Case Details

Citation(s)
2011 SLG 1959 2011 SLD 1959 2011 SCMR 1688
Supreme Court of Pakistan
Constitution Petition No. 38 of 2011 decided on 25-07-2011(Petition under Article 184(3) of the Constitution ofIslamic Republic of Pakistan. 1973)
JAVED IQBAL AND NASIR-UL-MULK, JJ

ALJEHAD TRUST and anothersvsLahore High Court HIGH COURT through Registrar and others

Law:

Section:

(a) Constitution of Pakistan-------Arts. 1840) & 203---Pakistan Criminal Law Amendment Act (XL of 1958), Ss. 3 & 4---Emigration Ordinance (XVIII of 1979), Ss. 18 & 22---Petition under Art. 184(3) of the Constitution before Supreme Court---District and Sessions Judge appointed as Special Judge (Central) on deputation for three years---Complaint against Special Judge made to Member Inspection Team High Court that in spite of his best efforts, he could not get copy of order of acquittal of complainant passed by Special Judge in a criminal case registered under Ss. 18 & 22 of Emigration Ordinance, 1979 as same was not found available in judicial file and his formal application for obtaining its copy was sent back to him---Surprise visit of Court of' Special Judge and taking of judicial file into possession by another. District and Sessions Judge---Repatriation of Special Judge to High Court and his posting as OSD, issuance of show cause notice to him and initiation of disciplinary proceedings against him by High Court---Special Judge alleged such actions taken against him to be mala fide and un-constitutional as another District and Sessions Judge was not competent to conduct raid and remove files from his Court for same being under administrative control of Ministry, of Law, Government of Pakistan, which was competent to take cognizance of such complaint---Validity---Record showed that such surprise visit of' court of Special Judge had been made by another District and Sessions Judge at telephonic direction of such Member for requisitioning record of such criminal case---Such matter had been brought into notice of Chief Justice of High Court, who had directed for such visit and submission of detailed report---Report of such another District and Sessions had been brought into notice of Chief Justice, who had directed for calling explanation from Special Judge---Such Member had also visited court of Special Judge and failed to check authenticity and contents of' such complaint---Special Judge was under administrative control of High Court and had got no lien against such post being deputationist---Special Judge had been repatriated to High Court,…
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