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High Court of SindhAnnual Report 2002

c©2003 National Judicial (Policy Making) CommitteeThis Annual Report is published by the Secretariat of the

Law and Justice Commission of Pakistan

This report can be viewed at the Law and Justice Commission of Pakistan website http://www.ljcp.com.pk. Comments and sugges-

tions may be sent to the Secretariat of the Law and Justice Commission of Pakistan, Supreme Court Building, Islamabad.

Contents

1 FOREWORD BY THE CHIEF JUSTICE 1

2 INTRODUCTION 32.1 History of the High Court of Sindh . . . . . . . . . . . . . . . . . . . . . . . . . . . 32.2 The High Court of Sindh at Present . . . . . . . . . . . . . . . . . . . . . . . . . . . 42.3 The Principal Seat of the High Court and Court Buildings . . . . . . . . . . . . . . 42.4 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.4.1 Original Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.4.2 Appellate Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.4.3 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.4.4 Other Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Civil. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Criminal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Special Courts and Tribunals. . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.5 List of Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62.6 Bio Data of Mr. Justice Saiyed Saeed Ashhad, Chief Justice High Court of Sindh . . 82.7 Judges of the High Court of Sindh . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

3 SIGNIFICANT JUDGEMENTS OF THE COURT 233.1 Shehri & Others v. Province of Sindh & others (SBLR 2002 Sindh 710) . . . . . . . 233.2 Riaz-ur-Rehman Khan v. Lufthansa German Airlines, Quaid-e-Azam International

Airport, Karachi (PLD 2002 Karachi 434) . . . . . . . . . . . . . . . . . . . . . . . 283.3 Associated Biscuits International Limited v. English Biscuits Manufacturers (Pvt.)

Ltd. (EBM) & Others (2003 CLD 815) . . . . . . . . . . . . . . . . . . . . . . . . . 37

4 THE HIGH COURT OF SINDH—JUDICIAL ACTIVITY 554.1 Consolidated Statistics for the High Court of Sindh . . . . . . . . . . . . . . . . . . 55

4.1.1 Consolidated Statement for the High Court of Sindh from 1996 to 2002 show-ing Institution, Disposal and Pending Balance of Cases . . . . . . . . . . . . 55

4.1.2 Consolidated Statements showing the institution, disposal and balance beforeHigh Court of Sindh, Principal Seat at Karachi, its Bench at Sukkur andCircuit Courts at Hyderabad and Larkana from 01-01-2002 to 31-12-2002 . . 56

4.2 Statistics for the High Court of Sindh Principal Seat at Karachi . . . . . . . . . . . 574.2.1 Year-wise Pendency of Cases for the High Court of Sindh Principal Seat at

Karachi as on 31-12-2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574.2.2 Category-wise Institution, Disposal and Balance of Pending Cases for the

Principal Seat at Karachi as on 31-12-2002 . . . . . . . . . . . . . . . . . . . 584.3 Statistics for the High Court of Sindh Sukkur Bench at Sukkur . . . . . . . . . . . . 61

4.3.1 Year-wise Pendency of Cases for the High Court of Sindh Sukkur Bench atSukkur as on 31-12-2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

4.3.2 Category-wise Institution, Disposal and Pending Balance for the High Courtof Sindh Bench at Sukkur From 01-01-2002 to 31-12-2002 . . . . . . . . . . . 62

4.4 Statistics for the High Court of Sindh Circuit Court at Hyderabad . . . . . . . . . . 644.4.1 Year-wise Pendency of Cases for the High Court of Sindh Circuit Court Hy-

derabad as on 31-12-2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

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4.4.2 Category-wise Institution, Disposal and Balance for the High Court of SindhCircuit Court Hyderabad From 01-01-2002 to 31-12-2002 . . . . . . . . . . . 65

4.5 Statistics for the High Court of Sindh Circuit Court at Larkana . . . . . . . . . . . 674.5.1 Year-wise Pendency of Cases for the High Court of Sindh Circuit Court

Larkana as on 31-12-2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 674.5.2 Category-wise Institution, Disposal and Balance of Cases for the High Court

of Sindh Circuit Court Larkana From 01-01-2002 to 31-12-2002 . . . . . . . . 68

5 THE SUBORDINATE JUDICIARY OF SINDH—JUDICIAL ACTIVITY 735.1 Consolidated Statistics for the Subordinate Judiciary of the Province of Sindh . . . 73

5.1.1 Consolidated Statements Showing the District-wise Institution, Disposal andBalance of Pending Cases for the Subordinate Judiciary of the Province ofSindh from 01-01-2002 to 31-12-2002 . . . . . . . . . . . . . . . . . . . . . . 73

5.1.2 Consolidated Statement Showing the Category-wise Institution, Disposal andBalance of Pending Civil and Family Cases for the Sessions Courts in SindhFrom 01-1-2002 TO 31-12-2002 . . . . . . . . . . . . . . . . . . . . . . . . . 75

5.1.3 Consolidated Statement Showing the Category-wise Institution, Disposal andBalance of Pending Civil and Family Cases for the Courts of Civil Judges andJudicial Magistrates in Sindh From 01-01-2002 TO 31-12-2002 . . . . . . . . 78

5.1.4 Criminal Cases Pending Before the District & Subordinate Courts Accordingto Age of Cases—Instituted Prior to 1985 . . . . . . . . . . . . . . . . . . . 81

5.1.5 Criminal Cases Pending Before the District & Subordinate Courts Accordingto Age of Cases—Instituted After 1984 . . . . . . . . . . . . . . . . . . . . . 83

5.1.6 Pending Balances According to Districts Including Small Causes Court . . . 855.2 Statistics for the Subordinate Judiciary of the Province of Sindh for the Period 01-

01-2002 to 31-12-03—Districts and Small Causes Court . . . . . . . . . . . . . . . . 86

6 MANAGEMENT AND ADMINISTRATION 976.1 List of Officers of High Court of Sindh at Karachi . . . . . . . . . . . . . . . . . . . 976.2 Branches with their work: Administrative Offices of High Court . . . . . . . . . . . 98

6.2.1 Brief Introduction of the Offices of High Court . . . . . . . . . . . . . . . . . 986.3 The Registrar and Members of the Inspection Team . . . . . . . . . . . . . . . . . . 996.4 Complaints Against Judicial Officers and Action Taken . . . . . . . . . . . . . . . . 1006.5 Organisational Charts for the High Court of Sindh and the Subordinate Judiciary . 1016.6 Organisational Charts of Typical Sessions Divisions and Small Causes Courts . . . . 106

6.6.1 Organisational Chart of a Typical Sessions Division . . . . . . . . . . . . . . 1066.6.2 Organisational Chart of a Typical Sessions Division—Small Causes Court . . 1066.6.3 Organisational Chart of a Typical Sessions Division—Karachi South . . . . . 1076.6.4 Organisational Chart of a Typical Sessions Division Small–Karachi West . . 1076.6.5 Organisational Chart of a Typical Sessions Division—Karachi East . . . . . 1086.6.6 Organisational Chart of a Typical Sessions Division Small–Karachi Central . 1086.6.7 Organisational Chart of a Typical Sessions Division—Malir . . . . . . . . . . 1096.6.8 Organisational Chart of a Typical Sessions Division—Thatta . . . . . . . . . 1096.6.9 Organisational Chart of a Typical Sessions Division—Hyderabad . . . . . . . 1106.6.10 Organisational Chart of a Typical Sessions Division—Badin . . . . . . . . . 1106.6.11 Organisational Chart of a Typical Sessions Division—Dadu . . . . . . . . . . 1116.6.12 Organisational Chart of a Typical Sessions Division—Mithi . . . . . . . . . . 1116.6.13 Organisational Chart of a Typical Sessions Division—Mirpurkhas . . . . . . 112

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6.6.14 Organisational Chart of a Typical Sessions Division—Sanghar . . . . . . . . 1126.6.15 Organisational Chart of a Typical Sessions Division—Naushero Feroze . . . . 1136.6.16 Organisational Chart of a Typical Sessions Division—Nawabshah . . . . . . 1136.6.17 Organisational Chart of a Typical Sessions Division—Sukkur . . . . . . . . . 1146.6.18 Organisational Chart of a Typical Sessions Division—Khairpur . . . . . . . . 1146.6.19 Organisational Chart of a Typical Sessions Division—Ghotki . . . . . . . . . 1156.6.20 Organisational Chart of a Typical Sessions Division—Larkana . . . . . . . . 1156.6.21 Organisational Chart of a Typical Sessions Division—Shikarpur . . . . . . . 1166.6.22 Organisational Chart of a Typical Sessions Division—Jacobabad . . . . . . . 116

6.7 Establishment strength of High Court (vacancy-wise sanctioned and actual strength) 1176.8 Establishment strength of Sessions Divisions (vacancy-wise sanctioned and actual

strength for each Sessions Division) . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

7 COURT BUDGETS 1237.1 Annual Budget of the High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1237.2 Budget of the Sessions Division (Collective and for each Sessions Division) . . . . . 125

8 SUBORDINATE COURTS—SANCTIONED STRENGTH 1358.1 Number of Subordinate Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1358.2 Number of Judicial Officers of Subordinate Courts . . . . . . . . . . . . . . . . . . . 136

9 HIGH COURT OF SINDH LIBRARY 1399.1 Library Branch of High Court of Sindh . . . . . . . . . . . . . . . . . . . . . . . . . 1399.2 Library Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139

10 HIGH COURT OF SINDH AUTOMATION PLAN 139

11 SINDH MEDIATION CENTRE 145

12 SINDH JUDICIAL ACADEMY 15112.1 Functions of the Academy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15112.2 Teachers/Professors in the Academy . . . . . . . . . . . . . . . . . . . . . . . . . . 15112.3 The Trainees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15112.4 Method of Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

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1 FOREWORD

(In the name of Allah, Most Beneficent, Most Merciful)

It is the matter of great pleasure for me that the Annual Report of the High Court of Sindh andthe Subordinate Judiciary for the year 2002, is being published. It is the revival of a practice thatwas discontinued long ago for no obvious reasons. This report contains, the performance of theHigh Court of Sindh, its Principal Seat at Karachi, the Circuit Bench at Sukkur and the CircuitCourts at Hyderabad and Larkana as well as the performance of the Subordinate Judiciary. Theperformance of these Courts is reflected in the various forms and proformas included in the Reportalong with the analysis of the data presented in graphical form. Besides the figure of cases as topendency, institution and disposal during the year 2002, the Report also contains history of HighCourt of Sindh as well as a brief introduction to the present day High Court.

In the year 2002, the High Court disposed of 56,384 cases as against 58,927 cases in the year2001, that is, 2,543 less. The institution in the year 2002 decreased by 15,518 as in the year 2001,69,994 cases were instituted whereas in the year 2002, institution, of cases was 54,476. These figuresinclude miscellaneous applications as well.

The Subordinate Judiciary, during the year 2002, disposed of 1,55,358 cases as against, 1,12,634cases in 2001, showing an increase of 42,724 in the disposal of cases. A team of Asian DevelopmentBank appreciated, highly, the efforts of the Subordinate Judiciary. The total institution of all mattersin the Subordinate Courts was 1,34,280 in 2001, which increased to 1,51,778 in 2002, an increase of17,498 cases.

These results have been achieved despite the fact that both the High Court and the SubordinateJudiciary were not working at their full strength during the period under review. The workload of theSubordinate Judiciary has increased by the assignment of jurisdiction relating to First Rent Appealsto the District Judges and by the enhancement of the pecuniary jurisdiction of the SubordinateCourts.

Despite the above difficulties and hardships, efforts were made to clear the backlog, and theexpeditious disposal of cases remained the first priority of this Court. Different strategies wereworked out and put into action to bring about an overall improvement in the system. Priority wasgiven to the cases involving terrorism and heinous offences, family cases, cases of orphans, women,and widows. We still have to strive to formulate newer and more imaginative strategies and to takeappropriate measures for coping with the ever-increasing flow of litigation through the clearance ofthe backlog and the expeditious disposal of normal cases.

During the entire year, as the Chief Justice High Court of Sindh, I endeavoured to improvethe performance of High court and the Subordinate Courts. It was not a lone effort. Indeed, I amlucky to have a team of competent, dedicated and hard working Judges and officials. I receivedfull support from my brother Judges in running the affairs of the Court and from the learnedmembers of the Bar in the expeditious disposal of cases. Cooperation from brother Judges, the Bar,the Subordinate Judiciary and the officials of the High Court of Sindh is absolutely essential for

High Court of Sindh Annual Report 2002: 1

removal of the backlog, for the expeditious disposal of cases as well as for combating corruption. Ireceived full support from all of them in overcoming most of the problems.

In the end, I hope that in the days to come all of them will continue to perform their respectivefunctions and duties with zeal, commitment, diligence, honesty and dedication enabling me to facethe challenges of the future.

Saiyed Saeed Ashhad,Chief Justice,

High Court of Sindh

2 High Court of Sindh Annual Report 2002

2 INTRODUCTION

2.1 History of the High Court of Sindh

A Sadar Court for the province of Sindh was established by Bombay Act (XII of 1866). This SadarCourt was the highest Court of appeal for Sindh in civil and criminal matters and was presided overby a judge called the “Judicial Commissioner of Sindh.” In 1906, the Bombay Act (XII of 1866) wasamended by the Sindh Courts Amending Act (Bom. I of 1906) and the Sadar Court was convertedinto the Court of the Judicial Commissioner of Sindh consisting of three or more Judges. Apartfrom being the highest Court of Appeal for Sindh in civil and criminal matters, the Court was theDistrict Court and the Court of Session in Karachi. On 21st August, 1926 the Sindh Courts Act(Bom. VII of 1926) was passed providing for the establishment of a Chief Court for the Province ofSindh.

On the coming into operation of Part III of the Government of India Act, 1935, on 1st April,1937, Sindh became a separate Province and the Judges of the Court of Judicial Commissioner ofSindh were appointed by Royal Warrant by the British Government.

The construction of the existing main building commenced in 1923, at an estimated cost of Rs.39,75,248 but it was completed on 22-11-1929, at the actual cost of Rs. 30,35,000. This buildingwhich was meant for 5 Judges, but with some provision for expansion in 1929, it now accommodatesCourt Rooms of 24 Benches and Judges in Chambers.

In 1907, the Court consisted of a Judicial Commissioner, and three Additional Judicial Com-missioners, however, in 1935 the number of Additional Judicial Commissioners was increased from3 to 4. In that year the following were the Judges of the Court:

• Judicial Commissioners of Sindh

1. V.M. Forrers, Esq., I.C.S. (Retired, May 1935).2. Godfrey Davis, Esq., I.C.S. (From June, 1935)

• Additional Judicial Commissioners of Sindh

1. Rupchand Bilaram, Esq., B.A., LL.B.2. Dadiva C. Metha, Esq., M.A., LL.B.3. M.A. Havelivala, Esq., Bar-at-Law.4. Charles M. Lobo, Esq., B.A., LL.B. (Officiating).

In 1937, the Judicial Commissioners, by the Order in Council, were designated as the Judges.Significantly, for the first time in 1938, a Muslim namely, Mr. Hatim B. Tyabji, Bar-at-Law wasappointed as the Acting Judge of the Court.

As the Sindh Courts Act, 1926 followed closely the lines of the Letters Patent of the BombayHigh Court, it was felt that the immediate need of the Province could be satisfied by bringing thatAct into operation thereby raising the status of the Court to that of the Chief Court of Sindh.Ultimately, the Government of India Act, 1935, was suitably amended by Parliament and on 15thApril, 1940 the Sindh Courts Act, 1926, was brought into operation whereby the Court of theJudicial Commissioner of Sindh became on that day the Chief Court of Sindh.

On the passing of the Establishment of West Pakistan Act, 1955, on 3-10-1955, besides theterritories of the three other Provinces, the territories of the Province were integrated into theProvince of West Pakistan and a High Court for the Province of West Pakistan replaced the ChiefCourt of Sindh, other High Courts, and Judicial Commissioner’s Court of North-West Frontier


Province. However, for the Provinces of Sindh and Balochistan, one High Court with its PrincipalSeat at Karachi was established. Ultimately, in the year 1976, by the President’s Order 6 of 1976,the High Courts of Sindh and Balochistan were separated and two separate High Courts for thetwo Provinces were established.

In 1947, Mr. Hatim B. Tyabji became the Chief Judge of Sindh Chief Court when the Courtconsisted of the following Judges:

1. The Hon’ble Mr. Dennis Nail O’Sullivan, Bar-at-Law.

2. The Hon’ble Mr. T. V. Thadani, Bar-at-Law.

3. The Hon’ble Mr. George Baxandell Constantine, B.A.(Oxon), I.C.S., Bar-at-Law.

4. The Hon’ble Mr. Hassanali G. Agha, B.A. LL.B.

5. The Hon’ble Mr. Maneksha Rustomji Mehar, I.C.S. (Officiating).

At the time of establishment of the High Court of West Pakistan the number of the Judges ofthe Karachi Bench was almost the same but subsequently it was increased to 15 and on separationof Sindh and Balochistan High Courts, 12 Judges were allocated to the Sindh High Court and 3Judges to Balochistan High Court. The present approved strength of Judges is 28. However, thenumber of Judges appointed is 27.

2.2 The High Court of Sindh at Present

The High Court of Sindh consists of a Chief Justice and 27 other Judges. A Judge of the High Courtis appointed by the President after consultation with the Chief Justice of Pakistan, the Governorof the Province and the Chief Justice of the High Court in which appointment is to be made. Noperson is appointed as a Judge of the High Court unless he is a citizen of Pakistan having attainedthe age of forty years and who has been an advocate of the High Court or has held a judicialoffice for ten years, and has for a period of not less than three years served as or exercised thefunctions of a District Judge in Pakistan. A Judge of a High Court holds office until he attains theage of sixty-five years, unless he sooner resigns or is removed from office in accordance with theConstitution.

2.3 The Principal Seat of the High Court and Court Buildings

The principal Seat of the High Court of Sindh is at Karachi with a Bench at Sukkur, and CircuitCourts at Hyderabad and Larkana.

In 1974, An Annexe Building on the North-West side of the compound (known as the Old An-nexe) of the High Court was constructed at a cost of Rs. 4.4 million, but it did not ease the situationmuch, for it is accommodating the offices of this Court and also provides office accommodation toStanding Counsel, Official Assignee, Registry of the Federal Shariat Court, Sindh Bar Council,and Member Inspection Team as well as to Offices of the Advocate General, Additional AdvocateGeneral, and Assistant Advocate Generals of Sindh.

In 1992, another Annexe building (known as the New Annexe) was constructed on the South-East Side, in the compound of the High Court premises. This building accommodates Court Roomsfor the Benches and Chambers for the Judges. Besides, the offices of Additional Registrars (O.S. I)and (O.S. II), the Judicial branches of D-I, D-II, Execution and Development are also situated inthis building.


2.4 Jurisdiction

2.4.1 Original Jurisdiction

A High Court, under the Constitution, has original jurisdiction to make an order:—

(i) directing a person within the territorial jurisdiction of the Court to refrain from doing anythinghe is not permitted to do by law or to do anything he is required to do by law;

(ii) declaring that any act done by a person without lawful authority is of no legal effect;

(iii) directing that a person in custody be brought before it, so that the Court may satisfy itselfthat he is not being held unlawfully;

(iv) giving such directions to any person or authority, for the enforcement of any of the fundamentalrights conferred by the Constitution.

Besides the original jurisdiction conferred by or under various laws, a High Court has the powerto withdraw any civil or criminal case from a trial Court and try it itself.

2.4.2 Appellate Jurisdiction

A High Court has appellate jurisdiction against the judgements, decisions, decrees and sentencespassed by the civil and criminal Courts.

2.4.3 General

A High Court has the power to make rules regulating its practice and procedure and of Courtssubordinate to it. The High Court supervises and controls all Courts subordinate to it and anydecision of a High Court is binding on all Courts subordinate to it.

2.4.4 Other Courts

Civil. In every district of a Province, there is a Court of the District Judge, which is the principalCourt of original jurisdiction in civil matters. Added to this is the Court of Additional DistrictJudge. Besides the Court of District Judge, there are Courts of Senior Civil Judges and Civil Judgeswho work under the supervision and control of the District Judge, and all matters of civil natureoriginate in the Courts of these Judges. The District Judge may, however, transfer any matter fromany Additional District Judge, Senior Civil Judge and Civil Judge. Appeals against the judgementsand decrees passed by the Civil Judges, in cases where the value of the suit does not exceed thespecified amount, lie to the District Judge.

Criminal. In every district, there is a Court of the Sessions Judge and Courts of Magistrates.Criminal cases punishable with death and imprisonment for life as well as cases arising out ofthe enforcement of laws relating to Hudood are tried by the Sessions Judges. However, offencesnot punishable with death are tried by the Assistant Sessions Judges and Magistrates. An appealagainst the sentence passed by a Sessions Judge lies to the High Court and against the sentencepassed by an Assistant Sessions Judge and a Judicial Magistrate to the Sessions Judge, if the termof sentence is up to seven years.


Special Courts and Tribunals. To deal with specific types of cases, Special Courts and Tri-bunals are constituted. These are: Special Courts for Trial of Offences in Banks; Special Courts forRecovery of Bank Loans; Special Courts under the Customs Act; Courts of Special Judges Anti-Corruption; Drug Courts; Labour Courts; Insurance Appellate Tribunal; Income Tax AppellateTribunal and Services Tribunals. Appeals from the Special Courts lie to the High Courts, except incase of Labour Courts and Special Traffic Courts, which have separate forums of appeal.

2.5 List of Judges

Sr. Name and Adresses of the Tel. Ext. Off/Res.No. Chief Justice and Judges Nos. Tel. Nos.1 THE CHIEF JUSTICE, 215 9203223

MR. JUSTICE SAIYED SAEED ASHHAD, 9203136A-3, Galaxy Apartment, G-17, Block-8,Chaudhry Khaliquzzman Road, Clifton, Karachi.Bungalow No. 7B-1 / I, Central Lane,Phase-II, DHA, Karachi. 5389526-7-8

2 MR. JUSTICE SABIHUDDIN AHMED, 222 5847582Bungalow No.44/II, 13th St.Off Khayaban-e-Mujahid, Phase-V,D.H.A Karachi. 5854358

3 MR.JUSTICE MOHAMMAD ROSHAN ESSANI, 220 5838863Bangalow No. 29/I, 23rd Street,Phase-V, Khy-e-Tanzeem, D.H.A., Karachi. 9250443

4 MR. JUSTICE S.AHMED SARWANA, 242 9250615Bangalow No. 15/2, 17th Street,Phase-V, Main Khyaban-e-Tauheed, D.H.A. Karachi.

5 MR. JUSTICE ZAHID KURBAN ALVI, 231 921523565- Hussaini Manzil, Chestnut Street.Garden East, Karachi. 7216919

6 MR.JUSTICE GHULAM NABI SOOMRO, 219 9250442C-1/4 Muhammad Ali Bogra Road,Gulshan-e-Faisal, Bath Island, Karachi.

7 MR. JUSTICE SHABBIR AHMED, 221 6378057-8C-314, Block-6, F.B.Area, Karachi.

8 MR.JUSTICE ATA-UR-RAHMAN, 244 5381223-444-B-1 Phase II, D.H.A., National Highway, KARACHI. 5381238

9 MR. JUSTICE GHULAM RABBANI, 218 7217169C/o Mr. Ghulam Subhani Qureshi, G-5 Officers Colonyopp. Police Head Quarters, South Karachi.

10 MR.JUSTICE SARMAD JALAL OSMANY, 229 5846615Bungalow No.6, Khayaban-e-Qasim, 5340332Phase-VIII, D.H.A., Karachi.

11 MR.JUSTICE ANWAR ZAHEER JAMALI, 224 5340147M-30/I, Khayaban-e-Ittehad, Phase-VII, D.H.A., Karachi. 5340156

12 MR. JUSTICE M. ASHRAF LAGHARI, 227 9250624Bungalow No.18/B, Street 11-A, Bath Island, Karachi. 651096

13 MR. JUSTICE WAHID BUX BROHI, 217 92506001-B/2, Cornish Residence, Block-2,Scheme-5, Clifton, Karachi.

14 MR. JUSTICE MUSHIR ALAM 223 722947656 Depot Line, Soldier Bazar, Karachi 7218983

Continued. . . .


Sr. Name and Adresses of the Tel. Ext. Off/Res.No. Chief Justice and Judges Nos. Tel. Nos.15 MR.JUSTICE S.ALI ASLAM JAFRI, 239 5863446

High Court B.No.5, Bath Island, Karachi.16 MR. JUSTICE MUHAMMAD MUJEEBULLAH SIDDIQUI, 225 6904002

C-116, sector 11-B, North, Karachi. 699152917 MR.JUSTICE SYED ZAWWAR HUSSAIN JAFFERY, 230 4973768

B-234, Block-5 Gulshan-e-Iqbal, Karachi.18 MR.JUSTICE MOHAMMAD MOOSA K.LEGHARI 226 5820091

Flat No.G-3, Perdesi Sky Land, Street No. 6,Gulshan-e-Faisal, Bath Island, Karachi.

19 MR.JUSTICE ZIA PERWEZ 233 77821031004/803 , Sea Breez Plaza, Shahra-e-Faisal, Karachi. 7782303

20 MR.JUSTICE MOHAMMAD AFZAL SOOMRO 228 443436High Court Banglow No. 3, Feroze Nana Rd., 9250647Bath Island, Clifton, Karachi

21 MR.JUSTICE REHMAT HUSSAIN JAFERY 296 583309181/D, Bath Island Kahkashan 7, Clifton, Karachi. 9250185

22 MR.JUSTICE AZIZULLAH M. MEMON 211 5832605Flat No.108, Mehmoodabad Flats, Fran Rose Road,Bath Island, Clifton, Karachi. 9250999

23 MR.JUSTICE M. SADIQ LEGHARI 232 587838818/B, G.O.R., Bath Island, Clifton, Karachi.

24 MR.JUSTICE KHILJI ARIF HUSSAIN 213 53827138-B, Phase-I, Main Korangi, Defence RoadBehind Caltex Petrol Pump, D.H.A, Karachi.

25 MR.JUSTICE AMIR HANI MUSLIM 236 5656857-58BG-02, 12-CL-8, Pursa Heaven,Civil Lane Quarters, Karachi.

26 MR.JUSTICE GULZAR AHMED 238 580210052A, 1/1, 3rd Sunset Street, Phase-II Ext.,Defence Housing Authority, Karachi.

27 MR.JUSTICE MAQBOOL BAQAR 243 431239171 N., Block-2, P.E.C.H.S, Karachi.

This list includes the names of Judges who were elevated to the High Court during the year 2003.The same is true of the bio-data of the Judges presented later.


2.6 Bio Data of Mr. Justice Saiyed Saeed Ashhad, Chief Justice HighCourt of Sindh

• Born on 8-10-1943 at Lucknow, India;

• completed education in 1963 obtaining LL.B. degree from S.M. Law College,Karachi;

• joined the Bar as a pleader in September, 1963;

• enrolled as an Advocate of the High Court in November, 1966;

• practised at the Bar till January, 1975; during this period, conducted caseson behalf of Habib Bank Limited, Standard Bank Limited, United Bank Lim-ited, Pakistan Atomic Energy Commission, National Shipping Corporationand Pan-Islamic Steamship Limited and also cases on behalf of the State;

• acted as Assistant Prosecutor and Assistant Government pleader;

• was appointed as District and Sessions Judge in January, 1975 at Khairpur;

• as District and Sessions Judge in February, 1981;

• as District Judge held various assignments, such as, Presiding Officer, LabourTribunal, Joint Secretary/Draftsman, Law Department, Government of Sindh;Judge Customs, Taxation and Anti-Smuggling; Chairman, Appellate Tribunal,Chairman, Drugs Court; Judicial Member, Tax Appellate Tribunal besidesworking as District and Sessions Judge, Shikarpur, Sukkur and Karachi;

• elevated to the Bench of Sindh on 11-1-1997; appointed as Chief Justice andtook oath of office on 28-4-2000.


Chief Justice High Court of Sindh

2.7 Judges of the High Court of Sindh

Mr. Justice Sabihuddin Ahmad

Born in 1949 at Hyderabad; M.A. Punjab University 1969; LL.B. fromKarachi University; participated in inter-collegiate debates; edited collagemagazine at Government Degree College Sukkur, Government CollegeLahore and S.M. Law College Karachi; entered legal profession in 1972;practised at the bar for 23 years and appeared before the Supreme Courtin important civil and constitutional matters; founder member of the Hu-man Rights Commission of Pakistan and its Vice President (1987–1990);participated in several International Conferences on Human Rights andallied issues; contributed several articles to newspapers and periodicals onconstitutional Human Rights Issues; elevated to the bench of the SindhHigh Court on 11.1.1997; participated in several International Judicial Conferences; elected memberof the International Advisory Council of the International Centre for Promotion of Human Rights(Interights) and steering committee of the South Asia Forum legal education on gender issues; mem-ber of Board of Trustees of Aga Khan Foundation and Board of Governors, Hamdard University;Senior Puisne Judge of the High Court of Sindh since 28-4-2000.

Mr. Justice Mohammad Roshan EssaniBorn on 05-08-1941 at Tando Muhammad Khan (Hyderabad, Sindh);B.A from University of Sindh in 1967; Diploma in Public Administra-tion from University of Sindh in 1967; L.L.B. from University of Sindhin 1969; enrolled as Advocate of Subordinate Courts on 06 March 1971,Advocate of High Court 21 April 1975, and Advocate of Supreme Court1991; Assistant Public Prosecutor from 7.11.1972; Government PleaderDistrict Tharparkar 14.3.1988; on the Panel of Advocate General Sindhfrom 27.4.1995 till elevation to Bench; Deputy Attorney General of Pak-istan from 5.11.1995 to 11.11.1996; Joint Secretary Tharparkar DistrictBar Association for the Year 1972; General Secretary Tharparkar Dis-trict Bar Association for the Year 1981; member Executive Committee

Tharparkar District Bar Association for many years; member Managing Committee TharparkarDistrict Cultural Association for the Years 1975 to 1981; member Executive Committee TharparkarDistrict Tuberculosis Association for the years 1976 to 1981; member Sindh Bar Council from 1995till elevation to Bench; member Building Committee Sindh Bar Council till elevation to Bench;member Examination Committee Sindh Bar Council; elevated as Judge High Court of Sindh on27.10.1997; member Syndicate/Senate Mehran University of Engineering and Technology JamshoroSindh from 24.4.1998; member Board of Governors Indus Valley School of Art and ArchitectureKarachi from 4.5.1999; Chairman Provincial Election Authority Sindh from 19.6.2000 to 26.4.2002;Acting Chief Justice High Court of Sindh 2.3.2001 to 19.3.2001; Acting Chief Justice High Courtof Sindh 25.7.2002 to 2.8.2002; Judge Election Tribunal for disposal of appeals 2002 against thedecisions of Returning Officer for Elections of National Assembly and Provincial Assembly Sindh;Judge Election Tribunal for disposal of appeals 2002 against the decisions of Returning Officer forBye Elections of National and Provincial Assembly Sindh; attended Provincial Judicial ConferenceSindh 2002 at Karachi.


Mr. Justice S. Ahmed SarwanaBorn at Delhi; educated at Government College Lahore, Sindh MuslimCollege; passed his B.A. (1961) and LL.B. (1963) from the Universityof Karachi; LL.M. Degree, University of Pennsylvania in 1967; awardedFrench Government Scholarship for International Law in 1962, Yale LawSchool Fellowship in 1964, and University of Pennsylvania Law SchoolGraduate Fellowship 1964-65; selected as US Fulbright Scholar 1964 to1967; attended Hague Academy of International Law External Seminarin Tehran in October 1970 and Salzburg Seminar in July 1989; workedas Intern with the United Nations Legal Department, New York, Augustand September 1965, as Research Assistant with American Law Institutefrom November 1965 to February 1966, and as a Research Associate withMorgan Lewis & Bockius, Philadelphia from March 1966 to June 1967; admitted as Pleader by theHigh Court of West Pakistan, Karachi Bench 1963; enrolled as Advocate of the Supreme Court ofPakistan in 1973, became Senior Advocate in 1994; elected Member of Executive Committee (1974to 75), Joint Secretary (1977 to 78), Honorary Secretary (1979-80) and Vice President (1986 to 1987)of the Sindh High Court Bar Association, Karachi and Vice President of the Supreme Court BarAssociation (1993-95); also elected Chairman, Pakistan Intellectual Property Rights Association(1979-1997); taught at various institutions; Acting Principal, Islamia Law College May to October1975; member of the Faculty at the WIPO Intellectual Property Law Seminar, Colombo in July1991; contributed numerous articles to, and worked as correspondent for, international periodicals;member, Executive Committee, Pakistan Institute of International Affairs (1975-80); Chairman,Board of Directors, Pakistan American Cultural Center 1973, 1976, 1978, 1982 and 1986; partici-pated in several International Judicial/Law Conferences; practised at the bar for 34 years before theHigh Court and the Supreme Court in constitutional, civil and commercial law matters; elevated tothe Bench of High Court of Sindh on 28.10.1997; appointed Member, Rule Committee, High Courtof Sindh on 26 May 1996 and President on 21 February 2000; member, Steering Committee, Accessto Justice Program for the Province of Sindh; Chairman, I.T. Committee 2 July 2002; associatedas Member, Executive Committee, College of Business Management since 13.6.1998 and Chairman,Board of Governors, Institute of Business Administration, Karachi since 21.6.2000.

Mr. Justice Zahid Kurban AlaviBorn on 21st August, 1941 at Karachi; B.A., LL.B. & M.A. (InternationalRelations) University of Sindh; founder of Junior Chamber of CommerceInternational in Pakistan; member Social Services Co-ordinating Council;President, Pakistan American Cultural Centre and Member of the Boardsince 15 years; member, Human Rights Commission of Pakistan; KarachiBar Association; member Sindh High Court Bar Association; member,Karachi Co-operative Lawyers Society; member, Pak China FriendshipSociety; founder member SAARC LAW and Vice President SAARC LAWPakistan, Karachi Chapter; founder, Law College Law Conference Com-mittee; member, Special Committee set up to investigate laws for children

by Govt. of Sindh; Trustee of 14 Trusts primarily meant for education; Member Board of Governors,Greenwich University; attended seminars on numerous topics in Karachi, Pakistan and interna-tionally (on laws for young children and the handicapped and soak pits; taught the blind; givenrecognition awards in St. Louis, Mo. USA, by US Jaycees, by UNICEF in Calcutta, India, by JCIInternational in St. Louis, in Manila, in Sweden, by Pakistan Jaycees, by Karachi Jaycees, by RotaryInternational, by Dist. Governors 327, by Club President of the Singapore Jaycees and by Penang


Jaycees, Gold Star Award given to firm of Zahid and Tariq; only Pakistani to be interviewed byClub of Rome on “Young Leaders of the World”; recognised by European Community for 20 yearsof Service for the handicapped; mentioned in who’s who in Pakistan in the year 2001; started LawPractice after graduating in Law in June, 1966.

