FOREWORD

                        It is an occasion of great elation for me to sponsor the publication of the second Annual Report of the Lahore High Court. The previous Report served its purpose well. It got wide publicity in the Press and imparted awareness to the public about the conditions, problems and achievements of the Judiciary. The data collected for preparation of the Report, helped the Administration in planning, policy-making and in taking better administrative decisions.

                        The function of the High Court is administration of justice and ensuring that the people get justice. To perform this function there is a hierarchical organization comprising the various classes of subordinate courts and the High Court at the apex. 90% of the people in need of justice seek it from the subordinate courts and do not have the means to go any higher. The subordinate courts are therefore the pivot of the judicial system. In order that the High Court may administer justice effectively it is necessary that the subordinate courts are strong and efficient.

                        On assuming the office of the Chief Justice in the year 2002 I felt that restoration of the confidence of the subordinate judiciary was needed. By following a stable and rational policy of postings and transfers I brought comfort and peace of mind to the judicial officers. This infused in them the spirit to work hard with dedication and devotion. I called a conference of District and Sessions Judges to ascertain the problems of the subordinate judiciary. Several initiatives for resolving them were launched. The subordinate judiciary was adequately empowered firstly through a judicial order, and later by legislation, to attend to problems routinely being faced by public regarding misfeasance or nonfeasance by police functionaries. Conferment of powers under section 22-A, Code of Criminal Procedure has given ample power to judicial officers to provide cheap and effective justice to a large number of litigants, practically at their door steps. The subordinate judiciary has also been familiarized with Administrative law for the first time. Their grooming in this branch of law would prove to be considerably beneficial to them in their careers.

                        Most of the schemes which commenced in 2002 continued in 2003. In that year new cars (Baleno) were provided to all the District and Sessions Judges. Orders were passed that all subordinate courts shall be rendered air-conditioned. Electricity supply to the High Court Building was got increased and electric cables and the installations for electric supply were got revamped. All offices of the High Court were provided air-conditioning. The salary of the officers and staff of the High Court Establishment was enhanced by 10%. The staff was provided official uniform and badges. Steps were taken for delay-reduction and increase in the disposal of cases.

For the first time a Wing for conduct of business relating to Legislation, Planning and Development was established in the High Court. It is headed by a BS-20 officer. This Wing prepared several drafts of laws and referred them to the Law and Justice Commission of Pakistan for consideration. It took steps for fulfilling conditionalities of the Access to Justice Programme. These embodied (i) measures for delay reduction,   (ii) formalization of MIT functions through notification (iii) creation of Citizen Court Liaison Centers in the districts to facilitate the public to have easy access to justice. It has also prepared schemes for (i) leave encashment for providing incentive to judicial officers (ii) improvement in the process serving agency and (iii) improvement in terms and conditions of service of the subordinate judiciary. It has launched development schemes for construction of courts and residences for judicial officers. Out of them 147 projects are ongoing; 47 projects are newly approved; 22 schemes have been completed and 226 schemes are under process. An ambitious Automation Plan has been initiated. The following automation schemes have been launched :-

1)                 Display of cases schedule outside the Courts.

2)                 Networking of Lahore High Court.

3)                 Electronic Document Management System (Phase-I).

4)                 Provision of Computers in Courts/Offices/Branches.

5)                 Personnel Information System (Judicial Officers).

6)                 Pilot phase of Computerization of Subordinate Judiciary (Sessions/Civil Courts)

7)                 Process Service through E-mail.

8)                 Complaints Management System.

9)                 Basic IT Training of staff.

