| Citation(s) |
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| 2025 SLG 5065 2025 SLD 5065 = 2025 PLC 1266 |
Supreme Court of Pakistan
Cr.P.L.As. Nos. 48-K to 51-K of 2025, decided on 5th June, 2025. (Against the order dated 18.02.2025 passed by the High Court of Sindh, Karachi in Cr. Revision Applications Nos. 35 to 38 of 2025).
Present: Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi and Aqeel Ahmed Abbasi, JJ
Syed Ghulam Shabbir Shah, Advocate Supreme Court assisted by Irtafa-urRehman, Advocate High Court for Petitioner. Muntazir Mehdi, Acting Prosecutor General and Siraj Ali Chandio, Additional Prosecutor General for the State. Saleem Akhtar Buriro, Additional Prosecutor General/Advocate-on-Record for the State. Zulfiqar Ali, Public Prosecutor for the State. Danish Qureshi, SHO, AVCC for the State. Muhammad Ali, Inspector for the State. Sibtain Mehmood, Additional Advocate General on Court's Call. Zain-ul-Abideen, Advocate Supreme Court for the Complainant. Mrs. Abida Parveen Channar, Advocate-on-Record assisted by Mustafa Mamdani, Iftikhar Shah, Jahanzaib Aftab and Umair Usman, Advocates for the Complainant. Nemo for the Accused.
Cr.P.L.As. Nos. 48-K to 51-K of 2025, decided on 5th June, 2025. (Against the order dated 18.02.2025 passed by the High Court of Sindh, Karachi in Cr. Revision Applications Nos. 35 to 38 of 2025).
Present: Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi and Aqeel Ahmed Abbasi, JJ
Syed Ghulam Shabbir Shah, Advocate Supreme Court assisted by Irtafa-urRehman, Advocate High Court for Petitioner. Muntazir Mehdi, Acting Prosecutor General and Siraj Ali Chandio, Additional Prosecutor General for the State. Saleem Akhtar Buriro, Additional Prosecutor General/Advocate-on-Record for the State. Zulfiqar Ali, Public Prosecutor for the State. Danish Qureshi, SHO, AVCC for the State. Muhammad Ali, Inspector for the State. Sibtain Mehmood, Additional Advocate General on Court's Call. Zain-ul-Abideen, Advocate Supreme Court for the Complainant. Mrs. Abida Parveen Channar, Advocate-on-Record assisted by Mustafa Mamdani, Iftikhar Shah, Jahanzaib Aftab and Umair Usman, Advocates for the Complainant. Nemo for the Accused.
Syed ZAKIR HUSSAIN
VERSUS
The STATE and another
Law: Anti-Terrorism Act, 1997
Section: XXVII,14(2)
Anti-Terrorism Act (XXVII of 1997)-------S. 14(2)---Judge, Anti-Terrorism Court---Judicial strictures---Expunction of remarks---Principle---Appellant was a judicial officer who was aggrieved of remarks against him, passed by Division Bench of High Court in the judgment in question---Validity---Petitioner only sought expunction of stricture, which had nothing to do with merits of the decision of High Court---High Court was required to evaluate whether the passage complained of was reprehensible; its preservation on record would cause disparagement to the credit of petitioner; and its expunction would not affect the judgment or order on merits---Before passing any stricture on demeanour and career of petitioner, Division Bench of High Court should have given him an opportunity to submit his comments/report---No such opportunity was provided to him by Divisional Bench of High Court before passing order in the Court---Even in the case of some lapses found to be surfacing on part of the judicial officer, the order or report could be sent to Chief Justice for taking action on administrative side through the Confidential Branch---Supreme Court set aside the remarks/directions made in relevant paragraph of order in question which were essentially structured on oral motion of Acting Prosecutor General; were unjustified, and made without probing into the issue and without calling for comments from the Presiding Officer or without even affording him a right of audience---Appeal was disposed of.Braj Kishore Thakur v. Union of India and others (1997) 4 SCC 65; (2001) 3 SCC 54; Miss Nusrat Yasmin v. Registrar, Peshawar High Court, Peshawar and others PLD 2019 SC 719; Aijaz Ahmed Tunio v. The State PLD 2021 SC 752; Hasnain Raza and another v. Lahore High Court, Lahore and others PLD 2022 SC7; Federation of Pakistan through Secretary, Ministry of Law and Justice Islamabad v. Muhammad Hamid Mughal PLD 2024 SC 515; 2023 SCP 293 and Justice Khurshid Anwar Bhinder and others v. Federation of Pakistan and another PLD 2010 SC 483 ref.Date of hearing: 5th June, 2025.JUDGMENTMUHAMMAD ALI MAZHAR, J.---The aforesaid Criminal Petitions for leave to appeal are directed against the…