Mr. Justice Ghulam Nabi SoomroBorn on April 27,1942 (note the date 27th in the following); enrolled asAdvocate on September 10, 1970; passed B.Sc., LL.B. and M.A. in Polit-ical Science in 1964, 1967 and 1969 respectively from Karachi University;joined the firm of Khalid, Rauf, Zahid and Nizam Advocates; moved toDadu Town to practice as an Advocate; remained Assistant Public Pros-ecutor and Assistant Government Pleader from 1973-1979; President ofDistrict Bar Association, Dadu for three terms; elected Member of SindhBar Council from Dadu District for five years (1979-1984); enrolled asAdvocate of High Court of Sindh in 1980; became Additional AdvocateGeneral of Sindh on 27th March 1997; was elevated to the Bench of HighCourt of Sindh on May 27, 1998; was confirmed on May 27, 1999; elected Vice Chairman of Pa-tients Welfare Society, Civil Hospital and Chairman of District Anti-T.B. Association, running acharitable hospital in Dadu; presently, he is Chairman of Service Tribunal for the Sub-ordinateJudiciary.

Mr. Justice Shabbir AhmedBorn in 1942, in Allahabad; obtained B.A. (1961) and LL.B (1963) fromUniversity of Allahabad; enrolled as Advocate High Court on 12th August1964; practised civil law in Allahabad High Court upto 1967; migrated toPakistan in June, 1967; practised in Karachi upto 1973; remained affiliatedwith Mansoorul Arfin & Co. Advocates; joined Sindh Subordinate Judi-ciary as Senior Civil Judge on 26.3.1974; served at Sanghar (1974-1975)and Hyderabad (1975-1978) Districts; promoted as Additional District &Sessions Judge in November, 1978; served in Sukkur (1978-1980), Larkana(1980-1983) and Nawabshah (1983-1985); promoted as District SessionsJudge on 19th February 1985; served as Member Inspection Team, HighCourt, District & Sessions Judge in Districts Dadu, Karachi (South),

Khairpur, Karachi (East), Mirpurkhas and Karachi (Central); posted as Presiding Officer, SindhLabour Court No. III, Karachi and Sindh Labour Court No. 8, Larkana; also served as RegistrarHigh Court, Sindh (thrice), (1986-1988), (1988-1989) and (1997-1998); elevated to Bench on 27thMay, 1998 as Additional Judge for one year; confirmed on 27th May, 1999; Judge, Special AppellateCourt for (Customs & Taxation), Sindh, Administrative Judge, Special Courts (Anti-Terrorism Ac-tivities) for Karachi Division; Chairman, Sindh Zakat Council, Chairman, Islamic Board Modarbaand Chairman Selection Committee for Judicial Officers, Sindh; member, Syndicate of KarachiUniversity and Baqai University, Karachi; participated in third Batch for Shariah Course of Inter-national Islamic University, Islamabad in 1981 and attended SAARC Law Conference at Jaipur(India) in September, 2002.


Mr. Justice Ata-ur-RahmanBorn on July 13, 1943 at Bhopal, (India); after completing education upto Middle migrated to Pakistan in 1957; acquired High School Educa-tion from Karachi; obtained degree of B.A. in 1964 and of LL.B. in 1968from University of Karachi; enrolled as an Advocate on 06-8-1969; as anAdvocate of High Court on 06-10-1971 and as an Advocate of SupremeCourt on 10-5-1979; practised on the civil, commercial and criminal sides;elevated to the bench on 27-5-1998.

Mr. Justice Ghulam RabbaniBorn on 20th October 1944 in the city of Hyderabad; graduated in 1st Classwith distinction from University of Sindh; passed the LL.B. examinationin 2nd Class from the same University; practised as an Advocate beforesubordinate Courts and then as an Advocate of High Court till he waselevated to the bench on May 26th, 1998; worked as an Additional AdvocateGeneral Sindh during the years 1996 and 1997; taught students of lawsince 1985 as a Teacher in Hyderabad Sindh Government Law College,and was Assistant Professor till elevation to the Bench; remained JointSecretary, Hyderabad District Bar Association for two terms, that is, 1976-77 and 1977-78; was General Secretary of same Bar during 1989 and 1990;served citizens as a member/Joint Chief Citizen Police Liaison Committee,District Hyderabad and other Committees.

Mr. Justice Sarmad Jalal OsmanyBorn on October 13, 1950 at Lahore; High School from St. Anthony’sHigh School, Lahore, 1966; Graduated (B.A.) University of Peshawar,1971; LL.B. University of Punjab, 1975; LL.M., University of London,1978; worked as an associate with a leading law firm in Karachi from1979 to 1982 then in USA with the law firm of Shearman & Sterling NewYork City from 1983 to 1984; practised mostly in the international tradeand banking; established own Law Firm in Karachi in 1985; appearedbefore Sindh High Court as well as Arbitration Tribunals; practised inthe banking and shipping areas and also handled merger and acquisitionmatters while advising the Privatisation Commission of Pakistan; elevatedas a Judge of the Sindh High Court in 1998; heard and decided cases in all areas of the Lawincluding Shipping, Banking, Property, Tax, Constitution as well as Criminal law; member of theProvincial Steering Committee for the Province of Sindh in the Government of Pakistan’s Judicialand Legal Reform Project; attended Workshops and Seminars relating to access to justice; attendeda Symposium on Secured Transactions Law Reforms Project in Manila, Philippines in October,1999; attended Judicial Conference in 2003 in Los Angeles USA regarding bankruptcy which wassponsored by the World Bank; Professor of Law at Sindh Muslim law College Karachi, from 1980to 1982 and then from 1985 till 1998; taught both LL.B. and LL.M. classes; co-authored an articleon Pakistan Arbitration Law which was published in “International Commercial Arbitration,”, vol.V, 1980.


Mr. Justice Anwar Zaheer JamaliDate of birth : 31.12.1951; place of birth : Hyderabad; educational qual-ification : B.Com. LL.B.; date of enrolment as an Advocate of lowerCourts : 10th January 1975; sate of enrolment as an Advocate of HighCourts : 13th April 1977; date of enrolment as an Advocate SupremeCourt : 24th November 1989; elevated as a Judge of High Court ofSindh: 26.5.1998

Mr. Justice M. Ashraf LaghariBorn on 7th March, 1941 in village Manik Leghari, Taluka Matli ( thethen District Hyderabad), now District Badin; matriculated in the year1959 from Noor Muhammad High School Hyderabad, University of Sindh;graduated in the year 1964 from Government City College Hyderabad,and passed LL.B in the year 1967 from Government Sindh Law CollegeHyderabad; entered legal profession in January 1968 and enrolled as anAdvocate on 28th September, 1968; enrolled as an Advocate of High Courtof Sindh on 10th January 1975; enrolled as an Advocate of Supreme Courtof Pakistan on 23th May 1992; elected as Joint Secretary of HyderabadDistrict Bar Association in the year 1973; performed Honorary job ofLecturer in Government Sindh Law College Hyderabad from the year 1991; elected as President,High Court Bar Association Hyderabad, on 29th March 1947; conducted number of cases on behalfof the State as an Advocate on the panel of learned Advocate General Sindh; elevated as JudgeHigh Court of Sindh, on 20th April, 1999; appointed as Member, Election Commission Pakistan on9th February, 2002.

Mr. Justice Wahid Bux BrohiBorn on 7th February 1943 (district Shikarpur, Sindh); obtained Bach-elor’s Degree in Mathematics and Economics from University of Sindhin 1966; studied Law in S. M. Law College, Karachi, degree awarded byUniversity of Karachi; appointed as Civil Judge and First Class Magis-trate in 1972 on ad hoc basis; appeared in the competitive examinationheld by the Sindh Public Service Commission for the post of Civil Judgeand secured the first position; completed the course of Shariah Trainingat Shariah Academy of Islamic University Islamabad; worked as DeputySecretary and then Draftsman (Additional Secretary) Law Department,Government of Sindh; represented the Government on the Board of Gov-

ernors for Law Colleges in the Province of Sindh; appointed District & Sessions Judge in 1985; heldthe post of Registrar, High Court of Sindh, Karachi twice (1996–1997) and (1998–1999); appointedOfficial Assignee of Karachi and Administrator General Sindh; held the prestigious assignment ofEx-Officio Secretary to Estate of Quaid-e-Azam Muhammad Ali Jinnah (1997–1998); elevated toBench on April 20, 1999 as Additional Judge for one year; confirmed as Judge on April 19, 2000.


Mr. Justice Mushir AlamBorn on 18.8.1956; Grandfather Moulvi Abdul Rauf, who served as coun-sel for Mahraja of Gawaliar State; LL.B. from S.M.Law College, Karachi;joined Karachi Bar, in 1981; enrolled as Advocate High Court in 1983;played active role in Bar activities; held office of Honorary Joint Secre-tary and then as General Secretary High Court Bar Association Karachi;elected member Sindh Bar Council; appointed Standing Counsel for Gov-ernment of Pakistan in 1998; held last two positions till elevation to theBench on 20th April 1999; worked for all Pakistan Trade Union Congress,an affiliate of Brotherhood of Asian Trade Union (BATU), Worker Con-federation of Labour (WCL); nominated as link person in Pakistan, forthe implementation of International Labour Standard or ILO Norms inPakistan; attended large number of regional and international conferences and workshops under theauspices of APTUC, BATU, WCL and ILO.

Mr. Justice S. Ali Aslam JafriDate and place of Birth: 13th October, 1943 Agra (India); educationalqualifications: B.A. LL.B.; professional experience: enrolled as an Ad-vocate on 10.3.1965; Advocate of High Court on 16.4.1972; AdvocateSupreme Court of Pakistan on 30.4.1986; taught at Government LawCollege Khairpur from 1.9.1972 to 9.10.2000; Principal Government LawCollege Khairpur since 10.2.1985 to 9.10.2000; articles authored: KaroKari—A challenge to society—How to discourage the same (read in aSeminar arranged by Sindh Police at Karachi); How to beat delay indisposal of cases (read in a Seminar at Karachi arranged by Asian De-velopment Bank); Charge and Points for determination in criminal cases

(read at Sindh Judicial Academy Karachi); Issues: Original & Appellate (read at Sindh JudicialAcademy Karachi); conferences attended: Peace and good-will Conference held in December 1981in New Delhi (India); International Jurist Conferences held in Lahore & Karachi in the year 1974,1975 & 1976.

Mr. Justice Muhammad Mujeebullah SiddiquiDate of birth : 01-01-1945; place of birth : Ghazipur; educational qual-ifications: M.A., L.L.M.; professional experience: enrolled as Advocatein January 1966; enrolled as Advocate High Court 1968; appointed CivilJudge & F.C.M. in 1971; promoted as Senior Civil Judge & Assistant Ses-sions Judge in 1976; promoted as Additional District & Sessions Judge in1981; promoted as District & Sessions Judge in the year 1988; appointedJudicial Member, Income Tax Appellate Tribunal of Pakistan in the year1987; appointed Chairman, Income Tax Appellate Tribunal of Pakistanin the year 1994; elevated as Judge of the Sindh High Court in the year2000; publication: book: Introduction of Islamic Criminal Administrationof Justice in Pakistan (Karachi: Kifayat Academy, 1988); training/conferences attended: First Ad-vanced Course in Shariah, Shariah Academy Islamabad, 1981; Special Course on Administrationof Justice in Islam (al-Qaza fi-al-Islam) in Medina University, Medina Munawara, Saudi Arabia;undertook study of Administration of Justice in Saudi Arabia, the hierarchy of Courts and theProcedures, in the year 1982.


Mr. Justice Syed Zawwar Hussain JafferyDate of birth: 24-04-1945; domicile: Khairpur; education: B.A from SindhUniversity in 1966, LL.B. from Sindh University in 1969; joined legalprofession in April 1970; date of enrolment in lower court: 18-11-1970; dateof enrolment in High Court: 19-09-1979; enrolled as Advocate of SupremeCourt of Pakistan on 29th September, 1993; taken up on the Panel ofAdvocate General Sindh for appearing on behalf of the State before HighCourt of Sindh in 1980; appointed Assistant Advocate General Sindh on25th July, 1983 handling numerous cases before the Superior Judiciary;promoted as Additional Advocate General Sindh on 14-12-1996; elevatedto the Bench of the High Court of Sindh on 10th October, 2000.

Mr. Justice Mohammad Moosa K. LeghariBorn on 1st January, 1946 at village Dhingano Bozdar, District Hyder-abad; completed primary education at the village School; admitted toSindh Model High School Tando Allahyar and Matriculated in the year1961; graduated in Arts from University of Sindh with Economics and Po-litical Science in the year 1969 and was placed in First Division; studiedlaw at Hyderabad Sindh Law College and passed LL.B in the year 1976,from Sindh University; enrolled as an Advocate in the year 1980; activelypursued legal profession for 20 years, till elevation to the Bench: practisedon Civil, Banking, Corporate, Labour and Service Laws; taught Interna-tional Law, Constitutional Law, Law of Contract and other subjects atSindh Government Law College Hyderabad; remained Legal Advisor to National Bank of Pakistan,besides other statutory bodies run under the control of Federal and Sindh Governments; conductedcases on behalf of Federation of Pakistan, Pakistan Railways, P.T.C.L. and local authorities; workedas Legal Advisor for a number of prestigious Industrial Organisations.

Mr. Justice Zia PerwezDate of birth 27th Jan 1949 at Karachi; B.Sc. 1967-1969 D.J. Govt.Science College Karachi; LL.B. 1969-1971, University of Karachi; en-rolled as Advocate— 18th July 1972; enrolled as Advocate High Courtof Sindh—25th September, 1974; enrolled as Advocate Supreme Court ofPakistan-21st Feb. 1980; elevated as Judge, Sindh High Court-11th Oct.2000; author of the scheme/documents which introduced the concept ofgroup bank guarantee to enable travel agents to obtain ticket stock with-out furnishing bank guarantee individually, the scheme was approved byInternational Air Travel Association (IATA), it covers all aspects andmodalities from individual sureties to the stage of recoveries on account

of default; the scheme has been adopted by the airline industry in several other countries as well;conferences attended: SAARC Law Conference held at Karachi.


Mr. Justice Mohammad Afzal SoomroBorn on 8th January 1951, in village Abdullah Dakhan, Taluka & Distt.Larkana; matriculated from Government Pilot Higher Secondary SchoolLarkana in, 1967; graduated in Science from Degree College Larkana in1971; passed M.Sc. (Mathematics) in 1973, from University of Sindh,Jamshoro; elected as President of the Department of Mathematics; M.A(Political Science) in 1975 from same University; passed L.L.B. from Govt.Sindh Law College, Hyderabad; joined Sindh Bar Council & enrolled as anAdvocate of the Lower Court on 10-04-1976 and an Advocate of the HighCourt of Sindh on 09-04-1979; enrolled as an advocate of the SupremeCourt of Pakistan on 30-01-1999 and was enlisted as life member; re-mained Joint Secretary High Court Bar Association Sukkur for years 1981-82 and 1982-83; electedHonorary Secretary General High Court Bar Association Larkana for the years 1995-96 and 1996-97;elected President High Court Bar association Larkana for the year 1998-99; elevated to the Benchas Judge of the High Court of Sindh on 10th October, 1999.

Mr. Justice Rehmat Hussain JaferyBorn at Larkana, Sindh on 22.11.1945; B.A. from Government CollegeLarkana; LL.B from Sindh Law College Karachi; enrolled as Advocate atLarkana Bar Association; joined Sindh Judiciary as Civil Judge and FirstClass Magistrate in the year 1972; promoted as Senior Civil Judge, Ad-ditional Sessions Judge and District & Sessions Judge; served in variousdistricts of Sindh in the above capacities; appointed as Registrar, HighCourt of Sindh; training at Shariah Academy; worked on the separation ofJudiciary from the Executive and was successful in separating the Magis-tracy from the Executive during his posting as District & Sessions JudgeHyderabad in the year 1992 to 1995; appointed as Administrative Judge,Anti-Terrorism Courts Karachi Division on 07.05.1999; appointed as Ad-

ministrative Judge, Accountability Courts Sindh, Karachi; decided the “Plane Hijacking Case”against the Ex-Prime Minister of Pakistan Mian Muhammad Nawaz Sharif along with two ChiefMinisters; elevated to High Court of Sindh as an Ad hoc Judge on 27.8.2002 and confirmed as apermanent Judge on 27.8.2003.

Mr. Justice Azizullah M. MemonDate and place of birth: 1st April 1947, Tando Muhammad Khan, DistrictHyderabad; educational qualification: M.A. (Honours) (English); LL.B.;professional experience: passed LL.B. examination in the month of Febru-ary 1971; practised as an advocate at the Bar upto 07.05.1973; joinedas Civil Judge & F.C.M. on 08.05.1973; on promotion worked as Addi-tional District & Sessions Judge with effect from 11.06.1983; on promotionworked as District & Sessions Judge with effect from 01.09.1990; elevatedto the High Court of Sindh with effect from 27.08.2002; appointed aspermanent Judge of High Court of Sindh with effect from 26.08.2003;training: attended the 8th training course at Shariah Academy, Interna-tional Islamic University, Islamabad from 02.11.1983 to February 1984.


Mr. Justice M. Sadiq LeghariBorn on 01-07-1944, at Manik Leghari, District Badin; obtained pri-mary education at village Manik Leghari and matriculated from Noor-Muhammad High School, Hyderabad; obtained LL.B. degree from JinnahLaw College, Hyderabad; enrolled as Advocate Sindh Balochistan BarCouncil in 1970 and practised as Advocate till 1973; appointed Civil Judgeand FCM in November 1973; promoted as Senior Civil Judge & AssistantSessions Judge in July 1978, Additional District & Sessions Judge in 1984and District & Sessions Judge in August 1989; performed as District andSessions Judge at Larkana, Nawabshah, Sanghar, Ghotki, Sukkur and Hy-derabad; in June 1998 appointed as Special Judge Customs, Taxation andAnti-Smuggling; assumed the office of Registrar, High Court of Sindh atKarachi on 31-03-2001; elevated to the Bench of Sindh High Court and took oath on 27-08-2003.

Mr. Justice Khilji Arif Hussain

Date and place of birth: 13th April, 1949, Karachi; academic qualifica-tions: B.Sc., LL.B.; practice: Advocate/Pleader 15-11-1976, AdvocateHigh Court 20-06-1978, and Advocate Supreme Court, 1993; Hon.Joint Secretary High Court Bar Association 1984-85, 1987-89, 1992-93 and 1993-94; member Pakistan Bar Council 1995-2000; Chairman,Executive Committee (1997) Pakistan Bar Council; a number of casesconducted have been reported in Law Reports.

Mr. Justice Amir Hani Muslim

Date and place of birth: 1st April, 1952, Kotri, District Dadu, Sindh; aca-demic qualifications: B.Sc. , L.L.B.; enrolled as Advocate of SubordinateCourts on 26-5-1981; enrolled as Advocate of High Court on 7-11-1983;enrolled as Advocate of Supreme Court on 18-5-2000; appointed AssistantAdvocate General, Sindh on 24-3-1994; appointed Additional AdvocateGeneral, Sindh on 17-7-1995; resigned from the office of Additional Advo-cate General, Sindh on 24-11-1996; appointed Deputy Attorney General forPakistan at Karachi on 12-1-2002; elevated to the Bench on 27th August,2002.


Mr. Justice Gulzar AhmedDate of birth: 02-02-1957; place of birth: Karachi, Pakistan; academicQualifications: B.A., L.L.B.; enrolled as Advocate on 18.1.1986, as Ad-vocate of the High Court on 2.4.1988, and as Advocate of SupremeCourt of Pakistan on 21.4.2001; elected Honorary Secretary of the SindhHigh Court Bar Association, Karachi for the year 1999-2000; practisedmainly on the civil corporate side and remained Legal Advisor of variousmultinational and local companies, banks and financial institutions; el-evated as Judge of the High Court of Sindh on 27.8.2002 and confirmedon 26.8.2003.

Mr. Justice Maqbool Baqar

Date of birth: 5th April, 1957; academic qualification: LL.B. from Univer-sity of Karachi; enrolled as Advocate in May, 1981; elevated as AdditionalJudge of High Court of Sindh on 26th August, 2002; confirmed as Judgeof High Court of Sindh on 26th August, 2003.


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SIGNIFICANT JUDGEMENTS OFTHE HIGH COURT OF SINDH


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3 SIGNIFICANT JUDGEMENTS OF THE COURT

3.1 Shehri & Others v. Province of Sindh & others (SBLR 2002 Sindh710)

Date of hearing: 15th December, 2000.

S. Ahmed Sarwana, J. Sindh Road Trans-port Corporation, a statutory body establihed un-der Section 70 of the Motor Vehicles Ordinance,1965 (Respondent No. 3/the Corporation) for thepurposes of providing efficient, adequate, economi-cal and properly coordinated system of road trans-port service to the citizens of the province. UnderRule 137(J) of the Motor Vehicles Rules, 1969 theCorporation is empowered to acquire and hold suchproperty, both movable and immovable, as the Cor-poration may deem necessary for the purpose ofany of the said activities including the power tolease, sell or otherwise transfer any property by it.During the course of its business, the Corporationacquired lease land, among others, in the Dvisionof Hyderabad, Sukkur, Larkana and Mirpurphaswhere it established Bus Depots, Workshops, Ter-minals, Bus Stands and Training Schools. The Cor-poration did not function economically and wasultimately ordered to be wound up. It is allegedthat the Corporation does not have sufficient fundsto meet its various liabilities including dues of itsemployees consisting of Gratuity, CPF, Leave En-cashment, Golden Handshake Payment etc.

On 06-12-1999 Transport Department, Gov-ernment of Sindh (Respondent No. 3) executedan agreement with the CBA Action Committee,and the Officers Associations of the Corporationwherein it admitted its liability to pay the abovereferred dues of its employees by 06-12-2000 failingwhich it agreed to pay Markup thereon at the rateof 15 percent per annum for delayed payment. Inorder to liquidate its liabilities and meet its com-mitments made to its employees, the Corporationdecided to dispose of several plots situated in thefour Divisions of the Province of Sindh referred toabove. Consequently, the Corporation published anadvertisement, among others, in the Daily Dawn of21st September 200 for auction on various datesits properties consisting of Bus-Stands/Bus De-pots/Colonies in Hyderabad, Sukkur, Larkana andMirpurkhas Divisions. Clause Nos. 4 and 11 of the

Terms and Conditions of the auction of the proper-ties relevant for the purpose of this Petition readsas follows:

“4. The properties referred abovecan be used for any Commer-cial/Residential purpose or otherwiseas per rules/policy of the local admin-sitration.

. . . .

11. The terms and conditionsof Building Departments/zoningrules/regulations prescribed shall befollowed by bidder.”

On 12-10-2000 Petitioner No. 1, a Non-Governmental Organisation registered under theSocieties Registration Act, 1860 and Petitioner Nos2 to 10, as public spirited citizen interested in pre-serving the natural and build environment in theurban areas of Sind and ensuring the fundamen-tal constitutional right to life of all citizens to livein peaceful and good environment filed the presentPetition against Government of Sindh (RespondentNo. 1), Transport Department (Respondent No. 2)and Sindh Road Transport Corporation (Respon-dent No. 3) seeking, inter alia, the following reliefs:

a) “declare that SRTC amenity land/transportworkshops and terminals are being disposed ofnot only contrary to the interest of the public asthe same is being done without proper develop-ment scheme or an legally notified amendmentthereo.

b) declare that conversion of established land-use of transportation depot/terminal/workshopamenity land to industrial/commercial/residentialuse effected in violation of Law, regulationsand town planning principles in the Provinceof Sindh is illegal, and in violation of the Perti-tioner’s and citizens rights,


c) direct the Respondents and their subordinateofficers (Divisional Commissioners, SRTC of-ficials etc) to stop the auction of the SRTCamenity plots immediately and refund anymonies that may have been taken as bid securi-ties or initial deposits, as the aforesaid locationand proposed land use conversion is being ef-fected in violation of the law,

d) restrain the Respondents and their subordinateofficers from parting with physical possessiom ofthe SRTC amenity plots or creating any thirdparty interest therein,

e) direct the Respondents and their subordinateOfficers to utilize the designated transportationamenity plots and solely for the benefit of thecitizens and the travelling public, by setting upmeans for the private sectior to use the amenityplots as bus/coach depots, terminuses, work-shops and other related facilities,

f) grant such relief as this Hon’ble Court deemsjust and proper in the circumstances.”

On 17-10-2000 the Court issued Pre-Admissionnotice to the Advoate General Sindh and theRespondents for 25-10-2000 and meanwhile re-strained the Respondents from conducting the auc-tion of the Corporation’s plots or handing overtheir possession to the persons who may have pur-chased such properties pursuant to the advertise-ment referred to above. The Interim Order wasextended from time to time. Respondent No. 3 filedits Counter Affidavit/Parawise Comments whereinseveral factual and legal pleas were raised includ-ing the maintainability of the Petition; however, atthe time of hearing all the Counsels agreed thatthe entire Petition may be heard and decided atthe Katcha Peshi stage as the issue involved wasimportant and the Respondent No. 3 was in urgentneed of finance to liquidate its liabilities.

Mr. Naimur Rehman, learned Counsel for thePetitioners, submitted that all the plots describedin advertisement dated 21-09-1999 were amenityplots which were being used by the Corporationfor the benefits of the public and they could notbe sold as properties which can be used for com-mercial, residential or for any purpose other thanthe purpose for which they were being used bythe Corporation i.e. the use of the land describedin the advertisement could not be changed as it

would deprive the citizens of their rights to livein a peaceful and healthy environment which fun-damental right is guaranteed by the Constitution.He submitted that the respondents should not bepermitted to convert the use of the plots for com-mercial or other purpose as it would be detrimentalto the phsical and mental health of the citizens.He added that because of the unplanned construc-tion and breaches of the Building Control Laws,cities like Karachi, Hyderabad and Sukkur have al-ready created unhygienic living conditions for thecitizens and it is imperative that all planning andchange in the use of land in future must be donestrictly in accordance with the provisions of theTown Planning Act, 1915 and in the light of theguidelines laid down in the case of Abdul Razakv. Karachi Building Control Authority, PLD 1994Supreme Court 512 at 528. He also argued thatthe public servants owe a duty to the State andthe citizens of this country to follow the law andwork for the betterment of the State and its citizensand must always exercise their powers in a mannerwhich is not detrimental or adverse to the rights ofthe citizens guaranteed by the Constitution.

Mr. Talmiz Burney, learned Counsel for theCorporation submitted that his clients had ac-quired the properties mentioned in the advertise-ment from private parties which were not amenityplots and referred to Annexure R-2 of the CounterAffidavit filed by the Coporation in this behalf. Heurged that under Rule 137(J) of the Motor Vehi-cle Rules, 1997 the Corporation has the power toacquire and sell movable and immovable propertywithout any restriction; however, he added that hisclient would sell the properties in question only tolegal restrictions applicable at the time of sale.

Mr. M. Sarwar Khan, learned Additional Ad-vocate General submitted that the case of KaachiTransport Company was distinguishable from thecase put forward by Mr. Rehman in the Petitionand that KTC was providing transport facilitiesoutside Karachi and its terminals were generallysituated outside the cities. He added that it is a de-batable question whether Sindh Local GovernmentOrdinance, 1979 was applicable to the properties inquestion. He also submitted a copy of a letter dated12-12-2000 of the Secretary, Government of Sindh,Labour and Transport Department addressed tothe Advocate General stating that the prospec-tive/successful purchasers of SRTC/lands/plots inopen auction shall abide by the applicable Laws


of the Government/authorities in accordance withthe land use of the area/site already approved byLocal Government or authority whichever may bethe case.

We have considered the arguments advanced byMr. Naimur Rehman, learned Counsel for the pe-titioner, it would be advantageous to refer to theobservations of the Supreme Court in the case ofAbdul Razak v. Karachi Building Court Authority,PLD 1994 Supreme Court 512 at 528 wherein theHon’ble Supreme Court quoted a passage from En-cyclopaedia Britannica, 1963 Edition, relating tocity planning in the following words:

“Goals of Modern City Planning:—The ultimate goals were social, al-though the plans themselves related tophysical things. They were deeply in-volved with intermediate economic ob-jectives. The expresseion of the goalswas, of course, coloured by the cul-ture of the society seeking them. In theU.S. and countries following WesternEuropean traditions, the ideal urbanenvironment would reconcile the maxi-mum opportunity for individual choicewith protection for the individual fromadverse effect of the actions of others.Within this philosophy, city planningwould probably seek (1) the orderly ar-rangement of part of city-residential,business, industrial etc., so that eachpart could perform its functions withminimum cost and conflict; (2) an effi-cient system of circulation within thecity and to the outside world, using tothe maximum advantage all modes oftransportation; (3) the development ofeach part of the city optimum stan-dards, as of lot size, sunlight and greenspace in residential area, and park-ing and building space in business ar-eas; (4) the provision of safe, sanitaryand comfortable housing in variety ofdwelling types to meet the needs ofall families; (5) the provision of recre-ation, schools and other communityservice, of a high standard of size, lo-cation and quality; (6) the provisionsand economical water supply, sewer-age, utilities and public services.”

The Supreme Court thereafter observed as fol-lows:

“From the above quoted passage fromEncyclopaedia Britannica, it is evi-dent that the concept of modern cityplanning, inter alia, envisages the or-derly arrangement of part of the city-residential, business and industrial etc.so that each part could perform itsfunctions with minimum cost and con-flict. The paramount object of moderncity planning seems to ensure maxi-mum comforts for the residents of thecity by providing maximum facilitiesreferred to hereinabove. It must, there-fore, follow that a public functionaryentrusted with the work to achievethe above objective cannot act in amanner, which may defeat the aboveobjective. Deviation from the plannedscheme naturally results in discomfortand inconvenience to others.”

In this respect there already exists a statute inthe Province of Sindh known as “The Town Plan-ning Act, 1915” which was enacted for making andexecuting the town planning schemes so that thedevelopment of certain areas should be regulatedwith the general object of securing proper sanitaryconditions, amenity and convenience to the per-son living in such areas. Section 3 of the said Actrequires that a town planning scheme shall makeprovisions, inter alia, for:

(a) “. . . .

(b) . . . .

(c) . . . .

(d) the allotment of reservation of land for roads,open spaces, gardens, recreation grounds,schools, markets and public purposes of allkinds;

(i) the imposition of conditions and restric-tions in regard to the open space to bemaintained about building, the number,height and character of buildings allowedin specified areas and the purposes towhich buildings of specified areas may ormay not be appropriated.”


Section 8 of the Town Planning Act, 1915 providesas follows:

“8(1) A town planning scheme maybe made in accordance with the pro-visions of this Act in respect of anyland which is in course of developmentlikely to be used for building purposes.

(2) . . . .

(3) The expression ‘land is likely tobe used for building purposes’ shallinclude anland likely to be used as,or for the purpose of providing openspaces, roads, streets, parks, pleasureor recreation grounds, or for the pur-pose of executing any work upon orunder the land incidental to a town-planning scheme, whether in the na-ture of a building work or not, andthe decisions of the Provincial Govern-ment as to whether land is likely to beused for building purposes or not shallbe final.” (emphasis added)

In keeping with the spirit of the Sindh TownPlanning Act, 1915 the President of Pakistan pro-mulgated President Order No. V of 1957 (KDAOrder 1957) the preamble of which reads as fol-lows:

“whereas it is expedient to makeprovisions for the development andimprovement of certain areas in theKarachi Division by opening up con-gested areas, laying out or alteringstreets, providing public amenities likeparks, gardens and playgrounds, exe-cuting works for water supply and sew-erage or by demolishing, improving orconstructing buildings; for the acqui-sition of land for such development orimprovement, including the re-housingof persons affected thereby and cer-tain other persons, for the prepara-tion and execution of development orimprovement schemes and for mat-ters conncected therewith or incidentalthereto;” (emphasis added)

Section 29(n) of the KDA Order states that animprovement scheme may provide, inter alia, for

“parks, playing-grounds and other open spaces forthe benefit of persons residing in any area com-prised in the scheme or any adjoining area and theextension of existing park, play-ground and otheropen spaces and approaches to the same.

Section 52-A of the KDA Orde relating to theconversion or changes in the scheme stipulates that:

“The Authority shall immediately af-ter any housing scheme is sanc-tioned by, or altered with the ap-proval of, government, submit to theCommissioner the details includingthe surevey numbers, area and loca-tion of each plot reserved for roads,hospitals, schools, colleges, libraries,play ground, gardens, parks, commu-nity center, mosque, graveyard or suchother purpose and the Commissionershall notify such detail in the officialGazette.” (emphasis added)

We are informed that several statutory bod-ies have been established in the Province of Sindhfor the development of various cities and towns inthe Schemes of which similar provisions relating toparks, gardens and open spaces have been incorpo-rated for the benefit of the general public.

The importance of open spaces, parks, greeneryin a city was highlighted by one of us; namely S.Ahmed Sarwana, J. in the case of Dr. Zahid Ansariand others v. KDA, PLD 2000 Karachi 168 at 177in the following words:

“It would not be out of place to men-tion here that open spaces, parks andgreenery are not only soothing to theeyes and the mind but also for thespirit. They are necessary ingredientsof town planning as they help in main-taining the physical the physical andmental health of the residents of thetown. It is often said by medical doc-tors and sociologists that if you takeaway open spaces, parks and green-ery from the residents of a town, be-sides other adverse effects, the inci-dence of hypertension and crime ratein the populaiton will go up in thearea. It is, therefore, imperative thatopen spaces and amenities be not re-duced by converting them into residen-tial or commercial plots but retained


at their original location in the ZonalPlan Scheme to safeguard a pleasantenvironment where healthy bodies andminds flourish and the members of so-ciety do not go berserk. No person,how high he may be, can or should,therefore, be permitted to change theuse of such area without exceptionalreason in the public interest and thatalso after strictly following the proce-dure required therefor.”

Maulan Mufti Muhammad Shafi in his famousCommentary of the Holy Quran “Maariful Quran,”Volume 3, page 98 with reference to “the SacredLands” referred to in Surah al-Maida 5, Ayat 21has commented as follows:

“According to some interpreters of theHoly Quran, the term sacred landrefers to Jerusalem while according toothers it refers to the city of Jerusalemand Eilya; while some others say itrefers to the city of ‘Areeha’ which waslocated between the river Jordan andJerusalem and is regarded as the old-est city in the world. It’s ruins exist tilltoday and its greatness and majestyduring the time of Hazrat Moosa (AS),has bee acknowledged by historians.

According to some historians the cityof Areeha had 1000 wards and everyward had 1000 gardens in it.” (Trans-lated from Urdu to English by us)

The above note also shows that people of thecity of Areeha, which existed more than 3000 yearsago, recognised the importance and necessity ofgardens and greenery in a human habitat andplanned their cities accordingly. In this respect itwould be advantageous to refer to the observationof the United States Supreme Court in the case ofSamuel Berman v. Andrew Parker, 348 US 26, 99L. ed. 27, 75 SCt 98 wich reads as follows:

“. . . . Miserable and disreputable hous-ing conditions may do more thanspread disease and crime and immoral-ity. They may also suffocate the spiritby reducing the people who live thereto the status of cattle. They may in-deed make living an almost insuffer-able burden. They also be an ugly sore,

a blight on the community which robsit of charm, which make a place fromwhich men turn. The misery of housingmay despoil a community as an opensewer may ruin a river.

