Law: Constitution of Pakistan 1973

Section: 3 , 4

Law: Contempt of Court Act, 1976

Section:

P L D 1995 Lahore 147 Criminal Original No.34 of 1994, decided on 4th January, 1995. Constitution of Pakistan (1973)-- ----Arts. 189, 190 & 175(3)---Separation of Judiciary from Executive--- Direction by Supreme Court--- Non-implementation of Supreme Court's direction ---Effect--- Supreme Court's judgcn6nt in Sharaf Afridi's case PLD 1994 SC 105 specifying 23rd March, 1994 as the date on which Judiciary stood separated from Executive in all respects, even in financial matters; in pursuance of mandate provided in Art.175(3) of the Constitution, all proceedings taken or being taken in Judicial matters by Magistrates working under control of District Magistrates in the country, were illegal and without lawful authority---All findings of acquittal or conviction or any order passed in bail applications and other miscellaneous applications by such Magistrate, after said date stood annulled. The Supreme Court in its judgment reported as Government of Sindh and others v. Sharaf Afridi and others PLD 1994 SC 105 directed the Government to take out from its clutches the subordinate judiciary on the Magisterial side till 23rd March, 1994 by issuing necessary notification, but it continues to stall the implementation of this decision. Perhaps one of the devices adopted by the Government was to prompt the press media to criticise and oppose the process of separation and succeeded in using `The Muslim', Islamabad, as a cat's paw. The newspaper, without appreciating the beneficial consequence of this decision launched a . scathing criticism against the separation of the judiciary from the Executive though it had no apparent nexus with the retirement of Chief Justice of Pakistan except that he was the author Judge of the aforesaid judgment which is one of the land-marks in the judicial history and if implemented in its true perspective, would go a long way in strengthening the democratic institutions in the country and substantially improving the quality of justice allover. Aforesaid judgment of the Supreme Court is the final judgment of the highest judicial forum in Pakistan and under Articles 189 and 190 of the Constitution of Islamic Republic of…