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HASNAIN RAZA vs LAHORE HIGH COURT, LAHORE arts — 2022 PLD 7 SUPREME-COURT

Case information

Citation
2022 PLD 7 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLD
Parties
HASNAIN RAZA vs LAHORE HIGH COURT, LAHORE arts

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

HASNAIN RAZA VS LAHORE HIGH COURT, LAHORE arts. 202 & 203---Judicial strictures recorded by the High Court/appellate Court against a judge of district/subordinate judiciary relating to his or her efficiency or conduct---Propriety---Public reprimand of a judge of the lower court regarding his judicial conduct by an appellate court while sitting in judgment over his or her judicial decision, either by recording a stricture or a censorious remark in its appellate judgment or by summoning the judge and reproaching him orally in open court, did not behove the judiciary of a constitutional democracy which boasted of the independence of judiciary as its salient pillar---any such public condemnation of a judge lowered the public trust in the judicial institution, besides the harmful effect it had on the morale and confidence of the judge concerned as well as of his colleagues---While examining the decision of a court below, the higher court was to assess the reasoning and the legality of the decision challenged before it and not the ability or conduct of the author judge---Latter was the function of the disciplinary authority---Higher court, if so decided, could refer the matter to the disciplinary authority, in the manner elucidated in the judgment reported as Nusrat Yasmin v. Registrar, PHC (PLD 2019 SC 719), only on the administrative side.

Other judgments reported in 2022 PLD

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