. . . .

The concept of public welfare is broadand inclusive . . . . The values it rep-resents are spiritual as well as physi-cal, aesthetic as well as monetary. It iswithin the power of the legislature todetermine that the community shouldbe beautiful as well as healthy, spa-cious as well as clean, well balancedas well as carefully patrolled.”

It would not be out of place to refer her to theOath of the Athenian City State which has been re-produced in the book entitled “The Urban World”by J. John Palen, published by McGraw-Hill BookCompany, New York, which reads as follows:

“We wil ever strive for the ideals andsacred things of the city, both aloneand with many; we ill unceasingly seekto quicken the sense of public duty; wewill revere and obey the city’s laws;we will transmit this city not only less,but greater, better and more beautifulthan it was transmitted to us.”

At this juncture, we may state that in our opin-ion, the right to life guaranteed by the Constitutionincludes the right to live in a clean and healthyenvironemnt. It is, therefore, the duty of the legisla-ture to enact laws and of the Government to enforcethem in a manner which promotes the achievementof high intellectual and spiritual goals and happi-ness in life by the citizens.

From the above survey of law and history wecan safely conclude that sociologists, medical doc-tors and judges are all unanimous on the pointthat open spaces, parks and gardens are necessaryfor the physical and mental health of a societyand if these facilities are not mandatorily madeavailable to the residents of a city, it would cre-ate problems of mental health, rise in crime rateand degradation of moral values of inhabitants.It is therefore essential that the government andall persons responsible for town planning and theuse of land in the Province of Sindh be directedto follow the provisions of Town Planning Act,


1915 and the Guidelines laid down by the Hon’bleSupreme Court of Pakistan in its various illumi-nating judgements while preparing town planningschemes and/or changing the use of any land espe-cially from an open space to residential, commercialor industrial one, so that the land of the oldest civ-ilization in the sub-continent may provide a pleas-ant environment for the enviable growth of physicaland mental health of its citizens. It is imperativeto do so because all public servants owe a duty tothe citizens of this country to follow the law, workfor the improvement, development and bettermentof this country and its citizens and always exerisetheir power and authority for the achievement ofthis end. Mr. Talmiz Burney, learned Counsel forthe Corporation, has stated that his client shallsell the properties in question subject to the legalrestrictions of use of land applicable at the timeof sale. Mr. Sarwar Khan, learned Additional Ad-vocate General also stated that the Governmentof Sindh, Labour and Transport Department shallabide by the applicable laws relating to land use ofthe area already approved by the local governmentor any other relevant authority. However, none ofthem stated that the open spaces being used bythe Corporation for Bus Depots, Workshops, BusTerminals, Bus Stands and Training Schools wouldbe kept as they are and the said open spaces as ex-isting today would not be changed to residential,commercial or industrial use without a properlyprepared scheme. For reasons discussed above, itwould be proper to direct the Respondents to takeall future action in relation to the use of land inthe Province of Sindh in general and the lands inquestion in particular under proper Town PlanningSchemes so that haphazard structures of concreteand steel may not crop up like wild mushroomswithout any application of mind of the relevantauthorities which would deprive citizens of their

dundamental rights to live in a healthy and har-monious environment. The Petition is accordinglyallowed in the following terms:

(i) The Corporation is at liberty to sell and dis-pose of its land comprising Workshops, BusDepots, Terminals, Bus Stands and TrainingSchools described, inter alia, in the PublicNotice published in Daily Dawn of 21-9-200or the Brochure issued by the Commissioner,Mirpurkhas Division Hyderabad (Annexure 5of the Petition) or any other similar documentrelating to disposal of the land in question is-sued by the Corporation or the Governmentof Sindh, Department of Labour and Trans-port;

(ii) All the lands/plots of the Corporation de-scribed above would be sold, leased, trans-ferred or disposed of subject to the conditionthat the buyer/bidder shall not use the landfor purposes other than those specified in therules/policy of the local administration andthe terms and conditions of Building/ZoningRules and Regualtions prescribed in the TownPlanning and Development Schemes for thearea concerned.

(iii) The Government of Sindh shall prepare ap-propriate Town Planning and DevelopmentSchemes under provisions of Town PlanningAct, 1915 where these lands are situatedand shall ensure that these open lands/plotsare not converted into commercial, residen-tial or industrial use without a proper planor scheme.

In the circumstances, there shall be no order asto costs.

Order accordingly.

3.2 Riaz-ur-Rehman Khan v. Lufthansa German Airlines, Quaid-e-Azam International Airport, Karachi (PLD 2002 Karachi 434)

Date of hearing: 15th May, 2002.

Shabbir Ahmed, J.: The only question in-volved in the matter is one of limitation, and itis, whether the words “a Court of first instance” insection 14 of the Limitation Act, include a foreign

Court, such as one of New York District Court,falling within that description. The question hasarisen under the following circumstances:


The case of the plaintiff is that he is engagedin the profession of Marketing on International ba-sis and he frequently travelled all around the worldby defendant airline. He attended several meetingsin London and New York in May, 1997. On 30thMay, 1997, after attending such meetings, he trav-elled on his way from New York to Karachi ondefendant flight LH-403 via connecting flight LH-634 from Frankfurt to Karachi. On 31-5-1997, flightNo.LH-634 arrived at Dubai International Airport,where while disembarking the defendant aircraft,stairs/ladder wobbled at a very high speed result-ing in his fall from the stairs to the ground, as aresult of that fall,, he became unconscious. He wastaken to Emergency Medical Centre, thereafter hewas shifted to Sheikh Rashid Hospital. The plain-tiff was not being treated properly at Dubai, hecame to Karachi on 1-6-1997 in serious conditionand remained under medical treatment in Karachi.Thereafter, he went to United States for furthertreatment. The plaintiff after service of legal noticeon the defendant filed a claim for absolute liabilityagainst the defendant in the United States DistrictCourt, New York on July 6, 1998. The case wasclosed by the District Judge for lack of jurisdictionby judgment dated October 18, 2000.

The District Judge, New York was of the viewthat Article 28(1) of the Convention (Warsaw Con-vention) specifies that action arising out of interna-tional transportation governed by the Conventionmust be brought in one of four clearly identifiedfora: (1) the domicile of the carrier; (2) principalplace of business of the carrier; (3) the forum inwhich the carrier has a place of business throughwhich the contract was made; or (4) the place ofdestination. Unless one of the specified fora is inthe United States, a Federal District Court lacksjurisdiction over the claim under the terms of theConvention and hence lacks federal subject-matterjurisdiction over the controversy.

The plaintiff presented the plaint for recoveryof Rs.30,30,000 as damages against the defendantin this Court on 3-12-2001.

Alongwith plaint, C.M.A. No.9059 of 2001, anapplication under section 14 of the Limitation Acthas been filed for exclusion of period spent in Dis-trict Court, New York, which contains the groundthat the plaintiff has been, with due diligence andin good faith prosecuting his case in a Court whichfrom defect of jurisdiction is unable to entertain

it. The same ground has been taken in supportingaffidavit.

Mr. Muhammad Ali Sayeed, Senior Advocateand Mr. Rasheed A. Razvi, Advocate, were ap-pointed amicus curiae, to assist the Court, whetherthe word “a Court of first instance” in section14 of the Limitation Act includes a foreign Courtviz. District Court, New York, falling within thatdescription with regard to a proceeding takenby plaintiff on same cause of action there. Bothlearned amicus curiae have addressed the Courtand the plaintiff’s counsel had adopted their ar-guments in support of the application.

It may be stated here that by Carriage by Air(International Convention) Act, 1966, the WarsawConvention, as amended, has been given force oflaw in Pakistan in relation to any carriage by airto which those rules apply, irrespective of the na-tionality of the aircraft performing the carriage interms of subsection (2) of section 2, which reads asfollows:—

“2. Application of the Warsaw Con-vention as amended, to Pakistan.–(1)The rules contained in the First Sched-ule, being the provisions of the Con-vention for the unification of certainrules relating to international carriageby air known as ’the Warsaw Conven-tion as amended at the Hague, 1955’ ,hereinafter referred to as the Conven-tion, shall, subject to the provisions ofthis Act, have the force of law in Pak-istan in relation to any carriage by-airto which those rules apply irrespectiveof the nationality of the aircraft per-forming the carriage.”

It may also be pointed out that rule 28 of FirstSchedule of the Act is adoption of the Article 28(1)of Warsaw Convention said rule also provides sameforas for an action for damages; (1) before theCourt having jurisdiction where the carrier is or-dinarily resident; or (2) has his principal place ofbusiness; or (3) has an establishment by which thecontract has been made; or (4) before the Courthaving jurisdiction at the place of destination.

The above provision is not like the provision ofsection 20 of the C.P.C. for bringing a cause at aplace where the plaintiff gets cause of action, savewhere the defendant resides or carries on business.


Rule 29 states that the right of damages shallbe extinguished if an action is not brought withintwo years, reckoned from the date of arrival at thedestination or from the date on which the aircraftought to have arrived, or from the date on whichthe carriage stopped.

Admittedly, the present suit ought to have beenfiled in ordinary course within a period of two yearsfrom 1-6-1997, the date of arrival at the last desti-nation i.e. Karachi.

The provision of section 14 of the LimitationAct, provides the exclusion of time in computingthe period of limitation as follows:—

“14. Exclusion of time proceed-ings bona fide in Court withoutJurisdiction.–(1) In computing theperiod of limitation prescribed forany suit, the time during which theplaintiff has been prosecuting withdue diligence another civil proceeding,whether in a Court of first instance orto a Court of appeal, against the de-fendant, shall be excluded, where theproceeding is founded upon the samecause of action and is prosecuted ingood faith in a. Court which, from de-fect of jurisdiction, or other cause of alike nature, is unable to entertain it.”

The reading of the above provision suggeststhat in computing the period of limitation pre-scribed for any suit, the time during which theplaintiff has been prosecuting with due diligenceanother civil proceeding, whether in a Court of firstinstance or in a Court of appeal against the defen-dant, shall be excluded, where the proceeding isfounded upon the same cause of action and is pros-ecuted in good faith in a Court which, from defectof jurisdiction, or other cause of alike nature, isunable to entertain it.

The following conditions have to be satisfiedbefore section 14 can be pressed into service:—

1. Both the present and subsequent proceedingsare civil proceedings prosecuted by the sameparty.

2. The prior proceedings had been prosecutedwith due diligence and in good faith.

3. The failure of the prior proceedings was dueto defect of Jurisdiction or other cause of likenature.

4. The earlier proceedings and the later pro-ceedings must relate to same cause of action;and

5. Both the proceedings are in a Court.

The present suit is governed by the Carriageby Air (International Convention Act) a speciallaw and I have no hesitation in concluding thatby virtue of section 29 of the Limitation Act, theprovision of section 14 can be pressed into service.

Mr. Muhammad Ali Sayeed, learned amicus cu-riae contended that the question which requiresdetermination is whether the suit tiled in AmericanCourt could be considered civil proceedings withinthe meaning of section 14 of the Limitation Act. Inother words, whether the proceedings must be inCourts of Pakistan or in a Court of Foreign jurisdic-tion. He further contended that (1) whether “civilproceeding” includes the proceedings instituted ina foreign jurisdiction, if so then (2) whether theproceedings were with due diligence. His submis-sion was that as there is no definition of the word“Court” in the Limitation Act, it must be con-strued in the wider sense in which it is used inthat section, so as to include “a foreign Court” andcontended that any term used in the statute, whichlimits or curtails the right of a citizen should be in-terpreted, liberally particularly, when such term isnot subjected to the definition.

During the hearing, the decision of DivisionBench of Lahore High Court to Hari Singh v.Muhammad Said and others (AIR 1927 Lahore200) was referred to the effect that sections 12 and14 are only applicable suits in British India and notto the proceedings in foreign Courts:—

“Section 9 of the Limitation Act laysdown that when once time has be-gun to run no subsequent disabilityor inability to sue stops it subject toone proviso, which does not apply inthe present case. It was conceded thatthere is nothing in the Indian Limita-tion Act to warrant the deduction ofany of the period claimed. Further, ithas been held in AIR 1923 Nagpur,page 321 that sections 12, 14, etc. ofthe Limitation Act are only applica-ble to suits in British India and notto proceedings in foreign Courts. Thisruling followed Chanmalapa v. Abdul


Vahab (1911) 35 Bombay 139), whichis to the effect that the Courts contem-plated by section 14 of the LimitationAct are British Indian Courts.”

M/s. Muhammad Ali Sayeed and Rasheed A.Razvi, learned amicus curiae contended that viewtaken in Hari Lal case is restrictive interpretationof term Court, and the Limitation Act has to beinterpreted keeping in view the observation tradein several judgments by the Supreme Court thatthe access to justice is a fundamental, such rightcannot be taken away and the plaintiff might havebeen misled by the term civil proceedings. Mr.Muhammad Ali Sayeed has referred the followingcelebrated judgments:—

(1) Government of Balochistan v. AzizullahMemon and 16 others, PLD 1993 SC 341 and (2)Government of Sindh v. Sharaf Faridi and others,PLD 1994 SC 105 to contend that the right to ac-cess to justice is internationally well-recongnizedhuman right and is now being implemented and ex-ecuted by granting relief under the Constitutionalprovisions. Article 10 of the Universal Declarationof Human Rights and Article 14 of the United Na-tions Convention on Criminal and Political Rightsrecognise the right of fair trial by an independentand impartial Tribunal established by law. Theright of equal access to ordinary Tribunals andCourts is recognized in other countries also. Theright of access to justice does not only mean thatthe law may provide remedies for the violation ofrights, but it also means that every citizen shouldhave equal opportunity and right to approach theCourts without any discrimination. It also envis-ages that normally the Courts established by lawshall be open for all citizens alike. Where the ju-risdiction of the ordinary Courts established underordinary law is excluded or barred and certain classof cases or class of persons or inhabitants of an areaare not allowed to approach such Courts and areto be tried or rights adjudicated by special Courts,then a fair, rational and reasonable classificationmust be made which have nexus with the object ofthe legislation.

Mr. Muhammad Ali Sayeed also referred thefollowing cases, wherein the concept of access tojustice has been highlighted; (1) Al-Jehad Trustv. Federation of Pakistan and others, PLD 1996SC 324; (2) Aftab Shahban Mirani v. President of

Pakistan and others, 1998 SCMR 1863; (3) Ma-lik Asad Ali and others v. Federation of Pakistan,PLD 1998 SC 161; (4) Mehram Ali and others v.Federation of Pakistan and others, PLD 1998 SC1445; (5) Sh. Liaquat Hussain and others v. Feder-ation of Pakistan, PLD 1999 SC 504 and (6) NewJubilee Insurance Company Ltd., Karachi v. Na-tional Bank of Pakistan, Karachi, PLD 1999 SC1126.

In the last case, the right, access to justice isequally founded in the doctrine in due process oflaw which includes the right to be treated accord-ing to law, the right to have fair and proper trial.

Mr. Muhammad Ali Sayeed also contended thatwhere a law contravenes fundamental right, theCourt would be lean to preserve the rights of theparty to approach the Court, even if law of lim-itation would not be struck down being contraryto the a fundamental right but where the inten-tion of law with language used is undefined andif there is room for more than one interpretation,the Court should interpret which is in consonancewith fundamental right of access to justice. He alsocontended that civil proceedings means a proceed-ings of competent jurisdiction, if the proceedingsbefore a Court having no jurisdiction would not beproceedings with due diligence and contended thatin the instant case, the plaintiff brought a ticketof defendant Airline from Karachi to New Yorkand arrangement has been made through defendantfor Karachi from New York via defendant flightNo.LH-634 from Frankfurt to Karachi via Dubai.On this fact, he contended that the plaintiff wasunder a bona fide impression that the Court at NewYork had the jurisdiction. The plaintiff was withintheir right to file claim at New York in a forum inwhich the carrier has a place of business throughwhich the contract was made. He also contendedthat no doubt, the ignorance of law is no excusebut such principle would be applicable to the lo-cal laws and not to the International Conventions.The myth of ignorance of law is no excuse, cannotbe pleaded in respect of such conventions and con-tended that nowadays laws are so complex that it isnot possible to have equittance with all, more par-ticularly, the International Law. The contention ofMr. Muhammad Ali Sayeed, learned amicus curiaemight have some weight, had it been a case of Inter-national Convention only. By enacting the Carriageby Air (International Convention) Act 1966, the


Warsaw Convention, as amended, has the force oflaw in Pakistan.

Mr. Muhammad Ali Sayeed further contendedthat the Court can show indulgence if the partyseeking the condonation has shown that he wasprosecuting the proceedings with due diligence andcontended that term “due diligence” has been in-terpreted by superior Court in various cases andreferred the case of Mirza Muhammad Saeed v.Shahab-ud-Din and 8 others PLD 1983 SC 385, theobservations are as follows:—

“The law as it now stands is that theCourts can show indulgence and con-done the delay where time has beenlost by prosecuting a remedy beforea wrong forum on account of a bonafide mistake or error committed by acounsel, which a reasonable and pru-dent man despite exercising due dili-gence and caution might have commit-ted. Where, however, the mistake inapproaching the wrong forum is com-mitted by him due to gross negligenceand carelessness and it does not ap-pear that he has shown due diligence,and caution before moving the saidwrong forum, the only remedy for theunfortunate client of such a counsel ap-pears to be to sue him for damagesfor the loss suffered on account of hisgross negligence. If such a remedy isexercised more frequently and counselmade to pay for their carelessness andnegligence which results in such gravelosses to their clients, some ameliora-tion in the situation is possible.”

Mr. Muhammad Ali Sayeed has also referredthe cases: (1) Raja Karamatullah and 3 others v.Sardar Muhammad Aslam Sukhera, 1999 SCMR1892: (2) Karachi Electric Supply Corporation Ltd.v. Lawari and 4 others, PLD 2000 SC 94; (3) BashirAhmed v. Muhammad Sharif and 4 others, PLD2001 SC 228 that in order to take advantage of Lim-itation Act, a litigant has to show that he has beenprosecuting in civil proceedings with due diligenceand that other civil proceedings were prosecuted ingood faith, section 2(7) states that nothing shall bedeemed to be done in good faith which is not donewith due care and coercion.

Mr. Rasheed A. Razvi, learned amicus cu-riae while adopting the submissions made by Mr.Muhammad Ali Sayeed has also added in sup-port of contention placed by Mr. Muhammad AliSayeed, by contending that while considering thequestion of limitation when no other material isavailable, the contents of the plaint is to be takenwhile deciding the matter and by referring paras3 and 9 of the judgment, he contended that thelearned District Judge has declined to assume thejurisdiction on the basis of Article 28 of the War-saw Convention, which with modification, has theforce of law in Pakistan and enacted in the shapeof Carriage by Air (International Convention) Act,1966 and pointed out that under rule 29, if an ac-tion is not brought within two years, the right isextinguished and the period is to be reckoned fromthe date of arrival. He referred his own judgment,wherein the definition of the term “extinguish” hasbeen stated in Shahenshah Hussain v. M/s. ThaiAirways International Limited (2000 MLD 1454)in the following terms:–

“It will be pertinent to see that howthe term extinguished has been definedin different law dictionaries. Some de-fine it as an end; termination or torender extinct. In Black’s Law Dictio-nary, the term ’extinguishments’ hasbeen defined as the destruction or can-cellation of a right, power, contractor estate. ’It connotes the end of athing, precluding the existence of fu-ture life therein’. In Legal Theasu-rus by William C. Burton. (McMil-lan Publishing Co., New York, 1990at page 217) the term ’extinguish’ hasbeen defined as abolish, cancel, cutout, demolish, destroy, devastate sup-press, terminate, wipe out etc. In thecase of Barlow v. Ross (24 QBD 381)the word ’extinguished’ was consideredin reference to section 20 of Artizan’sand Labourer’s Dwelling ImprovementAct, 1875; whereafter it was held, interalia, that ’the right to compensationis co-extensive with extinguishment ofrights’. I would also like to refer a deci-sion of Indian Supreme Court in VaniaSilk Mills (P) Ltd. v. Commissionerof Income Tax AIR 1991 SC 2104 at


2107 where the phrase ’extinguishmentof any rights therein’ was consideredin reference to section 2(47) read withsection 45 of the Indian Income TaxAct, 1961 whereafter following obser-vations were made while defining thesaid phrase:–

Since those associated words and ex-pressions imply the existence of theasset and of the transferee, accordingto the rule of nositur a sociis, the ex-pression ’extinguishment of any rightstherein’ would take colour from thesaid associated words and expressions,and will have to be restricted to thesense analogous to them. If the Leg-islature intended to extend the defi-nition to any extinguishmem of right,it would not have included the obvi-ous instances of transfer, viz. sale, ex-change etc. Hence the expression ’ex-tinguishment of any ’rights therein’will have to be confined to the ex-tinguishment of rights on account oftransfer and cannot be extended tomean any extinguishment of right in-dependent of or otherwise then on ac-count of transfer.”

He contended that plaintiff seeking condona-tion in terms of section 14 of the Limitation Act hasto satisfy the Court that the proceedings filed byhim were of civil nature and were being prosecutedwith due diligence at the Court of first instance orat the Appellate Court and the case was dismisseddue to jurisdictional defect. He also referred thecase of Messrs Farid Sons Ltd. v. Messrs Siemensand Halske A.G. Hoff and Pakistan PLD 1961 (W. P.) Karachi 612, wherein the expression “goodfaith” with reference to section 14 of the Limita-tion Act was discussed as follows:–

The expression ’good faith’ is notexhaustively defined in section 2 ofthe Limitation Act but inherently em-braces the idea of honesty of purposes.The definition is as follows:

’good faith’, nothing shall be deemedto be done in good faith which is notdone with due care and attention; itseffect is that nobody can be said to

have acted honestly for purposes of theAct if he did not act with due care andattention. This is a stricter definitionthan that contained in section 3(20) ofthe General Clauses Act, 1897, and ex-cludes its application.”

It was further held that :– .

“where there is absence of diligenceand good faith, it is erroneous to at-tribute the failure to defect of jurisdic-tion or a like cause.”

The view taken in Hari Singh’s case (supra)by Division Bench of Lahore high Court and inRajanna v. Narayan (AIR 1923 Nagpur 321) by Di-vision Bench of Nagpur High Court, that the term“civil proceeding before the foreign Court wouldnot attract the provision of section 14 of the Limi-tation Act. The reason for such view was that theLimitation Act is not applicable to those territo-ries. Learned amicus curiae have emphasized thatthis view is very rigid and narrow, and such re-strictive interpretation should not be adopted bythe Courts in the present circumstances when theconcept of global scenario is being advocated in thebackground of economic activities involving Inter-national Law. When the policy of section 14 is toafford protection to a litigant against the bar oflimitation, when he instituted a proceedings whichby reasons of technical defect, want of jurisdictioncannot be decided on merit and is dismissed.

It has also been canvased that section 14 it-self does not contemplate any territorial limits ofa Court and it will neither be in tune with the es-tablished principles of interpretation nor with theexigencies and requirements of the present day so-ciety to confine its application to the proceedingsin domestic Courts. The phenomenal Increase ineconomic and social activities at international levelwithin the recent past has given rise to various con-tracts and transaction amongst persons belongingto different nationalities and consequently, contro-versies and conflicts cropped up, which some timeculminated into litigation, situations may arise ashappened in the instant case, where recourse to ju-dicial remedy may fail simply because the Court ofa country lacks jurisdiction and by the time pro-ceedings are instituted in a Court of Pakistan, thelaw of limitation comes in the way and prohibits en-tertainment or consideration of dispute on merits.


Thus one, who has a right is deprived of the remedy.It cannot, therefore, be aptly held that proceedingsonly in Municipal Court is the sine quo non foravailing relief under section 14 of the LimitationAct; for such an interpretation will be against theconcept of equity which has been stated as follows:–

“All great systems of Jurisprudencehave a mitigating principle or set ofprinciples by the application of whichsubstantial justice may be attainedin particular cases wherever the pre-scribed or customary forms of ordinarylaw seem to be inadequate. From thepoint of view general Jurisprudence‘equity’ is the name which is given tothis feature or aspect of law in gen-eral.” (American Jurisprudence, 2ndEdition page 516).

“Equity” cannot of course be invoked againstwhat the law speaks in positive terms but whenthere is room for play, Court can verily rely onequity to put a liberal interpretation to save, other-wise, good case from being non-suited. The conceptof access to justice is no doubt well-recognised rightbut within the parameters of the Law.

All legislation is primarily territorial, and alimit must be placed upon the general sense of aword used in a statute with reference to that thestatute which compels the Court to interpret theword in its wide sense. The words of a statute,though to be given their grammatical sense, areto be construed also with reference to the generalpurpose of the statute.

Turning now to the Limitation Act, its pream-ble shows that the “Courts” to which it applies areCourts in Pakistan, not foreign Courts. The wordmust be read in that restricted sense, or else the ab-surdity would follow that the Legislature intendedto provide a “law relating to the limitation of suits,appeals and certain applications” for Courts out-side its jurisdiction. And if that is the restrictedmeaning of the word as used in the Preamble, thesame meaning must be attached to the word whereit occurs in the enacting portions of the Act, unlessthe enactment is itself so clear and unambiguous asto show that the Legislature intended a departurefrom that meaning in the case of any particularsection of the Act. Neither expressly nor by neces-sary implication has the Legislature made any such

purpose apparent in the Limitation Act. The im-plication is rather the other way. Section 11 of theAct relates to a “suit on foreign contracts”; and Ar-ticle 117 to Schedule I of the Act provides a periodof limitation for a suit upon “a foreign judgment”.Whenever, therefore, the Legislature intended any-thing relating to a foreign State to be brought in, ithas provided for it by express language. It is a fairinference from it that, had the Legislature intendedto include a foreign Court in the word “Court” insection 14, it would have said so.

In this connection, the scheme of the Code ofCivil Procedure needs examination with referenceto foreign Court, because the Code and the Limita-tion Act are in pari materia; both are laws of proce-dure. The Code does not define the word “Court”,and that for the obvious reason that it applies pri-marily to the Courts on whom the Code is binding.But it defines “a foreign Court”, “foreign judg-ment” and wherever it intended that any section ofthe Code should apply to any judgment or proceed-ing of that Court, it has said so in distinct terms,as, for instance, in section 13. By section 13 of theCode, the judgment of a foreign Court is placed onthe same footing as that of a Court to which theCode applies, not in all but only in some cases andfor a certain purpose. That judgment is conclusiveas to any matter “directly adjudicated upon” butonly upon certain conditions, one of which is thatit must be a judgment “given on the merits of thecase”. Where it is not so given, the foreign Courtis not recognised by the Code as being on the samefooting with Court in Pakistan, to which the Codeapplies. A judgment of a foreign Court, dismissinga suit on the ground that it has no jurisdiction totry it, is not a judgment on the merits. If a foreignCourt, which has dismissed a suit for want of juris-diction, is not equivalent to a Court to which theCode applies, so far as its judgment dismissing thesuit is concerned, it follows that the Legislature didnot intend the word “Court” to include a foreignCourt in cases to which such judgments relate.

Again, by section 10 of the Code it is enactedthat no Court shall proceed with the trial of anysuit, in which the matter in issue is also directlyand substantially in issue in a previously institutedsuit between the same parties, where such suit ispending in the same or any other Court in Pak-istan having jurisdiction to grant the relief claimed,or in any Court beyond the limits of Pakistanestablished or continued by Federal Government


and having like jurisdiction or before the SupremeCourt. Then there is an “explanation” added at“the pendency of a suit in a foreign Court does notpreclude the Courts in Pakistan from trying a suitfounded on the same cause of action”. There was,strictly speaking, no necessity for this explanation,because the words of the section restrict its scopein plain language to Courts which exclude a for-eign Court. Therefore, the fact that it is added asan “explanation” to the section is important. Hadthe Legislature intended the word “Court” to meanany Court, whether Pakistani or foreign, it wouldhave called that a proviso or an exception which ithas called an “explanation”. The explanation must,therefore, be regarded as having been added ex ma-jore cautela, and it throws lights on the intention ofthe Legislature that the word “Court” should notinclude a “foreign Court” unless it has that mean-ing given to it expressly or by necessary implicationin the Code.

Article 55 of the Qanun-e-Shahadat Order canalso be referred which relates to judgment in rem,the judgments of all competent Courts includingforeign, in the exercise of probate, matrimonial, ad-miralty, or insolvency jurisdiction. The word “com-petent Court” in that section includes a foreignCourt, because of the well-known rule of law thatsuch judgments are of “ubiquitous authority anduniversally conclusive”. This section in the Qanun-e-Shahadat Order supports the conclusion that theword “Court”, occurring in a statute, excludes aforeign Court, unless by express language or by nec-essary implication the statute includes it, or somewell-known rule of law warrants the wider sense.

Nevertheless, similar question also came beforeFull Bench of Rajasthan High Court in Firm Ram-nath Ramachandra v. Firm Bhagatram & Co. AIR1959 Rajasthan 149, through a reference involvingquestion that a party who has been prosecuting aproceeding bona fide in a foreign Court can alsotake advantage of the benefit of the section 14 ofLimitation Act, and deduct the period spent inprosecuting the proceeding before such Court whenthe proceedings are subsequently instituted in aproper Court of the country. The reference was inthe following terms:–

“Whether advantage can be taken un-der section 15 of the Kishangarh StateLimitation Act, corresponding to sec-tion 14 of-the Indian Limitation Act,

of the pendency of a suit in the Courtsof the erstwhile territory of the Ajmer-Merwara, in subsequent suit in Kis-hangarh Court in view of the accessionof Kishangarh State to the Dominionof India, and thereafter its becominga part of the Union of India, and spe-cially the merger of the erstwhile Stateof Ajmer with Rajasthan under theStates Reorganisation Act, 1956?”

The Full Bench was of the view that no doubt,the Preamble to the Act shows that the “Courts” towhich it applies are Courts in India and not foreignCourts. It is also true that all legislation are pri-marily territorial and that the limitation Act wasenacted to be applied by the Courts of the countryfor which it was made and not by Foreign Courts.But that is no reason why the word “Court” shouldnot be given a wider meaning so as to include pro-ceedings in a foreign Court also if the subject orcontext in which it is used in the section wouldjustify that meaning being given.

To reach above conclusion, the Bench observedthat section 14 contains a general principle whichis based on justice, equity and good conscience andit would not be proper to place a narrow construc-tion upon the word “Court” in it. The provisionhas been made to give relief to honest suitors orapplicants who prosecute their suits or applicationwith due diligence in another Court in good faithand then their suits or applications are dismissedsimply because the Court is unable to entertainthem on account of some defect in its jurisdictionor some other cause of alike nature. If that is sothere is no reason why time spent bona fide only inmunicipal Courts by honest suitors should be ex-cluded and why the time spent in foreign Courtsshould not be excluded. The Bench brushed asidethe objection that section 14 would appear to con-tain extra-territorial law in case the word “Court”appearing therein in its wider sense by observingthat “we think that it is not proper to say thatsimply because the word “Court” was used in thesense of the Courts of British India in the coun-try in the preamble, the same meaning must beattached to the word wherever it occurs in the en-acting portions of the Act without looking to thesubject context in which it has been used”. It fol-lows, therefore, that the word “Court” need notnecessarily be interpreted to mean “Courts” of the


country as shown in the Preamble if a differentmeaning appears from the subject or context inwhich the word is used.

The facts of the instant case are similar to thefacts of firm Ram Nath Ramchandra, except thatsection 15 of the Kishangarh State Limitation Actwas exactly in the same language of the section 14of Limitation Act, whereas, to the present case, itis not brought to the notice of this Court, if similarprovision to the section 14 of the Limitation Act,governs the proceedings of Federal District Court,New York.

The peculiarity of the matter requires dynamicapproach by the Court. The cause emanates fromthe provision of Carriage of Air (Warsaw Conven-tion) Act, 1966 (a special Law). Article 28 of War-saw Convention provides four fora: (1) the domicileof the carrier; (2) principal place of business of thecarrier; (3) the forum in which the carrier has aplace of business through which the contract wasmade; or (4) the place of destination. The same forahave been engrossed in rule 28 of the Schedule ofthe Act, 1966 and the suit could have been filed (1)in Germany, which is domicile of the defendant car-rier, (2) at principal place of business, which mighttie other than the place of domicile, 3) a place ofbusiness through which contract was made whichmight be in a third country and (4) the destinationviz. Karachi. While dealing with such matter underspecial enactment which provides different forum,as in the instant case, the Courts’ approach shouldbe dynamic and it should bear in mind that un-less there are some compelling reasons, the partyshould not be non-suited simply because the Courtof a country lacks jurisdiction and by that timeproceedings are instituted in a Court of Pakistanand prohibits the institution of cause. I am of theopinion that Court can exclude the period spent inthe proceedings of the same nature before foreignCourt under the “concept of advancement of rem-edy and suppression of mischief”. If the legislationlags, equity will come to the rescue and the Lawis to be developed and adopted by the Judge tothe needs of the members of his society. Even oth-erwise “New days may bring the people into newways of life and give them new outlooks and withthis changes, there may come a need for new rules

or law”. (Current Legal Problems, 1932, Volume 5,Stevens & Sons Ltd., London).

In the instant case, the proceedings before Dis-trict Court at New York were on the same causeof action and assumption of jurisdiction has beendeclined on jurisdictional defect. The proceedingwas of “civil nature” and on the same cause of ac-tion, the plaintiff has also demonstrated that hewas prosecuting his remedy with due diligence andbonafidely. The first four ingredients of section 14of the Limitation Act can be said to be present. Iam inclined to follow the judgment of Full Benchof Rajasthan High Court to Firm Ramnath Ra-machandra v. Firm Bhagatram & Co. (supra), andunder the concept of “advancement of remedy andsuppression of the mischief”. I am of the opinionthat the benefit of section 14 of the Limitation Actis extendable to the instant case on its peculiarity,for exclusion of the period spent by plaintiff in pro-ceedings before District Judge, New York. Thus,benefit is extended to the plaintiff. Resultantly, theC.M.A. 9059 of 2001 is granted.

Turning to the question of availability of rightto sue or its extinguishment, on exclusion of theperiod spent by the plaintiff in prosecuting civilproceedings before District Court, New York, suitwould not be in time.

Article 29 of Schedule I of the Act, 1966 pre-scribes, if an action is not brought within two yearsthe right is extinguished and the period is to bereckoned from the date of arrival. In the instantcase, the date of arrival of flight at the destinationis June 1, 1997. The presentation date is 3-12-2001, if the period of about two years four months(July 6, 1998) to (October 18, 2000), spent in theproceedings before District Judge, New York is ex-cluded, even then, the suit would be barred underArticle 29, by two months. The suit having beenfiled after the extinguishment of right to sue, isbarred by time. Resultantly, the plaint is rejectedby exercising the power under section 3 of the Lim-itation Act.

