KARACHI: Reference held Ex-CJ upheld norms of justice, say speakers
By Our Staff Reporter
KARACHI, April 4: Outgoing Sindh High Court Chief Justice Saiyed Saeed Ashhad upheld the norms of justice under military rule and expedited the disposal of cases during his five-year tenure, speakers at a full court reference held to bid him farewell said on Monday. To match his performance, his successor would be under a great psychological handicap, Justice Sabihuddin Ahmed, the senior puisne judge and the chief justice-designate, said in his speech. He said he was invariably consulted by the CJ and was also transferred a number of administrative responsibilities.
Thanking the companion judges and lawyers for their ‘generous tributes’, Justice Ashhad said he only contributed his bit to improve the working of the judiciary. The training facilities, infrastructure and remunerations of judicial officers were improved and enhanced and disposal of cases was expedited in the interest of litigant public. New judicial complexes were being built all over the province. He also tried to promote cordial Bar-Bench relationship. The measures taken by him had already started yielding results, he said.
While Sindh High Court Bar Association President Akhtar Hussain called for widening the scope of the writ jurisdiction, Advocate-General Anwar Mansoor Khan praised the CJ for emphasizing the importance of ‘alternative remedy’.
Instead of narrowing down the concept of ‘locus standi’ and ‘aggrieved party’, Mr Hussain said, relief should be provided to all people having an interest in a matter pertaining to legal right. He requested the Supreme Court to reconsider the view expressed by it in the case of Democratic Workers Union versus the State Bank of Pakistan while distinguishing the provisions of Articles 184 (3) and 199 of the Constitution.
The AG recalled the CJ’s judgment declaring an aggrieved person should have the right to approach the high court only after exhausting statutory remedies. An exception was duly made in respect of executive actions that are manifestly illegal. Similarly, filing of writ petitions where the law provided for appeals was disapproved.
Almost all speakers praised his judgment in Dadabhoy Cement versus NDFC, in which the plea of fraud and setting aside of a consent decree obtained on the basis of fraud and misrepresentation have been elaborately discussed. In the case of Standard Chartered Bank versus KESC, Justice Ashhad advanced the doctrine of implied repeal. He declared that the presumption of repeal by implication cannot be made readily in the absence of a repealing provision in the subsequent enactment.
Sindh Bar Council Vice-Chairman Noor Naz Agha said the CJ headed the high court at a critical juncture. He maintained harmony among the judges and the Bar and the Bench. She hoped the court would ensure implementation and protection of fundamental rights.
The reference was also addressed by Deputy Attorney-General Nadeem Azhar Siddiqui and Karachi Bar Association President Mahmoodul Hasan.
