Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 196---Appointment of Acting Chief Justice of High Court---Provision of Art. 196 of the Constitution has made the Constitution flexible and workable instead of rendering the same rigid---Article 196 serves as safety valve which is necessary to save the system from blowing-up. (b) Convention--- ---- Convention which is in direct conflict with a provision of the Constitution has to be ignored. (c) Constitution of Pakistan (1973)- ----Arts. 196 & 48---Appointment of Acting Chief Justice of High Court--Absolute discretion of the President in the matter of such appointment--Anything done by the President in his discretion not to be called in question on any ground whatsoever. (d) Administration of justice--- ----Litigation---Unnecessarily making the Judges of the superior Courts party to the Government actions amounts to maligning the Judges---Frivolous litigation and publication of petitions in Press before filing the same in the Court deprecated---Petitioner, in the case, was imposed exemplary costs in circumstances. Litigation unnecessarily making the Judges of the superior Courts party to the Government actions instead of enhancing the prestige amounts to maligning the Judges. No person claiming to be interested in the uplift of the Judiciary would venture such type of litigation which instead of doing some good, cause harm to the status of the Judges of the superior Courts generally and to some particularly. It amounts to prompting Executive to comment on a Judge. The Court has to protect itself from so-called protectors and claiming champions of their rights. Being quite conscious of the, role of the Bar and its right to criticise Government actions and policies, a line should be drawn. The criticism should remain restricted purely to the actions of the Government and the Judges should not be involved even indirectly. This should be golden rule in such type of litigation. The vice of frivolous litigation came into existence with the judicial system. The main reason was the wishful thinking of a litigant to defeat the right of its adversaries or at least to delay the fruits of the property or right as long as…

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