Before parting with the order, I would like torecord my appreciation for the valuable assistanceprovided by learned amicus curiae, in resolving thepoint of law involved in this case.

Order accordingly.


3.3 Associated Biscuits International Limited v. English BiscuitsManufacturers (Pvt.) Ltd. (EBM) & Others (2003 CLD 815)

Dates of hearing: 8th, 16th, 24th May and 16th 2002.JUDGEMENT

Shabbir Ahmed, J.: The petitioner throughthe present petition under section 290 of the Com-panies Ordinance, 1984 (the Ordinance in short)seeks following order complaining oppressivenesson the part of the majority shareholder—

(1) Declaration that the decision of the Boardof Directors at their meeting held on 22-1-1999 per-taining to further issue of shares to finance theacquisition of CFL shares and all actions in pur-suance thereof are unlawful, fraudulent and of nolegal effect.

(2) Suspension of the decision dated 22-12-1999of the Board of Directors of the respondent No.1(i.e. respondents 2–7) to further issue shares to fi-nance the acquisition of CLF shares owned by therespondents Nos.2, 3, 5, 6 and 7.

(3) Injunction restraining the respondents fromacting upon the decision of the Board dated 22-12-1999.

(4) Direction to the respondent Nos.2–7 tocease and desist their direct and indirect efforts tobrowbeat and oppress the petitioner into reducingtheir shareholding by resorting to mala fide acts ofoppression.

2. It is necessary to refer briefly to, the relevantpart of the proceedings and the history of formationand composition of respondent English BiscuitsManufacturing (Pvt.) Ltd. (EBM in short), beforeexamining the allegations of oppression made bythe petitioner against the majority.

As a result of agreement between Peek Freans& Co. Ltd. and the House of Manji (Investment)Limited and M. Manji, a joint venture companywas incorporated in 1965, in the name and styleof PEEK FREAN (PAKISTAN) LIMITED. Thesponsor Peek Frean & Company-UK. (PF) hadan equity of 25.25% and local sponsors 74.75% inthe Company. A year later i.e. 1966, the name ofthe company was changed from PEEK FREAN(PAKISTAN) LIMITED to its present name i.e.ENGLISH BISCUIT MANUFACTURERS (PRI-VATE) (EBM). Similarly, the name of ’ Peek Frean& Company-UK was changed to Associated Bis-cuits International Limited-UK i.e. the petitioner(ABIL in short). The EBM is primarily engaged

in manufacture of biscuits and other confectioneryproducts in Pakistan. The respondent No.2 is itsManaging Director, whereas, the respondents 3 to7 are the Directors. The entire board of EBM withthe exception of respondent 7 are family membersof the respondents 2 and 3. Since 1993, ABL hasneither representation on the Board of Directors ofEBM, nor any other managerial or executive influ-ence pertaining to its affairs. EBM, presently, holdsfifty-one percent shareholding in Coronet Foods(Pvt.) Limited (CFL in short), a private limitedcompany, subsidiary of EBM, whereas, respondents2, 3, 5, 6 and 7 collectively hold 1,135,000 sharesrepresenting 49% shareholding of CFL and the re-spondents 2 and 3 are the Managing Director andDirector of CFL respectively. It is the case of theABL that on 30-8-1999, notice for 34th AnnualGeneral Meeting of EBM was issued with Direc-tor’s report ending 30-6-1999, inter alia, AgendaNo.3 was in respect of the acquisition of 49% equitystake in CFL by EBM to make it wholly owned sub-sidiary and to avoid conflict of interest. The itemof agenda No.3 reads as follows:—

3. ACQUISITION OF 49.0% EQ-UITY STAKE IN CFL (EBML’S SUB-SIDIARY).

The Board of Directors in its meeting heldon 30th August, 1999, has in principle,considered to acquire 49.0% shares fromindividual shareholders of CFL at a fairvalue to be determined/ settled with thepresent shareholders based on valuationof CFL’s shares being carried out by theAuditors of CFL M/s. A.F. Ferguson &Co., Chartered Accountants (Price Wa-ter House Coopers) and M/s. Sidat HyderMarshed Associates (Pvt.) Ltd. (ArthurAndersen) on behalf of the proposed buyer(EBML). The move to make CFL a whollyowned subsidiary of EBML is to achievethe objectives of treating, manufacturingand marketing synergies through horizon-tal integration of the two companies. Theproposed acquisition of 49.0% shares inCFL is intended to be funded through a


raise in paid-up capital of EBML. The fi-nal decision in this regard will be made indue course.

The above item/agenda was placed in AnnualGeneral Meeting held on 8-10-1999. Mr. Zahid F.Ibrahim, representing the ABL on proxy, conveyedABL point of view on acquisition of the additional49% shares in CFL by EBM in following terms:–

We agree in principle with this plan inso-far, as ‘it would put to an end the “Con-flict of Interest” situation. It is imperativethat the valuation be made on a trans-parent basis taking into account recurringprofit and relationship between EBM andCFL. Therefore, we request for the detailsof term of reference given to A.F. Ferguson& Co. and Seedat Hyder Murshed Asso-ciates (Pvt.) Ltd. We would also requestfor the clarification as to final valuationbased on two valuation of different Audi-tors.

On 2-11-1999, ABM addressed letter to therespondents, on receipt of the certified copy of min-utes of the 34th Annual General Meeting held on18-10-1999, maintaining that there has been no re-sponse to their request for (i) copy of detailed termsof reference provided to M/s. A.F. Ferguson & Co.and M/s. Sidate Hyder Morshed Associates, thenominated auditors and also (ii) the clarification asto final valuation based on the reports of two dif-ferent auditors pertaining to the valuation of CFLshares. EBM through its letter dated 11-11-1999; inacknowledgement of the ABM letter forwarded theterms of reference provided to the Auditors /Valu-ators, regarding clarification on final value of CFLshares, it was stated that both of them have sofar not submitted their reports. As and when theirreports are submitted, the final value shall be de-termined after due consideration and approval ofthe Board. It is the case of the ABM that therespondents 2 to 7 in complete disregard of theirobligations under the law and without any intima-tion to them who are majority shareholders of EBLproceeded to arbitrarily decide the matter of val-uation of the shares in the meeting of the Boardof Directors held on 22-12-1999. It is the case ofthe ABM that on 16-1-2000, they received noticedated 14-1-2000 pursuant to the Article 7 of theCompany in respect of further issue of 2,020,000shares of Rs.10 each and ABL was offered 808,000shares from the aforesaid Right Issue, according to

their entitlement, and they were required to sig-nify their acceptance of the offer or part thereofwith payment by 26-1-2000 in the account of EBMwith the designated bank failing which the offer orthe balance thereof shall be deemed to have beendeclined and the Board shall be entitled to disposeof the same in such manner as it thinks most ben-eficial to the company.

The purpose/object for further issue of rightshare was disclosed in Part II of Statement undersection 86(3) of the Ordinance:–

(17) Proportion of new issue to exist-ing shares with any condition applicablethereto.Two ordinary shares of Rs.10 each foreach issued/paid-up share at a Premium ofRs.10 per share. The offer shall be deemedto be declined if not subscribed by 26-1-2000.(18) Pursuant of the present issue spec-ifying the main projects/ objects forwhich additional funds required. To ac-quire 2,450,000 ordinary shares of Rs.10each (49.0%) at a fair value/price of Rs.20per share from individual shareholdersof M/s. Coronet Foods (Private) Limitedwhich is presently owned by EBML to theextent of 51%. The acquisition shall costaround Rs.49.0 m which shall be financedto the extent of Rs.40.40m through issue ofcapital and the balance shall be financedthrough encashment of short term invest-ment.

ABM became aware of the purported 22-12-1999 decision of the Board when, they receivedletter dated 14-1-2000 on 16-1-2000. Significantlythe valuation report of the auditors were not pro-vided to the ABL until 18-1-2000. The decisionof the Board of Directors of EBM to purchaseCFL shares at 100% premium by issuing furthershares smacks of undue personal enrichment andoppression of minority shareholders. The valuationof CFL shares have been manoeuvred to the unduepersonal advantage of the respondents 2 to 7 whichhave been artificially inflated to a ridiculous 100%premium value through a non-transparent processwhere the sellers have manoeuvred the price atwhich EBM (of which the ABM holds 40% share)is being compelled to purchase CFL shares whichhas. been done for no reason other than to per-sonally benefit the respondents 2 to 7. It was alsotheir case that valuation report of auditor M/s.


Ferguson dated 6-12-1999 clearly specifies that thevaluation report is based on the forecast and actualresult could differ from the forecast since antici-pated events frequently do not occur as expectedand variations may be material. It was also pleadedthat forecast has been prepared by respondents 2and 3. Thus the valuation reports have no credi-ble value is based on information manoeuvred byrespondents 2 to 7, who are directly interested inthe purchase of CFL shares by compelling the pur-chase CFL shares at an inflated value of Rs.20, therespondents 2 to 7 are determined to cause loss tothe respondent 1 and to cause personal benefit tothe respondents 2 to 7 and grave prejudice to theinterests of the ABL. Therefore, the efforts of therespondents 2 to 7 to improperly acquire the sharesof CFL at ridiculously inflated value are mala fide,oppressive and fraudulent.

3. Alongwith petition, C.M.A. No.126 of 2000under section 292 of the Companies Ordinance readwith Order 39, rules I and 2, C.P.C. was also filedfor suspension of the decision of the Board of Di-rectors dated 22-12-1999 to issue shares to financethe acquisition of CFL shares owned by the re-spondents 2, 3, 5, 6 and 7 and to restrain therespondents from acting thereupon in any mannerwhatsoever.

4. On 26-1-2000, the parties were directedto maintain the status quo. After hearing theparties counsel, perusal of the petition, counter-affidavit, affidavit-in-rejoinder, the application re-ferred to above was disposed of with the followingdirections:–

(a) That the respondents are to supply to thepetitioner the entire material/record including thecopies of reports of Iqbal Nanji & Company to thepetitioner within a period of 7 days;

(b) thereafter the respondent No.1 to approachthe two auditors namely M/s. A.F. Ferguson & Co.,Chartered Accountant and Sidat Hyder MurshedAssociates (Pvt.) Ltd. for once again carry out theexercise to determine the value of shares of CFLby associating all parties including the petitionerafter due notice and submit report to the companywithin a reasonable time the auditors will be atliberty to call for any other material or document/report/ evidence for reaching the right conclusion.The petitioners to bear the cost of the auditors forthe exercise to be carried out by them hereinabove;

(c) the respondent-company if wishes to in-crease share capital is directed to call the general

body meeting of their shareholders as provided un-der section 92(3) of Companies Ordinance, 1984;

(d) order dated 26-1-2000 will remain in forcetill compliance of the above directions.

5. The respondents impugned the order in HighCourt Appeal No. 163 of 2000 which was disposedof by consent by order dated 5-10-2001, wherebyfollowing part of para.9 of the impugned order wasdeleted:–

’but they have to invoke the provisionsof section 92(3) ibid for its final ap-proval.’

The deletion of the above phrase, from the or-der, necessitated as the dispute apparently pertainsto the increase in the paid-up capital covered undersection 86 of the Ordinance.

6. On 4-12-2001, C.M.A. No.3518 of 2001 wasfiled by ABL against the respondents 2 to 7 com-plaining disobedience and breach of order dated15-3-2000 with further request for suspension ofall the actions illegally taken by the respondentsas, stated in their letter dated 22-10-2001, withdirection to the parties to maintain status quo,supported by affidavit of Farrukh M. Junaidy, at-torney of ABL. Number of documents covering thecorrespondence exchanged between the ABL, theircounsel, auditors, EBM and their counsel were alsoplaced on record.

The application referred to above has been re-sisted /opposed by filing counter-affidavit, with de-nial of the allegation of disobedience /breach, withthe plea that after compliance of clauses (A) and(B) there was no prohibitory order in the field asthe order dated 26-1-2000 was to remain in forcetill compliance of the directions which were madeby the respondents on 20-9-2001, thereafter, theposition of order dated 26-1-2000 with substituteddated 5-10-2001 (disposal of the HCA), the peti-tioner failed to signify their acceptance to purchasethe right shares, on their failure, their shares wereissued to other shareholders in accordance with sec-tion 86(7) of the Ordinance. Numerous documentswere also placed alongwith the counter-affidavit,rejoinder was also filed.

It is also to be noted that though the respon-dents have contested the interlocutory applicationsbut have not filed any counter-affidavit in opposi-tion of the main petition.

7. In intent to dispose of main petition and theC.M.A. No.3518 of 2001 by common order as the


petition and application have been argued by coun-sel of both parties together.

8. Before I deal with the respective contentionsraised, it will be necessary to keep in view the scopeof the jurisdiction of the Company Judge, under theprovisions of section 290 and section 291 of the Or-dinance. The relevant provisions of the CompaniesOrdinance, 1984 are found in Part x dealing withPrevention of Oppression and Mismanagement. Inthe instant proceeding, I will be concerned with thesections 290 and 291 of the Ordinance, which readas follows:—

“290. Application to Court.—(1) Ifany member or members holding notless than twenty percent of the issuedshare capital of a company, or a credi-tor or creditors having interest equiva-lent in amount to not less than twentyper cent. of the paid-up capital of thecompany, complains or complain, orthe Registrar is of the opinion, that theaffairs of the company are being con-ducted, or are likely to be conducted,in an unlawful or fraudulent manner,or in a manner not provided for inits memorandum, or in a manner op-pressive to the member or any of themembers or the creditors or any of thecreditors or are being conducted in amanner prejudicial to the public inter-est, such member or members or, thecreditor or creditors, as the case maybe, the Registrar may make an appli-cation to the Court by petition for anorder under this section.

(2) If, on any such petition, the Courtis of opinion–

(a) that the company’s affairs are be-ing conducted, or are likely to be con-ducted, as aforesaid; and

(b) that to wind-up the companywould unfairly prejudice the membersor creditors;

the Court may, with a view to bring-ing to an end the matters complainedof, make such order as it thinks fit,whether for regulating the conduct ofthe company’s affairs in future, or for

the purchase of the shares of any mem-bers of the company by other mem-bers of the company or, by the com-pany and, in the case of purchase bythe company, for, the reduction ac-cordingly of the company’s capital, orotherwise.

(3) Where an order under this sectionmakes any alteration in, or addition to,a company’s memorandum or articles,then, notwithstanding anything in anyother provision of this Ordinance, thecompany shall not have power with-out the leave of the Court to make anyfurther alteration in or addition to thememorandum or articles inconsistentwith the provisions of the order; andthe alterations or additions made bythe order shall be of the same effect asif duly made by resolution of the com-pany and the provisions of this Ordi-nance shall apply to the memorandumor articles as so modified accordingly.

(4) A copy of any order under thissection altering or adding to, or giv-ing leave to alter or add to, a com-pany’s memorandum or articles, shallwithin fourteen days after’ the makingthereof, be delivered by the companyto the Registrar for registration and ifthe company makes default in comply-ing with this subsection, the companyand every officer of the company whois knowingly and wilfully in defaultshall be liable to fine which may ex-tend to five thousand rupees and to afurther fine not exceeding one hundredrupees for every day after the first dur-ing which the default continues.

(5) The provisions of this section shallnot prejudice the right of any personto any other remedy or action.

291. Powers of Court under section290.—Without prejudice to the gener-ality of the powers of the Court undersection 290, an order under that sec-tion may provide for–

(a) the termination, setting aside ormodification of any agreement, howso-ever, arrived at between the company


and any director, including the chiefexecutive, managing agent or other of-ficer, upon such terms and conditionsas may, in the opinion of the Court bejust and equitable in all the circum-stances;

(b) setting aside of any transfer, de-livery of goods, payment executionor other transactions not relating toproperty made or done by or againstthe company within three months be-fore the date of the application whichwould if made or done by or against anindividual, be deemed in his insolvencyto be a fraudulent preference; and

(c) any other matter, including achange in management, for which inthe opinion of the Court it is justand equitable that provision should bemade.”

The perusal of the section 290 reproducedabove shows that the power /jurisdiction of theCompany Court can be invoked by—

(1) any member or members holding not lessthan twenty per cent. of the issued share capital;or

(2) a creditor or creditors having interest equiv-alent in amount to not less than twenty per cent.of the paid-up capital; or

(3) The Registrar when he is of the opinion,that the ground mentioned the section exists forseeking interference of the Court.

The causes which are to form basis of a petitionunder section 290 are:—

(a) That the affairs of the company are or arelikely to be conducted in an unlawful or fraudulentmanner;

(b) that the affairs of the company are beingconducted in a manner not provided for in its mem-orandum;

(c) that the affairs of the company are beingconducted in a manner oppressive to the memberor any of the members or the creditors or creditors;

(d) that the affairs of the company are beingconducted in a manner prejudicial to the public in-terest.

It may also be noticed that in addition to gen-eral power of the Court under section 290, an orderunder that section may invoke for—

(a) the termination, setting aside or modifica-tion of any agreement, howsoever arrived at be-tween the company and any director including theChief Executive, Managing agent or other officer,upon such terms and conditions as may, in the opin-ion of the Court, be just and equitable in all thecircumstances;

(b) setting aside of any transfer, delivery ofgoods payment, execution or other transaction notrelating to property made or done by or againstthe company within three months before the dateof application which would, if made or done by oragainst an individual, be deemed in his insolvencyto be a fraudulent preference; and

(c) any other matter including a change in themanagement for which in the opinion of the Courtit is Just and equitable that provision should bemade.

8. The remedy provided by section 290 is ofa preventive nature so as to bring to an end tooppression and mismanagement on the part of con-trolling shareholders and not to allow its continu-ance to the detriment of the aggrieved shareholdersor the company. The remedy is not intended to en-able the aggrieved shareholders to set at naughtwhat has already been done by the controllingshareholders in the management of the company.The section does not confer any power on the Courtto set aside or interfere with past or concludestransactions between a company and third partieswhich are no longer continuing wrongs. The provi-sions are essentially intended to control and preventoppression of the rights of the minority sharehold-ers and mismanagement by the majority, actuallyalternative to winding-up proceedings.

In order to invoke the jurisdiction of the com-pany Judge under section 290 it must be made outthat the company’s affairs are being conducted in amanner prejudicial to public interest or oppressiveto any member or members of the company and thefacts justify the making of a winding-up order, butat the same time, making such winding-up orderwould unfairly prejudice such member or members.The provisions are essentially intended against thetyranny of the majority against the minority share-holders.

The power of the Court under these provisionscannot be read as subject to the provisions con-tained in other chapters which deal with normalcorporate management of the company. An analy-sis of the sections contained in Chapter X of the


Ordinance would also indicate that the powers ofthe Court under section 290 or 291 cannot be readas being subject to the other provisions containedin sections dealing with corporate management ofthe company in normal circumstances with excep-tion to application of the provisions of the sections410 to 417 of the Ordinance. The topic or subjectsdealt by Chapter X are such that it .becomes im-possible to read any such restriction or limitationon the powers of the Court: Without prejudice tothe generality of the powers conferred on the Courtunder section 290, section 291 proceeds to indi-cate what types of orders the Court could pass.Under clause (c) of the section 291, the Court’s or-der may provide for any other matter for which,in the opinion of the Court it is just and equitablethat provision should be made. The only limita-tion can be impliedly read on ’the exercise of thepower would be that nexus must exist between theorder that may be passed thereunder and the ob-ject sought to be achieved by those sections andbeyond this limitation, which arises by necessaryimplication, it is difficult to read any other restric-tion or limitation on the exercise of Court’s power.Further section intended to avoid winding up ofthe company, if possible, and keep it going while atthe same time relieving the minority shareholdersfrom the acts of oppression and mismanagementor preventing its affairs from being conducted in amanner prejudicial to public interest and, with suchobjective the Court has power to interfere with thenormal corporate management of the company.

9. After dilating on the scope of sections 290and 291 with reference to the pre-conditions forthe exercise of jurisdiction and limitation on exer-cise of such jurisdiction, I now venture to addressthe contentions raised:

10. Mr. Zahid F. Ebrahim, learned counsel forthe petitioner contention was that the respondents2 to 7. controller of the affairs of the EBM, havetaken a decision in board meeting dated 22-12-1999 to purchase CFL share at 100% premium byissuing further shares smacks of undue personalenrichment and oppression of minority sharehold-ers. The valuation of CFL shares have been ma-noeuvred to the undue personal advantage of therespondents 2 to 7 which have been artificially in-flated to a ridiculous 100% premium value througha non-transparent process where the sellers havemanoeuvred the price at which EBM is being com-pelled to purchase CFL shares which has been done

for no reason other than to personally benefit therespondents 2 to 7. He also pointed out that val-uation report of Messrs Ferguson dated 6-12-1999clearly specifies that the valuation report is basedon the forecast and actual result could differ fromthe forecast since anticipated events frequently donot occur as expected and variations may be mate-rial. Therefore, his contention was that such reporthave no credible value based on information ma-noeuvred by respondents 2 to 7, who are directlyinterested in the purchase of CFL shares by com-pelling the EBM to purchase CFL shares at aninflated value of Rs. 20, thus loss to EBM and tocause personal benefit to the respondents 2 to 7and prejudicial interest of the petitioners. His con-tention was that efforts of the respondents 2 to 7to improperly acquire the shares of CFL at ridicu-lously inflated value are mala fide, oppressive. Hisfurther contention was that the respondents 2 to7 have duel position, i.e. purchaser and seller andthe petitioner is being made to pay for the benefitbeing made by the respondents 2 to 7 as the pur-chase is being financed by further issue of sharesof EBM, which is oppressive if the petitioner, doesnot subscribe to further issue of shares to financeprofit being illegally made by respondents 2 to 7,the petitioner’s shareholding would be diluted from40% to 13%.

His further contention was that it is the latestact in the series of mala fide manoeuvre and actsof oppression of respondents 2 to 7 aimed at eitherousting the petitioner from the EBM or diluting itsshareholding. He referred the J.M. No-11 of 1999filed by the petitioner against, the respondents 2 to7, with regard to forcible acquisition of petitioner’sshares and referred, particularly, sub-para. V ofpara. 3, containing the resolution dated 26-12-1998of 33rd Annual General Meeting whereby Boardwas authorized (a) to direct ABIL/DANONE toend the grave, wrongful and unlawful ’Conflict ofInterest’ situation by disinvesting its shareholdingin and sever its relations with CBL and (b) stopproviding support, technical assistance and knowhow, and (2) should DANONE (40% shareholdersin EBM through ABIL) decline or fail to complywith resolutions (a) and (b) above within sixty dayshereof, it shall be deemed that oppression, miscon-duct and breach of fiduciary obligations and ABILis liable to forfeit its right to continue as member in’EBM and the Board is authorized in such event of


non-compliance of Resolutions (a) and (b) to trans-fer 40% shares held by ABIL to other shareholderson prorata basis at fair value in Pound Sterling tobe determined and certified by the Auditors. Hisfurther contention was that the Court has takennotice of J.M. No.11 of 1999 in order dated 15-3-2000 in the following terms:—

The petitioners filed affidavit-in-rejoinder wherein they have reiteratedthe contentions and grounds raised inthe petition and the affidavit. In ad-dition they have also placed a copyof J.M. No. 11 of 1999 pending be-tween the same parties under section290 of the Companies Ordinance. Inthe said petition the resolution dated26-12-1998 passed by the companywhereby the shares owned by thepetitioners have been decided to betransferred to other shareholders hadbeen challenged; the Court granted in-terim injunction on 15-3-1999 againstthe respondents: the petition and theapplication are pending for final adju-dication.

He pointed out that the above petition on thebasis of statement made on behalf of the respon-dents was disposed of as they have withdrawn theresolution for the forcibly acquisition of the peti-tioner’s shares.

11. Conversely, Mr. Shaiq Usmani, represent-ing the respondents’ contention was that in theAnnual General Meeting held on 18-10-1999 thepetitioner’s representative agreed for the resolu-tion of the conflict of interest through purchasing49% shares of CFL. The method of financing thepurchase of shares was clearly mentioned in theDirector’s report presented at the annual generalmeeting by raising capital by issuing fresh shareswhich was adopted in the annual general meeting.The objection as to the valuation report based onforecasts provided by the respondents, his plea wasthat the same was provided to the petitioner on18-1-2000 and subsequently Board through its res-olution dated 22-12-1999 approved the issuance offresh shares under section 86 of the Ordinance atthe premium of Rs.10 per share. His further con-tention was that issuance of fresh shares was interms of section 86 of the Ordinance. Mr Shaiq Us-mani, learned counsel for the respondents referred

Single Bench judgment of Lahore High Court inShahbazud Din Chaudhry and 27 others v. MessrsService Industries Textiles Limited (PLD 1988 La-hore 1), (a case pertaining to a public limited com-pany), on Court’s power to interfere in the work-ing of internal management, wherein three princi-ples of company law, approved by Indian SupremeCourt in Shanti Prasad Jain v. Kalinga Tubes Ltd.(AIR 1965 SC 1535) were adopted. These principlesare:—

(a) Unless misconduct complained hasproduced insolvency, an order forwinding-up under just and equitable’clause would not be made;

(b) that the Courts will not interveneat the instance of shareholders in mat-ters of internal management of thecompany by directors so long as theyare acting within the powers conferredon them by the articles of the com-pany.

(c) that if there is lack of confidencethat would be the ground for an orderfor winding-up but that lack of confi-dence must arise not because the ag-grieved party is in minority but mustarise from the lack of probity in theconduct of the affairs of the company.

Mr. Shaiq Usmani also referred the restrictiveinterpretation to section 210 of English CompanyAct by the Court of appeals in re; Jermyn StreetTurkish Baths Ltd. ((1971) 3 All. 184), reproducedby the learned Single Judge in para 27 at page 29of the report as follows:—

The affairs of a company could onlybe said to have been conducted ina manner oppressive to some part ofthe members of the company whereshareholders having a dominant powerin the company, either exercised thatpower to procure that something wasor was not done in the conduct of thecompany’s affairs or procured by anexpress on implied threats of an ex-ercise of that power that somethingwas not done in the conduct of thecompany’s affairs to amount to op-pression such conduct must be unfair


or burdensome, harsh and wrongful tothe other members of the company orsome of them and lack that degree ofprobity which they were entitled to ex-pect in the conduct of the company’saffairs; oppression which was unfair tothem as the result of some overbear-ing act or attitude on the part of theoppressor.

Mr. Shaiq Usmani also referred para.29 of thereport which is based on the view expressed bySupreme Court of India in N.I.I. Ltd. v. N.I.H. Ltd.(AIR 1981 SC 1298), which reads as follows:—

“29. Some of the important principleswhich clearly emerge from the prece-dents analysed above are that unwise,inefficient or careless conduct of a di-rector in pursuance of his duties can-not give rise to a claim for relief un-der section 290, Companies Ordinance,1984. The person complaining of ’op-pression’ must show that he has beenconstrained to submit to a conductwhich lacks in probity or to a con-duct which is unfair to him and whichcauses prejudice to him in the exer-cise of his legal and proprietary rightsas shareholder and not as a directoror employee of the company. It is alsoclear that where the just and equi-table’ jurisdiction has been applied,the circumstances have always beensuch as to warrant the interferencethat there has been at least unfair con-duct, abuse of powers and an impair-ment of confidence in the probity withwhich the affairs of the company werebeing conduced as distinguished frommere resentment on the part of minor-ity at being out-voted on some issue ofdomestic policy.”

On the above premises, Mr. Shaiq Usmani con-tended that from the facts brought, there is nooppression insofar as respondents are concerned,all the decisions have been taken by the Board ofEBM in the interest of the company. The decisionto issue fresh shares was also known to the peti-tioner through the Directors’ report and provisions

of section 86 of the Companies Ordinance was fullycomplied with.

His contention was that it is necessary for theCourt to first arrive at a conclusion that the cir-cumstances brought out by the petitioners are suchthat the company ought to be wound-up and it isonly then that the Court can pass an order un-der section 290 and to support contention he hasreferred the case of Rajahumundry Electric SupplyCorporation Ltd. v. A. Nageshwara Rao and oth-ers (AIR 1956 SC 213), in the above case, interalia was pleaded that allegations in the applica-tion were sufficient to support a winding-up orderunder 162, and that, therefore, no action couldbe taken under section 153-C. The Bench consist-ing of Bose and Venkatarama Ayyar. Judges agreewith the contention that before taking action undersection 153-C, the Court must, .be satisfied thatcircumstances exist on which an order for winding-up could be made under section 162. It was furtherobserved that the true scope of section 153-C isthat whereas prior to its enactment the Court hadno option but to pass an order for winding-up whenthe conditions mentioned in section 162 were satis-fied, it could now in exercise of the powers conferredby that section make an order for its management-by the Court with a view to its being ultimatelysalvaged. Where, therefore, the facts proved do notmake out a case for winding-up under section 162,no order could be passed under section 153-C.

The sums and substance of the contention ofMr. Shaiq Usmani, learned counsel for the respon-dents was that neither the petitioner was able toestablish a case of oppressiveness nor the factsbrought could be the grounds for winding-up of therespondent 1, therefore, the petition has no merits.

12. The facts which emerge from the plead-ings are that petitioner ABIL shareholding in re-spondent 1 is 40%, whereas, 60% shares belong togroups of respondents 2 and 3, they can be catego-rized as ’ABIL Group’, ’K.B. Group & E.Q Group’i.e. three Groups. The respondent 1 is private lim-ited company.

13. Dealing with the true character of the com-pany in Scottish Cooperative Wholesale SocietyLtd. v. Meyer ((1958) 3 All ER 66) Lord Keithsaid that the company was in substance, thoughnot in law, a partnership, consisting of the soci-ety, Dr. Meyer and Mr. Lucas and whatever maybe the other different legal consequences followingon one or other of these forms of combination, one


result followed from the method adopted, ’which iscommon to partnership, that there should be theutmost good faith between the constituent mem-bers’. Finally, it was held that the Court, oughtnot to allow technical pleas to defeat the benefi-cent provisions of section 210. The rule as regardsthe duty of utmost good faith, on which stress waslaid by Lord Keith in Meyer, received further andcloser consideration in Ebrahimi v. WestbourneGalleries Ltd., (1973) AC 360 (HL) wherein LordWilberforce considered the scope, nature and ex-tent of the just and equitable’ principle as a groundfor winding-up a company and it was held by theHouse. of Lords that the words just and equitable’which occur in section 222 (f) of the English Act(corresponding to our section 305(h)), was not tobe construed ejusdem generis with clauses (a) to (e)of section 222 (corresponding to our clauses (a) to(g) of section 305). Lord Wilberforce observed thatthe words just and equitable’ are recognition of thefact that a limited company is more than a mere le-gal entity, with a personality in law of its own; andthat there is room in company law for recognitionof the fact that behind it, or amongst it, there areindividuals, with rights, exceptions and obligationsinter se which are not necessarily submerged in thecompany structure;

In re; Yenidji Tobacco Company Limited,((1961) 2 Ch. 426), Master of Rolls Lord Cozens-Hardy observed that in affirming the order he hadtreated it as a partnership, although it was strictlynot a partnership, for, according to him, preciselythe same principles ought to reply to a case likethis where in substance it is a partnership in theform or guise of a private company. It was a caseof winding-up of private limited company and thewinding-up order of company made by a learnedSingle Judge was upheld on appeal, as it was provedthat the two directors of the company were noton speaking terms, that the so-called meetings ofthe Board of Directors have been almost a farce orcomedy and no business which deserves the nameof business in the affairs of the company could becarried on.

The leading authority on the point in our coun-try is of Ladli Prasad Jaiswal v. The Karnal Dis-tillery Co. Ltd. (PLD 1965 SC 221), the apex Courtby adopting the principle enunciated in re: YenidjeTobacco Company Limited, said that ’now in caseof private limited company the tendency of theCourts has uniformally been to treat it more or less

as a partnership and to apply the same principlesin the winding-up of a private limited company aswould entitle a partner to have a partnership firmdissolved, commonly the exclusion of the partnerfrom the management of a firm, the existence of astate of deadlock between the partners or the jus-tifiable lack of confidence in the management havebeen regarded as just and, proper, grounds for dis-solving a private limited company:

The above principle was followed by this Courtin re: Kruddson Limited (PLD 1972 Karachi376) by late Justice Tufail Ali A. Rehman byobserving:—

“That the true position was that aprivate limited company, in the mat-ter of a winding-up petition, could betreated as a partnership firm in thesense only that such circumstances aswould justify the dissolution of a firmunder section 44 of the PartnershipAct, 1932, on the ground that it wasjust and equitable to order a firm tobe dissolved, would also justify thewinding-up of a private company butit was neither possible nor desirable,to attempt an exhaustive enumerationof the circumstances in which a Courtwould order a winding-up under thejust and equitable’ clause. It was fur-ther held that the right to participatein the management of the companydoes not mean the right exclusivelyto manage any part of the company’sbusiness and that the right of a share-holder is to participate by the exerciseof his voting rights in the managementof the company.”

In Messrs Nagina Films Ltd. v. Usman Hussainand others (1987 CLC 2263), a Division Bench ofthis Court comprising of Ajmal Mian anti Muham-mad Mazhar Ali, JJ., after examination of a num-ber of cases on the subject including Ladli PrasadJaswal case, enunciated inter alia, the following-principles:

(a) That principles of dissolution ofpartnership may be applied if the ap-parent structure of the company is notthe real structure and on piercing theveil it is found that is reality it is apartnership.


(b) Generally the exclusion of a part-ner from the management of the firm:existing of a state of dead lock betweenthe partners or justifiable lack of con-fidence in the management have beenregarded as just and proper groundsfor dissolving a private limited com-pany.

The same principles were followed by Mr. Jus-tice Mamoon Kazi in Iqbal Alam and another v.Messrs Plasticrafters (Pvt.) Limited and 4 others,(1991 CLC 589).

The proper interpretation of the principle laiddown by the apex Court in Ladli Prasad Jaiswal(supra) and followed in subsequent cases is that incase of winding-up, a private limited company maybe treated as a partnership firm to the extent aswould justify the dissolution of a partnership firmunder section 44 of the Partnership Act and thefollowing grounds, which are available to a partnerfor having a partnership firm dissolved, are alsoavailable to a shareholder for the winding-up a pri-vate limited company under the just and equitable’clause:—

(1) exclusion of a partner from themanagement of a firm;

(2) the existence of a state of deadlockbetween the partners; and

(3) justifiable lack of confidence in themanagement.

In the instant case, the respondent-company isa private limited company of three groups, peti-tioner’s ABIL Group, respondent’s K.B. Group andE.Q Group’, therefore, any attempt on the part ofrespondents to oust petitioner from the companyand/or dilute their shareholding is bound to re-sult into bitterness and justifiable lack of confidencein the management. As a consequence thereof, theabove principles would apply as are applicable forthe dissolution of a partnership firm.

13. The petitioner’s case is that the decision ofthe Board of Directors held on 22-12-1999, wherebythe Board has taken a decision to purchase theshares of CFL on 100% premium through right is-sue is oppressive and against the interest of notonly the petitioner but also against the respondent1 as well as the respondents are purchasing theirown shares at 100% premium and is getting two

shares in petitioner 1 against one share of CFL bymanipulated value based on forecast provided bynone other than the respondents 2 and 3.

