SC reinstates civil judge

Published October 6, 2006

ISLAMABAD, Oct 5: The Supreme Court on Thursday reinstated a civil judge dismissed for adjudicating a lawsuit within a month.

Muhammad Shafique, who worked as civil judge in Gujranwala, had disposed of a lawsuit filed by Ijaz Ahmed against Bashiran Bibi in January 1991. However, the losing party moved an application against the judge accusing him of misconduct and corruption by adjudicating the case in undue haste.

Later, a two-member judicial committee, comprising sessions judges of Bahawalnagar and Mandi Bahauddin, conducted an inquiry and held him guilty of corruption and misconduct, leading to his dismissal.

Mr Shafique filed an application with the Judicial Service Tribunal of Lahore High Court. During the trial, the prosecution failed to produce sufficient incriminating evidence and witnesses against the accused judge. As a result, the tribunal reinstated the judge. However, the administration of Lahore high Court again filed an appeal with the Supreme Court against the reinstatement of the judge.

On Thursday, when a three-member Supreme Court bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad took up the matter, it was found that the inquiry commission had not charged the judge with corruption. The chief justice observed that “undue haste” did not necessarily mean that the judge had taken bribe.

“If the Supreme Court decides a case in a day, does it mean we have taken bribe,” asked the chief justice from Additional Advocate General Punjab Khadim Hussain Qaiser, who was representing the prosecution side.

The bench disposed of the case and reinstated the judge with full service benefits.

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