| Case ID |
38b72088-e348-439f-9546-231493f1a8ad |
| Body |
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| Case Number |
C.Ps. Nos.967 to 969 of 2018 |
| Decision Date |
Mar 31, 2021 |
| Hearing Date |
Mar 10, 2021 |
| Decision |
The Balochistan High Court dismissed the constitutional petitions filed by the petitioners, who were from the subordinate judiciary and challenged the promotions of other judicial officers. The court held that the judicial orders of the Supreme Court and High Court are protected from constitutional jurisdiction under Article 199. The petitioners were not entitled to challenge the promotions as they were superseded without valid reasons communicated to them, and the High Court had previously expressed its view regarding the petitioners, which it could not revisit. The petitions were deemed not maintainable under the circumstances presented. |
| Summary |
In a significant ruling by the Balochistan High Court, the court addressed the constitutional petitions of several judicial officers challenging their promotions. The court reiterated the principle that judicial orders of higher courts are protected from being challenged under Article 199 of the Constitution. The petitioners alleged that their promotions were unjustly denied, but the court clarified that administrative decisions regarding promotions are not subject to constitutional review. This case emphasizes the separation of powers and the protection of judicial integrity, highlighting the importance of adhering to established legal precedents. The decision reinforces the principles of administrative justice within the judiciary, ensuring that promotions and appointments are conducted fairly and transparently. The ruling is pivotal for the subordinate judiciary, as it clarifies the limits of judicial review over administrative actions. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KAMRAN KHAN MULAKHAIL,
ROZI KHAN BARRECH,
MUHAMMAD ISMAIL MUHAMMAD SHAI
|
| Lawyers |
Azmatullah Kasi,
Ishaq George,
Khalil-uz-Zaman Alizai
|
| Petitioners |
Muhammad Kamran Khan Mulakhail,
Rozi Khan Barrech
|
| Respondents |
Others,
Registrar,
HONBLE CHIEF JUSTICE BALOCHISTAN
|
| Citations |
2023 SLD 427,
2023 PLC 348
|
| Other Citations |
Asif Saeed v. Registrar Lahore High Court and others PLD 1999 Lah. 350,
Al-Jehad Trust v. Federation of Pakistan PLD 1996 SC 324,
Mehmood Khan Achakzai v. Federation of Pakistan PLD 1997 SC 426,
Shahid Nabi Malik v Chief Election Commissioner PLD 1997 SC 32,
Muhammad Iqbal and others v. Lahore High Court through Registrar and others 2010 SCMR 632,
Ch. Muhammad Akram v. Registrar, Islamabad High Court and others PLD 2016 SC 961,
Gul Taiz Khan Marwat v. Registrar Peshawar High Court PLD 2021 SC 391
|
| Laws Involved |
Constitution of Pakistan, 1973,
Balochistan Subordinate Judiciary Service Tribunal Act (VI of 1989)
|
| Sections |
199,
5(b)(1)
|