Constitutional Petition Against The Judicial Commission of Pakistan
IN THE PESHAWAR HIGH COURT, PESHAWAR
Writ Petition No. _______/2012
Mr. Muhammad Azim Khan Afridi S/O Malik Zar Khan, (Additional Judge Islamabad High Court, Islamabad) presently under report to Peshawar High Court, Peshawar. (PETITIONER)
VERSUS
1. The President of Pakistan through Ministry of Law & Parliamentary Affairs Division Islamabad
2. Govt. of Pakistan through Ministry of Law & Parliamentary Affairs Division Islamabad.
3. The Secretary, Judicial Commission of Pakistan, Supreme Court of Pakistan, Islamabad. (RESPONDENTS)
PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN 1973
Respectfully Submitted that:-
1. That the petitioner was serving as District & Sessions Judge in the Province of Khyber Pakhtunkhwa, when elevated as Additional Judge Islamabad High Court against the seat reserved for FATA.
2. That after taking oath of office as Additional Judge, the petitioner has discharged his duty and performed his functions meritoriously, honestly & with dedication so much so that right from the date of taking oath of office the petitioner had not availed any leave even for one hour and has worked hard, day and night in order to deliver and come up to the expectation of the community of FATA in general and the nation, public litigants and other stakeholders in particular.
3. That while performing as Judge, the Chief Justice Islamabad High Court started assigning administrative duties to the petitioner immediately after his elevation.
4. That vide circular no. Reg./IHC/2011/5021 Dated 24/11/2011, the Hon’ble Chief Justice Islamabad High Court nominated the petitioner to get completed the process of independent functionality of both the Civil District & Sessions Divisions of Islamabad Capital Territory by suggesting ways & means for
(i) Bifurcation of Judicial work,
(ii) Appointment of the Judicial Officers
(iii) The allied staff,
(iv) Their housing &
(v) Taking of all necessary steps in that regard.
5. That the petitioner was also appointed by the Hon’ble Chief Justice as “Inspection Judge” for the District Judiciary, Islamabad (East & West) & “In-charge Judge” of Judicial Branch of Islamabad High Court. That the petitioner successfully performed the said duties and achieved the said targets apart from other important assignment & thus successfully brought the High Court on the desired track.
6. That Mr. Atiq-ur-Rehman, Ex-Registrar Islamabad High Court (now posted as OSD) who claims to be inducted in the District Judiciary by the Chairman Judicial Commission & allegedly enjoying close contacts with him was transferred from the office of Registrar and posted as OSD by the Hon’ble Chief Justice Islamabad High Court. That the said Registrar approached the Chairman Judicial Commission for cancellation of his transfer order which request of the Chairman of the Judicial Commission was regretted by the Hon’ble Chief Justice Islamabad High Court. That the said event, apart from annoying the Registrar & Hon’ble Justice Muhammad Anwar Khan Kasi, also annoyed the Chairman Judicial Commission and the episode was falsely attributed the to the petitioner.
7. That the transfer of the said Registrar exposed numerous illegal appointments made in the High Court & District Judiciary made prior to elevation of the petitioner while certain appointments were made later on during the establishment of District Judiciary at the instance of tall & influential entities. The petitioner, being in-charge of the project wanted to annul the said process which also annoyed the Chairman & certain other members of the Judicial Commission.
8. That meeting of Judicial Commission of Pakistan was convened on 22.10.2012 wherein Hon’ble Mr. Justice Muhammad Anwar Khan Kasi was also invited & allowed with an ulterior motive & preplanned scheme so as to charge & malign the petitioner.
9. That Hon’ble Mr. Justice Kasi was neither holding the post of Chief Justice nor the senior most Judge of Islamabad High Court and as such he was debarred from participation in the meeting & influencing other members with his opinion. (The petitioner reserves his rights to proceed against all concerned in accordance with law).
10. That participation of the Hon’ble Mr. Justice Muhammad Anwar Khan Kasi was neither a constitutional obligation nor required in view of clause 14 of Art. 175-A of the Constitution which explicitly debars seating a substitute.
11. That the career & future of the petitioner was purposely destroyed for the above reasons & without any justification or reason, tangible or intangible, when he was not considered for confirmation in-spite of meritorious record, hard work, excellent decisions &, additionally, improving the administrative working in accordance with written directions of the Hon’ble Chief Justice Islamabad High Court.
12. That the charges, what-so-ever, are never conveyed to the petitioner though the same was & always is a mandatory requirement of Constitution & law. That for discovering the reasons & securing the material, the petitioner addressed a letter dated 25th October, 2012 to respondent No.3 which is yet to be answered & order thereon conveyed to the petitioner “Copy of the letter is Annexure-A”.
