1991 P Cr (PLP)

Date of hearing: 12th June, 1991. The present application has been Filed seeking expungement of remarks made in the judgment dated 25th April, 1981 passed by the Special Judge Anti-corruption-cum-Enquiry Officer, Sukkur, in Special Case No.51 of 1977 Stale v. Bashir Ahmed Rajput. The said Bashir Ahmed Rajput was posted as ward servant in a hospital at Shikarpur where the applicant was working as Medical Officer. On a report lodged against the applicant and the aforesaid Bashir Ahmed Rajput, the Anti-Corruption Police arranged a trap and arrested Bashir Ahmed with tainted money. The name of tile applicant, however, was dropped and the said Bashir Ahmed was prosecuted and convicted by the learned Special Judge Anti-Corruption vide judgment dated 25th April, 1981. In the judgment the learned Special Judge Anti-Corruption made the following observation: "What he was doing, he was doing according to the order of his superior officer and the temptation received from the Medical Officer who corrupted him:" On the basis of above observation made in the judgment, the department started disciplinary proceedings against the applicant under the provisions of Sindh Civil Servants (Efficiency and Disciplinary) Rules, 1973. Penalty was awarded to the applicant and tile matter is now said to be pending before the Honourable Supreme Court. The applicant has filed this petition for expungement of the aforesaid remarks. It is contended that since tile applicant was not party or even a witness in the case against Bashir Ahmed Rajput, the disparaging remarks passed by the Court against the applicant are highly improper and uncalled for and are liable to be expunged. The learned counsel has relied on the case of Choudhary Muhammad Ashraf v. The State reported in 1975 P Cr. L J 032, wherein the learned Judge relying on Malik Feroze Khan Noon's case P L D 1958 SC (Pak.) 333 observed as under:-- "

5. It has been consistently emphasised by the Superior Courts that no Judge should fall in tile temptation of making any disparaging remarks against a stranger to the proceedings before him and the law reports are did full of precedents wherein such offending remarks have been invariable expunged and Malik Feroze Khan Noon's case is the most illuminating instance of such authorities. These offending remarks having been incorporated in a separate paragraph with no direct bearing on the conviction or the sentence of the accused concerned can be safely excluded from the judgment without affecting the merits of the case." The above observations have been made by the learned Anti-Corruption Judge against the applicant in a very damaging language attributing misconduct to him and has thus condemned him. As observed in the cited case no Judge should fall in the temptation of making any disparaging remarks against a stranger to the proceedings pending before him. The present applicant was neither a party in the proceedings nor a witness. In these circumstances the remarks against the applicant were not warranted. The aforesaid offending paragraph can be omitted from the judgment without affecting the merits of the case. Mr: Shoukat Zubedi leaned A.A.G. has very frankly conceded that the above remarks on the basis of case-law cited are liable to be expunged. I, therefore, allow the application and order that the aforesaid remarks be expunged from the judgment, dated 25-4-1981. M.BA./M-1445/K Remarks expunged.