In the present Report, statistics relating to all the courts in the Punjab are being given, making the Report more comprehensive. During the year 75420 cases were instituted in the Lahore High Court Principal Seat and Benches and 79743 were disposed of. The total pendency on 31.12.2003 was 61362. In the District and Sessions Courts in the Punjab 338963 cases were instituted and 330510 cases were disposed of. The balance on 1.1.2004 was 75088 cases. In the Civil and Criminal Courts in the Punjab 906043 cases were instituted and 873309 were disposed of. The balance on 1.1.2004 was 905661 cases. In the Anti-Terrorism Courts 764 cases were instituted and 677 were disposed of. The balance was 412. The institution in the Banking Courts was 7694 cases and disposal was 6520 cases. The balance was 12925. In the Drug Courts 2352 cases were instituted and 1329 cases were disposed of. The balance was 3000. In the Labour courts 2894 cases were instituted and 4149 cases were disposed of. The balance was 2384. There has been considerable increase in litigation. Disposal of cases has not been unsatisfactory but more is required to be done in this regard. Shortage of judicial officers has been one factor due to which lesser number of cases were disposed of. 125 posts of Civil Judges-cum-Judicial Magistrates remained vacant. Those who were assigned the task of recruiting Civil Judges could not provide even fifty Judges during last year.

                        In the end I express my deep gratitude to all my brother Judges as well as officers and staff of the High Court who provided the synergy for the various activities of the High Court. We have been able to create a friendly work-place environment in the courts for all concerned. This, coupled with better working conditions, improved methods, large scale introduction of technology in courts will increase the efficiency levels bringing corresponding reduction in waiting period for litigants. Speedy and inexpensive justice to people will no longer be a dream. We hope to continue with our endeavours to administer law and to provide relief to people in accordance with law to their satisfaction.

(IFTIKHAR HUSAIN CHAUDHRY)

Chief Justice

Lahore

April 7, 2004.

FOREWARD TO THE ANNUAL REPORT, 2002

            This work is a compendium of the endeavours, achievements and accomplishment of the Lahore High Court during the year 2002. It also gives a brief account of the history and evolution of the court. Being the first of its kind it is a source of exaltation for me to have had the opportunity of pioneering it.

            The Lahore High Court has its Principal Seat at Lahore and permanent Benches at Rawalpindi, Multan and Bahawalpur. It has a sanctioned strength of 50 Judgeships. It supervises and controls 35 courts of Districts and Sessions Judges, 290 courts of Additional Districts and Sessions Judges, 654 courts of Senior/Civil Judges cum Judicial Magistrates,117 courts of Special Judicial Magistrates , one Judge Small Causes Court, Special Courts concerning Anti-Corruption, Drugs, Narcotics , Anti –Terrorism , Labour , Accountability, Customs, Anti-Smuggling, Environment and Banking, LDA Tribunal and Service Tribunal. It also deputes judicial officers to the Federal Law Ministry, the Provincial Law Department and other Government Organizations for legal service. By virtue of the size of its structure and responsibilities the Lahore High Court is one of the largest integrated Justice Systems of the world.

            Good governance is a high priority of the Government. Economic development and poverty alleviation is central to this policy. The achievement of this goal primarily hinges on the rule of law pivotal for which is the existence of a sound judicial system.

Daniel Webster observed:-

“ Justice, Sir, is the greatest interest of man on earth. It is the ligament which holds civilized beings and civilized nations together. Wherever her temple stands, and so long as it is duly honored, there is a foundation for social security, general happiness and improvement and progress of our race. And whoever labours on this edifice with usefulness and distinction, whoever clears its foundations, strengthens its pillars, adorns its entablatures, or contributes to raise its august dome still higher in the skies, connects himself in name and fame and character with that which is and must be as durable as the frame of human society.”

             In the words of Robert Ingersoll:-

            “A government founded on anything except liberty and justice cannot stand. All the wrecks on either side of the stream of time, all the wrecks of great cities and all the nations that have passed away all are a warning that no nation founded upon injustice can stand. From the sand enshrouded Egypt from the marble wilderness of Athens, and from every fallen or crumbling stone of the one mighty Rome comes a wail as it were the cry that no nation founded on injustice can permanently stand.”

            The emblem and inscription of the Lahore High Court, “ Be Just: that is next to piety” enshrines the spirit and the mission of the Lahore High Court.

            For a considerable time the subordinate judiciary has suffered neglect and has been confronting formidable problems affecting its performance. Unfavorable working conditions, absence of appropriate infrastructure, shortage of Judges, lack of adequate court rooms, residential accommodation, salary and other facilities to the Judges and ministerial staff of the courts are seriously hampering the efficiency of the sector.

