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SCP Quarterly Report 20012024 2401
SCP Quarterly Report 20012024 2401
SCP Quarterly Report 20012024 2401
Quarterly Report
(17 September to 16 December 2023)
Article 19-A of the Constitution grants the people the Fundamental Right to information. Those
paid by the public exchequer are accountable to the people.
The Supreme Court is releasing this first quarterly report as part of its duty to better serve the
people of Pakistan.
Information
The Supreme Court is now committed to provide information and to make meaningful the
Fundamental Right to Information as provided in Article 19A of the Constitution. It directed the
Registrar to provide the information which was sought and also refunded the court fees incurred
by the appellant in the case of Mukhtar Ahmad Ali v Registrar Supreme Court of Pakistan.1
1 https://www.supremecourt.gov.pk/downloads_judgements/c.p._3532_2023.pdf
4
Constitutional Cases
Supreme Court (Practice and Procedure) Act, 2023: The entire Supreme Court heard the
challenge to the Supreme Court (Practice and Procedure) Act, 2023. The law was sustained, except
for sub-section (2) of section 5 of the Act, which provided for retrospective appeals in respect of
decisions under Article 184(3) of the Constitution. This was the first case heard by the present
Chief Justice, and also the first case heard by the entire Court since 2015. The Court, by a majority
of 10 to 5, held that:
The hearing of this case was broadcast live, which was a first for the Supreme Court.
Elections: The Court ensured in three hearings over twelve days, that the Election Commission
of Pakistan and the President of Pakistan determine and must announce the date of the holding
of general elections,3 which they did, and general elections in the country were scheduled for 8
February 2024.
https://www.supremecourt.gov.pk/downloads_judgements/const.p._32_2023_03nov2023.pdf
5
Military Courts: Sections of the Pakistan Army Act allowing trials of civilians in military courts
were declared ultra vires the Constitution by a short order of 5-member bench of the Supreme
Court and that their trials shall instead take place in criminal courts of competent jurisdiction.4
Right of Married Women to Mehr (dower): The Court held that Mehr (dower) must be paid
when demanded by the wife and costs are to be imposed on failure to pay:
Landholdings of Women: The Court held that revenue authorities must exercise extra care with
regard to the land of women, and revenue officials must not, through complicity or incompetence,
facilitate depriving women of their land, and if this is done action should be taken against them.
Where women remain illegally deprived of their land, substantial costs must be imposed.6
Depriving Others of their Land: The Court corrected the impression that through prolonged
litigation, the land of others could be retained. Costs of one million rupees were imposed on
frivolous litigation prolonging such a case for 14 years.7
Bahria Town Karachi: Bahria Town (Private) Limited’s applications alleging that it had received
less land were found to be misconceived, and the survey that was conducted found that Bahria
Town was in illegal possession of an extra few thousand acres of land. Bahria Town had also
stopped making payments it had agreed to, and sought to offset part of its liability by adjusting the
money seized by the National Crime Agency of the United Kingdom.8
https://www.supremecourt.gov.pk/downloads_judgements/c.p._2734_l_2023.pdf
6 Muhammad Mumtaz Khan v Mst. Siraj Bibi.
https://www.supremecourt.gov.pk/downloads_judgements/c.m.a._6336_2023.pdf
7 Javed Hameed v Aman Ullah.
https://www.supremecourt.gov.pk/downloads_judgements/c.p._1990_l_2017.pdf
8 Implementation of Judgment dated 4.5.2018 in CMA 376-K/2014.
https://www.supremecourt.gov.pk/downloads_judgements/c.m.a._8758_2018_23nov2023.pdf
6
Dharna Judgment Review: A number of applications were filed seeking review of the Dharna
judgment9 dated 6 February 2019. However, these had not been fixed for hearing for several years.
