Islamabad:
The Supreme Court ruled that any inaction of a part of a chief judge of the High Court in response to a complaint of an agent of the magistracy concerning the interference of executive agencies would be contrary to its constitutional obligations under article 203 of the Constitution.
“The chief justice of the Lahore High Court: Firstly, Acted Within His Constitutional Authority Under Article 203 to Supervise the Procedings of Subordinate Courts, Including the Anti-Terrorism Courts; and Secondly, in Light of the Dismissal of the Reference Against the Presiding Judge by the administrative judge Chief Justice was also justified in not tathing Further Action on the Transfer Application, Which Lacked Merit and was based solely we have reference that convincing evidence.
“We are aware of the fact that the chief judge of a high court in a province is the paterfamilia of the judiciary in this province. Consequently, any inaction on his part in response to such a complaint of that of a judicial agent would be contrary to his constitutional obligations under article 203 of the Constitution”, a judgment of four images would have read by the judge of Pakistan (CJP) Punjab prosecution The High Court of the High Court (LHC) of the time, the chief judge Lahore, on the requests, by the State requesting the transfer of the affairs of a judge president of the Court Antiterroist (ATC) to another.
The main push of the special prosecutor representing the State was that the conclusions recorded in paragraphs 8 and 9 of the orders were not only useless, but also beyond the mandate of authority devolved to the chief judge.
It should be noted that the former CJ of the LHC, Malik Shahzad Ahmad Khan, had taken a stand against the interference of executive agencies in the affairs of the judges of the ATC.
He even made a strong exception at the request of the Punjab government to transfer Judge ATC Rawalpindi. The Punjab government was reluctant to appoint the ATCS judges who were recommended by the former LHC chief.
He had dismissed the complaint of former ATC Sargodha judge to the Supreme Court who heard the affairs of Suo Motu on six letters of judges from the High Court of Islamabad against the interference of agencies in their judicial functions.
In the meantime, the government with the help of the former CJP Qazi Faez Isa was able to raise Malik Shahzad Ahmad Khan at the Supreme Court. Four judges of the Supreme Court were not in favor of his elevation at the Supreme Court because they thought that the judicial power of the Punjab needed a solid administrative head.
