Justice Khalid Mahmood Khan passed the observation when he was informed on Friday that a case had not been decided for the past 16 years.
Yehya Raza moved the court after he was terminated in 1996 by a town municipal officer and he got stay on his termination, the court heard.
Raza’s counsel informed the judge that the LHC registrar office had not fixed even for single time the case for hearing, and now most of the case record case had gone missing.
At this, the judge expressed displeasure over the disappearance of the case record by the LHC staff and hinted at taking action against the authorities concerned.
The judge observed the continuation of an employment on a stay order and no hearing on a case for 16 years was big question mark. What more injustice could be done, the judge said. He went to say the non-provision of justice to a citizen for 16 years had pinpointed the drawbacks in the judicial system.
He directed the LHC staff and other concerned respondents to produce the missing case record on next date of hearing that would be fixed by the registrar office.
Also, the LHC issued notices to Attorney General and Punjab Advocate Genera of their assistance on a constitutional petition seeking submission of progress reports of federal and provincial governments in the assemblies by President of Pakistan and Governors respectively for implementing Principal of Policy under Article 29(3) of constitution.
The petitioner, Muhammad Irfan Mukhtar, had made the President party in the case; however, Justice Nasir Saeed Sheikh didn’t issue notice to him.
The petitioner had submitted it was constitutional responsibility of the president and governors to submit the progress reports of the federal and provincial governments in the parliament. In view of the Principles of Policy under Article 29(3) of constitution, the president and governors were bound to submit such reports every year.
The sitting governments had failed to fulfill their constitutional obligations and the president and governor(s) of respective provinces had violated constitutional provisions, the petitioner maintained.
He requested the court to issue appropriate directions to president and Punjab governor to prepare and table the reports about the observance and implementation of Principles of Policy before the parliament and provincial assembly for the years starting from 2008 till 2013 respectively as required by Article 29 of the Constitution.
He also requested the court to take appropriate action against the higher constitutional offices as they had failed to fulfill their constitutional bindings.
The next date of hearing would be fixed by the LHC registrar office.
NOTICES ISSUED: The LHC issued notice to Press Information Department director general and others on a petition seeking action against the responsible of misusing resources and funds of the department.
Justice Muhammad Khalid Mahmood Khan issued this order on a petition filed by Tipu Salman Makhdoom through Advocate Muhammad Ashraf Hussain.
The judge ordered to hand over a copy of the petition to deputy attorney general who will arrange report and parawise comment from DG, Principal Information Officer, and others. The court also issued notice to Mohammad Salim, Assistant Administration officer at PID, and Bader Munir, ex-employee of PID.
The petitioner submitted that an Audit and Inspection report on the accounts of Regional Press Information Department Lahore for 2010 to 2012 had revealed a misuse of about 9.534 million under different irregular and unauthorized expenses. They said the report had recommended the embezzled amount be recovered and intimated to the audit. They said these irregularities were made by giving officials hired or promoted irregularly, misuse of vehicles, misuse of telephones, and by paying advances beyond the rules.
The petitioner requested the court to issue direction for implementation of the audit report. He also requested the court to ensure recoveries as mention in the report.
The court will take up matter on March 26.
Plea against Zardari: The maintainability of a contempt petition against President Asif Ali Zardari for not relinquishing the office of PPP’s co-chairman will be decided on March 18 by a full bench of the Lahore High Court.
The full bench headed by Chief Justice Umar Ata Bandial Friday directed to the counsels of all sides to advance their final arguments on March 18 on the point of the maintainability.
The bench issued the directions when a federal government law officer requested the court to adjourn proceedings as Advocate Wasim Sajjad, main counsel of the federation, could not be appeared before the bench due to his engagements in the Supreme Court.
Besides Umar Ata Bandial, Justice Nasir Saeed Sheikh, Sheikh Najamul Hassan, Ijazul Ahsan and Justice Syed Mansoor Ali Shah are other members of the full bench. However, Justice Ijazul Ahsan was not available on Friday at LHC principal seat.
During hearing, the asked Additional Attorney General Abdul Hayee Gilani that the court wanted to finish the matter as soon as possible because it was pending for the eight months.
The court had recorded complete arguments on maintainability of the instant contempt petitions, therefore, this point should be decided now, the chief justice remarked when Gilani kept insisting to hear more arguments on the point.
Citing order sheets of the case, the chief justice said the bench had recorded the arguments by Advocate Wasim on January 22 and February 06 which show the court had given enough time on the maintainability.
No more time could be given for the same, the bench observed while concluding the Friday’s proceedings and putting off the matter for March 18.
In the short order, the bench directed Advocate Wasim Sajjad and Attorney General Irfan Qadir to come up on next date of hearing for final arguments.
“If no progress was made with respect to directions by court in judgment dated May 12, 2011, the federation’s counsel and attorney general of Pakistan should render final arguments regarding maintainability on next date of hearing for decision by the court, the order added.
Previously, the bench had directed Wasim Sajjad to obtain clear instructions from the President whether he was willing to refrain from indulging in political activities in public arena or not.
Munir Ahmed, the petitioner, had sought contempt proceedings against the president as he had neither disassociated himself from political office as expected by the LHC full bench in its decision against president’s dual office on May 12, 2011.
REPLY SOUGHT: The LHC sought reply from Punjab Inspector General of Police, Capital Chief Police Officer (CCPO) and DIG Investigation on a petition seeking a joint investigation team to probe kidnap and alleged murder of a stage actor Sapna Khan.
Justice Sheikh Najamul Hassan directed the respondents to file reply till March 15.
Misal Khan, father of the missing lady, submitted that Civil Lines DSP Safdar Raza Kazmi, investigating officer of the case, was favoring the accused. He contended neither the prime accused Khosa secured bail nor police took any step for his arrest.
He submitted further DSP Kazmi deliberately spoiled the evidences provided by the complainant party and bent on favoring the accused persons. He said Sapna’s family had no trust in the investigations of DSP Kazmi, therefore, an officer of DIG rank should be appointed for investigation.
NOTICE: LHC Chief Justice Umar Ata Bandial took notice of two rape incidents reported in national dailies, and sought reports from concerned district and sessions judges regarding steps taken by the local police along with their own comments.