The Supreme Court has ruled that any inaction on part of a chief justice of the high court in response to a complaint of a judicial officer regarding the interference of executive agencies would be contrary to his constitutional obligations under Article 203 of the Constitution.
"The Chief Justice of the Lahore High Court: firstly, acted within his constitutional authority under Article 203 to supervise the proceedings of subordinate courts, including the Anti-Terrorism Courts; and secondly, in light of the dismissal of the reference against the Presiding Judge by the Administrative Judge due to insufficient grounds, the Chief Justice was also fully justified in not taking further action on the transfer application, which lacked merit and was based solely on a reference that lacked compelling evidence.
"We are mindful of the fact that the Chief Justice of a High Court in a province is the paterfamilias of the judiciary within that province. Therefore, any inaction on his part in response to any such like complaint of a judicial officer would be contrary to his constitutional obligations under Article 203 of the Constitution," a four-page judgement authored by Chief Justice of Pakistan (CJP) Yahya Afridi read while hearing a petition filed by Punjab Prosecution Department against the order of then chief justice Lahore High Court (LHC) on applications moved by the state seeking transfer of cases from one presiding judge of the anti-terrorism court (ATC) to another.
The main thrust of the special prosecutor representing the state was that findings recorded in paras 8 and 9 of the orders were not only uncalled for but also beyond mandate of authority vested in the chief justice.
It is to be noted that former LHC CJ Malik Shahzad Ahmad Khan had taken position against the executive agencies interference in ATC judges affairs.
He even took strong exception to the Punjab government's request to transfer the ATC Rawalpindi judge. The Punjab government was reluctant to appoint those ATCs judges who were recommended by ex-LHC chief justice.
He had referred complaint of ex-ATC judge Sargodha to the apex court which was hearing suo motu cases on six Islamabad High Court judges letter against the interference of agencies in their judicial functions.
In the meanwhile, the government with the help of ex-CJP Qazi Faez Isa was able to elevate Malik Shahzad Ahmad Khan to the apex court. Four Supreme Court judges were not in favor of his elevation to the apex court as they believed the Punjab judiciary needed a strong administrative head.
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