It is true that an isolated act, may not necessar-ily and by itself support the inference that the com-mission/ omission was mala fide or burdensome,harsh and wrongful. But a series of acts/omissionsfollowing upon one another can, in the context, leadjustifiable to the conclusion that they are a partof the same transaction, of which the object is tocause or commit the oppression of persons againstwhom those acts are directed. This may usefullybe illustrated by reference to a familiar jurisdic-tion in which a litigant asks for the transfer of hiscase from one Judge to another. An isolated orderpassed by a Judge which is contrary to law will notnormally support the inference that he is biasedbut a series of wrong or illegal orders to the preju-dice of a party are generally accepted as supportingthe inference of a reasonable apprehension that theJudge is biased and that the party complaining ofthe orders will not get justice at his hands.

The question sometimes arises as to whether anaction in consonance with law is per se oppressive,as was done by W.H. Bhagwati, J. in S.M. Ganpa-tram v. Sayaji Jubilee Cotton and Jute Mills Co.(AIR 1965 Gujarat 96) that ’a resolution passedby the directors may be perfectly legal and yet op-pressive, and conversely a resolution which is incontravention of the law may be in the interests ofthe shareholders and the company’. On this ques-tion, Lord President Cooper observed in Elder v.Elder (1952) SC 49:

The decisions indicate that conduct which istechnically legal and correct may nevertheless besuch as to justify the application of the just andequitable’ jurisdiction, and, conversely, that con-duct involving illegality and contravention of theAct may not suffice to warrant the remedy ofwinding-up, especially where alternative remediesare available. Where the just and equitable juris-diction has been applied in cases of this type, thecircumstances have always, I think, been such as towarrant the inference that there has been, at least,an unfair abuse of powers and an impairment ofconfidence in the probity with which the company’saffairs are being conducted, as distinguished frommere resentment on the part of a minority at beingoutvoted on some issue of domestic policy.

In Needle Industries (India) Ltd. and othersv. Needle Industries Newey (India) Holdings Ltd.


and others (AIR 198 (sic) SC 1298), Y.V. Chan-drachud, C.J., on behalf of the Bench after review-ing the various decisions said that where the partycomplaining oppression has failed to make out acase of oppression, the Court is not powerless to dosubstantial justice between the parties and placedthem, as nearly as it may in the same position inwhich they would have been if the crucial meetingwere not held in accordance with the law.

In the instant case, as noted above, the decisionto purchase the shares of CFL at 100% premiumis not an isolated act, earlier to this, through 33rdAnnual General Meeting, the respondents tried toforcibly acquire the petitioners shares on the pleaof conflict of interest without recourse to the pro-visions of section 290. Such act on the part of therespondents lack that degree of probity, which thepetitioners were entitled to expect in the conductof the company’s affairs.

I am conscious of the limitation that the per-son complaining of oppression is to show that hehas been constrained to submit to a conduct whichlacks in probity, conduct which is unfair to himand which causes to him in the exercise of his le-gal and proprietary rights as shareholder. In myview, an attempt on the part of respondents to pur-chase petitioners’ shares without recourse to theprovisions of section 290 by resolution dated 26-12-1998, followed by the purchase of CFL sharesat 100% premium on valuation based on the fore-cast provided by the respondents are sufficient todemonstrate that the conduct of the respondentsas directors is with purpose to oust the petitionersor dilute their share, lack that degree of probity,which the petitioner is entitled to expect in theconduct of the affairs of the company, more par-ticularly, when the respondents have duel position,seller and purchaser, to achieve transparency, theprocess of valuation ought to have been done un-der the supervision of an independent body/source.Once it is demonstrated that the affairs of the com-pany are being conducted in manner oppressive tomembers (petitioner), a justification for a winding-up order on the ground of lack of confidence in themanagement, such winding-up order would unnec-essarily prejudice the members.

14. This takes me to the C.M.A. No.3518 of2001, the contempt application.

The main plea, against the contempt applica-tion taken by the respondents was that order dated

26-1-2000, was to remain effective till the com-pliance of the directions contained in order dated15-3-2000. The respondents complied with the di-rections on 20-9-2000 and on that day, the orderdated 26-1-2000 come to an end. Mr. Shaiq Us-mani further contended that directions in termsof paras. (a) and (b) were complied with by therespondents whereunder they again supplied theentire material including the surveyor Iqbal Nanji& Co. to the petitioners within the stipulated timeand also instructed the Chartered Accountants toevaluate CFL shares as per Court orders. The pe-titioners themselves failed to settle the matter offees and remain engaged in the correspondencewith the auditors. The petitioners, have to blamethemselves. After compliance, the position as of 16-1-2000 was restored. The respondents were withintheir right to purchase the shares of the petitionersas they failed to exercise their option to purchasethe shares.

15. It is contended by the petitioners’ coun-sel that despite clear direction of the Court byorder dated 15-3-2000 to the respondents to sup-ply to the petitioner entire material record andthen carry out revaluation, the respondents 2 to7 connived with the auditors and suppressed thematerial/ documents and failed to carryout reval-uation as directed by order dated 15-3-2000. Therespondents went ahead and purchased the sharesof CFL of face value of Rs.10 at Rs.20 and financedthe sale by issuing further shares to which no of-fer was made to the petitioner after the co-calledrevaluation. It was also contended that the sup-pression of material documents with connivance ofauditors is proved by a cursory examination of let-ters dated 21-6-2000 (Annexure E-5, page 671 andAnnexure E-14, draft of the letter dated 21-6-2000page 809). Annexure E-5 is letter dated 21-6-2000addressed to the petitioners’ counsel by A.F. Fer-guson & Co., copy to the respondent 1, in responseto letter dated 30-5-2000, whereby the documents/information were provided to the petitioners in con-nection with the valuation of shares of CFL. Itcontains three documents:—

(1) Audited financial statements forthe years ended June 30, 1996 to June,1999.

(2) Projected balance sheet, profit andloss account and cash flow statement


for the years ending June 30, 2000 toJune 30, 2009.

(3) Valuation report of Iqbal Nanjee &Co.

The letter dated 20-6-2000 has been pro-duced by the petitioner through, affidavit in sup-port of the contempt application. The draft let-ter dated 20-6-2000 has been filed by the respon-dents through counter-affidavit (Annexure E-14)whereby the auditors had proposed to point outthe basis of valuation on following information:—

(1) Audited financial statements forthe years ended June 30, 1996 to June30, 1999.

(2) Projected balance sheet, profit andloss account and cash flow statementfor the years ending June 30, 2000to June 30, 2009 as prepared by themanagement of CFL. The reasonable-ness of these projections were ensuredthrough review of the books and ac-counts of CFL for prior years.

(3) Following agreements betweenCoronet Foods (Pvt.) Limited andEnglish Biscuit Manufacturers (Pvt.)Limited (EBM):

(a) Marketing and management agree-ment.

(b) Licensing of ‘Brands’ agreement.

(c) Agreement for use of ’Pied Piper’trade mark on CFL products.

(4) Valuation report of Iqbal A. Nan-jee & Co.

The agreements detailed at S. No.3 above; be-tween the Coronet Foods (Pvt.) Limited and En-glish Biscuit Manufacturers (Pvt.) Limited (EBM)pertaining to (a) marketing and management, (b)licensing of Brands and (c) agreements for use of’Peid Piper’ trade mark on CFL products werewithheld from the petitioner. The handwrittennote is available on Annexure E 14 its contentsare ’this should not be mentioned and deleted hasalso suggested by SIDAT HYDER’ with initial ofIqbal Ali Muhammad to whom the draft appearsto have been sent for approval before sending it tothe petitioner. This is sufficient to establish that

all information /materials were not conveyed to thepetitioners in terms of order dated 15-3-2000. Sec-ondly, the notice dated 14-1-2000 issued to the pe-titioner pursuant to the Article 7 of the Companyfor conveying their acceptance had already expiredand no fresh offer was given to the petitioners forpurchase of the right share. Therefore, I have nohasitation to, conclude that the respondents pur-chased the shares of CFL without compliance ofthe directions contained in order dated 15-3-2000and also purchased the right shares without no-tice to the petitioner with intention to dilute thepetitioners holding in the company. Therefore, therespondents. 2 to 7 have disobeyed the order, thusliable for the contempt.

Therefore, the application (C.M.A. No.3518 of2001) and the petition are disposed of in the fol-lowing terms:—

1. (a) The respondents are directedto restore ante 15-3-2000 position byreversing the process of acquisitionof CFL shares and issuance of rightsshares of EBM forthwith.

(b) The respondents 2 to 7 have ren-dered themselves liable for attachmentof their properties, however, the end ofjustice would be met if they are finedin the sum of Rs.10,000 each, same isimposed. The amount of fine be de-posited within a week with Nazir ofthis Court, failing which their prop-erty (shareholdings in EBM) stand at-tached.

2. (a) The decision of Board of Di-rectors dated 22-1-1999 with regard tofurther issue of shares to finance theacquisition CFL shares and all actionsin pursuance thereof are declared ille-gal and of no legal effect.

(b) The valuation of CLF shares bedone a fresh through independent val-uator/ auditor to be engaged at theexpenses of EBM.

(c) On the basis of valuation fixed byauditor, the shares of CFL be pur-chased from the finance by issuance ofright shares.

(d) The petitioner be offered to pur-chase right share in terms of section


86, if declined or not subscribed, I thenbe sold to other shareholders.

3. The Official Assignee is appointedCommissioner for implementation ofabove order with power to appoint in-dependent auditor and to ensure thatall the materials, records, reports andassistance required by auditor, in the

said process, are provided to auditorsby the respondents.

The petition with listed application is disposedof in above terms, the parties are left to bear theirown costs.

Order accordingly.


THIS PAGE BLANK


JUDICIAL ACTIVITY 2002


THIS PAGE BLANK


THE HIGH COURT OF SINDH(JUDICIAL ACTIVITY)


THIS PAGE BLANK


4 THE HIGH COURT OF SINDH:

JUDICIAL ACTIVITY DURING 2002

4.1 Consolidated Statistics for the High Court of Sindh

4.1.1 Consolidated Statement for the High Court of Sindh from 1996 to 2002 showingInstitution, Disposal and Pending Balance of Cases

Pendency at Institution Disposal Transferred PendingBeginning During During During Balance at

Years of Year the Year Total the Year the Year End of Year1996 63912 42718 106630 35218 3348 680641997 68064 42771 110835 32199 1435 772011998 77201 50682 127883 48394 369 791801999 79180 42983 122163 49643 523 719972000 71997 58876 130873 52226 250 783972001 78397 69984 148381 56737 2226 894122002 89412 54476 143888 49915 6469 87504

0

10000

20000

30000

40000

50000

60000

70000

80000

90000

100000

1996

1997

1998

1999

2000

2001

2002

Institution

Disposal

Pending

YearsConsolidated Statement for the High Court of Sindh (1996–2002)

Num

ber

ofC

ase

s


4.1.2 Consolidated Statements showing the institution, disposal and balance beforeHigh Court of Sindh, Principal Seat at Karachi, its Bench at Sukkur and CircuitCourts at Hyderabad and Larkana from 01-01-2002 to 31-12-2002

Institution DisposalPendency on 01.01.2002 01.01.2002 Balance on

High Court of Sindh 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002Principal Seat at Karachi 75752 34867 110619 35462 75157Circuit Bench at Sukkur 3992 7237 11265 7143 4122Circuit Court at Hyderabad 9006 7085 16091 8793 7298Circuit Court at Larkana 669 5251 5920 4986 934Total 89419 54476 143895 56384 87511

0

10000

20000

30000

40000

50000

60000

70000

80000

90000

100000

Pri

ncip

alSe

atat

Kar

achi

Cir

cuit

Ben

chSukkur

Cir

cuit

Cou

rtH

yder

abad

Cir

cuit

Cou

rtLar

kana

Institution

Disposal

Pending

Principal Seat, Circuit Bench and Circuit Courts

Num

ber

ofC

ases


4.2 Statistics for the High Court of Sindh Principal Seat at Karachi

4.2.1 Year-wise Pendency of Cases for the High Court of Sindh Principal Seat atKarachi as on 31-12-2002

Pendency at Institution Disposal Trans. Pendency atat the end of During the Number of During During the end of

Years Previous Year Years Total Judges the Year the Year the Year1985 17154 21130 38284 18 19297 150 188371986 18837 24156 42993 16 25397 224 173721987 17372 25851 43223 16 24679 136 184081988 18408 26920 45328 21 21615 144 235691989 23569 28664 52233 19 23930 61 282421990 28242 28003 56245 19 25872 98 302751991 30275 29526 59801 17 27854 68 318791992 31879 30273 62152 21 27714 94 343441993 34344 33764 68108 21 27892 108 401081994 40108 28396 68504 19 24617 637 432501995 43250 27269 70519 25 19288 28 512031996 51203 29994 81197 13 24204 2914 540791997 54079 32460 86539 19 24105 625 618091998 61809 33550 95359 18 29252 96 660111999 66011 23364 89375 22 30601 82 586922000 58692 35206 93898 25 30313 153 634322001 63432 47799 111231 21 33491 1988 757522002 75752 34867 110619 27 29843 5619 75157

0

10000

20000

30000

40000

50000

60000

70000

80000

90000

100000

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

Institution

Disposal

Pending

Years

THE HIGH COURT OF SINDH PRINCIPAL SEAT AT KARACHI

Num

ber

ofC

ase

s


4.2.2 Category-wise Institution, Disposal and Balance of Pending Cases for the Prin-cipal Seat at Karachi as on 31-12-2002


Category of Cases 01.01.2002 to 31.12.2002 Total to 31.12.2002 Tr. 31.12.2002CRIMINAL APPELLATE JURISDICTIONSCONFIRMATION CASES 9 17 26 5 0 21CRIMINAL APPEALS 279 417 696 378 0 318CRIMINAL REFERENCES 0 1 1 0 0 1CRIMINAL REVISIONS 82 212 294 211 0 83CR.ORIGINAL CASES 61 2 63 1 0 62CR.TR.APPLICATIONS 41 33 74 52 0 22CR.BAIL.APPLICATIONS 341 1680 2021 1513 0 508CR.MISC APPLICATIONS 91 402 493 395 0 98CR. ACCOUNTABILITY APPEALS 72 74 146 7 0 139CR. Spl. A.T.A. APPEALS 172 85 257 76 0 181INT. MISC. APPLICATIONS 1206 3246 4452 2949 0 1503CIVIL APPELLATE JURISDICTIONS1ST. CIVIL APPEALS 415 111 526 89 0 437ADMIRALTY APPEALS 4 1 5 3 0 21ST RENT APPEALS 103 17 120 26 0 942ND APPEALS 301 1 302 7 0 295CIVIL REVISIONS 186 252 438 262 0 176HIGH COURT APPEALS 81 309 390 258 0 132CIVIL MISC :APPEALS 37 53 90 39 0 51CIVIL TR:APPLICATIONS 29 50 79 25 0 54CUSTOM APPEALS 343 35 378 5 0 373SPL:CUSTOM APPEALS 0 225 225 83 0 142ELECTION APPEALS 0 204 204 204 0 0INCOME TAX CASES/SALES TAX 3641 313 3954 347 0 3607REVIEW APPLICATIONS 5 22 27 7 0 20INT. MISC. APPLICATIONS 8038 3240 11278 2622 328 8328WRIT JURISDICTIONSWRIT PETITIONS D.B. 6337 1924 8261 2260 0 6001WRIT PETITIONS S.B. 54 1165 1219 821 0 398INT. MISC. APPLICATIONS 3558 6806 10364 5972 0 4392ORIGINAL SIDESUITS 8454 1365 9819 1005 3000 5814ADMIT SUITS 0 131 131 103 0 28ADMIT APPEALS 0 33 33 25 0 8J.MISC. 177 80 257 70 1 186MISC. APPLICATIONS IN SUIT/J.M. 23962 8350 32312 6264 2268 23780CIVIL REFERENCES 99 69 168 1 0 167EXECUTION APPLICATIONS 1279 121 1400 115 0 1285INSOLVENCY CASES 30 1 31 0 0 31J.MISC. (U/ V. ACTS) 370 54 424 22 22 380S.M.A (U/S 39/25) 527 243 770 307 0 463O.A/ NAZIR REF. 41 131 172 172 0 0ELECTION PETITION 2 0 2 0 0 2MISC. APPLICATIONS IN

EXECUTION/S.M.A/INSOLVENCY 15325 3392 18717 3142 0 15575TOTAL 75752 34867 110619 29843 5619 75157


0 1000 2000 3000

32462949

Int. Misc

. Applica

tions

1503

8576

Cr.Sp

l. A.T.A. Appeal

s181

747

Cr.Acco

untab

ility App

eals

139

402395

Cr.Misc

. Applica

tions

98

16801513

Cr.Bail

Applica

tions

508

3352

Cr.Tr.

Applica

tions

22

21

Cr.Orig

inal C

ases

62

212211

Crimina

l Revisio

ns83

10

Crimina

l Referen

ces1

417378

Crimina

l Appeal

s318

175

Confirm

ation

Cases

21

Pending

Disposal

Institution

Number of Cases

Principal Seat: Criminal Appellate Jurisdiction

0 2000 4000 6000 8000

32402622

Int. Misc

. Applica

tions

8328

227

Review

Applica

tions

20

313347

Incom

e TaxCase

s/Sale

s Tax3607

204204

Electio

n Appeal

s0

22583

Spl. Cust

omApp

eals

142

355

Custom

Appeal

s373

5025

CivilTr.

Applica

tions

54

5339

CivilMisc

. Appeal

s51

309258

HighCour

t Appeal

s132

252262

CivilRevi

sions

176

17

2nd. App

eals

295

1726

1stRent

Appeal

s94

13

Admira

lityApp

eals

2

11189

1st. Civil

Appeal

s437

Pending

Disposal

Institution

Number of Cases

Principal Seat: Civil Appellate Jurisdiction


0 2000 4000 6000

68065972

Int. Misc

. Applic

ation

s4392

1165821

WritPeti

tions

S.B.

398

19242260

WritPeti

tions

D.B.

6001

Pending

Disposal

Institution

Number of Cases

Principal Seat: Writ Juridiction

0 5000 10000 15000 20000 25000

33923142

Misc.Appl

icatio

nsin

Execu

tion,

SMA, Ins

loven

cy15575

00

Electio

n Petition

2

131172

O.A/ Nazir Ref.

0

243307

S.M.A

(U/S39/

25)463

5422

J. Misc.(U/ V. Acts

)380

10

Insolv

ency Case

s31

121115

Executi

onAppl

icatio

ns1285

691

CivilRefre

nces

186

83506264

Misc.Appl

icatio

nsin

Suit/J

.M.

23780

8070

J. Misc.186

3325

Admit Appe

als8

131103

Admit Sui

ts28

13651005

Suits

5814

Pending

Disposal

Institution

Number of Cases

Principal Seat: Original Jurisdiction


4.3 Statistics for the High Court of Sindh Sukkur Bench at Sukkur

4.3.1 Year-wise Pendency of Cases for the High Court of Sindh Sukkur Bench atSukkur as on 31-12-2002



0

1000

2000

3000

4000

5000

6000

7000

8000

9000

10000

11000

12000

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

Institution

Disposal

Pending

Years

THE HIGH COURT OF SINDH SUKKUR BENCH

Num

ber

ofC

ases


4.3.2 Category-wise Institution, Disposal and Pending Balance for the High Court ofSindh Bench at Sukkur From 01-01-2002 to 31-12-2002


Category of Cases 01.01.2002 to 31.12.2002 Total to 31.12.2002 Tr. 31.12.2002CRIMINAL APPELLATE JURISDICTIONSCONFIRMATION CASES 39 6 45 4 1 40CRIMINAL: APPEALS 429 164 593 77 2 514CRIMINAL REFERENCES 17 22 39 21 0 18CRIMINAL REVISIONS 53 85 138 68 0 70CRIMINAL TR.APPLICATIONS 9 43 52 38 0 14CR.BAIL APPLICATIONS 181 685 866 703 0 163CR.MISC APPLICATIONS 350 237 587 248 0 339INT: MISC: APPLICATIONS 730 2029 2759 1763 0 996CIVIL APPELLATE JURISDICTIONS1ST CIVIL APPEALS 85 69 154 21 62 711ST RENT APPEALS 151 1 152 1 151 02ND APPEALS 2 12 14 2 0 12CIVIL REVISIONS 409 150 559 159 1 399CIVIL MISC APPEALS 378 15 393 7 1 385CIVIL TR.APPLICATIONS 2 28 30 16 0 14INT: MISC: APPLICATIONS 650 317 967 382 0 585WRIT JURISDICTIONSWRIT PETITIONS D.B. 200 356 556 182 53 321WRIT PETITIONS S.B. 139 816 955 797 2 156INT: MISC: APPLICATIONS 164 2238 2402 2381 0 21ELECTION PETITION/REFORM IN C.P. 4 0 4 0 0 4TOTAL 3992 7273 11265 6870 273 4122

0 500 1000 1500 2000 2500

20291763

Int. Misc.

Applica

tions

996

237248

Cr. Misc.Appl

ication

s339

685703

Cr. BailAppl

ication

s163

4338

Cr. Tr. Applica

tions

14

8568

Crimina

l Revision

s70

2221

Crimina

l Referen

ces18

16477

Crimina

l Appeals

514

64

Confirm

ation Case

s40

Pending

Disposal

Institution

Number of Cases

Sukkur Bench: Criminal Appellate Jurisdiction


0 100 200 300 400 500 600 700

317382

Int. Misc

. Applic

ation

s585

2816

Civil T

r.App

licati

ons

14

157

Civil M

isc. App

eals

385

150159

Civil R

evisio

ns399

122

2nd App

eals

12

11

1stRent

Appeal

s0

6921

1stCivi

l App

eals

71 Pending

Disposal

Institution

Number of Cases

Sukkur Bench: Civil Appellate Jurisdiction

0 500 1000 1500 2000 2500

122

Electio

n Petit

ion

Reform

inC.P

.12

22382381

Int. M

isc. App

licati

ons

21

816797

Writ

Petit

ions S.B

.156

356182

Writ

Petit

ions D.B

.321

Pending

Disposal

Institution

Number of Cases

Sukkur Bench: Writ Jurisdiction


4.4 Statistics for the High Court of Sindh Circuit Court at Hyderabad

4.4.1 Year-wise Pendency of Cases for the High Court of Sindh Circuit Court Hy-derabad as on 31-12-2002



0

1000

2000

3000

4000

5000

6000

7000

8000

9000

10000

11000

12000

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

Institution

Disposal

Pending

Years

THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD

Num

ber

ofC

ases


4.4.2 Category-wise Institution, Disposal and Balance for the High Court of SindhCircuit Court Hyderabad From 01-01-2002 to 31-12-2002

Institution DisposalPendency on 01.01.2002 Matters 01.01.2002 Balance on

Category of Cases 01.01.2002 to 31.12.2002 Restored Total to 31.12.2002 Tr. 31.12.2002CRIMINAL APPELLATE JURISDICTIONSCONFIRMATION CASES 21 3 0 24 8 0 16CRIMINAL APPEALS 518 103 0 621 127 0 494CRIMINAL ACQ. APPEALS 11 41 2 54 40 0 14CRIMINAL REFERENCES 0 6 0 6 0 0 6CRIMINAL REVISIONS 65 51 0 116 52 0 64CRIMINAL TR.APPLICATIONS 36 21 0 57 29 0 28CR.BAIL APPLICATIONS 349 743 0 1092 781 0 311CR.MISC APPLICATIONS 211 266 0 477 323 0 154INT: MISC. APPLICATIONS 1809 1244 0 3053 1338 0 1715CIVIL APPELLATE JURISDICTIONS1ST CIVIL APPEALS 500 199 0 699 119 0 5801ST RENT APPEALS 504 0 0 504 10 492 22ND APPEALS 47 1 0 48 19 0 29CIVIL REVISIONS 962 166 0 1128 408 0 720CIVIL MISC APPEALS 78 14 0 92 29 0 63CIVIL TR.APPLICATIONS 20 45 0 65 48 0 17INT: MISC. APPLICATIONS 1414 864 0 2278 1133 0 1145WRIT JURISDICTIONSWRIT PETITIONS D.B. 567 456 12 1035 612 24 399WRIT PETITIONS S.B. 65 669 2 736 646 0 90INT: MISC. APPLICATIONS 1829 2173 4 4006 2495 60 1451TOTAL 9006 7065 20 16091 8217 576 7298

0 500 1000 1500 2000

12441338

Int. Misc.

Applicat

ions

1715

266323

Cr. Misc.Appl

ication

s154

743781

Cr. BailAppl

ication

s311

2129

Cr. Tr. Applicat

ions

28

5152

Crimina

l Revision

s64

60

Crimina

l Referenc

es6

4140

Crimina

l Acq.Appeals

14

103127

Crimina

l Appeals494

38

Confirmatio

n Cases

16

Pending

Disposal

Institution

Number of Cases

Circuit Court Hyderabad: Criminal Appellate Jurisdiction


0 500 1000 1500 2000

8641133

Int. Misc

. Applica

tions

1145

4548

CivilTr.

Applica

tions

17

1429

CivilMisc

. Appeal

s63

166408

CivilRevi

sions

720

119

2ndApp

eals

29

010

1stRent

Appeal

s

(492 Tran

sferre

d)2

199119

1stCivil

Appeal

s580 Pending

Disposal

Institution

Number of Cases

Circuit Court Hyderabad: Civil Appellate Jurisdiction

0 500 1000 1500 2000 2500

21732495

Int.

Misc

. Applic

ation

s1451

699646

Writ

Petit

ions S.B

.90

456612

Writ

Petit

ions D

.B.

399Pending

Disposal

Institution

Number of Cases

Circuit Court Hyderabad: Writ Jurisdiction


4.5 Statistics for the High Court of Sindh Circuit Court at Larkana

4.5.1 Year-wise Pendency of Cases for the High Court of Sindh Circuit Court Larkanaas on 31-12-2002


Years Previous Year Years Total Judges the Year the Year the Year1995 - 2394 2394 3 1895 30 4691996 469 1676 2145 2 1612 45 4881997 488 1408 1896 2 1165 56 6751998 675 1754 2429 2 1417 64 9481999 948 2535 3483 2 3025 96 3622000 362 4191 4553 2 3881 0 6722001 672 6113 6785 13 6101 15 6692002 669 5251 5920 12 4985 1 934

0

1000

2000

3000

4000

5000

6000

7000

8000

9000

10000

11000

12000

1995

1996

1997

1998

1999

2000

2001

2002

Institution

Disposal

Pending

Years

THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Numb

erof

Case

s


4.5.2 Category-wise Institution, Disposal and Balance of Cases for the High Court ofSindh Circuit Court Larkana From 01-01-2002 to 31-12-2002


Category of Cases 01.01.2002 to 31.12.2002 Total to 31.12.2002 Tr. 31.12.2002CRIMINAL APPELLATE JURISDICTIONSCONFIRMATION CASES 13 4 17 0 0 17CRIMINAL APPEALS 133 117 250 58 0 192CRIMINAL ACQ. APPEALS 0 44 44 11 0 33CRIMINAL REFERENCES 0 32 32 29 0 3CRIMINAL REVISIONS 20 160 180 61 0 119CRIMINAL TR. APPLICATIONS 5 72 77 65 0 12CR. BAIL APPLICATIONS 70 875 945 782 0 163CR. MISC. APPLICATIONS 27 181 208 180 0 28INT: MISC. APPLICATIONS 12 1762 1774 1742 0 32CIVIL APPELLATE JURISDICTIONS1ST CIVIL APPEALS 29 5 34 25 0 91ST RENT APPEALS 1 0 1 0 1 0CIVIL REVISIONS 86 75 161 48 0 113CIVIL MISC APPEALS 6 11 17 7 0 10CIVIL TR.APPLICATIONS 6 4 10 6 0 4INT: MISC. APPLICATIONS 97 240 337 256 0 81WRIT JURISDICTIONSWRIT PETITIONS D.B. 112 233 345 268 0 77WRIT PETITIONS S.B. 21 384 405 379 0 26INT: MISC. APPLICATIONS 31 1052 1083 1068 0 15TOTAL 669 5251 5920 4985 1 934

0 500 1000 1500 2000

17621742

Int. Misc.

Applicat

ions

32

181180

Cr. Misc.Appl

ication

s28

875782

Cr. BailAppl

ication

s163

7265

Cr. Tr. Applicat

ions

12

16061

Crimina

l Revision

s119

3229

Crimina

l Referenc

es3

4411

Crimina

l Acq.Appeals

33

11758

Crimina

l Appeals192

40

Confirmatio

n Cases

17

Pending

Disposal

Institution

Number of Cases

Circuit Court Larkana: Criminal Appellate Jurisdiction


0 100 200 300 400 500

240256

Int. Misc

. Applica

tions

81

46

Civil T

r.App

licatio

ns4

117

Civil M

isc. App

eals

10

7548

Civil R

evisio

ns113

01

1stRent

Appeal

s0

525

1stCivi

l App

eals

9

Pending

Disposal

Institution

Number of Cases

Circuit Court Larkana: Civil Appellate Jurisdiction

0 300 600 900 1200 1500

10521068

Int.

Misc

. Applic

ation

s15

384379

Writ

Petit

ions S.B

.26

233268

Writ

Petit

ions D.B

.77

Pending

Disposal

Institution

Number of Cases

Circuit Court Larkana: Writ Jurisdiction


THIS PAGE BLANK


THE SUBORDINATE JUDICIARY OF SINDH(JUDICIAL ACTIVITY)


THIS PAGE BLANK


5 THE SUBORDINATE JUDICIARY OF SINDH:

JUDICIAL ACTIVITY DURING 2002

5.1 Consolidated Statistics for the Subordinate Judiciary of the Provinceof Sindh

5.1.1 Consolidated Statements Showing the District-wise Institution, Disposal andBalance of Pending Cases for the Subordinate Judiciary of the Province ofSindh from 01-01-2002 to 31-12-2002

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.20021 JUDGE SMALL CAUSES COURT 320 200 520 236 1842 KARACHI SOUTH 15607 12563 28170 10871 172993 KARACHI-WEST 9494 13624 23118 14484 86344 KARACHI-EAST 13481 12088 25569 13199 123705 KARACHI-CENTRAL 7558 12814 20372 14259 61136 MALIR 5557 7810 13367 6329 70387 HYDERABAD 15453 29879 45332 31118 142148 THATTA 2381 3109 5490 3382 21089 BADIN 2453 3861 6314 3305 300910 DADU 4875 4307 9182 3617 556511 THARPARKAR @ MITHI 310 664 974 655 31912 MIRPURKHAS 3957 6907 10864 6257 460713 SANGHAR 3971 4621 8592 4020 457214 NAUSHAHRO-FEROZE 2725 3531 6256 3867 238915 NAWABSHAH 3200 3306 6506 3897 260916 SUKKUR 4971 5403 10374 6069 430517 KHAIRPUR 6309 5317 11626 5612 601418 GHOTKI 4290 4805 9095 4839 425619 LARKANA 8337 6943 15280 8498 678220 SHIKARPUR 4211 5668 9879 5770 410921 JACOBABAD 5677 4358 10035 5074 4961

TOTAL 125137 151778 276915 155358 121557


0

10000

20000

30000

SmallCausesCourt

KarachiSouth

KarachiWest

KarachiEast

KarachiCentral

Malir

Hyderabad

Thatta

Badin

Dadu

Tharparkar-Mithi

Mirpurkhas

Sanghar

Nausharo-Feroze

Nwabshah

Sukkur

Khairpur

Ghotki

Larkana

Shikarpur

Jacobabad

Inst

ituti

on

Dis

posa

l

Pen

din

g

Dis

tric

tsand

Sm

all

Cause

sC

ourt

NumberofCases


5.1.2 Consolidated Statement Showing the Category-wise Institution, Disposal andBalance of Pending Civil and Family Cases for the Sessions Courts in SindhFrom 01-1-2002 TO 31-12-2002

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002CRIMINAL JURISDICTION1 MURDER TRIAL 5537 2183 7720 2348 53722 HUDOOD TRIAL 5084 2742 7826 3060 47663 P.P.C. 6916 4971 11887 4806 70814 SPECIAL CASES ( S.T.A) 5025 320 5345 1529 38165 SPECIAL CASES NARCOTICS 1822 477 2299 850 14496 CAR SNATCHING CASES 296 110 403 109 2977 QISAS & DIAT ORDINANCE 974 1142 2116 696 14208 13-D ARMS ORDINANCE 406 162 568 196 3729 DIRECT COMPLAINT 241 448 689 306 38310 PRIVATE COMPLAINT 124 503 627 371 25611 OTHER CR/SESSIONS CASES 666 647 1313 998 31512 CRIMINAL APPEALS 333 796 1129 664 46513 CRIMINAL REVISIONS 458 1110 1568 1182 38614 CRIMINAL MISC: APPLNS 184 1724 1908 1598 31015 CRIMINAL TR: APPLNS 119 813 923 773 15916 CR.BAIL APPLICATIONS 2181 13860 16041 13249 279217 SPECIAL BAIL APPLICATIONS 0 157 157 136 2118 CR. PRELIMINARY ENQUIRY 30 256 286 170 11619 JUVENILE/CHILD ACT 3 10 13 3 1020 SINDH CRIME CONTROL ACT 0 10 10 1 921 PASSPORT/FOREIGNERS ACTS 3 18 21 10 1122 DARUL AMAN ACTS 0 29 29 23 623 CRIMINAL REFERENCE 0 42 42 42 024 HABEAS CORPUS 0 23 23 15 825 CRIMINAL PETITION 0 1 1 1 0

CIVIL JURISDICTION1 IST CLASS CIVIL SUITS 13484 7931 21415 8011 134042 IIND CLASS CIVIL SUITS 698 313 1011 438 5733 IIIRD CLASS CIVIL SUITS 112 139 251 102 1494 TRUST SUIT 25 9 34 5 295 SUMMARY SUITS 401 459 860 486 3746 CIVIL APPEALS 2832 3388 6220 2240 39807 CIVIL MISC: APPEALS 427 558 985 582 4038 CIVIL REVISIONS 529 780 1309 621 6889 CIVIL EXECUTIONS 2326 733 3059 928 213110 CIVIL TRANSFER APPLNS 155 718 873 688 18511 CIVIL MISC: APPLICATIONS 81 170 251 175 7612 CIVIL REFERENCES 2 0 2 1 113 RENT CASES 3704 2804 6508 3366 314214 FIRST RENT APPEALS (F.R.A.) 3001 2013 5014 2326 268815 RENT EXECUTIONS. 1497 980 2477 1034 144316 JUDICIAL MISC APPLNS 22 11 33 20 1317 JUDICIAL MISC EXE: 11 29 40 4 3618 LUNACY PETITIONS 1 2 3 2 119 INSOLVENCY PETITION 66 118 184 90 9420 LAND ACQUISITION APPLNS 115 20 135 19 11621 ELECTION APPEALS 0 2 2 2 022 ELECTION PETITIONS 690 202 892 527 36523 DEPARTMENTAL ENQUIRY 20 41 61 20 4124 DISTRESS WARRANT CASES 7 2 9 2 725 OTHER CIVIL CASES 27 13 40 11 2926 TRADE MARK SUITS 0 5 5 3 227 CIVIL PETITIONS 0 1 1 0 1

FAMILY JURISDICTION1 FAMILY SUITS 304 696 1000 725 2752 FAMILY APPEALS 247 567 814 523 2913 FAMILY EXECUTIONS 6 22 28 6 224 SUCCESSION MISC: APPLNS (S.M.A.) 423 2252 2675 2011 6645 GUARDIANS AND WARDS CASES 379 728 1107 685 4226 G & W. EXECUTIONS 22 12 34 14 207 G & W. APPEALS 10 28 38 12 268 OTHER FAMILY MATTERS 0 9 9 9 0

TOTAL 62026 58309 120335 58824 61511


0 3000 6000 9000 12000 15000

11

Crim

inal

Petitions

02315

Habeas

Corpus

84242

Crim

inal

Refer

ences

02923

Darulaman

Acts

61810

Passport/Foreig

nersAc

ts11101

Sind

hCr

imeCo

ntrol A

ct9103

Juvenile/

Child

Act

10256170

Cr. P

relim

inaryEn

quiry

116157136

Special B

ail A

pplications

2113860

13249

Cr. B

ail A

pplications

2792813773

Cr. T

r.Ap

plica

tions

1591724

1598

Cr. M

isc. A

pplications

31011101182

Crim

inal

Revisio

ns386

796664

Crim

inal

Appeals

465647

998

Other

Cr./Sessions

Cases

315503

371

Priva

teCo

mplaint

256448

306

Direct

Complaint

383162196

13-D

Arms O

rdinance

3721142

696

Qisa

s &Diat

Ordinance

1420110109

Car S

natching

Cases

297477

850

Special C

ases

Narcotics

1449320

1529

Special C

ases

( S.T.A)

38164971

4806

Pak.

