Sikandar Ali Kolachi vs State S — 2024 PCrLJ 1890 KARACHI-HIGH-COURT-SINDH

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Sikandar Ali Kolachi VS State S. 228---Intentional insult or interruption to public servant sitting in judicial proceeding---Show Cause Notice was issued to the petitioners by a Judge to explain their disorderly behavior failing which contempt proceedings would be initiated against them---Reply was sought by 31.08.2023 and on the same day impugned orders were passed by awarding sentence to the petitioners---Validity---Record showed that a resolution to boycott all proceedings before the Judge in question was passed on 18.08.2023---Disorderly conduct of lawyers happened on 21.08.2023---Notice was issued by the Judge on 28.08.2023---Entire proceedings in the matter were held on 31.08.2023 and the judgment was passed on the same date---On 28.08.2023, the Chief Justice ordered the transfer of certain judges from one jurisdiction to another---Said transfers also included that of the Judge, who on 28.08.2023 was transferred from his assignment at place "M" to take up an assignment at place "H"---Order for transfer was with "immediate effect"---In essence, the Judge stood relieved of his duties upon issuance of the Notification on 28.08.2023---Judge ceased to be a Judge performing his duties at "M" and was transferred to "H" to perform his duties there---Judge in question remained a judge but lost territorial jurisdiction---On 28.08.2023, when the orders of transfer were in effect, the Judge stood transferred from "M" to "H"---Hence, for all intents and purposes, mandate of the Judge for exercising jurisdiction at "M" lapsed and he lost territorial jurisdiction---It was unclear whether the Notice was issued by the judge prior to or after the receipt of transfer orders---Regardless, as his judicial mandate as a judge at "M" expired on 28.08.2023, he could not have proceeded to hold his Court sittings post notification let alone conduct a trial and pass a judgment after that date---In such circumstances, it was concluded that the Judge for want of authority could not have exercised judicial power---As mandate of judge had ceased with immediate effect on 28.08.2023, all further actions were barred under the concepts of functus officio and coram non judice---Accordingly, without dilating upon the merits, the impugned judgment was declared as null and void---Appeal was disposed of.

Sikandar Ali Kolachi vs State S — 2024 PCrLJ 1890 KARACHI-HIGH-COURT-SINDH

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