            On assuming the office of the Chief Justice on 06.09.2002, I took steps to alleviate the woes and miseries of the subordinate judiciary by rationalizing the policy of posting and transfer of the judicial officers and the court staff. In this behalf it was decided that regard shall be had to the convenience and

domicile of the person concerned while making his posting and transfer. Measures were adopted to remove the gloom and despair prevailing in the subordinate judiciary to restore its confidence and there by to enable it to discharge its duties with independence and dignity.

             Cognizant of the need to refurbish and strengthen the judiciary to enable it to discharge its onerous responsibilities efficiently, soon after entering office as Chief Justice, I called a conference of all Districts and Sessions Judges in the Punjab on 21.09.2002 to identify the ways and means to improve the working conditions of the subordinate judiciary. The delegates inter-alia suggested that enhancement of the salary and perks of judicial officers and various other facilities are required to improve the performance of the judiciary. A detailed report of the conference was prepared and a copy of the same was sent each to the Law Ministry and National Judicial Policy Making Committee for consideration.

            Under the aegis of the Access to Justice Programme schemes for automation of the judiciary and building judicial complexes (i.e. court rooms and residences) where State land is available have been initiated. Efforts are being made to acquire State land in the Districts where so far it has not been made available. As soon as such State land is acquired building schemes for it will be commenced. Several proposals for providing better package to the members of the Judiciary are on the anvil and would be placed before the National Judicial Policy Making Body.

                        The Establishment (i.e. office and branches) of the High Court is being re-modelled to improve its efficiency and to provide better administration. A Wing will be dedicated to attend to the work pertaining to the development of judiciary. To give the Establishment a clean and tidy look and to enhance its efficiency, uniform and identity badges have been prescribed for the staff. This scheme will soon be extended to the staff of the lower courts.

                        During the year, the Lahore High Court disposed of about 100,000 cases while 7,80,811 cases were disposed of by the courts subordinate to the Lahore High Court. Disposal of such a large number of cases without automation and modern equipment is indeed a remarkable achievement.

                        This year-book is being published to apprise the public about work done by the courts of the Province during the year 2002. It is an effort to sensitize the public about the output of the courts which are in urgent need of funds, hardware and equipment to boost their efficiency so that the ever increasing workload is handled effectively and expeditiously.

                        I am proud of the faith and confidence the general public reposes in the judiciary and hope that the judiciary will stand up to the expectations and aspirations of the people.

IFTIKHAR HUSAIN CHAUDHRY

Chief Justice

Lahore

March 3, 2003

INTRODUCTION TO THE ANNUAL REPORT, 2002

            The history of the High Court at Lahore is not only a proud record of the judiciary over the last hundred and thirty seven in this part of the world but is also a saga of the march of social, political, economic and constitutional events which brought about cataclysmic changes in the history of the sub-continent. Prior to 1830 the conditions prevailing in the Principalities, ruled by independent Chieftains in the Punjab, were deplorable. Crime was rampant and had become a hereditary profession. Neither there were any judicial courts nor written laws nor any established authorities to maintain or enforce them. The cases were decided by Chieftains according to their own caprices.

            For the first time in 1849 a Board of Administration was constituted, the Punjab was divided into Divisions, the Divisions into Districts and the Districts into Tehsils. The Divisions were under the charge of Commissioners, the Districts were controlled by Deputy Commissioners and Tehsils were supervised by Assistant and Extra Assistant Commissioners. By 1864, the necessity of expanding judicial machinery was keenly felt. A bill for the formation of the Chief Court of the Punjab was introduced. On 16^th February 1866, the Chief Court Act IV of 1866 received the assent of the Governor General. On 17.2.1866 two judges were appointed. In the same year a Civil Procedure Code was made applicable to the courts. In 1884 the following classes of courts, subordinate to the Chief Court were constituted.

i)                    The Divisional Court.

ii)                  The Court of the District Judge.

iii)                 The Court of the Subordinate Judge.

iv)                The Court of Munsif.

In 1919 the Chief Court was elevated to the status of a High Court by Letters Patent and issuance of  a notification dated Ist April,1919.