Penal C

ode

70812742

3060

Hudood

Trial

476621832348

Murder T

rial

5372

Pending

Disposal

Institution

Number of Cases

District & Sessions Judges: Criminal Jurisdiction


0 3000 6000 9000 12000 15000

10

CivilPeti

tions

153

Trade Mark

Suits

21311

Other Civil

Cases

2922

Distress

Warrant

Cases

74120

Departm

ental

Enquirie

s41202

527

Electio

n Petitio

ns365

22

Electio

n Appeal

s02019

LandAcqu

isition

Applica

tions

11611890

Insolv

ency Peti

tions

9422

Lunanc

y Petitio

ns1294

Judicia

l Misc. Exec

utions

361120

Judicia

l Misc. App

licatio

ns13

9801034

RentExec

utions

14432013

2326

FirstRent

Appeal

s (F.R.A.)26882804

3366

RentCase

s3142

01

CivilRefe

rences

1170175

CivilMisc

. Applica

tions

76718688

CivilTran

sfer App

licatio

ns185

733928

CivilExec

utions

2131780

621

CivilRevi

sions

688558582

CivilMisc

. Appeal

s403

33882240

CivilApp

eals

3980459486

Summary

Suits

37495

Trust Su

its29139102

IIIrd

Class Civil

Suits

149313438

IInd Clas

s CivilSu

its573

79318011

IstClas

s CivilSu

its13404

Pending

Disposal

Institution

Number of Cases

District & Sessions Judges: Civil Jurisdiction

0 1000 2000 3000

99

Other Fa

milyMatt

ers0

2812

Guardia

ns&

Wards App

eals

26

1214

Guardia

ns&

Wards Exec

utions

20

728685

Guardia

ns&

Wards Case

s422

22522011

Succe

ssion Misc

. Applica

tions

(S.M.A.)

664

226

Family

Executi

ons22

567523

Family

Appeal

s291

696725

Family

Suits

275

Pending

Disposal

Institution

Number of Cases

District & Sessions Judges: Family Jurisdiction


5.1.3 Consolidated Statement Showing the Category-wise Institution, Disposal andBalance of Pending Civil and Family Cases for the Courts of Civil Judges andJudicial Magistrates in Sindh From 01-01-2002 TO 31-12-2002

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.2002CRIMINAL JURISDICTION

1 MURDER TRIAL. 278 195 473 285 1882 HUDOOD TRIAL 5869 4550 10419 5556 48633 P.P.C. 16004 14909 30913 16335 145764 SPECIAL CASES ( S.T.A) 41 16 57 34 235 SPECIAL CASES NARCOTICS 1141 1526 2667 1248 14196 CAR SNATCHING CASES 38 31 69 58 117 QISAS & DIAT ORDINANCE 1235 949 2184 1125 10598 13-D ARMS ORDINANCE 11154 7540 18694 7515 111799 DIRECT COMPLAINT 148 422 570 265 30510 PRIVATE COMPLAINT 130 295 425 198 22711 OTHER CR/SESSIONS CASES 2208 3079 5287 3676 161112 CRIMINAL APPEALS 0 3 3 1 214 CRIMINAL MISC: APPLNS 0 64 64 50 1415 CR.BAIL APPLICATIONS 209 1374 1583 1139 44416 CR. PRELIMINARY ENQUIRY 1 93 94 81 1317 CR. P. C. 3804 8025 11829 8430 339918 GAMBLING ACT 362 517 879 481 39819 M.V.O/TRAFFIC ACT 2115 18147 20262 16324 393820 JUVENILE/CHILD ACT 3 45 48 10 3821 SINDH CRIME CONTROL ACT 591 538 1129 626 50322 LOCAL LAWS 439 332 771 356 41523 SPECIAL LAW 219 133 352 180 17224 ISLAMIC LAWS 40 57 97 48 4925 CIVIL DEFENCE 56 48 104 71 3326 MARKET/FACTORY/SHOP ACT 295 730 1025 493 53227 FOOD CASES/ACTS 503 341 844 306 53828 POLICE/F.I.A./THEFT ACTS 16 46 62 53 929 RAILWAY/CANNT ACTS 14 450 464 410 5430 PASSPORT/FOREIGNERS ACTS 129 101 230 70 160031 PROBATION ORDINANCE 36 177 213 51 16232 CHAPTER PROCEEDING ACTS 1415 2935 4350 2873 147733 T.V/V.C.R/RADIO/TELEGRAPH ACTS 193 1658 1851 1619 23234 K.P.T/K.B.C.A. ACTS 568 209 777 728 4935 COPYRIGHT ACT 34 31 65 24 4136 ELECTRICITY ACTS 25 62 87 30 5737 IRRIGATION ACTS 108 119 227 87 14038 PRICE CONTROL/CHECKING ACT 0 96 96 91 539 FOREST/WILDLIFE ACTS 17 43 60 33 2740 FERTILIZER ACTS 19 24 43 28 1541 WEIGHT & MEASUREMENTS ACTS 0 9 9 0 942 MEDICAL & DENTAL ACTS 0 108 108 95 1343 AGRICULTURAL ACT 0 8 8 1 7

CIVIL JURISDICTION1 IST CLASS CIVIL SUITS 5025 4441 9466 4756 47102 IIND CLASS CIVIL SUITS 856 861 1717 1073 6443 IIIRD CLASS CIVIL SUITS 475 1056 1531 770 7614 CIVIL EXECUTIONS 532 294 826 323 5035 CIVIL MISC: APPLICATIONS 2 12 14 7 76 RENT CASES 157 110 267 128 1397 RENT EXECUTIONS. 108 16 124 57 678 ELECTION PETITIONS 12 0 12 9 39 DEPARTMENTAL ENQUIRY 0 2 2 1 1

FAMILY JURISDICTION1 FAMILY SUITS 4427 7688 12115 8260 38552 FAMILY APPEALS 37 0 37 0 373 FAMILY EXECUTIONS 789 467 1256 549 7074 SUCCESSION MISC: APPLNS (S.M.A.) 5 20 25 21 45 GUARDIANS AND WARDS CASES 65 338 403 209 1946 G & W. EXECUTIONS 3 3 6 0 67 G & W. APPEALS 2 7 9 9 0

TOTAL 61952 85350 147302 87256 60046


0 3000 6000 9000 12000 15000 18000

81

Agricu

ltural A

ct710895

Med

ical &

Dental

Acts132428

Ferti

lizer

Acts154333

Fores

t/W

ildlife

Acts279691

Price Con

trol/C

heck

ingAct

511987

Irriga

tion Acts

1406230

Elect

ricity

Acts573124

Copyr

ight Act

41209

728

KPT/KBCA

Acts49

16581619

TV/VCR/R

adio/

Teleg

raph

Acts232

29352873

Chapt

erPro

ceedin

gsAct

1477177

51

Proba

tion Ord

inanc

e16210170

Passp

ort/F

oreig

ners

Acts1600

450410

Railway

/Can

tonem

ent A

cts544653

Polic

e/FI

A/The

ftActs

9341306

Food

Cases/

Acts538730

493

Marke

t/Fac

tory/

Shop

Act532

4871

Civil D

efenc

e335748

Islam

icLa

ws49133180

Speci

alLa

ws172332356

Loca

l Law

s415538626

Sindh

Crime Con

trol A

ct503

4510

Juve

nile/

Child Act

3818147

16324

M.V

.O./T

raffic Act

3938517481

Gambli

ngAct

3988025

8430

Cr.Pro

c.Cod

e3399

9381

Cr.Prel

imina

ryEnq

uiry

131374

1139

Cr.Bail

Applic

ation

s444

6450

Cr.M

isc. App

licati

ons

1431

Crimina

l App

eals

23079

3676

Other

Cr./Se

ssion

s Cases

1611295198

Private

Compla

int227422

265

Direct

Compla

int305

75407515

13-D

Arms Ord

inanc

e11170

9491125

Qisas &

DiatOrd

inanc

e1059

3158

CarSn

atch

ingCas

es11

15261248

Speci

alCas

esNar

cotic

s1419

1634

Speci

alCas

es( S.T

.A)

2314909

16335

Pak.

Pena

l Cod

e7081

145765556

Hudoo

d Trial

4863195285

Mur

der Tr

ial188

Pending

Disposal

Institution

Number of Cases

Civil Judges & Judicial Magistrates: Criminal Jurisdiction


0 2000 4000 6000

21

Departm

ental

Enquir

ies1

09

Electio

n Petitio

ns3

1657

RentExec

ution

s67

110128

RentCase

s139

127

Civil Misc

. Applica

tions

7

294323

Civil Exec

ution

s503

1056770

IIIrd

Class Civi

l Suit

s761

8611073

IInd Clas

s Civil S

uits

644

44414756

IstClas

s Civil S

uits

4710

Pending

Disposal

Institution

Number of Cases

Civil Judges & Judicial Magistrates: Civil Jurisdiction

0 2000 4000 6000 8000

79

Guardi

ans &

Wards App

eals

0

30

Guardi

ans &

Wards Exec

ution

s6

338209

Guardi

ans &

Wards Case

s194

20211

Succe

ssion

Misc. App

licatio

ns(S.

M.A.)4

467549

Family

Executi

ons

707

00

Family

Appeal

s37

76888260

Family

Suits

3855

Pending

Disposal

Institution

Number of Cases

Civil Judges & Judicial Magistrates: Family Jurisdiction


5.1

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rim

inal

Case

sPendin

gB

efo

reth

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ict

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inate

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ing

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ge

of

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stit

ute

dP

rior

to1985 No.P

artic

ula

rs

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ases

68

69

70

71

72

73

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78

79

80

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No.P

artic

ula

rs

ofC

ases

68

69

70

71

72

73

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75

76

77

78

79

80

81

82

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5.2 Statistics for the Subordinate Judiciary of the Province of Sindhfor the Period 01-01-2002 to 31-12-03—Districts and Small CausesCourt

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.20021 JUDGE SMALL CAUSES COURT 320 200 520 236 284

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.20022–KARACHI SOUTH

1 District & Sessions Judge. 524 538 1062 648 4142 I-Addl:District & Sessions Judge. 595 591 1186 346 8403 II-Addl:District & Sessions Judge. 500 592 1092 422 6704 III-Addl:District & Sessions Judge. 1257 610 1867 814 10535 IV-Addl:District & Sessions Judge. 178 150 328 66 2626 V-Addl:District & Sessions Judge. 431 224 655 338 3177 VI-Addl:District & Sessions Judge. 723 291 1014 227 7878 VII-Addl:District & Sessions Judge. 139 0 139 31 1089 I-Senior Civil Judge. 402 311 713 323 39010 II-Senior Civil Judge. 668 767 1435 306 112911 III-Senior Civil Judge. 629 263 892 391 50112 IV-Senior Civil Judge. 595 214 809 68 74113 V-Senior Civil Judge. 404 107 511 191 32014 VI-Senior Civil Judge 402 334 736 257 47915 VII-Senior Civil Judge. 619 404 1023 210 81316 VIII-Senior Civil Judge. 784 304 1088 336 75217 IX-Senior Civil Judge. 366 122 488 192 29618 X-Senior Civil Judge. 366 123 489 148 34119 I-Civil Judge. 177 0 177 177 020 II-Civil Judge. 370 340 710 401 30921 III-Civil Judge. 207 233 440 252 18822 IV-Civil Judge. 102 358 460 278 18223 V-Civil Judge. 213 524 737 352 38524 VI-Civil Judge. 141 153 294 190 10425 I-Judicial Magistrate. 802 426 1228 254 97426 II-Judicial Magistrate. 0 0 0 0 027 III-Judicial Magistrate. 28 220 248 19 22928 IV-Judicial Magistrate. 323 75 398 303 9529 V-Judicial Magistrate. 700 577 1277 647 63030 VI-Judicial Magistrate. 679 1144 1823 321 150231 VII-Judicial Magistrate. 95 866 961 551 41032 VIII-Judicial Magistrate. 781 136 917 246 67133 IX-Judicial Magistrate. 755 1066 1821 1112 70934 X-Judicial Magistrate. 652 500 1152 454 698

TOTAL 15607 12563 28170 10781 17299


Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.20023–KARACHI WEST

1 District & Sessions Judge. 457 2499 2956 2564 3922 I-Addl: District & Sessions Judge. 365 404 769 323 4463 II-Addl: District & Sessions Judge. 237 0 237 30 2074 III-Addl: District & Sessions Judge. 424 397 821 388 4335 IV-Addl: District & Sessions Judge. 439 419 858 488 3706 V-Addl: District & Sessions Judge. 420 463 883 415 4687 I-Senior Civil Judge. 456 370 826 414 4128 II-Senior Civil Judge. 360 384 744 485 2599 III-Senior Civil Judge. 539 663 1202 437 76510 IV-Senior Civil Judge. 418 281 699 327 37211 V-Senior Civil Judge. 366 152 518 159 35912 I-Civil & Family Judge. 240 599 839 569 27013 II-Civil & Family Judge. 304 357 661 440 22114 III-Civil & Family Judge. 443 502 945 632 31315 I-Judicial Magistrate. 601 865 1466 803 66316 II-Judicial Magistrate. 475 1077 1552 1093 45917 III-Judicial Magistrate. 639 1623 2262 1750 51218 IV-Judicial Magistrate. 753 945 1698 1139 55919 V-Judicial Magistrate. 788 800 1588 1004 58420 VI-Judicial Magistrate. 770 824 1594 1024 570

TOTAL 9494 13624 23118 14484 8634

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.20024–KARACHI EAST1 District & Sessions Judge. 362 727 1089 776 3132 I-Addl: District & Sessions Judge. 972 374 1346 490 8563 II-Addl: District & Sessions Judge. 590 477 1067 350 7174 III-Addl:District & Sessions Judge. 844 646 1490 493 9975 IV-Addl: District & Sessions Judge. 871 391 1262 552 7106 V-Addl: District & Sessions Judge. 467 345 812 432 3807 VI-Addl: District & Sessions Judge. 0 0 0 0 08 I-Senior Civil Judge 371 172 543 276 2679 II-Senior Civil Judge 496 242 738 388 35010 III-Senior Civil Judge. 429 395 824 336 48811 IV-Senior Civil Judge. 288 469 757 338 41912 V-Senior Civil Judge. 417 470 887 426 46113 VI-Senior Civil Judge. 417 230 647 333 31414 VII-Senior Civil Judge. 217 0 217 84 13315 VIII-Senior Civil Judge. 199 283 482 219 26316 IX-Senior Civil Judge. 94 436 530 327 20317 I-Civil Judge. 599 634 1233 881 35218 II-Civil Judge. 485 467 952 506 44619 III-Civil Judge. 445 662 1107 480 62720 IV-Civil Judge. 139 529 668 254 41421 I-Judicial Magistrate. 229 637 866 351 51522 II-Judicial Magistrate. 661 102 763 326 43723 III-Judicial Magistrate. 374 322 696 404 29224 IV-Judicial Magistrate. 54 577 631 370 26125 V-Judicial Magistrate. 577 208 785 551 23426 VI-Judicial Magistrate. 266 144 410 257 15327 VII-Judicial Magistrate. 1005 0 1005 646 35928 VIII-Judicial Magistrate. 64 535 599 348 25129 IX-Judicial Magistrate. 97 584 681 441 24030 X-J.M (At Judicial Complex) 0 0 0 0 031 XI-Judicial Magistrate. 287 234 521 310 21132 XII-Judicial Magistrate. 395 194 589 451 13833 XIII-Judicial Magistrate. 266 241 507 302 20534 XIV-Judicial Magistrate. 230 233 463 244 21935 XV-Judicial Magistrate. 274 128 402 257 145

TOTAL 13481 12088 25569 13199 12370


Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.20025–KARACHI CENTRAL

1 District & Sessions Judge. 549 2445 2994 2532 4622 I-Addl: District & Sessions Judge. 499 315 814 548 2663 II-Addl: District & Sessions Judge. 427 350 777 598 1794 III-Addl: District & Sessions Judge. 174 301 475 333 1425 IV-Addl: District & Sessions Judge. 378 115 493 408 856 V-Addl: District & Sessions Judge. 431 510 941 588 3537 I-Senior Civil Judge. 44 25 69 46 238 II-Senior Civil Judge. 251 298 549 324 2259 III-Senior Civil Judge. 407 522 929 474 45510 IV-Senior Civil Judge. 852 537 1389 654 73511 V-Senior Civil Judge. 191 224 415 282 13312 VI-Civil Judge. 251 324 575 248 32713 VII-Civil Judge. 560 172 732 680 5214 VIII-Civil Judge. 26 1163 1189 823 36615 IX-Civil Judge. 425 593 1018 779 23916 X-Civil Judge. 231 592 823 476 34717 I-Judicial Magistrate. 258 277 535 434 10118 II-Judicial Magistrate. 160 346 506 280 22619 III-Judicial Magistrate. 2 420 422 223 19920 IV-Judicial Magistrate. 329 735 1064 840 22421 V-Judicial Magistrate. 228 502 730 520 21022 VI-Judicial Magistrate. 201 480 681 526 15523 VII-Judicial Magistrate. 48 637 685 439 24624 VIII-Judicial Magistrate. 393 568 961 714 24725 IX-Judicial Magistrate. 243 363 606 490 116

TOTAL 7558 12814 20372 14259 6113

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.20026–MALIR1 District & Sessions Judge. 403 1438 1841 1354 4872 I-Addl: District & Sessions Judge. 590 614 1204 660 5443 II-Addl: District & Sessions Judge. 578 190 768 282 4864 Senior Civil Judge. 439 284 723 340 3835 Civil Judge 386 497 883 649 2346 I-Judicial Magistrate. 415 328 743 269 4747 II-Judicial Magistrate. 818 1814 2632 840 17928 III-Judicial Magistrate. 399 341 740 373 3679 IV-Judicial Magistrate. 354 473 827 204 62310 V-Judicial Magistrate. 1175 1831 3006 1358 1648

TOTAL 5557 7810 13367 6329 7038


Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.20027–HYDERABAD

1 District & Sessions Judge 1301 3942 5243 4003 12402 I-Addl: District & Sessions Judge 349 394 743 250 4933 II-Addl: District & Sessions Judge 385 335 720 211 5094 III-Addl: District & Sessions Judge 435 333 768 386 3825 IV-Addl: District & Sessions Judge 498 592 1090 434 6566 V-Addl: District & Sessions Judge 440 272 712 312 4007 VI-Addl: District & Sessions Judge 368 617 985 400 5858 VII-Addl: District & Sessions Judge 379 674 1053 529 5249 A.D.J. Tando. Muhammad Khan 196 5 201 6 19510 I-Senior Civil Judge 500 331 831 490 34111 II-Senior Civil Judge 250 214 464 233 23112 III-Senior Civil Judge 509 144 653 212 44113 IV-Senior Civil Judge 1014 304 1318 838 48014 V-Senior Civil Judge 405 207 612 212 40015 Sr: Civil Judge,Tando Allah Yar. 207 170 377 189 18816 Sr: C.J,Tando Muhammad ,Khan. 267 42 309 21 28817 Joint Civil Judge & F.C.M,. 318 448 766 410 35618 Civil Judge & F.C.M,. 247 293 540 280 26019 I-Extra Civil Judge & F.C.M 390 559 949 673 27620 II-Extra Civil Judge & F.C.M 304 266 570 358 21221 III-Extra Civil Judge & F.C.M 136 631 767 514 25322 IV-Extra Civil Judge & F.C.M 376 306 682 400 28223 V-Extra Civil Judge & F.C.M 392 307 699 498 20124 VI-Extra Civil Judge & F.C.M 961 545 1506 1189 31725 VII-Extra Civil Judge & F.C.M 372 643 1015 821 19426 C.J & F.C.M, Tando Allah Yar. 406 985 1391 1117 27427 C.J & F.C.M, T.Muhammad Khan. 508 380 888 496 39228 Civil Judge & F.C.M, Hala. 268 506 774 425 34929 I-Judicial Magistrate 326 307 633 321 31230 II-Judicial Magistrate 2132 13769 15901 13754 214731 IIII-Judicial Magistrate 150 357 507 188 31932 J.M, Tando Allah Yar. 205 318 523 328 19533 J.M, T.Muhammad, Khan. 236 483 719 428 29134 Judicial Magistrate, Hala. 0 0 0 0 035 Judicial Magistrate, Matiari. 223 200 423 192 231

TOTAL 15453 29879 45332 31118 14214

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.20028–THATTA

1 District & Sessions Judge, Thatta. 275 592 867 527 3402 I-Addl: District & Sessions Judge, Thatta. 216 230 446 212 2343 II-Addl: District & Sessions Judge, Thatta. 165 245 410 205 2054 Senior Civil Judge, Thatta. 188 119 307 152 1555 Senior Civil Judge, Sujawal. 309 158 467 338 1296 I-Civil Judge & F.C.M, Thatta. 215 507 722 469 2537 II-Civil Judge & F.C.M, Thatta. 157 227 384 266 1188 Civil Judge & F.C.M, Sujawal. 172 156 328 215 1139 Civil Judge & F.C.M, Mirpur Batharo. 157 169 326 222 10410 Civil Judge & F.C.M, Sakro at Gharo. 219 339 558 346 21211 Judicial Magistrate, Thatta. 103 103 206 135 7112 Judicial Magistrate, Sujawal. 205 264 469 295 174

TOTAL 2381 3109 5490 3382 2108


Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.20029–BADIN

1 District & Sessions Judge, Badin. 427 1153 1580 1097 4832 I-Addl: District & Sessions Judge, Badin. 235 300 535 170 3653 II-Addl: District & Sessions Judge, Badin. 236 344 580 194 3864 Senior Civil Judge,Badin. 266 149 415 231 1845 Senior Civil Judge,Matli. 138 77 215 163 526 Senior Civil Judge, Golarchi. 143 124 267 126 1417 Civil Judge & F.C.M, Badin. 270 383 653 341 3128 Civil Judge & F.C.M, Matli. 144 306 450 320 1309 Civil Judge & F.C.M, Tando Bago. 187 281 468 195 27310 Civil Judge & F.C.M, Golarchi. 118 242 360 201 15911 Judicial Magistrate, Badin. 212 265 477 137 34012 Judicial Magistrate, Matli. 77 237 314 130 184

TOTAL 2453 3861 6314 3305 3009

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200210–DADU1 District & Sessions Judge, Dadu. 538 546 1084 289 7952 I-Addl: District & Sessions Judge, Dadu. 154 7 161 18 1433 II-Addl: District & Sessions Judge, Dadu. 181 100 281 88 1934 III-Addl: District & Sessions Judge, Dadu. 96 3 99 1 985 IV-Addl: District & Sessions Judge, Dadu. 103 58 161 64 976 Addl: District Judge, Mehar. 194 76 270 100 1707 Addl: District Judge Sehwan. 56 45 101 40 618 Addl: District Judge, Kotri. 239 192 431 129 3029 Senior Civil Judge, Dadu. 226 149 375 160 21510 Senior Civil Judge, Mehar. 423 112 535 142 39311 Senior Civil Judge, K. N Shah. 188 144 332 156 17612 Senior Civil Judge, Sehwan. 93 77 170 61 10913 Senior Civil Judge, Kotri. 200 180 380 169 21114 Civil Judge & F.C.M, Dadu. 306 328 634 213 42115 Civil Judge & F.C.M, Mehar. 261 230 491 100 39116 Civil Judge & F.C.M, K.N.Shah. 14 55 69 40 2917 Civil Judge, Johi. 128 91 219 68 15118 I-Civil Judge & F.C.M, Sehwan. 79 153 232 100 13219 II-Civil Judge & F.C.M, Sehwan. 1 68 69 25 4420 Civil Judge & F.C.M, Kotri. 246 140 386 9 37721 Judicial Magistrate, Dadu. 252 356 608 362 24622 I-Judicial Magistrate, Mehar. 235 195 430 212 21823 II-Judicial Magistrate, Mehar. 87 82 169 92 7724 Judicial Magistrate, K.N.Shah. 89 186 275 136 13925 Judicial Magistrate, Johi. 77 153 230 134 9626 Judicial Magistrate, Sehwan. 204 265 469 368 10127 Judicial Magistrate, Kotri. 205 316 521 341 180

TOTAL 4875 4307 9182 3617 5565

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200211–THARPARKAR & MITHI1 District & Sessions Judge 85 267 352 305 472 Addl:District & Sessions Judge 10 35 45 28 173 Senior Civil Judge 71 69 140 73 674 Civil Judge & F.C.M 9 125 134 93 415 Judicial Magistrate 50 84 134 84 506 Judicial Magistrate, Chachro. 36 28 64 11 537 Judicial Magistrate, Diplo. 34 30 64 37 278 Judicial Magistrate, Nangarparkar. 15 26 41 24 17

TOTAL 310 664 974 655 319


Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200212–MIRPURKHAS

1 District & Sessions Judge 459 1141 1600 1197 4032 I-Addl: District & Sessions Judge 285 335 620 206 4143 II-Addl: District & Sessions Judge 325 327 652 263 3894 Addl: District & Sessions Judge, Umerkot. 134 242 376 169 2075 I-Senior Civil Judge, Mirpurkhas. 304 111 415 174 2416 II-Senior Civil Judge, Mirpurkhas. 238 72 310 139 1717 III-Senior Civil Judge, Mirpurkhas. 253 188 441 174 2678 I-Senior Civil Judge, Umerkot. 205 65 270 136 1349 II-Senior Civil Judge, Umerkot. 121 28 149 99 5010 Joint Civil Judge & F.C.M, Mirpurkhas. 277 814 1091 550 54111 Civil Judge & F.C.M, K G Mohammad 203 142 345 200 14512 Civil Judge & F.C.M, Umerkot 96 265 361 248 11313 Civil Judge & F.C.M, Kunri. 117 28 145 145 014 I-Judicial Magistrate, Mirpurkhas. 205 406 611 224 38715 II-Judicial Magistrate, Mirpurkhas. 267 1259 1526 1007 51916 Judicial Magistrate, K. G. Mohammad 215 96 311 181 13017 Judicial Magistrate, Digri. 33 306 339 265 7418 Judicial Magistrate, Umerkot 105 675 780 633 14719 Judicial Magistrate, Samaro. 49 356 405 185 22020 Judicial Magistrate, Pitharo. 66 51 117 62 55

TOTAL 3957 6907 10864 6257 4607

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200213–SANGHAR1 District & Sessions Judge 573 1237 1810 1032 7782 Addl: District & Sessions Judge 457 183 640 110 5303 A D J Shahdadpur. 111 124 235 112 1234 A D J Tnado Adam. 329 350 679 338 3415 Senior Civil Judge, Sanghar. 206 235 441 252 1896 Senior Civil Judge, Shahdadpur. 274 152 426 5 4217 Senior Civil Judge,Tando Adam. 147 53 200 84 1168 Senior Civil Judge, Khipro. 30 67 97 50 479 Civil Judge & F.C.M 111 351 462 302 16010 Civil Judge & F.C.M, Sinjhoro. 90 221 311 200 11111 Civil Judge & F.C.M, Shahdadpur. 413 583 996 471 52512 Civil Judge & F.C.M, Tando Adam. 407 189 596 218 37813 Civil Judge & F.C.M, Khipro. 209 252 461 249 21214 Judicial Magistrate & F.C.M 330 272 602 329 27315 Judicial Magistrate & F.C.M, Shahdadpur. 182 91 273 154 11916 Judicial Magistrate, Tando Adam. 102 261 363 114 249

TOTAL 3971 4621 8592 4020 4572

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200214–NAUSHARO-FEROZE

1 District & Sessions Judge 155 526 681 564 1172 Addl: District & Sessions Judge. 152 195 347 194 1533 A D J, Moro. 131 31 162 63 994 A D J, Kandiaro. 76 214 290 203 875 Senior Civil Judge 571 146 717 165 5526 Senior Civil Judge, Moro. 139 61 200 123 777 Senior Civil Judge, Kandiaro. 247 122 369 154 2158 Civil Judge & F.C.M 76 310 386 186 2009 Civil Judge & F.C.M, Moro. 27 190 217 142 7510 Civil Judge & F.C.M, Bhiria. 137 236 373 270 10311 Civil Judge & F.C.M, Kandiaro. 247 271 518 307 21112 I-Judicial Magistrate 217 186 403 309 9413 II-Judicial Magistrate 16 297 313 246 6714 Judicial Magistrate, Bhiria. 77 159 236 196 4015 I-Judicial Magistrate, Kandiaro. 143 290 433 266 16716 II-Judicial Magistrate, Kandiaro. 136 114 250 196 5417 Judicial Magistrate, Moro. 178 183 361 283 78

TOTAL 2725 3531 6256 3867 2389


Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200215–NAWABSHAH1 District & Sessions Judge 328 681 1009 740 2692 I-Addl: District & Sessions Judge 158 158 316 175 1413 II-Addl: District & Sessions Judge 161 176 337 144 1934 III-Addl: District & Sessions Judge 170 116 286 102 1845 I-Senior Civil Judge 765 555 1320 753 5676 II-Senior Civil Judge 339 210 549 306 2437 Joint Civil Judge & F.C.M 223 115 338 334 48 Civil Judge & F.C.M, Sarkand. 158 231 389 271 1189 Civil Judge & F.C.M, Daulatpur. 70 76 146 107 3910 I-Judicial Magistrate 201 457 658 377 28111 II-Judicial Magistrate 428 362 790 340 45012 Judicial Magistrate, Sakrand. 170 66 236 149 8713 Judicial Magistrate, Daulatpur. 29 103 132 99 33

TOTAL 3200 3306 6506 3897 2609

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200216–SUKKUR1 District & Sessions Judge 655 1677 2332 1880 4522 I-Addl: District & Sessions Judge 214 279 493 166 3273 II-Addl: District & Sessions Judge 389 247 636 288 3484 III-Addl: District & Sessions Judge 261 386 647 456 1915 V-Addl: District & Sessions Judge 0 0 0 0 06 Addl: District Judge, Hudood 219 93 312 59 2537 I-Senior Civil Judge 683 445 1128 493 6358 II-Senior Civil Judge 532 169 701 189 5129 I-C.J & J.M. 319 260 579 300 27910 II-C.J & J.M. 93 122 215 123 92

III-II-C.J & J.M. 742 475 1217 515 70211 I-C.J & J.M, Rohri. 289 638 927 738 189

II-C.J & J.M, Rohri. 127 319 446 355 9112 I-C.J & J.M, Pano Akil. 296 209 505 345 16013 II-C.J & J.M, Pano Akil. 152 84 236 162 74

TOTAL 4971 5403 10374 6069 4305

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200217–KHAIRPUR

1 District & Sessions Judge 626 574 1200 502 6982 I-Addl: District & Sessions Judge 474 295 769 127 6423 II-Addl: District & Sessions Judge 755 394 1149 532 6174 III-Addl: District & Sessions Judge 382 192 574 6 5685 A D J Gambat. 224 281 505 256 2496 I-Senior Civil Judge 347 226 573 316 2577 II-Senior Civil Judge 347 292 639 234 4058 Senior Civil Judge, Gambat. 81 191 272 95 1779 Senior Civil Judge, Mirwah. 81 141 222 133 8910 I-Civil Judge & F.C.M, Khairpur. 213 156 369 154 21511 II-Civil Judge & F.C.M, Khairpur. 230 380 610 195 41512 Civil Judge & F.C.M, Kingri. 180 58 238 199 3913 Civil Judge & FCM, Pir Jo Goth. 243 159 402 188 21414 I-Civil Judge & F.C.M, Gambat. 381 664 1045 642 40315 II-Civil Judge & F.C.M, Gambat. 391 0 391 340 5116 Civil Judge & F.C.M, Kotdiji. 38 128 1661 70 9617 Civil Judge & F.C.M, Thari Mirwah. 1 236 237 123 11418 I-Judicial Magistrate 281 65 346 170 17619 II-Judicial Magistrate 215 59 274 137 13720 Judicial Magistrate, Thari Mirwah. 468 90 558 509 4921 J M, Sabhudero & Ranipur. 0 2 2 0 222 Judicial Magistrate, Kotdiji. 292 114 406 249 15723 Judicial Magistrate, Nara. 59 47 1096 95 1124 Judicial Magistrate, Gambat. 0 382 382 240 14225 Judicial Magistrate, Faiz Ganj. 0 191 191 100 91

TOTAL 6309 5317 11626 5612 6014


Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200218–GHOTKI1 District & Sessions Judge 496 1421 1917 1413 5042 I-Addl: District & Sessions Judge 294 369 663 213 4503 II-Addl: District & Sessions Judge 319 4 323 26 2974 III-A D J, Mirpur Mathelo 254 3 257 14 2435 IV-A D J, Mirpur Mathelo 236 527 763 368 3956 Senior Civil Judge 241 60 301 111 1907 Senior Civil Judge, Mirpur Mathelo. 235 91 326 205 1218 Senior Civil Judge, Ubauro. 262 102 364 136 2289 Civil Judge & F.C.M. 105 431 536 196 34010 Civil Judge & F.C.M, Mirpur Mathelo. 520 259 779 450 32911 CivilJudge & F.C.M, Deharki. 188 267 455 266 18912 Civil Judge & F.C.M, Ubauro. 293 191 484 253 23113 Judicial Magistrate 556 722 1278 819 45914 Judicial Magistrate, Mirpur Mathelo. 187 166 353 208 14515 Judicial Magistrate, Ubaurio. 104 192 296 161 135

