| Citation(s) |
|---|
| 2010 SLG 1046 2010 SLD 1046 2010 PLJ 41 |
Const. P. Nos. D-2404 of 2008 and D-38 of 2009, decided on 15.06.2009. Dates of hearings: 10 & 15.06.2009.
KHILJI ARIF HUSSAIN, JUSTICE, SAJJAD ALI SHAH, JUSTICE, NADEEM AZHAR SIDDIQI, JUSTICE, MUHAMMAD KARIM KHAN AGHA, JUSTICE
Mr. Muhammad Yusuf Leghari, Advocate-General Sindh along with Muhammad Sarwar Khan, Addl., A.G. Sindh for
Respondents Nos 1 and 2 (in both the petitions). Mr. Ashraf Mughal, Deputy Attorney-General for
Respondent No. 3 (in both the petitions).
RASHEED A. RAZVI AND OTHErs
VS
PROVINCE OF SINDH THROUGH CHIEF SECRETARY AND OTHERS
Law: Sindh Judicial Service Rules, 1994
Section: 2,5
Law: Constitution of Pakistan, 1973
Section: 199,4,9,14,175,203
Sindh Judicial Service Rules, 1994-- ----Rr. 2 & 5--Sindh Government Notification No. S.O.R.-I (5GA&CD) 2-3/93, dated 4-12-2008--Constitution of Pakistan (1973), Arts. 199, 4, 9, 14, 175 & 203--Constitutional petition--Violative of the Constitution and also against the doctrine of separation of powers and independence of judiciary inter alia, as already laid down by Sindh High Court--Government of Sindh, in exercise of its power under S.26, Sindh Civil Servants Act, 1973 framed Sindh Judicial Service Rules, 1994 for regulating recruitment in the Sindh Judicial Service prescribing various conditions of service for the persons appointed thereto--(Before the issuance of impugned notification) the position was that the whole selection process for the recruitment of Civil Judges/Judicial Magistrates was to be undertaken by the "Provincial Selection Board" constituted under Rule 2(e) of the Sindh Judicial Service Rules, 1994, whereafter appointments were to be made by the Provincial Government on the basis of such recommendation of the "Provincial Selection Board"; After the issuance of Sindh Government Notification in this regard now the only authority left with the High Court of Sindh was the formality of sending requisition to the "Commission " as defined under newly added R.2(aa) of the Sindh Judicial Service Rules, 1994--Moot question of--Whether, despite clear and unambiguous directions of Sindh High Court could be amended so as to negate the very spirit and directions in the said and also to cause a serious blow to the sanctity of a separate and independent judiciary in the Province of Sindh--Held, In a very arbitrary and crude manner the role of superior judiciary in the matter of recruitment and appointment of Civil Judges-cum-Judicial Magistrates had been completely eliminated, except to the extent of sending a requisition, which was nothing but a formality--Issuance of the impugned notification, amounted to negating the directions of Sindh High Court contained in Sharaf Faridi's case--By issuing the impugned notification which amended the Sindh Judicial Service Rules, 1994, Government of Sindh took a step which was contrary to settled procedure…
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