SCP Quarterly Report 20012024 2401

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Supreme Court of Pakistan

Quarterly Report
(17 September to 16 December 2023)

Available on the Supreme Court of Pakistan website at www.supremecourt.gov.pk/info


2

Message from the Chief Justice of Pakistan

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.

Qazi Faez Isa


Chief Justice of Pakistan
3

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

‘What previously may have been on a need-to-know basis Article


19A of the Constitution has transformed it to a right-to-know.
The burden has shifted from those seeking information to
those who want to conceal it. Access to information is no
longer a discretion granted through occasional benevolence,
but is now a fundamental right available with every Pakistani
which right may be invoked under Article 19A of the
Constitution.’

1 https://www.supremecourt.gov.pk/downloads_judgements/c.p._3532_2023.pdf
4

Notable Decisions During the Quarter

The following notable judgments were rendered in this quarter:

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:

‘We have very carefully considered each and every provision


of the Act, and are of the view that it has facilitated access
to justice, instilled transparency, made the realization of
Fundamental Rights more effective, and the Supreme Court
more independent. The office of the Chief Justice has also
been strengthened as there is an element of continuity when
consultation takes place with the two most senior Judges.
The measures taken in the Act ensure judicial
independence, and the Supreme Court has been made to
better serve the people’.2

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.

2 Raja Amer Khan v Federation of Pakistan.


https://www.supremecourt.gov.pk/downloads_judgements/const.p._6_2023_111023.pdf
3 Supreme Court Bar Association v Federation of Pakistan.

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

Human Rights Cases

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:

‘Mehr is an Islamic concept mentioned in the Holy Qur’an,


(An-Nisa (4) verse 4 and Al-Baqrah (2) verses 236-7) and it
is specifically recognised by the law of Pakistan, that is,
section 2 of the Muslim Personal Law (Shariat) Application
Act, 1962. Mehr has to be paid whenever demanded by the
wife.’5

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

Public Interest Cases

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

4 Jawwad S. Khawaja v Federation of Pakistan


https://www.supremecourt.gov.pk/downloads_judgements/const.p._24_2023_23102023.pdf
5 Khalid Pervaiz v. Samina.

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

Punishment should be Proportionate to Guilt: It was held that punishment should be


proportionate to guilt and that curative acts are retrospective in operation.17

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

15 Muhammad Atif v the State.


https://www.supremecourt.gov.pk/downloads_judgements/crl.p._298_2023.pdf
16Muhammad Yasin v. The State.

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
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Institution and Disposal of Cases


in the 17 September to 16 December 2023 Quarter

Cases Instituted since 17 September 2023 4,466

Cases Disposed as of 16 December 2023 5,305

Total pending cases on 17 September 2023 56,503

Total pending cases on 16 December 2023 55,644

Reduction in pendency of cases in 3 months 859

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:

First Lady Registrar of the Supreme Court Appointed


In a historic milestone, Ms. Jazeela Aslam was appointed
as the Registrar of the Supreme Court on 17 September
2023. This appointment was on merit. She received her
BA from Kinnaird College, her LLB from Punjab
University, and successfully completed the judicial
competitive examination of Punjab. She joined the
Ms. Jazeela Aslam
Punjab Judicial Service as civil judge/judicial magistrate in
May, 1994. She has also worked as Deputy Solicitor, as an
Instructor in the Federal Judicial Academy, and as
Director Academic in the Punjab Judicial Academy.

Ms. Aslam wrote Guidelines on Writing Judgments (2019) for


use by civil judges. She has also prepared a report on the
Property Rights of Women (2020), and has participated in international conferences on environment
laws, mediation and judicial reforms. Before her appointment as Registrar, Supreme Court of
Pakistan she served as District and Sessions Judge, Okara, Kasur and Sialkot, and is the senior-
most female District and Sessions Judge in Punjab. She considerably exceeds the minimum
qualification and experience stipulated in the Supreme Court Establishment Service Rules, 2015.

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

Full Court Meeting


On 18 September 2023, the first working day of Justice Qazi Faez Isa as Chief Justice of Pakistan,
a full court meeting was convened after a gap of four years. Full court meetings emphasise the
importance of collective decision making.

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

Collaboration with the Legal Community to Address Case Pendency


The Chief Justice and the Senior Puisne Judge met with the Pakistan Bar Council and the Supreme
Court Bar Association on 20 September 2023. Their suggestions on how to solve the problems
faced by advocates and litigants, and how to reduce the backlog of cases, were sought. A number
of their suggestions have already been implemented.

Extended Preparation Time for Lawyers


In response to the suggestions by PBC and SCBA, it was agreed that a one-month cause list would
be issued to afford advocates/litigants ample time to prepare their cases. Monthly cause lists are
now issued.

Consultative Session with Law Officers


On 28 September 2023 the Chief Justice
and the Senior Puisne Judge convened a
meeting with law officers, including the
Attorney-General for Pakistan, Advocate-
Generals of the provinces, Prosecutor
Generals of the provinces and of the
National Accountability Bureau, to gain
insights and enhance efficiency in the
hearing of cases in which law officers are
represented in the Supreme Court.

Informative Session with Women Lawyers


The Chief Justice and Justice Athar Minallah welcomed a delegation from the 'Women in Law
Initiative' and heard their suggestions for improving female representation and working conditions
for women in the legal sector in Pakistan.
13

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

Press and Information

Supreme Court Press Association

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

Fundamental Rights Monument


To create public space within the Supreme Court premises and to highlight Fundamental Rights,
a Fundamental Rights Monument is planned with the voluntary assistance of Mr. Usman Khan,
Founder and Chief Executive Officer of award-winning architectural firm Impact Design
International and Professor Dr. Murtaza Jafri, Vice Chancellor of the National College of Arts,
and their teams have volunteered to provide architectural and calligraphic work for the Monument.
The space will be open to the public free of charge.