13. That apart from the above a representation was also preferred to the Judicial Commission through respondent no.3 which is also kept maliciously undecided. Copy of the same is annexed as Annexure “B” while copy of seniority list showing Hon’ble Mr. Justice Riaz Ahmad as senior Judge is Annexure “C”
14. That the true facts are maliciously concealed by the Judicial Commission in order to avoid accountability & liability & to maliciously inflict damage to the bright future career of the petitioner apart from humiliating the dignity & honor of the petitioner, his family & community. Needless to add that the petitioner & his family is undergoing mental stresses & trauma due to offending action of the Judicial Commission regarding which the petitioner has also served a legal notice claiming damages & redress therein, copy whereof is annexed as Annexure “D”
15. That, strangely and surprisingly, the petitioner has been allowed to join the District Judiciary to serve as District and Sessions Judge though he has been ostensibly ousted on the charges assassinating the character of the petitioner. Had the petitioner been found involved in such activities the petitioner would have never been allowed to serve as District & Sessions Judge. This aspect of the case clearly indicates malice, abuse & misuse of authority by the members of the Judicial Commission.
16. That the petitioner instituted a constitutional petition in Islamabad High Court for procuring the said illicit documents however neither the constitutional petition was heard till date nor the said documents were provided to the petitioner clearly establishing the fact that there are no material available with the respondent no.3 warranting removal of petitioner. Copy of the Constitutional petition for procuring documents is annexed as Annexure “E”
17. That it has come to the notice of petitioner that the petitioner was punished by the Chairman Judicial Commission in connivance with certain other members of Judicial Commission due to a judicial pronouncement in W.P. No.2009 of 2012 titled “Ch. M. Naeem Ali advocate and another -VS- Federation of Pakistan through Secretary, Ministry of Interior and three others” & Writ Petition No.2076 of 2012 titled ”Advocate, Malik Abdul Sattar Awan Versus Federation of Pakistan through Secretary, Ministry of Interior and three others” which constitutional petitions were heard and dismissed by a Division Bench graced by Hon’ble Mr. Justice Riaz Ahmad (who was not recommended as Chief Justice in-spite of seniority) & the petitioner as the judgment was authored by the petitioner & the convict Muhammad Basharat (a guard of Malik Riaz, Bahria Town) was acquitted on the basis of Presidential orders remitting the sentence (Copy annexed as Annexure “F”
18. That Peshawar High Court Bar Association has also expressed serious concern over the recommendation of Judicial Commission of Pakistan made in its meeting dated 22/10/2012. Copy of resolution is annexure “G”
19. That after the illegal & offending ouster of the petitioner the summary of two Hon’ble Judges namely Mr. Justice Shaukat Aziz Siddiqui & Hon’ble Mr. Justice Noorul Haq N Qureshi was submitted to the president. That the said summary & another summary of the Judicial commission for appointing Mr. Justice Muhammad Anwar Khan Kasi as Chief Justice was returned & the President of Pakistan sought opinion of the Supreme Court under Art.186 of the Constitution which opinion is yet to be given by the August Supreme Court of Pakistan. The opinion sought for by the President of Pakistan on questions of law will have direct bearing on the case of the petitioner as a question of law regarding participation of Mr. Justice Kasi in the meeting & validity of such meeting is also made the subject matter of the reference & in such eventuality the proceedings & recommendations in the said meeting would be vitiated being void.
20. That the respondent no. 2, on the basis of a short order passed by Supreme Court of Pakistan in case of one Nadeem Ahmad Advocate has moved a summary for approval of the President of Pakistan without waiting for the opinion of the Supreme Court of Pakistan which is mandatorily required as desired by the President of Pakistan & which the August Supreme Court of Pakistan is going to give within a couple of days. Additionally the petitioner was maliciously not made a party to the said petition with an object to damage his career without affording him an opportunity of being heard.
21. That the antecedent of the recommended Judges are to be enquired into by the respondents no.1 & 2 & that without such enquiry the respondent no.3 would be achieving the desired result by appointing such Judges who lack the essential credentials.
22. That action of respondent no. 2, in view of the above, is malicious, contrary to law & mandates of constitution & therefore requires immediate interference by this Court in its extraordinary Jurisdiction of this Court.
23. That the petitioner has got no other adequate & alternate remedy & that this Hon’ble Court has got the Jurisdiction to entertain the constitutional petition & grant the relief,
P R A Y E R
It is, therefore, prayed that meeting of the Judicial Commission dated 22/10/2012 and its proceedings may kindly be declared illegal, without lawful authority, coram non-judice, malicious and of no legal effect.
It is further prayed that the respondents be restrained from passing / issuing any orders/ notifications detrimental to Constitution & law.
