2006 PLP 2763 (YLR)

SYED SHABBAR RAZA RIZVI, J.

The petitioner has filed this petition under Article 203 of the Constitution of the Islamic Republic of Pakistan on judicial side. The grievance of the petitioner is against respondents Nos.2 and 3, who are Civil Judge/Family Judge, Chiniot and Incharge Record Keeper, Tehsil Chiniot, District Jhang. Several allegations are levelled against the respondents in the instant petition i.e. causing disappearance of case file titled Madiha Sultana and another v. Muhammad Sharif.

2. Article 203 of the Constitution reads as under:-- "Article 203.

High Court to Superintend Subordinate Courts: Each High Court shall supervise and control Courts subordinate to it. " The language of Article 203 evidently conveys that this Article is meant to give administrative control to High Court of each Province to supervise and control all Courts within the respective Provinces. This Article links administrative relationship between the High Court and subordinate Courts within the Province. This Article does not confer upon any right to the litigant parties. The litigant parties cannot invoke this Article for enforcement of any right amongst themselves. Similarly, this Article also signifies that High Court can take only an administrative action under this Article which does not include an action on judicial side.

3. According to Peshawar High Court, Article 203 merely confers on the High Court the power of supervision and control over its subordinate Courts. This power has nothing to do with the grievance of parties or with doing justice to them. The High Court is required to keep an eye on the working of the subordinate Courts so that they may not fail to do their duties i.e. to attend the Courts regularly and hear and decide cases which fall within their jurisdiction, etc. A. Hameed v. Chief Settlement and Rehabilitation Commissioner, N.-W.F.P. and another PLD 1979 Peshawar

56. Another judgment of a Full Bench of Sindh High Court may also be mentioned which is reported as Abdul Rehman v. Chaman Ara PLD 1972 Karachi

164. In another case, this Court held that no interference is possible on the judicial side in any matter under Article 203 of the Constitution M. Yousaf Zaki v. Ch. Zafar Ullah 1982 NLR

504. In a recent judgment of this Court, Syed Zahid Hussain J. found as under:-- "The possible source for the issuance of such a direction by the Member Inspection Team of the Court is Article 203 of the Constitution of Islamic Republic of Pakistan." His Lordship further observed that:-- "Control is comprehensive enough to include the general superintendence of the working and the administrative control over the members of the subordinate judiciary. Such a control and supervision should be aimed at to advance the judicial independence and by no means impede or frustrate the very object and purposes." (Sazia Sultana v. Razia Begum PLD 2003 Lahore 23 )."

4. The survey of the above judgments show that if the petitioner has any grievance, he could have approached on the administrative side, invoking Article 203 of the Constitution, to the Member Inspection Team or the Honourable Chief Justice of this Court. However, considering the inconvenience and hardship of the petitioner, the office is directed to transmit this petition, to the Member Inspection Team of this Court at the Principal Seat to take appropriate measures, along with copy of this order.

5. In the above terms, this petition under Article 203 of the Constitution is disposed of. H.B.T./M-416/L????????? ???????????????? Order accordingly.