| Citation(s) |
|---|
| 2010 SLG 2686 2010 SLD 2686 2010 PLD 63 |
Constitutional Petitions Nos. D-2404 of 2008 and D-38 of 2009, decided on 15th June, 2009, dates of hearings: 10th and 15th June, 2009.
ANWAR ZAHEER, JAMALI C.J., KHILJI ARIF HUSSAIN, SAJJAD ALI SHAH, NADEEM AZHAR SIDDIQI AND MUHAMMAD KARIM KHAN AGHA, JJ
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). Ashraf Mughal, Deputy Attorney-General for
Respondent No. 3 (in both the petitions).
RASHEED A. RAZVI and others
VS
PROVINCE OF Sindh court through Chief Secretary and others
Law:
Section:
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---Grievance of the petitioners was that issuance of Notification No. S.O.R.-I(5GA&CD) 2-3-/93, dated 4-12-2008 was violative of Arts.4, 9, 14, 175 & 203 of the Constitution and also against the doctrine of separation of powers and independence of judiciary inter alia, as already laid down by a seven members Bench of Sindh High Court in the case of Sharaf Faridi v. Federation of Pakistan (PLD 1989 Kar. 404), which was maintained by the Supreme Court in the case of Government of Sindh v. Sharaf Faridi (PLD 1994 SC 105) and following the directions contained in the said , the 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---In. the terms of Sindh Judicial Service Rules, 1994 (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 R.2(e) of the Sindh Judicial Service Rules, 1994, in a manner prescribed therein, whereafter appointments were to be made by the Provincial Government on the basis of such recommendation of the "Provincial Selection Board"; however, after the issuance of Sindh Government Notification No.S.O.R.-I(5GA&CD)2-3/93, dated 4-12-2008 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 for consideration of the present five members Full Bench was, whether, despite clear and unambiguous directions of a Full Bench of Sindh High Court contained in Sharaf Faridi's case affirmed by the Supreme Court, Sindh Judicial Service Rules, 1994 framed in compliance of…
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