Supreme Court Registry at Karachi


The Federal Government had provided to the Supreme Court 6.89 acres of land on which it
proposed to build the Supreme Court Registry at Karachi at a cost of 6 billion rupees. The Building
Committee met with the Secretary of Housing and Works of the Government of Pakistan to
consider whether the land and the proposed building could be put to better use to serve people
and to save money. It transpired that there are approximately 36 Federal courts and tribunals in
Karachi which are situated in different locations, many of which are in private buildings for which
a substantial amount of rent is spent monthly. It was considered that to save money and utilise the
earmarked land for the benefit and convenience of lawyers and litigants the said land be
surrendered for the use of Federal courts and tribunals, and the premises in present use of the
Supreme Court be retained, which would also ensure the continued preservation of a protected
heritage building.

Cleanliness and Maintenance


A directive has been issued to prioritize cleanliness, especially in areas frequented by litigants and
lawyers, including bathrooms and canteens. The water filtration system has been upgraded, and
hazardous old tiles have been replaced.

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

National Judicial Automation Committee

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.

Law Clerkship Program Committee

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

JCP Committee on the appointment of Judges

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:

Shanghai Cooperation Organization


(SCO) Judges Forum
On 19 September 2023, the Chief Justice of
Pakistan virtually from Islamabad addressed
the Shanghai Cooperation Organisation’s
Judges forum in Qingdao, China, which was
attended by Presidents of Supreme Courts
from SCO countries.

Yale Law School Global Constitutionalism Seminar


Justice Syed Mansoor Ali Shah attended Yale’s Global Constitutionalism Seminar on 21 September
2023 at Yale Law School and contributed to the academic discourse on constitutional matters.

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.

Harvard Law School


Justice Syed Mansoor Ali Shah engaged
in a workshop at Harvard Law School,
exploring the Islamic Law/Sharia
Resource Bank project for the Pakistani
Judiciary on 26 September 2023. He also
delivered a lecture at the same venue.

12th International Legal Forum Asia-Pacific


Justice Ijaz ul Ahsan participated in the 12th International Legal Forum Asia-Pacific on 5 October
2023.
20

UNCITRAL Asia Pacific Judicial Summit


Justice Ijaz ul Ahsan and Justice Yahya Afridi participated in the 5th United Nations Commission
on International Trade Law (UNCITRAL) Asia Pacific Judicial Summit in Hong Kong from 4
November 2023 to 8 November 2023.

International Union for Conservation of Nature


Justice Syed Mansoor Ali Shah delivered a talk on ‘The Role of Judges in Addressing Plastic
Population’ on 8 November 2023.

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.

2023 United Nations Climate Change Conference (COP28)


Justice Syed Mansoor Ali Shah spoke on ‘Climate Justice: New Narratives of Hope, Resilience and
Security’ at the United Nations Climate Change Conference (COP28) on 8 December 2023.

New York University School of Law in collaboration with UN Environment Programme,


the International Association of Judges, World Commission on Environmental Law, the
International Council of Environmental Law and the European Union Forum of Judges
for the Environment
Justice Syed Mansoor Ali Shah participated as a speaker at the talk titled ‘A Dialogue on the Latest
Scientific and Legal Developments in Climate Change Law’ on 9 December 2023.
21

Local Engagements

Pakistan Institute of Development Economics (PIDE)


Justice Syed Mansoor Ali Shah participated as a Keynote Speaker at a talk titled ‘Predicting
Pakistan’s Case Pendency: Mediation as a Critical Reform Agenda’ on 7 November 2023.

National Defence University


The Chief Justice of Pakistan was invited to give a Keynote address on the Constitution of Pakistan
which was followed by an extensive question and answer session on 7 November 2023.

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.

Sustainable Development Policy Institute


Justice Syed Mansoor Ali Shah participated as a speaker at ‘SDPI’s Living Legend Series Award
2023 dedicated to Dr. Parvez Hassan’ on 22 November 2023.

Metropolitan Moot Court Competition


Justice Muhammad Ali Mazhar participated as the Guest of Honour in the Metropolitan Moot
Court Competition 2023 held on 6 December 2023.
22

Universities

Quaid-e-Azam University Syndicate Meeting


The Chief Justice of Pakistan or his nominee is
a member of the syndicate of the Quaid-e-
Azam University Islamabad. Well-run
educational institutions can change a nation’s
destiny, therefore, the Chief Justice elected to
participate in the meeting of the syndicate held
on 22 September 2023. A number of important
decisions were made, including ensuring the
University land is demarcated to prevent
encroachments. Student union activities, which
remained banned since a Martial Law Order in 1984, were resumed.

International Islamic University Islamabad


The Chief Justice of Pakistan or his nominee is a member of the Board of Trustees. The
International Islamic University Ordinance, 1985, prescribes at least one meeting a year but this
provision and many other provisions of the law were not being complied with. On Justice Isa’s
insistence the meeting of the University took place, which was presided over by the President of
Pakistan, who is the University’s Chancellor. A number of long pending and critical issues were
decided on 11 December 2023 with a view to restore the standing and repute of the University
and to reclaim its Islamic ethos and international stature.
23

Judicial Commission of Pakistan

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.

Supreme Judicial Council

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

Federal Judicial Academy

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 OF PAKISTAN

Supreme Court Law Clerks, Hassan Kamal Wattoo, Neha Makhdoom and Ahsan Jehanghir Khan
assisted in the preparation of this report.

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