The Supreme Court acknowledged that this was on account of internal manipulation, and the
Court observed that every institution must act transparently and responsibly and admit
wrongdoing when it occurs. The Federal Government stated that the impugned judgment was
correct and set up a commission under the Pakistan Commissions of Inquiry Act, 2017 to
implement it.10
Renaming Public Places: A road, street, square, park, or any other public place should not be
renamed without first seeking opinions/suggestions from the public-at-large and inviting their
objections.11
Criminal Cases
Release on Bail of Incapacitated Accused: An accused who is not of sound mind and incapable
of making his defence should be released on bail as a rule.12
Fair Trial: It was held that the right to a fair trial is an integral limb of the safe administration of
criminal justice and helps avoid erroneous verdicts.13
Offences Against the State: It was held that in the absence of a complaint by the concerned
authority, offences under the Pakistan Penal Code mentioned in Section 196 of the Code of
Criminal Procedure initiating judicial proceedings against an accused would be an abuse of power. 14
Consistency in Bail Matters: The Supreme Court held that those similarly placed should be
treated in the same manner, and the rule of consistency in bail matters is fundamental to ensure
9 Suo Moto Case No. 7/2017 (Suo Moto action regarding Islamabad-Rawalpindi Sit-in/Dharna).
https://www.supremecourt.gov.pk/downloads_judgements/S.M.C._7_2017_06022019.pdf
10 Review Petition by Sh. Rasheed Ahmed, Chairman, Awami Muslim League.
https://www.supremecourt.gov.pk/downloads_judgements/c.m.a._3577_2019_15112023.pdf
11 Jehanzeb v. Government of Khyber Pakhtunkhwa.
https://www.supremecourt.gov.pk/downloads_judgements/c.a._1444_2013.pdf
12 Zaigham Hassan Khan v The State.
https://www.supremecourt.gov.pk/downloads_judgements/crl.p._172_l_2023.pdf
13 Muhammad Riaz v. Khurram Shehzad.
https://www.supremecourt.gov.pk/downloads_judgements/crl.p._290_l_2015.pdf
14 Ammad Yousaf v The State
https://www.supremecourt.gov.pk/downloads_judgements/crl.p._225_2023.pdf
7
fairness, reduce arbitrary decision-making, and maintain public confidence in the criminal justice
system.15
Death Penalty and Motive: Where motive is not established it would not be appropriate to
impose the death penalty. Sentence was reduced from the death penalty to life imprisonment
because motive was not established. It was held that this principle also conformed with the
International Covenant on Civil and Political Rights (which was ratified by the Federal
Government in 2010).16
Civil Cases
Enforcement of Arbitral Award: The proper procedure for enforcing an arbitral award was laid
out, i.e. to first get the award to be made a rule of the Court and then to enforce or execute the
decree which might be passed on the basis of the award rather than resorting to filing a separate
suit in disregard of the special procedure provided in the Arbitration Act, 1940.18
Suits for Specific Performance: It was held that a buyer cannot seek the enforcement of the
reciprocal obligation of the seller unless he is able to first demonstrate his willingness and capability
to fulfil his primary obligation of having the sale consideration and willingness to pay it.19
Sale of Goods Act, 1930: It was held that Section 64A of the Sale of Goods Act, 1930 stipulates
that it applies if there is no stipulation of a duty or tax not payable at the time the contract is made
subsequently becomes payable or, being payable at a certain rate at that time subsequently becomes
payable at some other rate.20
https://www.supremecourt.gov.pk/downloads_judgements/crl.p._476_l_2018.pdf
17 Pervaiz Hussain Shah v. Secretary to Government of Punjab Food Department Lahore.
https://www.supremecourt.gov.pk/downloads_judgements/c.p._1007_2022.pdf
18 Haji Shinkari v Abdul Shakoor.
https://www.supremecourt.gov.pk/downloads_judgements/c.a._23_q_2017.pdf
19 Masood Ahmad Bhatti v. Khan Badshah.
https://www.supremecourt.gov.pk/downloads_judgements/c.p._5632_2021.pdf
20Province of Sindh v. Multiline Enterprises.
https://www.supremecourt.gov.pk/downloads_judgements/c.a._477_2021.pdf
8
The pendency of cases, which had been continuously rising over the past decade, was reduced.
9
Data on Pendency
The rising pendency of cases has remained a cause of concern for the general public, but they have
not been granted access to the complete data on the rate at which this pendency has grown, and
during which time periods.
For this reason, the complete available data on yearly pendency of cases (since the Supreme Court
record-keeping was first computerised in September 2012), is provided below:
Year 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Pendency 20116 21272 25681 29941 35608 38197 43008 46902 54212 52424 55971
10
Internal Workings
The Supreme Court of Pakistan has undertaken significant initiatives to enhance efficiency,
transparency and inclusivity within its own workings, to best be able to serve the people of
Pakistan. The following are some of the key developments:
Appointment of a judicial officer as Registrar accords with the Constitution, which mandates the
separation of the Judiciary from the Executive.
