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Syed ZAKIR HUSSAIN vs State S — 2025 SCMR 1659 SUPREME-COURT

Case information

Citation
2025 SCMR 1659 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
Syed ZAKIR HUSSAIN vs State S
Subject matter
Criminal
Provisions referred to
S. 14

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

Syed ZAKIR HUSSAIN VS State S. 14(2)---Judge, anti-Terrorism Court---Judicial Strictures---Expunction of remarks---Principle---appellant was a judicial officer who was aggrieved of remarks against him, passed by Division Bench of High Court in the judgment in question---Validity---Petitioner only sought expunction of stricture, which had nothing to do with merits of the decision of High Court---High Court was required to evaluate whether the passage complained of was reprehensible; its preservation on record would cause disparagement to the credit of petitioner; and its expunction would not affect the judgment or order on merits---Before passing any stricture on demeanour and career of petitioner, Division Bench of High Court should have given him an opportunity to submit his comments/report---No such opportunity was provided to him by Divisional Bench of High Court before passing order in the Court---Even in the case of some lapses found to be surfacing on part of the judicial officer, the order or report could be sent to Chief Justice for taking action on administrative side through the Confidential Branch---Supreme Court set aside the remarks/directions made in relevant paragraph of order in question which were essentially structured on oral motion of acting Prosecutor General; were unjustified, and made without probing into the issue and without calling for comments from the Presiding Officer or without even affording him a right of audience---appeal was disposed of.

Other judgments reported in 2025 SCMR

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