High courts told not to reprimand judges in public – Pakistan

ISLAMABAD: The Supreme Court has asked the superior courts not to approve any restrictions against district judicial officials or to convene them for a public reprimand in a public hearing for their findings in a trial, since they can inform their respective magistrates through a Confidential administrative note on any serious illegality, irregularities and irregularities noted in the decisions of the lower courts.

Superior courts must let the principal judge or their respective administrative committee take appropriate disciplinary action against the district judge in the confidential report, Judge Mansoor Ali Shah observed in a trial he wrote.

Judge Shah was part of a three-member SC bank, headed by Judge Manzoor Ahmed Malik and also composed of Judge Qazi Mohammad Amin Ahmed.

Published on Saturday, the decision came in an appeal filed by the District Judge and Additional Sessions, Peshawar, Nusrat Yasmin, who was aggrieved by the restrictions registered against him by the Superior Court of Peshawar (PHC) in his judgment of June 26, 2014.

SC gives verdict on the appeal of the district judge against the 2014 decision of the Superior Court of Peshawar

In his appeal, the district judge had declared himself before the SC to eliminate the observations against him of the decision of the APS for being inadmissible, severe and inadmissible by law.

The PHC had argued that the learned judge (district and session judge, Peshawar) had crossed all the limits of judicial ethics by passing derogatory observations against the higher court, which on the one hand, showed his poor knowledge about the law, while than on the other, his lack of respect for the higher judiciary. Such an exercise by a judicial officer amounted to professional misconduct, which, being highly deplorable, could not be corrected, had upheld the APS order.

In the SC ruling on his appeal, Judge Shah ordered the removal of the restrictions registered against the district judge and ordered the PHC that the restrictions not be part of his service record or in any way influence the competent authority against the judge Recurring service. matter

The Supreme Court also ordered that the assistant secretary of the Peshawar registry of the Supreme Court ensure that a copy of the judgment is sent to the registrars of all the superior courts, so that it is distributed among all the judges of the respective superior courts for your information.

While it is not in the majesty, the character and dignity of the higher court or the justice system to approve the judicial restrictions and to summon the judges of the district judiciary in public hearing, Judge Shah observed, it was eminently within the constitutional domain of the superior court and in fact desirable that the superior court, when appropriate, exercise supervisory control over the judicial power of the district through disciplinary administrative mechanisms.

The power to supervise and control the district judiciary should be exercised by the superior court in accordance with articles 202 and 203 of the constitution while exercising its administrative authority, said the judge of SC, adding that this constitutional responsibility falls to the superior court and not in a judge of a higher court that exercises judicial power.

The power to supervise and control was updated through the Superior Court Rules and Orders and the service laws governing the judges of the district judiciary.

The SC ruling said that the structure of the service laws related to the judicial branch of the district empowers the competent authority (the president of the court or the administrative committee of the higher court) to take disciplinary action against the judge.

Posted on Dawn, September 15, 2019

Source: https://www.dawn.com/news/1505288/high-courts-told-not-to-reprimand-judges-in-public


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