1997CLC716 (PLP)

‑‑‑‑Art. 199‑‑‑Constitutional petition‑‑‑Maintainability‑‑‑Petitioner in his Constitutional petition filed in assumed title "Tehreek‑e‑Insaniyat" had sought as many as twenty‑two declarations and directions, most of which related to the convention of the superior judiciary, with a request that a seasoned lawyer be provided for prosecuting petition as a matter of religious duty‑‑‑Code of Conduct for the Superior and Subordinate Judiciary had already taken care of the standard and noble behaviour and conduct inside and outside the Court, of Judges who also receive guidance from principles of ethics deducible from Injunctions of Holy Qur'an and Sunnah‑‑‑As regard plea of petitioner that Judges who were not being assigned work in High Court should not be paid salary, it could be said that firstly Authorities concerned should finalize matter as early as possible and secondly it was for those Judges to decide for themselves whether in such circumstances they should or should not receive salary and enjoy other privileges attached to office‑‑‑Technically till revocation of appointment of Judges, Government was bound to pay salary etc. to them‑‑‑High Court in propriety should not at that stage intervene as the matter was likely to be finalized. Petitioner in person. Heard. Iftikhar Hussain in this Constitutional petition filed in the assumed title 'Tehreek‑e‑Insaniyat' seeks twenty‑two declarations and directions, including a request that a seasoned lawyer be provided for prosecuting the petition as a matter of religious duty and damages and costs amounting to Rs.78,60,000 (Rupees seventy‑eight lacs and sixty thousand) be awarded against the respondents.

2. All these declarations need not be detailed as most of them relate to the conventions of the superior judiciary. The code of conduct for the superior and subordinate judiciary already takes care of the standard and noble behaviour and conduct inside and outside the Court of the learned Judges who in our country also receive guidance from the principles of ethics deducible from Injunctions of Holy Qur'an and Sunnah.

3. As regards the plea that the Judges who are not being assigned work in the High Courts should not be paid salary etc., suffice it to say, that firstly the authorities concerned should finalize the matter as early as possible, secondly it is for those learned Judges to decide for themselves whether in the circumstances they should or should not receive the salary and enjoy the other privileges attached to the office. Technically till revocation of their appointments, the Government is bound to pay the salary etc. This Court, in propriety should not at this stage intervene as the matter, it appears is likely to be finalized.

4. With the above observations, this petition is dismissed in limine. H.B.T./H‑17/L Petition dismissed.