Deputationists
Services of the following deputationists, who were working at the Supreme Court for much longer
than the permissible period, were repatriated:
(1) Mr. Abdul Razzaq, working since 13 October 2014.
(2) Mr. Amer Saleem Rana, working since 10 April 2017.
(3) Mr. Muhammad Owais, working since 28 April 2018.
(4) Mr. Munawar Ali, working since 4 January 2018.
(5) Mr. Muhammad Akram Soomro, working since 8 January 2018.
11
Live-Streaming Proceedings
In the aforementioned full court meeting, it was agreed to begin broadcasting/live streaming of
court proceedings, ushering in a new era of accessibility to the Supreme Court's operations.
For the first time in the country’s history, the case relating to the Supreme Court (Practice and
Procedure) Act 2023 heard by the Full Court over 5 days was telecast; Pakistan Television
Corporation (PTV) successfully broadcast the entire case live.
12
Luxury Vehicles
The Chief Justice returned the Mercedes Benz sedan and bulletproof Toyota Land Cruiser
provided for his use. It was suggested that they may be sold and the money derived from the sale
be spent on much needed public transport.
14
The Chief Justice and the Senior Puisne Judge met with the Supreme Court Press Association on
4 October 2023, seeking their input to improve the working conditions and processes for
journalists covering Supreme Court proceedings.
15
Committees
Building Committee
The Building Committee comprising of Justice Qazi Faez Isa and Justice Jamal Khan Mandokhail,
undertook the initiative to enhance the public-facing infrastructure of the Supreme Court building.
The following improvements and developments have been implemented:
Parking Facilities
Forty-nine new parking spaces
have been made available for
senior staff officers adjacent to the
Judges' block. And a new biometric
system has been installed at its
entry. The public car park can now
accommodate forty nine additional
cars.
Pedestrian Accessibility
To improve pedestrian accessibility,
obstructive barriers and encroachments
on Constitution Avenue were removed.
All barriers in front of the building have
been replaced with planters, enhancing
both aesthetics and safety.
Security Infrastructure
Security systems and electrical points have been repaired to ensure optimal functionality.
Green Initiatives
Extensive planting of flowering shrubs and trees has been initiated, with the goal to transform the
landscape of the Supreme Court building into a more pleasant environment, both inside and out.
16
Firefighting Training
Supreme Court staff has undertaken two-day firefighting training session, for preparedness in the
event of an emergency. The emergency fire equipment in the building has also been upgraded.
17
The National Judicial Automation Committee was reconstituted on 10 November 2023 to oversee
the digitization of the Supreme Court records. The Committee comprises of Justice Syed Mansoor
Ali Shah and Justice Muhammad Ali Mazhar. This initiative aims to enhance accessibility and
efficiency.
The Supreme Court's Law Clerkship Program is designed to allow talented young lawyers from
across Pakistan, regardless of background, to directly assist and learn from the Judges of the
Supreme Court.
Following a competitive application process, 37 applicants were shortlisted from 350 applicants,
who were then interviewed by two Judges of the Supreme Court. Twelve applicants were inducted
as the 2023-24 batch of Law Clerks at the Supreme Court of Pakistan; seven of them are women,
the majority have local degrees, all of them received their legal education in Pakistan, and all
provinces and the Islamabad Capital Territory are represented.
18
Telecast Committee
A committee was constituted, comprising of Justice Muhammad Ali Mazhar and Justice Athar
Minallah, to develop lasting and effective means to broadcast Supreme Court proceedings. The
committee was successful in making the requisite arrangements. The proceedings in Reference
No. 1/2011 was broadcast live on 12 December 2023 by the Supreme Court itself21 and it was
decided to telecast public interest/important cases. 22
A committee was constituted headed by Justice Syed Mansoor Ali Shah and retired Justice
Manzoor Malik for drafting/amending the (JCP) Rules and determining criteria for the
appointment of Judges to the superior courts. The Committee held its first meeting on 16
December 2023, and the co-chairs were empowered to ‘co-opt any person to the Committee’, and
they decided to co-opt a number of persons and ensured adequate representation of women and
the District Judiciary, as well as adding a public sector governance expert, and asked them to send
in their proposals/recommendations to the Committee.
