2016 PLP 13 (GBLR)
N/A
| Citation | 2016 PLP 13 (GBLR) |
| Forum / Court | Supreme Appellate Court |
| Bench Members | N/A |
| Parties | N/A |
| Primary Law | Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009 |
Q1: What are the key laws and sections cited in 2016 PLP 13 (GBLR)?
This judgment primarily cites: Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 13 (GBLR)?
The case was heard and decided by the Supreme Appellate Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 13 (GBLR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Advocate-General, Gilgit-Baltistan.
- 3. Consequently, the matter was admittedly mishandled in good faith due to misunderstanding and miscommunications. The above explanation filed on 21.07.2016 by Mr. Mumtaz Ahmed learned former Registrar Chief Court was read over verbatim in the court in presence of the learned Advocate General Gilgit-Baltistan and the complainant. The petitioner is satisfied with such explanation and he does not want to press his petition in the circumstances.
- 5. The copy of this order be sent to the learned Additional Registrar Gilgit-Baltistan Chief Court and the learned Advocate General Gilgit-Baltistan.
Headnotes / Summary
Art. 61(1)
Suo motu jurisdiction of Supreme Appellate Court
Complaint against Registrar, Gilgit-Baltistan Chief Court ("the Registrar")
Failure to properly communicate directions of the Chief Court
Secretary to the Registrar mis-communicated certain directions of the Chief Court to the Assistant Registrar
Supreme Appellate Court passed interim order to withhold administrative and judicial powers of the Registrar and also his powers as District and Sessions Judge
Registrar explained that the mis-communication of the directions of the Chief Court by his Secretary, to the Assistant Registrar, was due to weak signals and bad telecommunication system; that the directions were misunderstood and incorrectly conveyed to him which caused inconvenience and constrained the Supreme Appellate Court to take cognizance; that he regretted his inadvertent act in carrying out execution of the orders of the Chief Court, which were wrongly passed on to him due to misunderstanding
Held, that the complainant/petitioner was satisfied with the explanation provided by the Registrar, who had acted innocently in good faith
Supreme Appellate Court recalled the interim order passed against the Registrar and observed that the Chief Court may, however, call an explanation, if so required, from the responsible officers in creating misunderstandings and then mis-communicating directions to the Registrar
Judgment & Decree
DR. RANA MUHAMMAD SHAMIM, C.J.
This Court passed certain orders on 18.02.2016 wherein the administrative and judicial powers conferred to Mr. Mumtaz Ahmed as Registrar, Gilgit-Baltistan Chief Court and as District and Sessions Judge were withheld till further orders. On 19.07.2016 the Deputy Registrar, Gilgit Baltistan Chief Court issued Office Order No.CC-4/2016 with the approval of the Hon'ble Chief Judge Gilgit-Baltistan Chief Court that in pursuance of the order dated 18.07.2016 passed by this Court in S.M.C. No. 10/2016 Mr. Ahmed Jan, Additional Registrar, Gilgit Baltistan Chief Court will function as Registrar Chief Court with immediate effect till further orders. Resultantly, the orders/directions of this court were implemented in its letters and spirits.
2. Yesterday i.e. 21.07.2016 Mr. Mumtaz Ahmed former Registrar, Gilgit-Baltistan Chief Court filed an explanation regarding the mis-communication of the directives of the Hon'ble Chief Judge Chief Court by his Secretary to the Assistant Registrar due to weak signals and bad telecommunication system. The directives were misunderstood and wrongly conveyed to him which caused inconvenience and constrained this court to take cognizance. He regrets for an inadvertent act in carrying out execution of the orders so wrongly passed on to him due to misunderstandings in good faith.
3. Consequently, the matter was admittedly mishandled in good faith due to misunderstanding and miscommunications. The above explanation filed on 21.07.2016 by Mr. Mumtaz Ahmed learned former Registrar Chief Court was read over verbatim in the court in presence of the learned Advocate General Gilgit-Baltistan and the complainant. The petitioner is satisfied with such explanation and he does not want to press his petition in the circumstances.
4. In view of the above discussions, facts and circumstances, it is held that the learned former Registrar has acted innocently in good faith. The petition is disposed of as not pressed. The interim orders/directives passed on 18.07.2016 by this court are hereby recalled. The learned Chief Court may, however, call an explanation, if so required, from the responsible officers in creating misunderstandings and then mis-communicating such directives to the learned former Registrar.
5. The copy of this order be sent to the learned Additional Registrar Gilgit-Baltistan Chief Court and the learned Advocate General Gilgit-Baltistan.
6. The petition is disposed as not pressed. MWA/143/GB Order accordingly.