Sitting Panel: Sh. Riaz Ahmad, C.J., Qazi Muhammad Farooq, Mian Muhammad Ajmal, Syed Deedar Hussain Shah and Abdul Hameed Dogar, JJ

Summary:

This civil review petition was filed by the Supreme Court Bar Association of Pakistan against an earlier order of the Supreme Court dated April 10, 2002, which had dismissed a constitutional petition challenging the appointment of Judges in the Supreme Court. During the hearing of this review petition, Mr. Hamid Khan, President of the Supreme Court Bar Association and counsel for the petitioner, submitted an application titled “Statement at the Bar,” in which he, citing a resolution from the Bar Association and the Pakistan Bar Council, stated that he “with a heavy heart declined to argue the Review Petition.” The application contained disparaging remarks about the judiciary.

The Supreme Court dismissed the review petition, both on merits and due to the contemptuous conduct of the counsel. The Court found that the contents of Mr. Hamid Khan’s application constituted “gross contempt” by using “disparaging remarks about the Judiciary.” The Court condemned his attitude, ordered the scandalous and irrelevant paragraphs to be struck off, and observed that such actions by members of the Bar amounted to an abuse of a sacred elected office and were not in the national interest. While reserving the right to take appropriate action against Mr. Hamid Khan, the Court reiterated that it does not allow the rehearing of matters under the guise of a review petition, and found that all points raised had already been dealt with in the original judgment. The Court emphasized the critical cooperation required between the judiciary and the Bar for the administration of justice.

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