed as Judges of the superior courts---When members of the Bar adopted the ceremonial and historical form of addressing a Judge by using the words "My Lord" or "Your Lordship", the concept of freedom of thought of speech as enunciated in the Constitution fully gave protection to such a practical exercise---Such practice could not be directed to be discontinued by an order passed by the High Court on religious grounds--- Regarding contention of the petitioner of the usage of the word "Sir" instead of "My Lord", the word "Sir" could not be separated…
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