| Case ID |
03a7176a-9856-45eb-b92b-843fbd6e1489 |
| Body |
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| Case Number |
C.M. No. 10 of 2006 |
| Decision Date |
Jul 19, 2006 |
| Hearing Date |
|
| Decision |
The petitioner has filed this petition under Article 203 of the Constitution of the Islamic Republic of Pakistan on the judicial side. The grievance of the petitioner is against Respondents Nos. 2 and 3 who are Civil Judge/Family Judge, Chiniot and Incharge Record Keeper, Tehsil Chiniot, district Jhang. Several allegations are leveled against the respondents in the instant petition, including the causing disappearance of the case file titled Madiha Sultana and another vs. Muhammad Sharif. Article 203 of the Constitution grants the High Court administrative control to supervise subordinate courts but does not empower it to intervene on the judicial side. However, considering the inconvenience and hardship faced by the petitioner, the court has ordered the petition to be transmitted to the Member Inspection Team for appropriate measures. The petition is hereby disposed of. |
| Summary |
In the landmark case C.M. No. 10 of 2006, adjudicated by the Lahore High Court on July 19, 2006, the petitioner, Mst. Madiha Sultana and others, challenged the actions of respondents Muhammad Sharif and three others under Article 203 of the Constitution of Pakistan, 1973. The case delves into the administrative jurisdiction of the High Court over subordinate courts, emphasizing that while the High Court holds supervisory authority, it does not extend to judicial interventions in litigant grievances. The petitioner alleged the disappearance of the case file, raising concerns about administrative malfeasance within the judicial system. Advocate Mr. Kanzus Saadat Siddique represented the petitioners, highlighting the challenges faced due to the alleged negligence of the Civil Judge/Family Judge in Chiniot and the Incharge Record Keeper of Tehsil Chiniot, District Jhang. The court, under the guidance of Judge Syed Shabbar Raza Rizvi, concluded that Article 203 is primarily for administrative oversight and does not cater to individual grievances. However, acknowledging the petitioner’s hardships, the court directed the transmission of the petition to the Member Inspection Team for further action. This decision reinforces the delineation of administrative and judicial powers within Pakistan's legal framework, ensuring that while oversight is maintained, judicial independence and litigant rights are preserved. The case references several precedents, including PLD 1979 Pesh. 56 and PLD 1972 Kar. 164, underscoring the consistency in judicial interpretations of Article 203. This judgment serves as a pivotal reference for future cases involving the administrative supervision of courts and the boundaries of judicial intervention, highlighting the balance between administrative control and judicial autonomy in Pakistan’s legal system. |
| Court |
Lahore High Court
|
| Entities Involved |
Constitution of Pakistan, 1973,
Article 203,
Member Inspection Team,
Civil Judge/Family Judge, Chiniot,
Incharge Record Keeper, Tehsil Chiniot,
District Jhang
|
| Judges |
SYED SHABBAR RAZA RIZVI, J.
|
| Lawyers |
Mr. Kanzus Saadat Siddique
|
| Petitioners |
Mst. Madiha Sultana and anothers
|
| Respondents |
MUHAMMAD SHARIF and 3 others
|
| Citations |
2007 SLD 3003,
2007 PLJ 295
|
| Other Citations |
PLD 1979 Pesh. 56,
PLD 1972 Kar. 164,
PLD 2003 Lah. 23,
Abdul Rehman vs. Chaman Ara, PLD 1972 Karachi 164,
M. Yousaf Zaki vs. Ch. Zafar Ullah, 1982 NLR 504,
Sazia Sultana vs. Razia Begum, PLD 2003 Lahore 23
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
Art. 203
|