MUHAMMAD RIAZ vs GOVERNMENT OF N.W.F.P., PESHAWAR And Other
This matter comes before the Peshawar High Court through a constitutional petition seeking the expeditious disposal of a long-pending civil suit and an accompanying application regarding the violation of a status quo order, which had remained undecided since 1994. The core legal question concerns the supervisory role of the High Court under the Constitution to direct lower courts for the speedy administration of justice where inordinate delays occur. The court held that judicial officers must ensure timely dispensation of justice and maintain public confidence. Consequently, exercising supervisory jurisdiction, the court directed the trial court to conclude the pending suit within six months positively, while also addressing any violations of court orders in accordance with law. The key principle laid down is that superior courts can issue directions for the expeditious disposal of old matters to uphold the administration of justice under constitutional supervisory powers.
- Can the High Court direct a trial court to expedite the disposal of a long-pending civil suit under its supervisory jurisdiction?
- Whether judicial officers are required to ensure timely justice to maintain public confidence?
- Does Article 203 of the Constitution of Pakistan 1973 empower the High Court to issue directions in pending matters?
- Article 203, Constitution of Pakistan 1973
ORDER
2. In the wake of above, I intend to dispose of the petition as it requires quick disposal in the larger interest of justice. The suit of the petitioner is sub judice before the Civil Judge for the last more than six years, the result of the application for violation of status quo order is also awaited since 1994. It is observed that Judicial Officers should not only do justice but see that justice was done and they should win the confidence of people. Reference 1988 PCr.LJ 2402 and 1988 CLC 986. I, therefore, in exercise of supervisory jurisdiction under Article 203 direct the trial Court to dispose of the Suit No.441/1 of 1994 expeditiously according to law by providing full opportunities to the parties concerned and shall also take notice of the violation of Court orders, if any in accordance with law and appropriate steps in the matter be initiated in the administration of justice without further delay. It is further directed that since the suit is quite old it shall be finalised within six months positively. The petition is disposed of accordingly.