GHULAM ASGHAR ABBASI vs REGISTRAR, HIGH COURT OF SINDH and others
The petitioner, a Judicial Officer, filed a petition for leave to appeal challenging adverse remarks and strictures passed against him by a Division Bench of the Sindh High Court in a constitutional petition. The core legal question was whether such strictures could be passed against a judicial officer without affording them an opportunity of being heard or issuing a prior notice. The petitioner contended that the constitutional petition could have been decided without condemning his conduct, relying on the principle that a person should not be condemned unheard. The Supreme Court, noting that the career of a Judicial Officer was at stake, granted leave to appeal specifically regarding the portion of the judgment containing the strictures. The Court held that the matter required further examination and directed that the appeal be listed for hearing within six months, thereby affirming the necessity of due process before a court passes adverse remarks against a judicial officer.
- Can a High Court pass adverse remarks against a Judicial Officer without providing them an opportunity of being heard?
- Is a Judicial Officer entitled to notice before strictures are passed against them in a judgment?
ORDER
' RANA BHAGWANDAS, J.--- Petitioner-Judicial Officer is aggrieved by adverse remarks and strictures passed by a Division Bench of the Sindh High Court against him in Constitution Petition No,D-113 of 2006 arising out of an election petition.
2. We have heard Mr. Ghulam Qadir Jatoi, learned Advocate Supreme Court for the petitioner while Dr. Qazi Khalid Ali, learned Additional Advocate-General Sindh has entered appearance on behalf of respondent No,1, pursuant to the notice, but he has not prepared the brief.
3. Precise grievance of the petitioner appears to be that the constitution petition could have been conveniently and justifiably decided without condemning and criticizing the act and conduct of the petitioner, who has been punished unheard and without any notice. Reliance has been placed on the judgment of this Court reported Muhammad Punhal v. Abdul Wahid Abbasi 2003 SCM R 1406.
4. As the impugned judgment is tendered by a Division Bench and career of a Judicial Officer is involved in this petition, we grant leave to appeal against the part of the judgment relating to strictures against the petitioner with the direction that appeal, arising out of this petition, shall be listed for hearing within six months.