TOTAL 4290 4805 9095 4839 4256

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200219–LARKANA

1 District & Sessions Judge 750 1148 1898 1290 6082 I-Addl: District & Sessions Judge 368 157 525 210 3153 II-Addl: District & Sessions Judge 417 70 487 172 3154 III-Addl: District & Sessions Judge 261 2 263 0 2635 IV-Addl: District & Sessions Judge 119 1 120 0 1206 V-Addl: District & Sessions Judge 233 229 462 174 2887 VI-Addl: District & Sessions Judge 233 194 427 195 2328 VII-Addl: District & Sessions Judge 269 155 424 230 1949 Addl: District Judge, Kambar. 79 45 124 71 5310 Addl: District Judge, Shahdadkot. 145 0 145 31 11411 Addl: District Judge, Ratodero. 77 95 172 39 13312 I-Senior Civil Judge 453 282 735 343 39213 II-Senior Civil Judge 376 276 652 426 22614 III-Senior Civil Judge 137 196 333 193 14015 IV-Senior Civil Judge 121 10 131 116 1516 Senior Civil Judge, Shahdadkot. 62 61 123 74 4917 Extra Joint Civil Judge & F.C.M 183 201 384 174 21018 Civil Judge & F.C.M, Ratodero. 48 346 394 267 12719 Civil Judge & F.C.M, Warah. 328 418 746 275 47120 Civil Judge & F.C.M, Kambar. 117 444 561 400 16121 Civil Judge & F.C.M, Shahdadkot. 275 233 508 354 15422 I-Judicial Magistrate 8 8 16 10 623 II-Judicial Magistrate 139 208 347 171 17624 III-Judicial Magistrate 705 488 1193 759 43425 IV-Judicial Magistrate 779 565 1344 864 48026 Judicial Magistrate, MiroKhan. 123 215 338 271 6727 Judicial Magistrate, Dokri. 301 167 468 164 30428 Judicial Magistrate, Kambar. 495 280 775 428 34729 Judicial Magistrate, Shahdadkot. 126 177 303 181 12230 Judicial Magistrate, Warah. 290 81 371 205 16631 Judicial Magistrate, Ratodero. 320 191 511 411 100

TOTAL 8337 6943 15280 8498 6782


Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200220–SHIKARPUR1 District & Sessions Judge 398 1578 1976 1532 4442 I-Addl: District & Sessions Judge 457 84 541 126 4153 II-Addl: District & Sessions Judge 311 325 636 332 3044 III-Addl: District & Sessions Judge 357 304 661 371 2905 IV-Addl: District & Sessions Judge 379 260 639 320 3196 V-Addl: District & Sessions Judge 342 511 853 507 3467 I-Senior Civil Judge 491 134 625 191 4348 II-Senior Civil Judge 239 87 326 140 1869 I-Civil Judge & FCM 163 152 315 182 13310 II-Civil Judge & FCM 120 100 220 145 7511 Joint Civil Judge & FCM 199 247 446 345 10112 Civil Judge & FCM, Lakhi. 186 288 474 274 20013 Civil Judge & FCM, Khanpur. 113 218 331 156 17514 Civil Judge & FCM, G.Yasin. 43 46 89 18 7115 City Magistrate. 74 399 473 286 18716 I-Judicial Magistrate. 3 175 178 81 9717 II-Judicial Magistrate. 0 165 165 49 11618 III-Judicial Magistrate. 147 135 282 217 6519 Judicial Magistrate, Garhi Yasin. 189 460 649 498 151

TOTAL 4211 5668 9879 5770 4109

Institution DisposalSR. Pendency on 01.01.2002 01.01.2002 Balance onNo. Name of District 01.01.2002 to 31.12.2002 Total to 31.12.2002 31.12.200221–JACOBABAD

1 District & Sessions Judge 530 1242 1772 966 8062 I-Addl: District & Sessions Judge 374 137 511 225 2863 II-Addl: District & Sessions Judge 340 33 373 107 2664 Addl: District Judge, Kandhkot. 940 254 1194 380 8145 Addl: District Judge, Kashmore. 334 142 476 129 3476 I-Senior Civil Judge 89 155 853 147 977 II-Senior Civil Judge 50 55 105 63 428 Senior Civil Judge, Kandhkot. 287 160 447 178 2699 Civil Judge & F.C.M 372 259 631 309 32210 Civil Judge & F.C.M. Thul. 562 363 925 396 52911 Civil Judge & F.C.M. Kandhkot. 323 366 689 338 35112 Civil Judge & FCM, Kashmore. 408 251 659 383 27613 Civil Judge & FCM, Garhi Khairo. 147 215 362 273 8914 Judicial Magistrate 268 221 489 412 7715 Judicial Magistrate, Kandhkot. 274 275 549 418 13116 Judicial Magistrate, Kashmore. 379 230 609 350 259

TOTAL 5677 4358 10035 5074 4961


MANAGEMENT AND ADMINISTRATION


THIS PAGE BLANK


6 MANAGEMENT AND ADMINISTRATION

6.1 List of Officers of High Court of Sindh at Karachi

Sr. No. Designation Name of Officer Ext. No. Res. Phone Nos.1 Registrar Mr. Abdul Ghafoor Memon 246 92506462 P.S./P.A.to Registrar Mr. Fida/Mr.Noor Ahmed Kalhoro 2473 Member Inspection Team Mr. Tahseen Ahmed Bhatti 269 58986754 P.A. to M.I.T. Mr. Khursheed Anwar 2775 Member Inspection Team II Mr. S.M. Jamil Raza Zaidi 248 92153546 P.A.to M.I.T. II Mr.Gulzar Ahmed. 2497 Secretary Inspection Team I Mr.Zafar Subuh Siddiqui 270 66208678 Secretary Inspection Team II Mr. Muhammad Usman 310 77886409 Secretary to Chief Justice Mr.Shoukat Ali Memon 255 4559077

10 Director, library & Research Mr. Naimuddin Siddiqui 235 662759211 Financial Adviser Mr.Ashfaq Ali Quetta Wala 309 583757112 Addl. Registrar (OS-1) Mr.Shahid Shafique 262 631674213 Addl. Registrar (OS-II) Mr.Kamran Memon 263 723680114 Officer On Special Duty (Admin) Mr.Muhammad Ashraf 278 497618615 Officer on Special Duty (Judicial) Mr.Muhammad Ahmed 267 776829816 Research Officer Mr. Shahid Shafique 212 631674217 Adminstrative Officer Maintenance Mr.Abdul Saboor 205 258198518 P.S to Chief Justice Mr.Altaf Hussain 216 778697019 Deputy Registrar (Judicial) Mr.Iqbal Ahmed Memon 250 925060520 Deputy Registrar (Accounts) Mr.Zulfiquar Ali Shaikh 24521 Deputy Registrar (Admin) Mr. Abdul Hayee 252 457007822 System Analyst (Computer Br.) Mr.Abdul Rasheed Mahar 202 814155423 Computer Br. (Computer Complaints) 291 663777724 Deputy Registrar/Nazir Mr. Moinuddin Ahmed 256 6637777

662649125 Librarian Mr.Muhammad Ibrahim 268 633285626 Protocol Secretaries 20827 Assist Registrar,General/Deputy Nazir Mr.Imdad Hussain Abro 257 0201-71446128 Assistant Registrar, Admin Branch Mr.Mazhar Ali Siddiqui 27929 Assistant Registrar, Gazette-I Mr.Qazi Ashfaq Ahmed 253 262100230 Assistant Registrar, Budget Mr.Mujeebur Rehman 20131 Assistant Registrar, Roster-I Mr.Mohsin Khatri 25132 Assistant Registrar, Roster-II 27333 Assistant Registrar, Resident-I Mr. Zamir Ahmed (Protocol) 25934 Assistant Registrar, Resident-II Mr.Akhlaq Ahmed 25835 Assistant Registrar, Resident-III Mr. Dawood Singhar 25936 Assistant Registrar, D - I Mr.Mumtaz Ali 26437 Assistant Registrar, D - II Mr.Anwar Ali 26538 Assistant Registrar, Execution Branch Mr.Mohammad Hanif 26639 Assistant Registrar, Inspection Branch Mr.Iqbal Lasi 27140 Assistant Registrar, Development Br. Mr.Shahnawaz Baloch 27241 Assistant Registrar, Record Branch Mr. Gul Hassan 27542 Assistant Registrar, Criminal Branch Mr. Mohammad Arif 282 501246743 Assistant Registrar, Writ Branch Mr. Gulzar H. Sippio 28144 Assistant Registrar, Civil Appellate Mr. Aslam Pervaiz 28545 Assistant Registrar, Rent Appellate Mr. Ahmed Mirza 28346 Assistant Registrar, Confidential Mr. Muhammad Ahmed 28647 Assistant Registrar, Printing & Despatch 27648 AG Sindh Counter Mr. Younas Sheikh 25449 Judges Tea Room 28750 Incharge Translation Branch Mr. Abdul Hamid 28051 Baliff Branch & ITR. Section 28852 D.G.Sindh Judicial Academy. Mr. Ghaus Muhammad 237 6326636

813295053 Secretary, Sindh Judicial Academy. Ms. Sadaf Malik 26054 Official Assignee Mr.Bashir Ahmed Memon 214 721171855 Incharge, F.S. Court Karachi Registry Mr.G.Q.Soomro 20456 Dispensary Dr.Hafeez Ahmed 284 586757957 Guard Room 30758 Copying Branch Shah Sahib 305


6.2 Branches with their work: Administrative Offices of High Court

6.2.1 Brief Introduction of the Offices of High Court

• Registrar. Under the law the Registrar of the High Court is the person mainly responsible forsupervising administration of the Staff working under him. All the correspondence in respectof High Court is made by and directed to in the name of the Registrar. For the convenientrunning of the administration there are several branches working under him which are asunder:—

• O.S. I/O.S. II. These branches are headed by Additional Registrars and deal with thepreliminaries at the time of admission of the suits.

• O.S.D (Admin-I). Deals with the administrative matters pertaining to the staff of the GradeBS-1 to BS-15.

• O.S.D (Admin-II). Deals with the applications/complaints received in connection withpublic interest litigation which after obtaining the order from Honourable Chief Justice areprocessed further by the office of Member Inspection Team.

• Deputy Registrar (Judicial). Deals with the receiving of Civil and Criminal appeals,Revision for the purpose of their scrutiny before admission and also with the preparation ofcause list.

• Deputy Registrar (Accounts). Deals with the affairs of the accounts and preparation ofbudget.

• Deputy Registrar (Admin). Deals with the administrative affairs of the officers of theGrade BS-16 and above.

• System Analyst. Deals with the Computer Branch which is in the process of computerisingvarious data of this Court and also assists at the time of any difficulty in operating of thecomputers which have been provided to the Honourable Judges, their P.As and some branches.

• Administrative Officer (Maintenance). Deals with the maintenance and general up-keepof the premises furniture and fixtures.

• O.S.D. (Judicial). Performs scrutiny of the Constitution Petitions received by him beforethose are placed formally for admission.

• Nazir. Under the orders of the Court performs the Inspections of the Properties and alsomakes Investments, Receives amounts from banks, accepts Sureties and also conducts Auctionsand Inspection of Police Stations.

• Librarian. He is responsible for the maintenance of the Library in accordance with theaccepted standards.

• A.R. (Development). Deals with the office paper work relation to the Development Projectwork with regard to building and furniture of the Courts.

• Translation Branch. They deal with the translation of various documents into English forthe purpose of preparing paper books.


• Bailiff Branch. Supervised by Head Bailiff and is concerned with the Service of variousprocess issued by this Court and precepts.

• Research Officer. Primary responsible for maintaining latest developments in the variouslaws. Also assists Honourable Judges in searching out appropriate law as required.

• Member Inspection Team. Calls for the scrutinises various statistics regarding institutionand disposal of the matters from the Courts. Assists in conduction Annual Inspection of theCourt by the Honourable Judges and also deals with the applications/petitions received byway of public interest litigation.

6.3 The Registrar and Members of the Inspection Team

Mr. Abdul Ghafoor MemonRegistrar of the High Court of Sindh

Date and place of birth: 1.4.1947, Taluka Mirpur Bathoro, District Thatta;educational qualifications: B.Sc., LL.B. and Diploma in Public Adminis-tration; professional experience: worked as Advocate for about 16 years; asLecturer for about 7 years; as Assistant Professor for 5 years and then asProfessor for about two years at Hyderabad, Sindh Government Law Col-lege, Hyderabad (in all 14 years); appointed Additional District & SessionsJudge in March, 1991; books /articles authored: article on comparison be-tween Constitution of Pakistan, India, British Constitution and AmericanConstitution; training/conferences attended: Shariah Training at FederalJudicial Academy of Islamic University, Islamabad and Islamic UniversityKualalumpur, Malaysia.

Mr. Tahseen Ahmed BhattiMember Inspection Team–I

Date and place of birth: 10th December, 1940 at Sukkur; educational qual-ifications: B.A. LL.B.; professional experience: started practice in August,1964; appointed A.G.P. in 1967; A.P.P. in 1968; worked as Hony. Pro-fessor in Government Law College, Sukkur from 1970; appointed SeniorCivil Judge in December, 1973; promoted as Additional District & Ses-sions Judge in December, 1976; worked as Deputy Secretary, Sindh LawDepartment from 5th July, 1977 till 20-09-1980; worked as AdditionalDistrict & Sessions Judge, Karachi from 20-09-1980 till February, 1983;promoted as District & Sessions Judge in February, 1983; sent on dep-utation as Special Judge, Anti-Corruption (Central) from end of 1985;

appointed Secretary Sindh Assembly from end 1986; worked as Presiding Officer Sindh LabourCourt Karachi from 1988 till 1992; worked as District & Sessions Judge, Sanghar from March, 1992till October, 1992; appointed Member N.I.R.C. from 1992 till 1994; as Judicial Member IncomeTax Appellate Tribunal from 1994 till end of 1998 and again from 1994 till end of 1998; worked asRegistrar Sindh High Court till 1999 from where posted as M.I.T. Sindh High Court till retirementon 9th December 2000; appointed the following day as M.I,.T, on contract basis; attended Third inService Shariah Training from April to July, 1982, at Rawalpindi/Islamabad.


Mr. Syed Muhammad Jamil Raza ZaidiMember Inspection Team–II

Currently Member Inspection Team (Access to Justice Programme); qual-ifications: B.A., B.Ed., LL.B., Diploma in Labour Law, M.A., LL.M fromS.M.Law College, Karachi, enrolled in Ph.D. programme at present; ex-perience: Advocate Sindh High Court (1982–1992); Additional District &Sessions Judge (Oct. 1997–May, 1999 and March, 2000 to Nov., 2000); Ad-ditional Registrar Administration, Sindh High Court (May, 1999–March,2000); promoted as District & Sessions Judge in August 2000; District& Sessions Judge (Dec., 2000–Oct., 2002); Judge Small Causes Court,Karachi (Nov, 2002–May, 2003); appointed Member Inspection Teamin July, 2003; worked as District Returning Officer (D.R.O.) in Localbodies Election, in 2001 as well as in National & Provisional Assemblies Election 2002; confer-ences/workshops: attended a Conference held in Karachi under Access of Justice Program (AJP)for Reduction of delay in disposal of cases; workshop on “Citizen-courts Liaison” in Islamabad un-der Access to Justice Programme; attended Sindh Judicial Academy (In-Service) Course, in 1997;attended 39th Shari’ah Academy Course at International Islamic University, Islamabad and partic-ipated in the study tour of Egypt and Saudi Arabia in 1998.

6.4 Complaints Against Judicial Officers and Action Taken

All Judicial Officers are appointed under the Sindh Civil Servants Act 1973. In case of any complaintagainst them, the provision of Efficiency and Discipline Rules, 1973 are brought into action. As soonas a complaint is received by the High Court containing an allegation of corruption, inefficiency,illegality and/or irregularity, in the first instance the comments are called from the very officeragainst whom the complaint has been moved. After examining the complaint and comments, ifany substance is found in the allegation, the matter is referred to the competent authority to takeaction by issuing a show cause notice or charge sheet and by conducting discreet inquiry. The inquiryproceeding are initiated after the appointment of an Inquiry Officer.

In the event the complaint is false or baseless, action is taken against the complainant. If thecomplaint has been made by an advocate, the matter is referred to the Sindh Bar Council forappropriate action. Where the complaint is from a private person, the matter is referred to theconcerned District and Sessions Judge for taking appropriate action against the complainant formoving a false complaint,

During the year 2001, out of a number of complaints received against Judicial Officers, disci-plinary action was proposed against 35 Judicial Officers. Major penalty was imposed on 4 of themand minor penalty was imposed on 10 of them. The disciplinary proceedings against the remainingare still pending decision.


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istr

ar O

S-I

BP

S 1

8

Ad

dl.

Reg

istr

ar O

S-I

I

BP

S 1

8

Co

mp

ute

r b

ran

ch

Lib

rari

an

BP

S 1

7

A.R

. D

-IA

.R. D

-II

A.R

.

Ro

ster

-II

A.R

.

Ex

ecu

tio

n

Sec

reta

ry I

nsp

ecti

on

Tea

m B

PS

18

OS

D A

dm

in-I

I

BP

S 1

8

A.R

.

Insp

ecti

on

OS

D

Jud

l.

A.R

.

Wri

t

A.R

.

Res

-I,I

I,II

I

A.R

.

Dev

elo

p-

men

t

*E

ver

y H

on

ora

ble

Ju

dg

e o

f H

igh

Co

urt

of

Sin

dh

in

clu

din

g H

on

'ble

Ch

ief

Just

ice

& S

enio

r P

uis

ne

Jud

ge

has

a

Pri

vat

e S

ecre

tary

, a

P

roto

col

Off

icer

an

d

a P

erso

nal

Ass

ista

nt

bes

ides

th

e o

ther

C

ou

rt

staf

f.


OR

GA

NIZ

AT

ION

AL

CH

AR

T O

F H

IGH

CO

UR

T O

F S

IND

H B

EN

CH

AT

SU

KK

UR

Ho

no

rab

le C

hie

f J

ust

ice

Hon

ora

ble

Sr.

Pu

isn

e/A

dm

inis

trati

ve

Ju

dg

eH

on

ora

ble

*

Ju

dges

Reg

istr

ar

BP

S 2

1

Ad

dl:

Reg

istr

ar

*E

ver

y H

on

ora

ble

Ju

dg

e o

f H

igh

Co

urt

of

Sin

dh

in

clu

din

g H

on

'ble

Ch

ief

Just

ice

& S

enio

r P

uis

ne

Jud

ge

has

a

Pri

vat

e S

ecre

tary

, a

P

roto

col

Off

icer

an

d

a P

erso

nal

Ass

ista

nt

bes

ides

th

e o

ther

C

ou

rt

staf

f.

Dep

uty

Reg

istr

ar

Ass

ista

nt

Reg

istr

ar-I

A

ssis

tant

Reg

istr

ar-I

I


OR

GA

NIZ

AT

ION

AL

CH

AR

T O

F H

IGH

CO

UR

T O

F S

IND

H C

IRC

UIT

CO

UR

T H

YD

ER

AB

AD

Ho

no

rab

le C

hie

f J

ust

ice

Hon

ora

ble

Sr.

Pu

isn

e/A

dm

inis

trati

ve

Ju

dg

eH

on

ora

ble

*

Ju

dges

Reg

istr

ar

BP

S 2

1

Ad

dl:

Reg

istr

ar

*E

ver

y H

on

ora

ble

Ju

dg

e o

f H

igh

Co

urt

of

Sin

dh

in

clu

din

g H

on

'ble

Ch

ief

Just

ice

& S

enio

r P

uis

ne

Jud

ge

has

a

Pri

vat

e S

ecre

tary

, a

P

roto

col

Off

icer

an

d

a P

erso

nal

Ass

ista

nt

bes

ides

th

e o

ther

C

ou

rt

staf

f.

Dep

uty

Reg

istr

ar

Ass

ista

nt

Reg

istr

ar-I

A

ssis

tant

Reg

istr

ar-I

I


OR

GA

NIZ

AT

ION

AL

CH

AR

T O

F H

IGH

CO

UR

T O

F S

IND

H C

IRC

UIT

CO

UR

T L

AR

KA

NA

Ho

no

rab

le C

hie

f J

ust

ice

Hon

ora

ble

Sr.

Pu

isn

e/A

dm

inis

trati

ve

Ju

dg

eH

on

ora

ble

*

Ju

dges

Reg

istr

ar

BP

S 2

1

Ad

dl:

Reg

istr

ar

*E

ver

y H

on

ora

ble

Ju

dg

e o

f H

igh

Co

urt

of

Sin

dh

in

clu

din

g H

on

'ble

Ch

ief

Just

ice

& S

enio

r P

uis

ne

Jud

ge

has

a

Pri

vat

e S

ecre

tary

, a

P

roto

col

Off

icer

an

d

a P

erso

nal

Ass

ista

nt

bes

ides

th

e o

ther

C

ou

rt

staf

f.

Dep

uty

Reg

istr

ar

Ass

ista

nt

Reg

istr

ar-I

A

ssis

tant

Reg

istr

ar-I

I


OR

GA

NIZ

AT

ION

AL

CH

AR

T O

F S

UB

OR

DIN

AT

E J

UD

ICIA

RY

OF

PR

OV

INC

E O

F S

IND

H

Dis

tric

t &

Ses

sio

ns

Jud

ges

Th

ere

are

20

ju

dic

ial

dis

tric

ts i

n t

he

pro

vin

ce o

f S

ind

h a

nd

on

e S

mal

l C

ause

s C

ou

rt a

t K

arac

hi.

Ev

ery

Ju

dic

ial

Dis

tric

t is

hea

ded

by

a D

istr

ict

& S

essi

on

s Ju

dg

e. A

ll t

he

oth

er J

ud

icia

l O

ffic

ers

viz

Add

itio

nal

Dis

tric

t &

Ses

sio

ns

Jud

ges

, S

enio

r C

ivil

Ju

dg

es, C

ivil

Ju

dg

es a

nd

Ju

dic

ial

Mag

istr

ates

wo

rk u

nd

er h

is a

dm

inis

trat

ive

sup

erv

isio

n/c

on

tro

l. T

he

nu

mb

er o

f ju

dg

es i

n e

ach

dis

tric

t v

arie

s ac

cord

ing

to

th

e sa

nct

ion

ed s

tren

gth

an

d w

ork

load

of

that

par

ticu

lar

Dis

tric

t.

Sen

ior

Civ

il

Jud

ges

Civ

il J

ud

ges

Jud

icia

l

Mag

istr

ates

Ad

dit

ion

al

Dis

tric

t &

Ses

sio

ns

Jud

ges


6.6

Org

anis

ationalC

hart

sofT

ypic

alSess

ions

Div

isio

ns

and

Sm

all

Cause

sC

ourt

s

6.6

.1O

rganis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers

OfficeSuperintendents

No.ofAddl.C.M.Os

No.ofC.M.Os

No.ofAsst.C.O.C

No.ofC.O.C

No.ofCashiers

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofHeadClerks

No.ofSr.Clerks

No.ofEnglishClerks

No.ofBailifs

No.ofBookbinders

No.ofDaftri

No.ofWardens

No.ofChowkidars

No.ofDrivers

No.ofSweepers

No.ofPeons/NaibQasids

No.ofWatremen

No.ofMalis

No.ofRecordkeepers

No.ofLibrarians

Total

1D

.J

21

21

24

19

11

43

57

19

139

23

14

72

713

042

21

34

103

94

18

1586

2A

.D

JS

89

81

86

00

00

14

00

0174

05

07

00

055

048

168

00

00

638

3SR

.C

.JS

82

77

80

00

54

66

049

0216

010

0153

00

261

035

141

10

50

905

4C

.JS

95

90

11

00

00

41

40

233

00

0138

00

075

039

181

14

10

0791

5J.M

S119

103

10

00

05

00

0212

01

0206

00

0102

097

207

00

00

934

6“EX

-D

.J

UM

ER

KO

T”

11

10

00

10

00

17

00

11

10

01

11

40

01

022

TO

TA

L407

373

203

19

16

992

660

20

981

219

15

577

813

2336

22

254

804

24

524

13876

6.6

.2O

rganis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Sm

all

Cause

sC

ourt

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofCashiers

No.ofNazirs

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofDrivers


Total

1D

.J

11

11

11

51

11

215

2A

.D

JS

--

--

--

--

--

--

3SR

.C

.JS

--

--

--

--

--

--

4C

.JS

--

--

--

--

--

--

5J.M

S-

--

--

--

--

--

-T

OTA

L1

11

11

15

11

12

15


6.6

.3O

rganis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Kara

chiSouth

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.M.Os

No.ofC.O.C

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofBailifs

No.ofDaftri

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofMalis

No.ofRecordkeepers

No.ofLibrarians

Total

1D

.J

11

21

1-

11

22

11

11

31

--

19

2A

.D

JS

77

6-

--

--

14

4-

4-

414

--

-53

3SR

.C

.JS

10

10

9-

-10

--

20

10

-4

-3

20

--

-86

4C

.JS

66

5-

--

--

12

6-

2-

312

--

-46

5J.M

S10

10

--

--

--

20

20

-10

-7

20

--

-87

TO

TA

L34

34

22

11

10

11

68

42

121

118

69

1-

-291

6.6

.4O

rganis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

nSm

all–K

ara

chiW

est

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.M.Os

No.ofC.O.C

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofBailifs

No.ofDaftri

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofRecordkeepers

No.ofWatermen

Total

1D

.J

11

21

12

12

110

14

13

21

134

2A

.D

JS

55

34

--

-14

--

--

--

14

--

40

3SR

.C

.JS

55

55

-2

-10

-5

-5

-5

10

--

52

4C

.JS

33

33

--

-6

-3

-3

-3

6-

-30

5J.M

S6

-1

5-

--

8-

6-

2-

310

--

35

TO

TA

L20

14

14

18

14

140

124

114

114

42

11

191


6.6

.5O

rganis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Kara

chiEast

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.M.Os

No.ofC.O.C

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofBailifs

No.ofDaftri

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofRecordkeepers

No.ofLibrarians

Total

1D

.J

11

21

11

11

10

222

119

115

91

88

2A

.D

JS

6-

6-

6-

--

15

-1

--

-1

13

-42

3SR

.C

.JS

97

8-

9-

--

20

--

-2

-3

15

-64

4C

.JS

43

2-

1-

--

8-

--

--

-8

-22

5J.M

S15

5-

--

--

-20

120

-3

-1

15

-65

TO

TA

L35

16

18

117

11

173

343

124

120

60

1281

6.6

.6O

rganis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

nSm

all–K

ara

chiC

entr

al

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofAssistantC.O.Cs

No.ofC.O.C

No.ofNazirs

No.ofClerks

No.ofHeadClerks

No.ofSr.Clerks

No.ofEnglishClerks

No.ofBailifs

No.ofDaftri

No.ofChowkidars

No.ofDrivers

No.ofSweepers


Total

1D

.J

11

11

11

19

11

120

12

11

245

2A

.D

JS

53

5-

-4

-8

-5

--

--

--

732

3SR

.C

.JS

63

6-

-6

212

-10

--

-3

-5

12

49

4C

.JS

4-

1-

--

-8

--

--

-4

-4

825

5J.M

S9

9-

--

--

18

--

-18

-9

-9

18

81

TO

TA

L25

16

13

11

11

355

116

138

118

119

47

242


6.6

.7O

rganis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Malir

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.O.C

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofDaftri

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofRecordkeepers

Total

1D

.J

11

11

-1

15

16

11

11

41

26

2A

.D

JS

22

2-

--

-4

--

-2

-2

4-

16

3SR

.C

.JS

11

1-

1-

-2

--

-1

-1

2-

94

C.JS

11

--

--

-1

--

--

--

1-

35

J.M

S5

5-

--

--

8-

4-

4-

36

-30

TO

TA

L10

10

41

11

120

110

18

17

17

184

6.6

.8O

rganis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Thatt

a

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.O.C

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofDaftri

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofRecordkeepers

Total

1D

.J

11

11

--

17

1-

11

11

71

24

2A

.D

JS

22

2-

--

-3

--

-2

-2

3-

14

3SR

.C

.JS

22

2-

22

-5

-3

-2

-2

3-

23

4C

.JS

55

--

-1

-11

-13

-5

-3

9-

47

5J.M

S2

2-

--

--

3-

3-

2-

23

-15

TO

TA

L12

12

51

23

129

119

112

110

25

1123


6.6

.9O

rganis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Hydera

bad

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofAdl.C.M.Os

No.ofC.O.C

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofHeadClerks

No.ofBailifs

No.ofBookbinders

No.ofWarders

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofWatermen

No.ofRecordkeepers

No.ofLibrarians

Total

1D

.J

11

11

1-

-1

11

1-

1-

21

17

11

132

2A

.D

JS

88

8-

--

--

15

--

--

4-

415

--

-54

3SR

.C

.JS

77

7-

-6

6-

24

-24

-2

5-

212

--

-95

4C

.JS

12

12

--

--

--

32

-7

--

7-

124

--

-83

5J.M

S7

7-

--

--

-12

-12

--

7-

712

--

-57

TO

TA

L35

35

16

11

66

194

143

12

25

115

70

11

1321

6.6

.10

Org

anis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Badin

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.O.C

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofDaftri

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofWatermen

No.ofRecordkeepers

Total

1D

.J

11

11

--

17

11

11

11

51

124

2A

.D

JS

22

2-

--

-4

--

-2

-2

4-

-16

3SR

.C

.JS

33

3-

22

-6

-6

-3

--

4-

-29

4C

.JS

44

--

--

-7

-4

-3

-1

73

-29

5J.M

S2

2-

--

--

3-

3-

2-

23

--

15

TO

TA

L12

12

61

22

127

114

111

16

23

41

113


6.6

.11

Org

anis

ationalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Dadu

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.O.C

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofDaftri

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofWatermen

No.ofRecordkeepers

Total

1D

.J

11

11

11

-1

7-

11

11

51

124

2A

.D

JS

77

7-

--

--

13

--

4-

311

--

45

3SR

.C

.JS

55

5-

4-

4-

13

6-

4-

18

1-

51

4C

.JS

77

--

--

--

25

22

-7

--

13

3-

77

5J.M

S7

7-

--

--

-13

13

-7

-7

13

--

60

TO

TA

L27

27

13

15

14

171

41

123

112

50

51

257

6.6

.12

Org

anis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Mit

hi

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.O.C

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofDaftri

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofRecordkeepers

Total

1D

.J

11

11

--

17

11

11

11

41

22

2A

.D

JS

11

1-

--

-2

--

-1

-1

2-

83

SR

.C

.JS

11

1-

11

-2

-2

-1

-1

1-

11

4C

.JS

11

--

--

-2

-1

--

-1

2-

75

J.M

S4

4-

--

--

8-

8-

4-

48

-36

TO

TA

L8

83

11

11

21

112

17

18

17

184


6.6

.13

Org

anis

ationalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Mir

purk

has

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers

No.ofAsst.C.O.C

No.ofC.O.C

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofBookbinders

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofRecordkeepers

Total

1D

.J

11

11

--

17

-2

12

11

61

25

2A

.D

JS

33

3-

--

-6

-2

-3

-3

6-

26

3SR

.C

.JS

55

5-

55

-11

-17

-4

-3

85

68

4C

.JS

44

--

--

-8

-2

-3

-2

8-

27

5J.M

S7

7-

--

--

11

-11

-7

-7

11

-54

6“EX

-D

.J

UM

ER

KO

T”

11

11

--

17

11

11

11

41

22

TO

TA

L21

21

10

25

52

50

135

220

217

43

7222

6.6

.14

Org

anis

ationalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Sanghar

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofAsst.C.O.Cs

No.ofC.O.Cs

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofBailifs

No.ofBookbinders

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofMali

No.ofRecordkeepers

Total

1D

.J

11

11

1-

-1

62

11

1-

51

123

2A

.D

JS

33

3-

--

--

5-

-3

-2

5-

-21

3SR

.C

.JS

44

4-

-3

3-

95

-3

-1

6-

-38

4C

.JS

55

--

--

--

14

11

-5

-1

9-

-45

5J.M

S3

3-

--

--

-6

6-

3-

36

--

27

TO

TA

L16

16

81

13

31

40

24

115

17

31

11

154


6.6

.15

Org

anis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Naush

ero

Fero

ze

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.O.C

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofDaftris

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofWatermen

No.ofMali

No.ofRecordkeepers

Total

1D

.J

11

11

--

16

12

1-

1-

2-

-1

19

2A

.D

JS

33

3-

--

-6

--

-3

-3

6-

--

27

3SR

.C

.JS

33

3-

33

-10

-6

-3

--

5-

--

39

4C

.JS

44

--

--

-14

-12

-3

-2

81

1-

49

5J.M

S6

6-

--

--

12

-12

-6

-6

12

--

-60

TO

TA

L17

17

71

33

148

132

115

111

33

11

1194

6.6

.16

Org

anis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Naw

absh

ah

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofAsst.C.M.Os

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofDaftri

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofWatermen

No.ofRecordkeepers

Total

1D

.J

11

11

--

16

1-

11

11

61

123

2A

.D

JS

33

3-

--

-6

--

-3

-1

6-

-22

3SR

.C

.JS

22

2-

22

-8

-9

-2

-1

4-

-32

4C

.JS

33

--

--

-7

-4

-3

-2

6-

-25

5J.M

S4

4-

--

--

8-

8-

4-

48

--

36

TO

TA

L13

13

61

22

135

121

113

19

30

11

138


6.6

.17

Org

anis

ationalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Sukkur

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.O.C

No.ofCashiers

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofBookbinders

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofWatermen

No.ofRecordkeepers

Total

1D

.J

11

11

-1

-1

81

21

-1

16

11

27

2A

.D

JS

55

5-

--

--

10

--

-2

-2

10

--

34

3SR

.C

.JS

22

2-

2-

2-

11

-16

-3

-1

4-

-43

4C

.JS

33

--

--

--

11

-7

-2

--

61

-30

5J.M

S4

4-

--

--

-8

-8

-4

-4

8-

-36

TO

TA

L15

15

81

21

21

48

133

111

18

34

21

170

6.6

.18

Org

anis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Khair

pur

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.O.Cs

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofBailifs

No.ofBookbinders

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofWatermen

No.ofMalis

No.ofRecordkeepers

Total

1D

.J

11

11

--

16

-1

11

15

11

122

2A

.D

JS

44

4-

--

-8

--

2-

28

--

-28

3SR

.C

.JS

44

4-

22

-12

12

-3

-1

6-

--

46

4C

.JS

88

--

-3

-14

10

-8

-7

12

3-

-65

5J.M

S8

8-

--

--

15

15

-8

-8

15

--

-69

TO

TA

L25

25

91

25

155

37

122

119

46

41

1230


6.6

.19

Org

anis

ati

onalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Ghotk

i

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.O.Cs

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofDaftris

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofRecordkeepers

Total

1D

.J

11

11

--

17

11

11

11

41

22

2A

.D

JS

44

4-

--

-7

--

-4

-4

7-

30

3SR

.C

.JS

33

3-

23

-7

-8

-2

-1

5-

34

4C

.JS

44

--

--

-8

-7

-4

-3

8-

34

5J.M

S3

3-

--

--

6-

6-

3-

36

-27

TO

TA

L15

15

81

23

135

122

114

112

30

1147

6.6

.20

Org

anis

ationalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Lark

ana

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.O.Cs

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofBookbinders

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofMalis

No.ofRecordkeepers

Total

1D

.J

11

11

--

17

1-

11

11

61

124

2A

.D

JS

10

10

10

--

--

16

--

-8

-8

16

--

68

3SR

.C

.JS

55

5-

55

-20

-18

-6

-3

8-

-75

4C

.JS

55

--

--

-10

-5

-5

--

10

--

35

5J.M

S10

10

--

--

-19

-19

-10

-10

19

--

87

TO

TA

L31

31

16

15

51

72

142

130

122

59

11

289


6.6

.21

Org

anis

ationalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Shik

arp

ur

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.O.Cs

No.ofCashiers

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofDaftris

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofWatermen

No.ofRecordkeepers

Total

1D

.J

11

11

--

-1

71

-1

11

16

11

24

2A

.D

JS

55

5-

--

--

9-

--

4-

49

--

36

3SR

.C

.JS

22

2-

2-

2-

4-

4-

2-

13

--

22

4C

.JS

77

--

-1

--

19

-13

-6

-6

14

3-

69

5J.M

S4

4-

--

--

-8

-8

-4

-4

8-

-36

TO

TA

L19

19

81

21

21

47

125

117

116

40

41

187

6.6

.22

Org

anis

ationalC

hart

ofa

Typic

alSess

ions

Div

isio

n—

Jaco

babad

SerialNo.

