| Case ID |
2be7e879-565e-4aca-8f7d-8b089ecfe663 |
| Body |
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| Case Number |
Civil Appeal No. 1703 of 2013 |
| Decision Date |
Jan 25, 2018 |
| Hearing Date |
Jan 25, 2018 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal of the appellant, a retired judge of the Sindh High Court, who sought permission to practice law before the same court. The court ruled that a retired judge is barred from appearing as counsel before any court of equal or lower jurisdiction to the one in which they served as a judge. The court found that the applicable constitutional provisions were clear in their intention to impose such restrictions to maintain the integrity of the judiciary and uphold public confidence in the legal system. The decision emphasized that the bar on ex-judges representing parties in cases before their former courts is a common principle observed in many jurisdictions worldwide, including the UK and India. |
| Summary |
In the case of Civil Appeal No. 1703 of 2013, the Supreme Court of Pakistan addressed the issue of whether a retired judge of the Sindh High Court could practice law before the same court. The appellant, S.M. Asif, argued that the constitutional bar imposed on judges who had served in a court only applied to subordinate courts and not to the High Court where he had served. The court, however, upheld the longstanding principle that prohibits retired judges from appearing as counsel in courts where they previously served to ensure the independence of the judiciary and avoid conflicts of interest. This ruling aligns with similar restrictions found in common law jurisdictions. The court's decision reinforces the importance of maintaining judicial integrity and public trust in the legal system, highlighting the necessity for clear boundaries concerning the professional conduct of judges after retirement. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR,
UMAR ATA BANDIAL,
IJAZ-UL-AHSAN,
SHAHID ANWAR BAJWA
|
| Lawyers |
Mr. M. S. Khattak
|
| Petitioners |
S.M. ASIF
|
| Respondents |
Not available
|
| Citations |
2018 SLD 2335,
2018 PLJ 269
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(2),
185(3),
166,
193,
207
|