            The Government of India Act 1935 made certain radical changes in the Constitution and powers of the various High Courts in British India. The new Act provided that the Judges would hold office during good behaviour whereas previously they held office during His Majesty’s pleasure. Instead of the ceiling of twenty Judges fixed by the earlier Act, the present Act left it to His Majesty to fix the number of Judges separately for each High Court depending upon their requirements. All acting appointments of Judges were left in the hands of the Governor-General and the powers of the Local Governments were withdrawn. Under the old system, the Chief Justice had always been a Barrister Judge. The new Act removed this limitation and opened the Chief  Justiceship to Civilian Judges as well. The old Act fixed a definite proportion of Civilian and Barrister Judges in the composition of the High Court, which was removed by the new Act. The new Act also fixed the 60 years age limit for High Court Judges which did not exist in the old Act, but which was otherwise enforced by the terms of the Judge’s appointment. By the Government of India (High Court Judges) Order, 1937, the maximum number of Judges for the several High Courts in India was fixed. In each case the number so stated was exclusive of the Chief Justice, but included all additional judges. The maximum number of Judges fixed for the Lahore High Court was 15. The said Order also prescribed the scale of pay and rights as to leave, pension, gratuity, etc., of the various Judges serving the different High Courts in India including the Lahore High Court.

            On the division of India in 1947 into the dominions of Pakistan and India, the High Courts (Punjab) Order 1947 created a new High Court of Judicature for the territory of East Punjab (India) and the High Court (Lahore) Order 1947 preserved the continuance of the Lahore High Court.

            On the establishment of West Pakistan in 1955, the High Court of West Pakistan (Establishment) Order XIX of 1955 converted the Lahore High court into the High Court of West Pakistan with permanent Benches at Karachi and Peshawar and Circuit Benches at Quetta and Bahawalpur.

            The Constitution of Pakistan 1956 and that of 1962 continued the High Court of West Pakistan with certain changes. The year 1967 saw the centenary celebrations of the High Court of West Pakistan. A significant event of this occasion was ceremony wherein the Judges and Lawyers of the Court rededicated themselves to the Glory of God and Service of Man through the following rededication citation:-

“In the name of Allah the Most Merciful, the All knowing, the Omnipotent, the Grantor of all Prayers, the Omnipresent, the Greatest Judge and Final Arbiter.

In special memory to those who have made the supreme sacrifice to preserve this Temple inviolate, and who are no longer today with us, but by whose efforts this House still holds itself pure and clean in body and spirit; and in gratitude to all who in life and death have sought to preserve it as a noble instrument of Thy Will and Command; We dedicate this High Court of West Pakistan and ourselves to Thee and beg of Thee for Thy Mercy and Blessing.

Almighty God, we pray that this House of Justice by Thy grace be endued with Thy light and spirit. Pour down Thy glory on this Court and consecrate it with Thy wisdom and love. Exalt it in spirit and in strength that it may be Thy instrument to fulfill Thine Divine Commands. Give us, Thine servants, strength, wisdom and truth. Enlighten us from ignorance and inspire us with Thy light. Grant us grace truly and impartially to administer justice and to uphold truth to the glory of Thy Name. And of Thy infinite mercy so direct and dispose our hearts that we may fulfill Thy will and fall into no error of judgment. Grant us humility. Have mercy upon us and give us grace so to judge within the limits set by Thee

Grant our prayer and bestow upon us the fortitude and freedom to do justice according to law and uphold the Constitution of Pakistan without fear or favour, affection or ill-will.”

            With this sublime vow the West Pakistan High Court (now Lahore High Court) has assumed the unique responsibility to play a leading role in the country for zealously and actively upholding the supremacy of law and justice.

            On the Dissolution of the Province of West Pakistan, the High Court (Establishment) Order, P.O. 8 of 1970, replaced the West Pakistan High Court with Peshawar High Court for  N.W.F.P. , Lahore High Court for Punjab and Sindh, Balochistan High Court for Sindh and Balochistan. The Constitution of Pakistan 1973 continued the Lahore High Court.

