| Case ID |
f94869ba-dfdd-48fa-8531-708e511ee7b7 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 5406 of 2011 |
| Decision Date |
Feb 10, 2015 |
| Hearing Date |
Jan 20, 2015 |
| Decision |
The Lahore High Court allowed the constitutional petition, emphasizing the importance of financial autonomy and budgetary independence of the judiciary as essential for maintaining judicial independence and the rule of law. The court held that the administrative expenses of the High Court, which are charged on the Provincial Consolidated Fund, cannot be disregarded or altered by the Provincial Government or Legislature once approved. The court directed the Provincial Government to release the arrears of the enhancements of the judicial and ad hoc allowances to the officers and servants of the High Court, reaffirming the principles of judicial independence and separation of powers as fundamental to the Constitution. The decision underscored the necessity for the judiciary to function without financial constraints imposed by the executive, thereby preserving its autonomy. |
| Summary |
This case pertains to the constitutional principles governing the financial autonomy of the judiciary in Pakistan, particularly the Lahore High Court. The court addressed the issue of compliance by the Provincial Government regarding the enhancement of allowances for judicial staff as mandated by the Prime Minister. The judgment highlighted the constitutional protections afforded to the judiciary, particularly regarding its financial and administrative independence. The court ruled that the High Court's administrative expenses, once approved, are charged on the Provincial Consolidated Fund and cannot be altered or turned down by the Provincial Executive or Legislature. This ruling reinforces the foundational principles of judicial independence, supporting the separation of powers and ensuring that the judiciary is not financially beholden to other branches of government. The court's decision also emphasized the need for a collaborative budgetary process that involves consultation with relevant stakeholders to maintain the integrity and independence of the judiciary. This case serves as a landmark judgment in affirming the financial autonomy of the judiciary in Pakistan and its critical role in upholding the rule of law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MANSOOR ALI SHAH, J
|
| Lawyers |
Mian Tariq Ahmed,
Muhammad Hanif Khatana,
Anwaar Hussain,
Tanvir Ali Agha,
Waqqar Ahmad Mir
|
| Petitioners |
Syed RIAZ ALI ZAIDI
|
| Respondents |
GOVERNMENT OF THE PUNJAB through Chief Secretary, Lahore and 3 others
|
| Citations |
2015 SLD 3036,
2015 PLC 831
|
| Other Citations |
Delhi Judicial Service Association (Regd.) v. Government of Nct of Delhi and another 2000(88)DLT 710,
Registrar, Supreme Court of Pakistan, Islamabad v. Qazi Wali Muhammad 1997 PLC (C.S.) 137,
Government of the Punjab through Secretary, Finance Department, Lahore v. Mubarik Ali Khan and 8 others PLD 1993 SC 375,
Muhammad Yaqub Butt, Additional Registrar, Lahore High Court v. Government of the Punjab through Chief Secretary and another PLD 1992 Lah. 527,
Messrs Nusrat Elahi and 41 others v. The Registrar, Lahore High Court, Lahore and 68 others 1991 MLD 2546,
Government of Balochistan through Additional Chief Secretary v. Azizullah Memon and 16 others PLD 1993 SC 341,
Al-Jehad Trust through Raeesul Mujahideen Habib-ul-Wahabb-ul-Khairi and others v. Federation of Pakistan and others PLD 1996 SC 324,
Amanullah Khan Yousufzai and others v. Federation of Pakistan through Law Secretary and others PLD 2011 Kar 451,
Sharaf Faridi and 3 others v. The Federation of Islamic Republic of Pakistan through Prime Minister of Pakistan and another PLD 1989 Kar. 404,
Government of Sindh through Chief Secretary to Government of Sindh Karachi and others v. Sharaf Faridi and others PLD 1994 SC 105,
Sh. Riaz-ul-Haq and another v. Federation of Pakistan through Ministry of Law and others PLD 2013 SC 501,
Accountant-General, Sindh and others v. Ahmed Ali U. Qureshi and others PLD 2008 SC 522,
Abdul Rasheed and others v. Province of Sindh and others 2011 PLC (C.S.) 926
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Preamble,
175,
2A,
208,
121,
122,
199
|