| Case ID |
42674880-376d-4356-bffa-0a44bbc4b74b |
| Body |
View case body. Login to View |
| Case Number |
C.Ps. Nos. D-1465, D-1930, D-2318, D-2433 of 2009 |
| Decision Date |
May 24, 2011 |
| Hearing Date |
|
| Decision |
The court held that there was a clear disparity in the terms and conditions, including emoluments of the members of the judicial service in the Province of Sindh compared to other provinces, which undermines the judicial independence guaranteed under the Constitution. The court directed that judicial officers and staff should be treated equally and that appropriate measures should be taken to enhance their salaries and allowances to match those of their counterparts in other provinces. The ruling emphasized the importance of financial independence for the judiciary to function effectively without interference from the executive. |
| Summary |
In the case decided by the Sindh High Court involving multiple constitutional petitions, the court addressed significant issues regarding the disparity in salaries and allowances of judicial officers in Sindh compared to other provinces. The petitioners, comprising judicial officers and staff, argued that their rights under the Constitution were being violated due to unequal treatment in remuneration. The court referred to various articles of the Constitution, emphasizing the principles of equality, social justice, and the need for the judiciary to be independent from executive influence. The judgment mandated the government to take immediate steps to rectify the salary disparities, thereby reinforcing the constitutional guarantees of equal treatment and the importance of a financially independent judiciary. This case highlights ongoing challenges faced by judicial officers in Pakistan, particularly in ensuring fair compensation and the necessity for reforms within the judicial service framework. Keywords: judicial independence, salary disparity, constitutional rights, Sindh High Court, financial autonomy, equal treatment. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM, C.J.,
TUFAIL H. EBRAHIM, J.
|
| Lawyers |
Anwar Mansoor Khan,
Salah-ud-Din Ahmad,
Makhdoom Ejaz Ahmed,
Muhammad Ali Hakro,
Haider Imam Rizvi,
Ashraf Mughal,
Umer Hayat Sindhu,
Miran Muhammad Shah,
Muhammad Ashraf Mughal,
Adnan A. Karim
|
| Petitioners |
AMANULLAH KHAN YOUSUFZAI and others
|
| Respondents |
FEDERATION OF PAKISTAN through Law Secretary and others
|
| Citations |
2011 SLD 2267,
2011 PLD 451
|
| Other Citations |
Masroor Ahsan v. Ardersher Cowasjee PLD 1998 SC 823,
Registrar v. Wali Muhammad 1997 SCMR 141,
Liaquat Hussain v. Federation of Pakistan PLD 1999 SC 504,
Mehram Ali v. Federation of Pakistan PLD 1998 SC 1445,
Muhammad Mansha v. State PLD 1996 SC 229,
Attiyya Bibi v. Federation of Pakistan 2001 SCMR 1161,
Muhammad Akram v. Selection Committee 2003 CLC 18,
Secretary, Ministry of Finance v. Masdar Hossain (1999) DLR (AD) 82,
Government of Balochistan through Additional Chief Secretary v. Azizullah Memon and 16 others PLD 1993 SC 341,
Sharaf Faridi and 3 others v. The Federation of Islamic Republic of Pakistan PLD 1989 Kar. 404,
Ranyal Testile v. Sindh Labour Court No.3 PLD 2010 Kar. 27
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
175,
4,
25,
27,
37,
38,
203,
187(2),
199,
2A
|