The second meeting of the Rule-making Committee took place on 29 December 2023 and the
proposed the draft rules of procedure for the Commission are being prepared.
21 https://www.youtube.com/watch?v=fnsKtf1yM78&t=9s&ab_channel=SupremeCourtofPakistanProceedings
22 https://www.youtube.com/@SCPProceedings
19
International Engagements
Judges of the Supreme Court attended meetings, conferences, and lectures abroad, exchanging
ideas for the optimisation of their work, and also represented Pakistan on the global stage. The
following are some engagements that were undertaken:
Boston University
Justice Syed Mansoor Ali Shah shared his professional experience and views on human rights in
Pakistan on 25 September 2023 at an event organised by Boston University.
World Bank
Justice Syed Mansoor Ali Shah participated as a speaker at the Law, Justice and Development
Week: Judges’ Perspectives held at the World Bank on 22 November 2023.
Local Engagements
Federal Judicial Academy in collaboration with the International Committee for the Red
Cross
Justice Syed Mansoor Ali Shah gave a Keynote address titled ‘Protection of the Natural
Environment and Climate Change: A Legal Perspective’ on 22 November 2023 at the Academy.
Universities
The Judicial Commission of Pakistan (‘JCP’) has been set up under Article 175A(1) of the
Constitution for recommending appointments of Judges to the Supreme Court and High Courts.
A meeting of the JCP was held on 20 October 2023 with a two-point agenda: To consider the
nomination of Justice Irfan Saadat Khan, Chief Justice of the Sindh High Court for elevation to
the Supreme Court of Pakistan, and to formulate a framework through consultation for the
appointment of Judges to the High Courts. The JCP unanimously approved the appointment of
Justice Irfan Saadat Khan as a Judge of the Supreme Court of Pakistan.
In another meeting of the JCP held on 4 December 2023, Justice Aqeel Ahmed Abbasi was
recommended for appointment as Chief Justice, High Court of Sindh, and was approved. In this
meeting, a committee was also constituted for proposing amendments and improvements in the
JCP Rules, headed by Justice Syed Mansoor Ali Shah and retired Justice Manzoor Malik.
The Supreme Judicial Council (‘SJC’) is required to attend to the accountability of Judges of the
Supreme Court and High Courts under Article 209 of the Constitution. The Council comprises of
the Chief Justice of Pakistan, the next two senior most Judges of the Supreme Court and two
senior most Chief Justices of the High Courts.
The SJC last met on in July 2021. There were a large number of complaints requiring
consideration. The Chief Justice of Pakistan convened a meeting of the Council on 27 October
2023 and the earliest complaints in respect of which initial opinions had been given were
considered.
Twenty-nine complaints were considered by the SJC, out of which nineteen were dismissed. It was
decided that the Judges who had been complained against, and the legal heirs of those whom had
passed be informed of the decision of the SJC. Lawyers filing frivolous complaints were cautioned
by the SJC.
24
The Federal Judicial Academy (‘Academy’) was established in September 1988, and its offices are
governed by the Federal Judicial Academy Act, 1997. For the general supervision of the affairs of
the Academy to achieve of its aims and objects, a Board of Governors is constituted under the
chairmanship of the Chief Justice of Pakistan.
The last meeting of the Board of Governors was held in 2019. Justice Qazi Faez Isa after assuming
the office of the Chief Justice of Pakistan and Chairman, Board of Governors, of the Academy,
convened the meeting of the Board on 25 September 2023. All members of the Board attended
the meeting.
The Chief Justice/Chairman interviewed the shortlisted candidates for the position of the
Director-General and appointed Mr. Hayat Ali Shah on the post.
Justice Syed Mansoor Ali Shah, Judge Supreme Court of Pakistan, was appointed as Expert Advisor
to the Board on a pro bono basis to improve the working of the Academy.
On the recommendations of Justice Syed Mansoor Ali Shah, four judicial officers have been
appointed on deputation as faculty members in the Academy.
REGISTRAR
Supreme Court Law Clerks, Hassan Kamal Wattoo, Neha Makhdoom and Ahsan Jehanghir Khan
assisted in the preparation of this report.