Religious propriety

2012 PLD 536 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 199Constitutional petitionCourtroom etiquetteCustomary practice of bowing before a JudgeReligious propriety

Contention of petitioner was that gesture by lawyers of bending their heads before a Judge while entering and leaving the courtroom was against the spirit of fundamental teachings of Islam

Validity

Expressing gesture of respect towards the seat of Justice which Judges occupy in the courts of law had no reference to demonstrating a conduct of worship, which was unequivocally reserved for Allah Almighty

Bending of head before the Judges in the court room was a customary practice for showing respect and it was a silent and decent method adopted since decades to pay respect to the seat of the Justice which a Judge occupied

Constitutional petition was dismissed accordingly.

2012 PLD 536 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts. 199 & 19Constitutional petitionManner of addressing Judges of superior courtsUse of the terms "My Lord" and "Your Lordship"Religious propriety

Contentions of petitioner were that said terms used for addressing Judges were part of British colonial system; that they were un-Islamic as only God Almighty was the Lord and no man could be the Lord of any man, and that the term "Sir" should be used instead of "My Lord"

Validity

None of the Judges of the Superior courts had ever issued any command, direction or instruction to the members of the legal fraternity to necessarily address them with the terms "My Lord" or "Your Lordship"

Said terms which were a courteous and respectful form of address had their origin in the British judicial system

No source of legal literature pointed towards the fact that British members of the Bar ever addressed the Judges of the superior courts with the term "My Lord" and "Your Lordship" with an attribution of placing the Judges near to the concept of "God Almighty"

English judicial system practised the use of titles "My Lord" or "Your Lordship" in recognition of the known ability, nobility and learning of the office holders of the higher judiciary and Judges were not imagined or thought to be involving the touch of Godly attributes

Form of judicial system inherited by Pakistan after independence had no origin relatable to application of the concept of God Almighty with the office of a Judge

Term "Lord" in its ordinary meanings had reference to the qualities of ability, nobility and learning of the persons who were appointed as Judges of the superior courts

When members of the Bar adopted the ceremonial and historical form of addressing a Judge by using the words "My Lord" or "Your Lordship", the concept of freedom of thought of speech as enunciated in the Constitution fully gave protection to such a practical exercise

Such practice could not be directed to be discontinued by an order passed by the High Court on religious grounds

Regarding contention of the petitioner of the usage of the word "Sir" instead of "My Lord", the word "Sir" could not be separated from its colonial touch as such a "title or honour" used to be conferred by British rulers of the subcontinent only upon those persons who proved their loyalty to the United Kingdom and the Empire

Ordinary meaning of the terms "Lord" and "Your Lordship" were to be preferred and needed to be kept in mind and there was no scope for attaching to such words of address the religious concepts of communities practising some other religion

Constitutional petition was dismissed in circumstances.