Rule of Law

Very foundation of a just society, safeguarded by rule of law, rests upon enduring bedrock of public trust and confidence in its Courts and judiciary

Individuals, including families involved in complex corporate disputes, approach Courts as their ultimate recourse to seek fair and impartial adjudication and resolution

Willingness of individuals to do so, and to comply with judgments, depends on the degree of confidence they place in judicial processes.

Writ jurisdiction of the Chief Court was invoked by officials working on the post of Superintendent (BPS-17) in Anti-Terrorism Court and Custom and Banking Court of Gilgit-Baltistan

Record revealed that the (same) post of Superintendent in District Judiciary had been re-designated/upgraded as Staff Officer (BPS-18) w.e.f 1st June 2020, but the petitioners had not been upgraded to bring them at par with the similar placed persons

Qualification and nature of duty for the post of Superintendent in the Courts where the petitioners were working and Lower Judiciary of Gilgit Baltistan was same

Article 25 of the Constitution, having been included in the Government of Gilgit-Baltistan Order, 2018, required that persons similarly placed had to be treated similarly except on the basis of reasonable classification

Qualification and nature of duties of both posts being the same , the petitioners could not be treated differently

Petitioners, in light of Arts. 4 & 25 of the Constitution, had the inalienable right to be treated in accordance with law and were entitled to equal protection of law

Equality before law was subject to reasonable classification but in the present case there was no question of any classification

Post of the Superintendent in BPS-17 in subordinate Judiciary of Gilgit-Baltistan had been re-designated as Court Officers and the same was upgraded from BPS-17 to BPS-18 w.e.f 1st June 2020 by the Gilgit-Baltistan Chief Court vide Notification No. CC-E/2020 dated 11th June 2020, hence the post held by the petitioners also needed to be re-designated/upgraded as per analogy of "equal treatment among the equals"

Petitioners being similarly placed in terms of their natures of job i.e. same type of work, service grade and qualification had clearly been discriminated in treatment by the respondents' vis-à-vis their counterparts in the Lower Judiciary of Gilgit Baltistan

Chief Court directed the respondents to remove the cause of such discrimination by notifying the up-gradation of petitioner's cadre for equal treatment bringing them at par with their counterparts working in the subordinate judiciary of Gilgit Baltistan

Writ petition was allowed, in circumstances.

Edifice of the judicial independence rests on the assumption that every Judge besides being fair and impartial is fiercely independent and is free to uphold his judicial views

Such judicial freedom is fundamental to the concept of the rule of law

Any attempt to muffle judicial independence or to stifle dissent shakes the foundation of a free and impartial judicial system, thus eroding public confidence on which the entire edifice of judicature stands

Judge whose decisions are dictated not by the fidelity to the letter and spirit of the law but based on what he deems to be palatable to the Government would cause irretrievable damage to the public confidence in the judiciary, and consequently jeopardize its credibility and moral authority

Rule of law and the independence of judiciary are conceptually interwoven

Without an independent judiciary, expecting the rule of law is a sheer farce

Rule of law and the independence of the judiciary are the only guarantee to the maintenance and preservation of a thriving democracy.

Mandate of law has always aimed to secure inviolable Constitutional rights of every citizen available for protection under doctrine of access to justice

State functionaries were obliged to follow mandate of law in its letter and spirit

Every citizen under Arts. 4 & 10-A of the Constitution has right to be provided a right to due process of law, right of hearing and right to explain fact as well as law

Such object can only be achieved if someone is confronted with an allegation against him, otherwise, an action or notice in failure to provide a right to due process of law would not only be violative of fundamental rights but also against statutory provisions of law.

Citizen who takes the risk of violating the law is not immune because every person is presumed and ought to know the law

If rule of law is to be restored and constitutionally guaranteed rights of the citizens are to be protected then the practice of condoning gross violations of the law have to end, hence, there must be a policy of zero tolerance for violations of the law and strict accountability of those who opt to jeopardize the constitutionally guaranteed rights of the law abiding citizens.

Principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated

Rule of law also requires measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of law, legal certainty, avoidance of arbitrariness and procedural and legal transparency

Quality of governance and protection of rights of citizens are the paramount measure of the status of rule of law

Law is a body of rules and conduct prescribed by competent forums and they have binding force

Law and rules must be obeyed and followed and a breach thereof attracts sanctions and legal consequences

Laws are promulgated and enforced to protect the rights and liberties of the citizens and to maintain order in society.