            Presently by virtue of an amendment of the High Court (Establishment) Order P.O.8 of 1970, effected in 1981, the Lahore High Court has its Principal Seat at Lahore and permanent Benches at Rawalpindi, Multan and Bahawalpur. It supervises and controls 35 courts of District and Sessions Judges, 290 courts of Additional District and Sessions Judges, 654 courts of Senior/Civil Judges-cum-Judicial Magistrates, 117 courts of Special Judicial Magistrates, one Judge Small Causes Court, Special Courts concerning Anti-Corruption, Drugs, Narcotics, Anti-Terrorism, Labour, Accountability, Customs, Anti-Smuggling, Environment and Banking, LDA Tribunal and Service Tribunal.

            The permanent strength of Judges of the High Court at Lahore was limited to seven. It was raised from time to time. Finally it was raised to 50 Judgeships to be filled in phases. In 2002 the working strength of the Hon’ble Judges at the Principal Seat and its Benches was 37 out of which 30 were permanent Judges and 7 were additional Judges.

EXTRACT REGARDING ESTABLISHMENT OF PUNJAB CHIEF COURT

OBTAINED FROM THE PUNJAB ARCHIVES, S&GAD, LAHORE

Subject:             ESTABLISHMENT OF PUNJAB CHIEF COURT .

During the year 1880-81, a special grant was made for erection of the Chief Court Building at Lahore. In the year 1886-87, especially moulded bricks were introduced and Naushera marble was for the first time largely used for decorative purposes. As reported in Punjab Administration Report 1887-88, "the Chief Court is completed in the year 1887, the front elevation from the Mall is very effective and together with the new Cathedral and Lord Lawrence's statue in the neighbourhood of this building is a notable addition to the public buildings and monuments of Lahore. It harmonizes admirably with the ancient monuments, history and atmosphere of Lahore." The details of the superstructures were designed by Mr .Brossington, a skilful architect, and the work was executed under the supervision of Mr. J .E. Hilton, Executive Engineer who completed the work in 1887 at the total cost of Rs.3,21,837/-.

2.                     The whole structure, which is in the form of a quadrangle is built of solid bricks, in lime mortar, with all mouldings, cornices and projections of specially moulded , bricks and the arch fillings of terra cotta trellis work. One great peculiarity of the work was that no chipping of bricks was allowed.

3.                     The front arches of the Judges' verandah and the porch outside and portions of the main towers, are built of Nowshera marble, with marble trellis work. The roof of the main court-room is of double Allahabad tiling, and that of the rest flat tiled and terraced. The floor of the Central Hall is of marble, and that of the rest of hexagonal tiles. The roof timbers are of deodar wood and the doors of teak wood, with carved devices on the tiles as well as on the frames. The waiting hall, court-rooms and Judges' chambers are finished with a dado of encaustic tiles and various patterns, laid in Portland Cement.

4.                     The front row of rooms, to the north, consists of a central hall, 55' x 35', approached through a large porch by a broad.flight of marble steps. To the right and left of this hall are spacious Bench rooms, each 55' x 40', and in the wings beyond four smaller chambers for four Judges, with retiring rooms, and bath rooms, a private passage leading direct to the Bench rooms from the chambers.

5.                     On the west, facing the Accountant General's office, rooms are provided for the Jury, the Bar, Bar Library, Deputy Registrar, the Translating Department, Readers' Room, and the Superintendent of the Vernacular Office.

6.                     In the block opposite, on the east side, there are the Registrar's Room, Committee Room, the Court Library, the English Office, and rooms for the Head Assistant and subordinate clerks.

7.                     On the south, large rooms, 35' x 25', for the English and Persian Records, from the two wings, with rooms for the Record keepers and the Treasurer, leaving a gateway in the center, forming the carriage entrance to the quadrangle.

8.                     On all four sides, both inside the quadrangle and round the outside of the entire building, are spacious verandahs.

9.                     The two towers, which form the central feature, are carried up square for one half the height, above which, they are fluted and have bold cones thrown out, somewhat after the model of those of the Kutab Minar at Delhi. The total height of the central towers to the vane is 95 feet, and that of the two at the end 72 feet. The end towers contain circular staircases leading to the top.