It is further prayed that the respondent no.1 may graciously be directed to perform his functions in accordance with the constitution of the Islamic Republic of Pakistan and the law and not to accept any recommendation contrary to his constitutional functions, official conduct and without verification of antecedents and credentials of the recommended judges.
It is also prayed that the respondents be directed to provide opportunity of hearing to the petitioners.
Interim Relief
It is earnestly prayed that till the decision of the constitutional petition respondents be restrained from passing/ issuing any adverse orders/ notification against the interest of the petitioner.
It is further prayed that the respondent no.3 be directed to produce the record before the court for perusal on the next date of hearing
Petitioner
Dated: 26/12/2012 Through
Mian Muhibullah KakaKhel
Senior Advocate,
Supreme Court of Pakistan.
Certificate:
It is certified that no such writ petition has earlier been filed on the subject matter by the petitioners before this Hon’ble Court.
List of Books:
1. Constitution of Islamic Republic of Pakistan, 1973.
2. Any other book according to need.
IN THE PESHAWAR HIGH COURT, PESHAWAR
Writ Petition No. _______/2012
Mr. Muhammad Azim Khan Afridi ------------ (PETITIONER)
VERSUS
The President of Pakistan & 2 others ------ (Respondents)
AFFIDAVIT
I, Mr. Muhammad Azim Khan Afridi, the petitioner, do hereby solemnly affirm and declare on oath that the contents of accompanying writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed from this Hon’ble Court.
Identified by; Deponent
Mian Muhibullah KakaKhel
Senior Advocate,
Supreme Court of Pakistan.
IN THE PESHAWAR HIGH COURT, PESHAWAR
Writ Petition No. _______/2012
Mr. Muhammad Azim Khan Afridi ------------ (PETITIONER)
VERSUS
The President of Pakistan & 2 others ------ (Respondents)
APPLICATION FOR SUMMONING OF RECORD
Respectfully Sheweth;
1) That the above-captioned writ petition has been filed along with the instant application, wherein no date of hearing has been fixed so far.
2) That the petitioner instituted a constitutional petition in Islamabad High Court for procuring the said illicit documents however neither the constitutional petition was heard till date nor the said documents were provided which deprived the petitioner from availing certain legal remedy available to him under the law.
3) That requisitioning of the above said record is essential for just decision of this writ petition.
4) That the petitioner has prima facie case and is sanguine of its success.
It is therefore prayed that minutes/record of meeting of Judicial Commission of Pakistan convened on 22.10.2012 may kindly be summoned/requisitioned from respondent No.3 for just decision of this writ petition.
Petitioner
Dated:26/12/2012 Through
Mian Muhibullah KakaKhel
Senior Advocate,
Supreme Court of Pakistan.
IN THE PESHAWAR HIGH COURT, PESHAWAR
Writ Petition No. _______/2012
Mr. Muhammad Azim Khan Afridi ------------ (PETITIONER)
VERSUS
The President of Pakistan & 2 others ------ (Respondents)
AFFIDAVIT
I, Mr. Muhammad Azim Khan Afridi ,the petitioner, do hereby solemnly affirm and declare on oath that the contents of accompanying application are true and correct to the best of my knowledge and belief and nothing has been concealed from this Hon’ble Court.
Identified by; Deponent
Mian Muhibullah KakaKhel
Senior Advocate,
Supreme Court of Pakistan.
IN THE PESHAWAR HIGH COURT, PESHAWAR
Writ Petition No. _______/2012
Mr. Muhammad Azim Khan Afridi ------------ (PETITIONER)
VERSUS
The President of Pakistan & 2 others ------ (Respondents)
ADDRESSES
Petitioners
Mr. Muhammad Azim Khan Afridi S/O Malik Zar Khan, (Additional Judge Islamabad High Court, Islamabad) presently under report to Peshawar High Court, Peshawar.
Respondents
1. The President of Pakistan through Ministry of Law & Parliamentary Affairs Division Islamabad
2. Govt. of Pakistan through Ministry of Law & Parliamentary Affairs Division Islamabad.
3. The Secretary, Judicial Commission of Pakistan, Supreme Court of Pakistan, Islamabad.
Petitioner
Dated:26/12/2012 Through
Mian Muhibullah KakaKhel
Senior Advocate,
Supreme Court of Pakistan.
Picture Gallery
Comments (1)
gone thought the CP filed, i am afraid about the jurisdictional bars likely to be adopted by so called independent judges working there, as recently one ASJ Kalim Khan lost his service appeal just on technical and flimsy grounds........i wish your prayer allowed, but the entirety of facts always required prime challenge to the primacy of recommendations given by the judicial commission and consequent authority of the president, which is painstakingly missing unfortunately.