Foundational purpose of rule of law is to enable citizens to order their lives in accordance with provisions of law and to be able to understand which actions are permissible that citizens are free to engage in for not having been prohibited, and which actions are proscribed by law and consequently not to be undertaken.

No one was above law and all the (public) offices, from the bottom to the top, were bound to perform their functions in accordance with law.

In order to strengthen the belief of general public in the system of justice, to provide them the choice of judicial forum with regard to territory in case of availability of more than one and to give them confidence in the Courts, was essential to uphold the majesty of law within the spectrum of its efficiency and efficacy at the same time.

Limitation of government power through law and presupposition that governmental power can be exercised and controlled through law, explained.

Provisions of Arts. 4 & 5 of the Constitution embody the essence of the rule of law.

For a rule of law, it is not important as to how and in what manner 'interested persons' conceive a law but intention of legislature matters

Court cannot give a premium to litigants who are amiss in law and that too for a monetary gain.

Federal Government constituted an Inquiry Commission and Advisor to Prime Minister wrote letters to the Commission issuing certain directions with regard to the matter subject of Inquiry

Effect

Sending of letters by the Advisor or the Executive Authority to statutory authorities in essence directing them to proceed against certain individuals or bodies based on an enclosed report of the Commission stating that such person and bodies had already been found culpable and provided the Commission Report to such body and expected to report back to Federal Government within a given time period or what steps it had taken against the individuals or bodies was not inline or in accordance with the scheme of law as envisaged by relevant statute or the Constitution

Executive had no legal authority to send such letters which violated due process rights of petitioners under Art. 10-A of the Constitution

To allow such actions would not only defeat intent and spirit of each piece of legislation but would also create dangerous precedent, whereby Governments could use their Executive authority to attempt to victimize, witch hunt or otherwise attack their political opponents through such statutory bodies which would be contrary to the rule of law and good governance, especially in respect of fiscal and accountability legislation which could be used to pressurize and arm twist political opponents

Such bodies were governed by their own statutes and the Executive had no power to interfere with such bodies which must carry out their work independently in accordance with their statutes as passed by the Legislature

Even junior officers in a statute could not be directed to do certain things by their superiors unless it was in accordance with powers conferred on them by the concerned statute

All times officers acting under a statutory authority were limited to the authority given to them under such statute.

For a society which claims to be organized, civilized and law abiding, it is imperative to stand by its commitments, undertakings and to be honest and fair in its dealings

Government has to respect rule of law and not to discriminate between its citizens

Functionaries of government cannot be allowed to exercise discretion at their whims, sweet-will or as they please, rather they are bound to act fairly, evenly and justly.

Said supremacy guaranteed three concepts; first, the absence of arbitrary power; second, equality before law, and, third, the rights of a citizen.

Every person should follow the law and should not exceed the limit of law for any reason whatsoever.

Access to justice is a key component to rule of law and effective good administration of justice in contributing to inexpensive justice at the doorstep and enhancing due process of law.

Duty of High Court.

Executive agencies or courts were duty bound to give effect to the rule of law without fear or favour, within their respective spheres of authority.

Aspects stated.

Such laws and the Constitution are like a protective shield guarding life, liberty, reputation, body and property of persons within Pakistan

Any action adverse to rights of a person must, therefore, be through the mechanism or in accordance with laws which protect such persons

To be treated in accordance with law is to proceed against a person strictly under the law which provides protection to the person in the first place

Right to fair trial under Art.10-A of the Constitution further buttresses Art.4 of the Constitution

Right to fair trial provides for determination of civil rights and obligations of a person through a fair trial and due process

Dispossession of a person from property without recourse to available law or in accordance with law also offends Art.10A of the Constitution and deprives him of his right to fair trial and due process.

Rule of law and due process are fundamental to any civilized system of governance and moreso in a democratic welfare State like Pakistan.

Principles.

Scope.

If the Government servant does not have courage to refuse the implementation of unlawful order then the Government servant should also face ultimate adverse consequences as well

Application of said principle in the case of like-minded officers in future will extend enormous help in establishing the rule of law which is essential component of the good governance.

Deviation from rule of law is always, fraught with the consequences, which are detrimental to larger interests of individual, public at large and the State

Adherence to rule of law is the mandatory obligation of all the Courts signifying loyalty to the State.

Such is but the essence of the due process of law and the ethos of the concept of the rule of law.

Basic principle of rule of law and good administration is that administrative actions should be just and fair.

Government while passing administrative orders, should act justly, fairly and equitably otherwise its order would be mala fide.

Guarantees.