Nam

eofthe

Court

No.ofCourts

No.ofReaders

Stenographers


No.ofC.M.Os

No.ofNazirs

No.ofAccountants

No.ofClerks

No.ofEnglishClerks

No.ofBailifs

No.ofDaftris

No.ofChowkidars

No.ofDrivers

No.ofSweepers


No.ofWatermen

No.ofRecordkeepers

Total

1D

.J

11

11

--

17

1-

11

11

71

125

2A

.D

JS

44

4-

--

-9

--

-4

--

8-

-29

3SR

.C

.JS

33

3-

33

-10

-2

-3

--

5-

-32

4C

.JS

55

--

--

-16

-11

-5

--

10

--

47

5J.M

S3

3-

--

--

6-

6-

3-

36

--

27

TO

TA

L16

16

81

33

148

119

116

14

36

11

160


6.7 Establishment strength of High Court (vacancy-wise sanctionedand actual strength)

TOTAL WORKINGSR.NO.

DESIGNATION STRENGTH STRENGTH VACANT

1 Registrar 1 1 -2 Member Inspection Team 1 1 -3 Secretary to the Chief Justice 1 1 -4 O.S.D. (Admin) 1 1 -5 Addl: Registrar (Admin). 1 - 16 Deputy Registrar (Accounts) 1 1 -7 Private Secretary to the Chief Justice 1 1 -9 Addl: Registrar (O.S.) I. 1 - 110 Deputy Registrar (Admin) 1 1 -11 Addl: Registrar (O.S.) II.. 1 1 -12 Secretary (Protocol) 1 1 -13 Deputy Registrar (Nazir) 1 1 -14 O.S.D. (Judl:) 1 1 -15 Deputy Registrar (Judl:) 1 1 -16 Secretary Inspection Team 1 1 -17 System Analyst. 1 1 -17 Research Officer. 1 1 -18 Administrative Offier ( Maintenance ) 1 1 -19 Librarian. 1 1 -20 Assistant Registrars. 21 19 221 Computer Programmers. 2 2 -22 Data Processing Officers. 2 2 -

TOTAL 44 40 4


ESTABLISHMENT STRENGTH OF HIGH COURT OF SINDH PRINCIPALSEAT AT KARACHI, VACANCY WISE SANCTIONED AND ACTUAL STRENGTH(B) AS ON 31-12-2002

SR. TOTAL WORKINGNO.DESIGNATION SCALE STRENGTH STRENGTH VACANT1 Private Secretary to Judge B-17 32 31 12 Reader to Judge B-17 32 31 13 Private Secretary (Protocol) B-17 18 17 14 P.A. to Judge B-16 30 30 -5 P.A. to Officer B-16 11 10 16 Senior Translator B-16 5 5 -7 Assistant B-15 16 9 78 Data Coder B-12 2 1 19 Assistant B-11 33 27 610 Junior Translator B-11 6 4 211 Telephone Operator B-11 5 5 -12 Senior Clerk B-9 19 18 113 Senior Clerk B-7 38 37 114 Junior Clerk B-7 24 22 215 Junior Clerk B-5 62 59 316 Electric Machine Operator B-5 2 2 -17 Driver B-4 37 34 318 Head Bailiff B-2 1 1 -19 Garden Supervisor B-2 1 1 -20 Book Binder B-2 4 4 -21 Daftary B-2 33 33 -22 Gestetner Operator B-2 2 2 -23 Despatch Rider B-4 2 2 -24 Bailiff B-1 22 22 -25 Naib Qasid B-1 118 118 -

For High Court B-1 89 89 -For Judges residence B-1 29 29 -

26 Mali B-1 38 38 -For High Court B-1 9 9 -For Judges residence B-1 28 28 -

27 Farash B-1 24 24 -28 Chowkidar B-1 21 21 -29 Sweeper B-1 22 22 -

TOTAL 815 785 30


SR

.N

AM

EO

FC

IRC

UIT

CO

URT

HY

DER

AB

AD

CIR

CU

ITC

OU

RT

LA

RK

AN

AC

IRC

UIT

CO

URT

SU

KK

UR

NO

.P

OST

SA

NC

TIO

NED

WO

RK

IN

GVA

CA

NT

SA

NC

TIO

NED

WO

RK

IN

GVA

CA

NT

SA

NC

TIO

NED

WO

RK

IN

GVA

CA

NT

ST

REN

GT

HST

REN

GT

HST

REN

GT

HST

REN

GT

HST

REN

GT

HST

REN

GT

H1

AD

DIT

ION

AL

REG

IST

RA

R(B

-19)

11

-1

1-

1-

12

DEPU

TY

REG

IST

RA

R(B

-18)

11

-1

1-

11

-3

ASSIS

TA

NT

REG

IST

RA

R(B

-17)

22

-2

2-

22

-4

REA

DER

TO

JU

DG

E(B

-17)

22

-2

2-

21

15

REA

DER

TO

AD

DL:R

EG

:(B

-17)

11

-1

1-

1-

16

P.S

TO

JU

DG

E(B

-17)

22

-2

-2

21

17

AC

CO

UN

TA

NT

(B-1

7)

--

-1

1-

--

-8

P.A

TO

JU

DG

E(B

-16)

22

-3

3-

11

-9

P.A

TO

AD

DL

:R

EG

:(B

-16)

11

-1

1-

1-

110

ASSIS

TA

NT

AC

CO

UN

TA

NT

(B-1

4)

11

-1

1-

11

-11

ASSIS

TA

NT

(B-1

1)

33

-2

11

44

-12

SEN

IOR

TR

AN

SLAT

OR

(B-1

6)

--

--

--

11

-13

JU

NIO

RT

RA

NSLAT

OR

(B-1

1)

22

-2

2-

11

-14

LIB

RA

RIA

N(B

-10)

11

-1

1-

11

-15

TELEPH

ON

EO

PER

AT

OR

(B-5

)1

1-

11

--

--

16

ST

EN

OT

OA

DD

L:R

EG

(B-1

2)

--

--

--

--

-17

SEN

IOR

CLER

K(B

-7)

54

13

3-

65

118

JU

NIO

RC

LER

K(B

-5)

10

10

-5

41

66

-19

CA

RE

TA

KER

11

-1

1-

11

-20

CO

OK

(B-5

)1

1-

11

-2

2-

21

BEA

RER

(B-5

)3

3-

33

-3

3-

22

DR

IVER

(B-1

)1

1-

11

-3

3-

23

DA

FT

RI

(B-2

)3

3-

33

-1

1-

24

BO

OK

BIN

DER

(B-2

)1

1-

--

--

--

25

BA

ILIF

F(B

-1)

33

-3

3-

33

-26

NA

IBQ

ASID

(B-1

)8

8-

10

10

-10

10

-27

CH

OW

KID

AR

(B-1

)6

6-

99

-8

8-

28

MA

LI

(B-1

)4

4-

66

-7

7-

29

FA

RA

SH

(B-1

)2

2-

22

-2

2-

30

SW

EEPER

(B-1

)5

5-

76

17

7-

TO

TA

L73

72

175

70

578

72

6


6.8

Est

ablish

ment

stre

ngth

of

Sess

ions

Div

isio

ns

(vaca

ncy

-wis

esa

nct

ioned

and

act

ualst

rength

for

each

Sess

ions

Div

isio

n)

SA

NC

TIO

-

NE

DW

OR

KIN

G

VA

CA

NT

SA

NC

TIO

-

NE

DW

OR

KIN

G

VA

CA

NT

SA

NC

TIO

-

NE

DW

OR

KIN

G

VA

CA

NT

SA

NC

TIO

-

NE

DW

OR

KIN

G

VA

CA

NT

SA

NC

TIO

-

NE

DW

OR

KIN

G

VA

CA

NT

SA

NC

TIO

-

NE

DW

OR

KIN

G

VA

CA

NT

JU

DG

E S

MA

LL

CA

US

ES

CO

UR

T1

11

10

KA

RA

CH

I-S

OU

TH

11

07

61

10

73

66

01

01

00

34

30

4

KA

RA

CH

I-W

ES

T1

10

55

05

50

33

06

60

20

20

0

KA

RA

CH

I-E

AS

T1

10

66

09

90

44

01

51

50

35

35

0

KA

RA

CH

I-C

EN

TR

AL

11

05

41

66

04

40

99

02

52

41

MA

LIR

11

02

20

11

01

10

55

01

01

00

HY

DE

RA

BA

D1

10

86

27

61

12

12

07

70

35

32

3

TH

AT

TA

11

02

20

22

05

50

22

01

21

20

BA

DIN

11

02

20

33

04

40

22

12

12

0

DA

DU

11

07

52

54

17

70

77

27

24

3

MIT

HI

10

11

10

11

01

10

43

18

62

MIR

PU

RK

HA

S1

10

33

05

50

43

17

72

01

91

SA

NG

HA

R1

10

33

04

40

55

03

21

16

15

1

NA

US

HE

RO

FE

RO

ZE

11

03

30

33

04

40

66

01

71

70

NA

WA

BS

HA

H1

10

32

12

20

32

14

40

13

11

2

SU

KK

UR

11

05

41

21

13

30

44

01

51

32

KH

AIR

PU

R1

10

42

24

40

88

08

71

25

22

3

GH

OT

KI

11

04

31

33

04

40

33

01

51

41

LA

RK

AN

A1

10

10

82

54

15

50

10

64

31

24

7

SH

IKA

RP

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THIS PAGE BLANK


SUBORDINATE COURTSSANCTIONED STRENGTH


THIS PAGE BLANK


8 SUBORDINATE COURTS—SANCTIONED STRENGTH

8.1 Number of Subordinate Courts

NAME OF THE COURTS SANCTIONED WORKING VACANT TOTAL

District & Session Judge 21 19 2 21

Additional District & Session Judge 89 75 14 89

Senior Civil Judge 82 74 8 82

Civil Judge 95 90 5 95

Judicial Magistrate 119 112 7 119

GRAND TOTAL 406 370 36 406

SUBORDINATE JUDICIARY

Number of Courts as on 31-12-2002


8.2 Number of Judicial Officers of Subordinate Courts

NAME OF THE COURTS WORKINGUNDER

SUSPENSION

EX-

CADRE

WAITING FOR

POSTINGTOTAL

District & Session Judge 18 - 38 3 59

Additional District & Session Judge 75 - 14 1 90

Senior Civil Judge 73 1 6 - 80

Civil Judge 88 2 7 - 97

Judicial Magistrate 110 2 2 1 115

GRAND TOTAL 364 5 67 5 441

SUBORDINATE JUDICIARY

Number of Judicial Officers as on 31-12-2002


LEGAL RESEARCH, LIBRARY ANDAUTOMATION PLAN


THIS PAGE BLANK


9 HIGH COURT OF SINDH LIBRARY

9.1 Library Branch of High Court of Sindh

The Library of the High Court of Sindh is one of the modern law libraries in the country. TheLibrary is fully automated. It has been well equipped to deal with the needs of Judges and Officersof the court.

The Library has a collection of about 41587 volumes of law books both international andnational, law journals/reports, Gazette of Pakistan, latest edition of the Pakistan Code, SindhGovernment Gazette containing Acts and Ordinances, encyclopaedias and other general books.

The Library subscribes to 56 law journals/reports from different parts of country and the rest ofthe world. A major part of the library collection has been built up through purchases. The SeniorPuisne Judge is incharge Judge of the Library.

9.2 Library Services

The Library is primarily meant for the use of Judges and Officers of the Court. Accordingly, theLibrary provides bibliographical aid and reference service to the Judges as well as Officers. A list ofnew books is circulated among the Judges and is also displayed on the notice board of the Library.

To deal with increasing information pertaining to collection, storing and retrieval, the Library ispreparing to utilise the technology available for automating the management of such information.Essentially, this means the employment of computers and computer software to handle the tasks oflibrary housekeeping, like acquisition, cataloguing, circulation control, serials control, informationstorage, retrieval and dissemination. For the purpose of introducing automation in the library, thecomputer based retrieval system named Library Management System (LMS) was started in 2001.At present, the library has one PC with one terminal & a printer being used for storage and retrievalof data. Books can now be located in the computer by author, title and subjects.

10 HIGH COURT OF SINDH AUTOMATION PLAN

The High Court of Sindh is pursuing vigorously a detailed automation plan for the High Courtas well as for the Subordinate Judiciary. The plan essentially deals with hardware and softwarerequirements for implementing and attaining case law management, a case-flow system, as well asan information system to cater to the needs of the Judges and Judicial Officers.

The plan was initiated during the period of Chief Justice Mr. Justice Nasir Aslam Zahid, however,progress was made only after the appointment of a System Analyst in 1997. It was then thata Computer Branch was established in the Court. At that time there was only one un-brandedold computer (486DX) available in the Court in the MIT branch. A clerk of the Court had beendeputed to work as operator on the computer. The then Member Inspection Team guided theSystem Analyst about the working of the Court for the purpose of developing software applicationssuch as disposal/pendency system of the Subordinate Judiciary and leave system for the staff of theCourts. Mr. Justice (Retd.) Amanullah Abbasi supervised the overall process of computerisation. Incoordination with Mr. Justice S. Ahmed Sarwana, 33 IBM computers were purchased in 1999. Thethen Registrar, Mr. Justice Wahid Bux Brohi, also guided the System Analyst in understandingthe working of this Court and in developing software programs. The System Analyst continued towork with two clerks for about two and a half years. The rest of computer staff was appointed in


2000. The Computer Department, today, includes one system analyst, two programmers, two dataprocessing officers, one assistant and one data-coder.

After the retirement of Mr. Justice Amanullah Abbasi, the automation plan is being supervisedby Mr. Justice S. Ahmed Sarwana with most Judges contributing to the process for the benefitof the Judiciary and the general public. As a result, 9 DELL computers were purchased in 2000,while 15 un-branded computers and 20 local branded computers (J-Pet) were purchased in 2001along with facilities for networking. The computerisation of Judges Library of the Court has beenundertaken because of the special attention and guidance of the Senior Puisne Judge, Mr. JusticeSabihuddin Ahmed. The donation of 5 computers from Sir Syed University is because of the effortsof Mr. Justice Sarmad Jalal Osmany. Mr. Justice Zahid Kurban Alavi, Mr. Justice Wahid BuxBrohi and Mr. Justice Mushir Alam have also been guiding the system analyst. In addition to this,14 computers were donated by the Asia Foundation to the Court. The District Pilot Courts projectis due to the efforts of Mr. Justice Muhammad Sadiq Laghari, the present Registrar of the Court,Mr. Abdul Ghafoor Memon, as well as Mr. Z.A.K. Sherwani, present D.J. Karachi Central.

The foundations for automation having been successfully laid, an actively functioning ComputerBranch has been established with 97 computers including one Server Computer. Networking of 69nodes has been installed in various branches of the Court. The staff of Computer Branch havedeveloped software for different applications. A yearly plan for computerisation has also been made,and this is followed up and revised from time to time. A Computerisation Committee has beenconstituted by the Chief Justice comprising Mr. Justice S. Ahmed Sarwana, Mr. Justice Wahid BuxBrohi and Mr. Justice Mushir Alam.

Among the computer applications and systems developed by the Computer Branch of the HighCourt of Sindh are the following:

1. Case Flow Management System (CFMS). The purpose of this application is to maintaincomplete information of cases of the High Court of Sind (Principal Seat) from institution todisposal. This application will also work in the Circuit Courts when the required computersand networking facility is provided. The programme has been analysed and designed by Mr.Abdul Rasheed Mahar, System Analyst and Mr. Safdar Abbas, Programmer. The applicationis based on the following modules:

(a) Case Institution and Case File Management Module(b) Cause List and Case History Module(c) Case Diary and Court Proceedings Module(d) Module for Online Court Proceedings watched on TV/Computer/Web(e) Module for Notices and Summons(f) Module for Case Consignment, Recording and Transfer(g) Module for Pendency and Disposal of Cases

2. Subordinate Judiciary Information System (SJIS). The purpose of this applicationis to maintain complete information on the Subordinate Judiciary including Judicial Of-ficers, Courts, cases, vehicles and Buildings. The programme has been developed by Mr.Abdul Rasheed Mahar, System Analyst and Mr. Shakeel Ahmed Qazi, Data Processing Offi-cer (DPO). The application has the following modules:

(a) Personal Information of Judicial Officers(b) Transfers and Postings(c) Seniority List(d) A.C.Rs., Complaints, Worth and Conduct


(e) Leaves of Judicial Officers(f) Disposal and Pendency of Cases(g) Budget and Accounts Management(h) Vehicle Information(i) Assets Information

3. Library Management System (LMS). The purpose is to maintain and manage informa-tion on books including recording and retrieval. Developed by Mr. Abdul Rasheed Mahar,System Analyst, Mrs. Ishrat-ul-Nisa, Programmer, Mr. Shakeel Qazi, Data Processing Officer(DPO) and Mr. Muhammad Asif, Data Coder (Data feeding).

4. Programs Developed for the Administration.

(a) Personnel Information System (PIS)(b) Budget Management System (BMS)(c) File Tracking System (FTS)(d) Website of the Court

Programmes and applications planned for the future include:

1. Case Law Information System. This is a subscription through Oratier (Pvt.) Ltd. (aLahore based company having joint venture with PLD Publishers).

2. Accounts Management System for the Nazir Branch (approved by the Chief Justice)

3. Revised Pendency/Disposal System for the Inspection Branch (approved by theChief Justice)

4. Revised Subordinate Judiciary Information System for all the District courts ofSindh (approved by the Chief Justice)

It is to be noted that most of the applications go through a lengthy process, take months to beready for data input, making queries and printing reports, and will take longer to mature. Main-tenance of these applications is also a regular process. The computer branch, as per requirementsof the users of the concerned branches, is making regular modifications and enhancements in theprograms.

Some of the other services rendered by the Computer Branch include:

1. The staff of Computer branch provides training to the staff of the Court in particular in theoperation of computers and the applications developed by the Branch.

2. It handles all software/hardware complaints from 97 users of computers of the High Court aswell as the Circuit Courts.

3. Technical support is also provided the District Courts of Karachi.

The data provided above has been excerpted from a report written by the System Analyst ofthe Court.


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SINDH MEDIATION CENTRE


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11 SINDH MEDIATION CENTRE

1. The Mediation Process

1.1 The mediation process conducted by the Sindh Mediation Centre [“Centre”] is to be governedby this mediation procedure.

1.2 Parties to a dispute or negotiation seeking mediation may initiate the same by sending in arequest for mediation to the Centre. Such a request should state the nature of the dispute,the names, addresses and contact numbers of the parties to the dispute, their representativesand advisors.

1.3 Where not all the parties to a dispute have initiated mediation, the Centre will -

a within 14 days from the date of request contact the remaining parties to persuade them toparticipate in the mediation process; and

b within 21 days from the date of request inform all parties whether mediation can proceed.

1.4 The mediation process will involve the parties, their representatives, and/or advisors (if any)and the Mediator or Mediators. The mediation will be conducted in confidence, and all com-munications will be on a “without prejudice” basis.

2. Mediation Agreement

2.1 Before mediation is carried out, the parties will enter into an agreement [“the MediationAgreement”] based on the Model Mediation Agreement in relation to the conduct of themediation.

3. The Parties

3.1 Generally, individuals should attend the mediation in person. In the case of corporate enti-ties, the parties may appoint representatives to the mediation. The parties will confer upontheir representatives the necessary authority to settle the dispute. The parties will supplyto the Centre and the Mediator the names of the representatives and advisors attending themediation seven days before the commencement of such mediation.

3.2 The Mediator will determine the steps to be taken during the mediation proceedings after con-sultation with the parties. The parties will be deemed, upon signing the Mediation Agreement,to have accepted and will be bound by the terms of this procedure.

4. The Mediator

4.1 Upon the parties’ entry into the Mediation Agreement, the Centre will appoint a person toact as the Mediator or several persons as Mediators.

4.2 The Centre in the selection will choose a person who, in its view, will be best placed to serveas the Mediator. In the event that any of the parties has reasons to object to a choice, theCentre will appoint another person.

4.3 A person selected as Mediator will disclose any circumstances likely to create an impressionof bias or prevent him from acting promptly. The Centre upon receipt of such disclosure willappoint another person as the mediator, unless the parties decide otherwise.


4.4 The Mediator will -

a prepare himself appropriately before the commencement of mediation;

b abide by terms of the Mediation Agreement and the Code of Conduct;

c assist the parties in the drawing up of any written settlement agreement; and

d in general, facilitate negotiations between the parties and steer the direction of the discussionwith the aim of finding a mutually acceptable solution. Unless expressly requested by all theparties involved, the Mediator will not make any ruling/finding with respect to the dispute.

4.5 The Mediator (or any member of his firm or company) should not act for any of the partiesat any time in connection with the subject matter of the mediation. The Mediator and theCentre are not agents of, or acting in any capacity for, any of the parties. The Mediator isnot an agent of the Centre.

5. The Centre

5.1 The Centre will make the necessary arrangements for the mediation, including -

a appointing the Mediator;

b organising a venue and assigning a date for the mediation;

c organising an exchange of summaries of cases and documents; and

d providing general administrative support.

5.2 The Centre, together with the Mediator, will assist in drawing up the mediation agreement,if necessary.

6. Exchange of information

6.1 The parties will exchange through the Centre, at least five days before the Mediation, thefollowing -

a a concise summary [“the Summary”] stating its case; and

b if necessary, copies of all documents referred to in the Summary and which are to be referredto during the Mediation.

6.2 Each party may also send to the Mediator, through the Centre, or bring to the Mediation,documents which it wishes to disclose only to the Mediator, stating clearly in writing that thecontents of these documents are to be kept confidential by the Mediator and the Centre.

6.3 The parties should try to, through the Centre, agree to the maximum number of pages of eachother’s Summary and documents. They should also try to agree on a joint set of documents.

7. The Mediation

7.1 The Mediation will be conducted in confidence, and no transcript or formal record will bemade. No audio-visual recording will be made of the proceedings. Only the Mediator, theparties and/or their representatives and advisors will be permitted to be present during themediation.


7.2 All communications made in the Mediation, including information disclosed and views ex-pressed, are made on a strictly “without prejudice” basis and shall not be used in anyproceedings.

7.3 The Mediator may obtain expert advice in technical matters with the consent of the partieswho shall bear the expenses incurred.

7.4 The Mediator may conduct joint meetings with all, or separate meetings with each of theparties, whether before or during the mediation.

7.5 In the event that no settlement is reached, and at the request of all parties and the Mediatoragrees, the Mediator will produce a non-binding written recommendation of the terms ofsettlement. Such a recommendation will only be the Mediator’s own assessment. Except withthe consent of the Mediator and of all parties, it shall not be used in any proceeding ofwhatever nature.

8. Settlement agreement

8.1 No settlement reached in the Mediation will be binding until it has been reduced to writingand signed by or on behalf of the parties.

9. Termination

9.1 Any of the parties may withdraw from the Mediation at any time by giving notice of with-drawal in writing to the Mediator and the other parties.

9.2 The Mediation will terminate when -

a a party withdraws from the Mediation;

b a written settlement agreement is concluded;

c the Mediator decides that continued mediation is unlikely to result in settlement; or

d the Mediator decides that he should withdraw from the Mediation for any of the reasonsstated in the Code of Conduct.

10. Stay of Proceedings

10.1 Unless the parties otherwise agree, the Mediation will not prevent the commencement of anysuit or arbitration, nor will it act as a stay of such proceedings.

11. Confidentiality

11.1 All persons involved in the mediation will keep confidential and not use for any collateral orulterior purpose -

a the fact that mediation is to take place or has taken place;

b any views expressed, suggestions or proposals of settlement made by another party in thecourse of the Mediation;

c proposals suggested or views expressed by the Mediator;


d the fact that another party had or had not been willing to accept a proposal for settlementmade by the Mediator; and

e all information (whether oral or in writing) produced for or arising in relation to the Mediationincluding any settlement agreement except as directly necessary to implement and enforce anysuch settlement agreement.

11.2 All documents (including anything stored electronically) or any other information producedfor, or arising in relation to, the Mediation will be privileged, and will not be admissible asevidence or discoverable in any proceedings connected with the dispute unless such documentswould have in any event been admissible or discoverable.

11.3 The parties will not call the Mediator or the Centre (or any employee, officer or representative)as a witness, consultant, arbitrator or expert in any proceedings in relation to the dispute.

12. Fees

12.1 The Centre’s fees (including the Mediator’s fees) will be borne equally by the parties or as theparties settled them self. The fees will be charged according to the fee schedule of the Centre.

12.2 Each party will bear its own costs, expenses and disbursements of its participation and thefees of its advisors in the Mediation.

13. Waiver of liability

13.1 The Mediator will not be liable to the parties for any act or omission in connection withthe services provided by him in or in relation to the Mediation, unless the act or omission isfraudulent or involves wilful misconduct.

13.2 The Centre will not be liable to the parties for any act or omission in connection with theservices provided by it or in relation to the Mediation.

14. Interpretation

14.1 The interpretation of any provision in this Mediation Procedure shall be made by the Centre.

The rules contain two model mediation agreements—one for corporations/firms, the second fornatural persons—a code of conduct for the Mediator and a fee schedule


SINDH JUDICIAL ACADEMY


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12 SINDH JUDICIAL ACADEMY

The Sindh Judicial Academy was set up in May 1992 under a resolution of the High Court of Sindh,Karachi. The opening ceremony of the Academy was performed by the then Chief Minister Sindh,at which the Chief Justice and other Judges of the High Court and Senior Advocates of the HighCourt were present. The Academy started working the same day and training began with 35 newlyrecruited Civil Judges and Judicial Magistrates. In 1993, an Ordinance was promulgated to providelegal cover for the working and functions of the Academy, and in 1994 the Ordinance was replacedby an Act of the Sindh Assembly.

12.1 Functions of the Academy

The functions of the Academy are:

1. legal orientation, training of members of the subordinate judiciary, law officers and membersof the bar;

2. continuing education of members of the subordinate judiciary;

3. holding of conferences: seminars, workshops, and symposia for improvement of judicial systemand quality of judicial work;

4. providing information on legal and constitutional research;

5. to conduct departmental examinations of members of establishment of subordinate courts andthe High Court;

6. publishing of journals, memories, research papers or reports; and

7. performing such other incidental functions as may be approved by the Board or as may berequisite to further its objectives.

12.2 Teachers/Professors in the Academy

The Academy has always appointed highly qualified and eminent persons as its regular Professorsfor imparting training at the Academy. From time to time the Academy had also been requestingeminent Advocates and retired Judges to deliver lectures on various legal matters.

12.3 The Trainees

During the last 11 years, from 22nd May, 1992 to 30th June, 2003, the Academy has impartedtraining to over 800 participants including Additional District & Sessions Judges, Senior CivilJudges, Civil Judges, Judicial Magistrates, Police Officers, ASPs, DSPs and SHOs of Karachi,Naval Officers and Advocates.

The purpose and object of the Academy is to impart training to judicial officers that is notconfined to the teaching of law. A precise knowledge of and acquaintance with the English language,the language in which they are required to record evidence and write orders, is also given importance.The Academy while imparting training to the judicial officers has also been paying attention to theirdifficulties.

In order to give practical training pertaining to the Arms Ordinance, mostly A.I.G. (Police)dealing with the subject are called to give lectures at the Academy. The trainees are taken to thelaboratory to elaborate the various types of firearms and how the shells are linked to weapon usedand later recovered.


12.4 Method of Training

Training focuses on the understanding and application of the law on the basis facts. This objectiveis achieved by:

1. Giving lectures on important aspects of law, followed by assignments based upon the lectureswith the aim of ascertaining whether the trainees have understood the important aspects ofthe lectures.

2. Requiring every newly recruited judicial officer to frame charges, write judgements in criminalcases, to frame issues and write judgements in civil cases, in at least 20 cases during the periodof training.

3. The subjects in which training is imparted to the judicial officers include:

(a) Interpretation of statutes;

(b) Recording of evidence;

(c) Writing of judgements;

(d) Framing of charges and issues;

(e) Appreciation of evidence;

(f) Mock trials at the end of which each trainee is required to write judgements based onthe evidence recorded at the mock trial.

To facilitate training, the participants are divided into batches and each batch is required toattend the court of a High Court Judge/Judges for about two hours four days a week and writenotes in respect of the cases they have heard, including a summary of arguments submittedby the Advocates including the observations made by the courts. The reports are submittedto the Director-General, who monitors the progress of each trainee.

4. The subject on which lectures are delivered include the criminal law, civil law, Qanun-e-Shahadat Order, family laws, General Clauses Act, Muslim laws, conduct of judges, specificrelief, drugs laws, law of the juvenile systems and the ADR process.

To make the training more effective and to follow up on the progress made:

1. Each newly recruited judicial officer, who has received training at the Judicial Academy, isrequired for a period of two years after the expiry of his training to send copies of eachjudgement or final order that he hands down to the Academy for purpose of monitoring bythe Academy and to ascertain whether the judges are deciding cases in accordance with thetraining imparted to them.

2. Every bail order or order recorded under sections 249-A, 249 or 265-K of the Cr.P.C. passedby any judicial officer, other than the Sessions Judges, are to be sent to the Judicial Academy,for monitoring and approval of the Chief Justice.

3. Every month, the Academy prepares a monthly/supplementary legal letter including up-to-date judgements reported in the P.L.D., S.C.M.R., P.Cr.L.J., C.L.C. and S.B.L.R. withcomments on some of the judgements. Copies of which are furnished not only to the HighCourt Judges, but also to the all Sessions Judges, ADJs, Civil Judges, Judicial Magistratesin the Province.


The Academy had also arranged for a test held in respect of all the Civil Judges and Magistratesposted at Karachi, the question paper of the said test and the answer papers were respectivelyprepared and monitored by the Director General and the results of the test were submitted to theChief Justice, indicating the level of efficiency of the participants.

The Academy in order to enable the Subordinate Courts to build a basic library has furnishedthem with the copies of the P.P.C., Cr.P.C., Qanun-e-Shahadat Order, Rent Laws (with commen-tary), Manual of family laws, up-to-date Major Acts, and digest of Criminal cases.

The campus of the Academy is presently located in two bungalows at Bath Island. Essentiallyfunds are required for building a conference hall, hostel accommodation and to provide spaciousspace for the Library. The annual grant given by the Provincial Government is Rs. 3.00 Million andthis is the only major source of its income, which is too meagre to provide even the basic facilities.

The current syllabus followed at the Academy is as follows:

1. Civil Procedure-1

(a) Jurisdiction(b) Bar of jurisdiction under general and

special laws(c) Cause of action(d) Rejection of plaint, res judicata, issues,

inherent power(e) Principles governing interim relief

2. English Language, Ethics, Code of Conduct,Drafting and Research

(a) Drafting judgements/orders(b) Modern trends in the English language,

grammar and style(c) Tools and methods of research(d) Ethics and code of conduct for judges

3. Administration of Justice, Interpretation ofStatutes, Legal Maxims, Mock Trials andCourt Management/Procedure

(a) Interpretation of Statutes(b) Legal Maxims(c) Precedents and Administration of Jus-

tice(d) Court Management/Procedures, Civil

Court Rules/Federal Criminal CourtCirculars

(e) Mock Trials

4. Civil Procedure-2

(a) Appeal and Revision(b) Execution

5. Criminal Procedure

(a) Bail

(b) Quashment (Ss. 249-A, 265-K and 561-A Cr.P.C.)

(c) Confessions and other statements(d) Remand(e) Salient features of Cr.P.C. and Crimi-

nal Procedure(f) Law of Identification(g) Parole and probation(h) Charge

6. Criminal Law

(a) P.P.C.(b) Qisas & Diyat Ordinance(c) Hudood Laws(d) Control of Narcotic Substances Act

7. Civil Law-1

(a) Contract Act(b) Limitation Act(c) Law of Torts

8. Civil Law-2

(a) Transfer of Property Act(b) Specific Relief Act(c) Intellectual Property Laws

9. Medico Legal Jurisprudence

(a) Medico Legal Examination(b) Postmortem(c) Ballistic reports(d) Chemical Analyser’s report

10. Qanun-e-Shahadat11. Rent Laws12. Jail, Juveniles, Woman, Human Trafficking,

Immigration and Extradition

(a) Jail Manual/issues(b) Laws relating to juveniles


(c) Women issues(d) Human Trafficking, Immigration and

Extradition

13. Alternate Dispute Resolution (ADR)14. Constitutional Law of Pakistan

(a) Constitutional history(b) Basic constitutional principles/provisions(c) Compare Common Law, Equity(d) Constitutional provision origin of writ

jurisdiction

(e) Conflict of law

15. Analytical application of the legalprinciples—How to apply precedents

16. Comparative study of legal decisions

(a) Halsbury’s Law(b) All England Law Reports(c) Privy Council(d) Indian Supreme Court(e) Pakistani Supreme Court decisions

The details provided here have been excerpted from a report by Justice (R) Dr. Ghous Moham-mad, Director-General, Sindh Judicial Academy.


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