10.                   The verandahs are, in all cases, carried up to the full height of the inner walls, the arches being nearly two-third filled in with trellis, or tracery, working terra cotta, to keep out the glare.

11.                   All the verandahs of the principal front are surrounded by a massive cornice of the old Arabic honey-comb pattern.

HON’BLE JUDGES

OF

LAHORE HIGH COURT, LAHORE

                        24th March, 2004

ADMINISTRATION COMMITTEE

OF LAHORE HIGH COURT

DURING THE YEAR 2003

1.                  Mr. Justice Iftikhar Husain Chaudhry

                              Chief Justice.

2.                  Justice Mrs. Fakhar-un-Nisa Khokhar.

3.                  Mr. Justice M. Javed Buttar.

4.                  Mr. Justice Tassaduq Hussain Jillani.

5.                  Mr. Justice Raja Muhammad Sabir.

6.                  Mr. Justice Ch. Ijaz Ahmad.

7.                  Mr. Justice Muhammad Zafar Yasin.

IMPORTANT EVENTS OF THE YEAR 2003

1.                  Annual Report 2002.

The Annual Report of the Lahore High Court for the year 2002 was published for the first time, ever, on 17^th March, 2003.

2.                  Gown of the Judges.

The robes of Judges were changed. New robes were introduced on 8.1.2003. The new Gown is basically of black colour with emblem of the Lahore High Court, Lahore, embroidered in gold on both shoulders and its margins laced with scarlet material.

3.                  Flag hoisting.

Flag of the Lahore High Court was hoisted side by side the National Flag on the building of the Lahore High Court by the Hon’ble Chief Justice on 8.3.2003. The ceremony was attended by the Hon’ble Judges and the staff of the Lahore High Court.

4.                  Improvement/renovation of existing courtyard of Old Wing of Lahore High Court, Lahore.

Addition/alteration and improvement/renovation of existing courtyard of old wing of Lahore High Court, was made at a cost of Rs. 3,55,000/- with the following provisions:-

i)                    Construction of path, walk way under the shed and in lawn up to road with tuff tiles pavers in grey and red colour.

ii)                   Plain cement concrete kerb stone in red pigment laid around the path, walk way.

iii)                 Litigant shed constructed/provided with fiber glass 3 mm thick shed over of M.S. tubler pipe 1-1/2x1-1/2” and for sports 3” dia M.S. pipe fixed.

iv)                 Seats/benches provided for litigant with frame of cast iron ornamental designed heavy type and sheshum wood strips/planks.

v)                  Electric ceiling lights bracket fans provided under the shed along with electric wiring and control panel board.

5.                  New Conference Hall for the Hon’ble Judges.

Previously, the Hon’ble Judges used to hold meetings and sit during interval in the basement of the library. Court Room No.2, adjacent to the court of the Hon’ble Chief Justice, has now been converted for use as a Conference Hall. This is in fact a restoration of the original plan of the High Court Building, wherein, the said space was originally the Central Hall of the High Court. The inauguration ceremony of the Conference Hall was held on 8.9.2003.

6.                  Ejectment of illegal/unauthorized occupants from the land of High Court situate at 15-Fane Road, Lahore.

Evacuee Trust land measuring 15 kanals 6 marlas 139 Sft was purchased during the year 1995 at a cost of Rs. 36.794 Million to meet with the present and future requirements of the High Court. At the time of transfer, various illegal/un-authorized occupants including advocates were holding possession of the land. It took about 8 years for getting the land vacated but the efforts did not materialize. Finally, the Hon’ble Chief Justice took steps to get the land vacated from the encroachers/illegal occupants. The place has been designated as Justice Iftikhar Chaudhry Complex. The drawings of the scheme for construction of a multi storeyed building for housing the offices of the Lahore High Court are under preparation.

7.                  Visits of foreign delegations.

The following foreign delegations visited the Hon’ble Chief Justice and Judges during the year under review:-

SANCTIONED STRENGTH OF JUDGES

OF THE LAHORE HIGH COURT

ESTABLISHMENT OF THE LAHORE HIGH COURT

SUBORDINATE JUDICIARY AND STAFF OF LOWER COURTS

OFFICERS OF LAHORE HIGH COURT