| Case ID |
2c0ee3f4-d847-4212-b78b-4c1b4c426bb6 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 156 of 2010 |
| Decision Date |
May 04, 2010 |
| Hearing Date |
May 04, 2010 |
| Decision |
The Lahore High Court ruled on the appointment of the respondent (a retired High Court Judge) as Project Director (Law) at Baha-ud-Din Zakariya University, determining that his appointment was illegal. The court found that the appointment violated Article 207 of the Constitution and the National Judicial Policy 2009, which prohibits retired judges from accepting positions that are considered below their dignity. The court noted that the position of Project Director (Law) did not equate to that of a High Court Judge and emphasized the necessity of maintaining the judicial integrity and dignity for retired judges. |
| Summary |
In the case of Writ Petition No. 156 of 2010, the Lahore High Court was presented with a petition challenging the appointment of a retired judge as Project Director (Law) at Baha-ud-Din Zakariya University. The petitioner, Syed WajihulHassan, argued that this appointment was in violation of Article 207 of the Constitution of Pakistan and the National Judicial Policy 2009, which restricts retired judges from taking up roles that are below their judicial standing. The court examined the implications of the appointment and the definitions surrounding 'Service of Pakistan,' ultimately ruling that the position in question did not meet the criteria for such service. The court reinforced the need for judicial officers to uphold the dignity of their previous roles and declared the appointment illegal, thereby emphasizing the importance of maintaining the integrity of the judiciary. This case highlights critical issues related to judicial appointments, the interpretation of constitutional provisions, and adherence to judicial policy. Key considerations included the definitions of public office and service, the nature of appointments post-retirement, and the balance between legal frameworks and policy mandates. |
| Court |
Lahore High Court
|
| Entities Involved |
Baha-ud-Din Zakariya University
|
| Judges |
TARIQ JAVAID, J
|
| Lawyers |
|
| Petitioners |
Syed WAJIHULHASSAN
|
| Respondents |
3 others,
MUHAMMAD KHALID ALVI
|
| Citations |
2010 SLD 3241 = 2010 PLC 1308
|
| Other Citations |
Masudul Hassan v. Khadim Hussain and others PLD 1963 SC 203,
M.U.A. Khan v. Rana M. Sultan and another PLD 1974 SC 228,
Syeda Abida Hussain v. Tribunal for NA 69 Jhang-IV and others PLD 1994 SC 60,
Aitcheson College, Lahore through Principal v. Muhammad Zubair and another PLD 2001 SC 326,
PLD 1994 SC 123,
Salah-ud-Din and 2 others v. Frontier Sugar Mills Ltd. PLD 1975 SC 244,
2010 SCMR 253,
Muhammad Mubeen-us-Salam and other v. Federation of Pakistan and others PLD 2006 SC 602,
PLD 2005 Lah 428,
PLD 1983 SC 457,
PLD 1972 SC 139
|
| Laws Involved |
Baha-ud-Din Zakariya University Act, 1975,
National Judicial (Policy Making) Committee Ordinance, 2002,
Constitution of Pakistan, 1973
|
| Sections |
21,
31,
4,
199,
207(2),
240,
260
|