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Mir HASSAN KALHORO vs MUHAMMAD CHUTTAL alias IMRAN act of judge — 2022 PLD 165 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PLD 165 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PLD
Parties
Mir HASSAN KALHORO vs MUHAMMAD CHUTTAL alias IMRAN act of judge

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mir HASSAN KALHORO VS MUHAMMAD CHUTTAL alias IMRAN act of judge---Scope---Judicial officers are discharging sacred duty of imparting justice and to achieve this noble task assigned to them, they have to enforce the law only with an aim to secure the ends of justice---High Court observed that being a fundamental principle of jurisprudence, it was felt necessary in the public interest that no action either of civil or criminal nature should lie against a judge, either of the statutory or constitutional court, for his judicial act---Judge is not a sacred cow that is why a proper mechanism has been designed for entertaining complaints against a judge---as to the judgment and order of a judge are concerned, remedy of the aggrieved person against such judgment or order is to approach the higher forum through the appropriate proceeding---Conversely; the action of a judge, while sitting under the canopy of court, cannot be questioned by initiating a civil or criminal proceeding against him---Such immunity is necessary for the independence of judiciary and to give confidence to the judges to discharge their duties without any fear and distress and provide justice within their jurisdiction---Such immunity from a civil or criminal action is essential for the strength of entire judicial process---Even the idea of providing such immunity to the judges of all cadre is more than that---Judges cannot be questioned regarding wrong or erroneous judgments, which are open to revision or appeal within the hierarchy of the judicial system and unless there is some malice or underhand issue in respect of such judgments and order, the immunity is extended up to the administrative action also.

Other judgments reported in 2022 PLD

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