SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- CM No,1/25245/2015 Through the instant petition filed in terms of Section 151, C.P.C., learned counsel seeks permission to adjoin additional grounds with regard to provisions of Rule 9(i) and (ii) of High Court Rules and Orders Volume-V in the following terms:-- "9(1) The Deputy Registrar (Judicial) is authorized to return memorandum of any suit, appeal or petition or application etc.
(a) If it is not maintainable under any law or
(b) If it is not properly constituted or
(c) If it contains scandalous or objectionable language or material or
(d) If it is not drawn up in conformity with the foregoing directions or
(e) For amendment making up to the deficiency or for filing requisite document within the time to be specified in the Objection Memorandum Appendix 1(a), 1(b) & 1(c).
9(ii) The order of the Deputy Registrar (Judicial) returning the memorandum of any suit appeal petition or application may be challenged before the Chief Justice or Judge nominated by the Chief Justice on administrative side whose decision shall be final and shall not be assailed in any other proceeding before the High Court."
The learned counsel further prays that Rule 9(i)(a) may be declared ultra vires.
2. While going through the contents of the petition and submissions made by learned counsel for the petitioner on the touchstone of High Court Rules and Orders Volume-V (Revised Edition 2010), we have observed that the additional grounds mentioned in the petition in hand are no more part of the High Court Rules and Orders Volume-V as it stood substituted by Lahore High Court Lahore Notification No,436 Rules 11.D.4(V) dated 06.12.2000. Hence, the petition in hand being without any legal substance stands disposed off, however, the question whether office is competent to raise any objection qua the competence of a petition would be dealt with in the main case.
MAIN CASE
3. Through the instant constitutional petition tiled in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks indulgence of the Court to pass declaration that Office of this Court (Deputy Registrar Judicial) is not competent to raise any objection with regard to maintainability, locus standi, competence of a petition as it is a judicial function, which could not be performed by executive /ministerial staff.
4. While addressing the Court at the outset learned counsel appearing on behalf of the petitioner contended that since existence of Lahore High Court it has been a constant practice that the Office raises countless objections with regard to maintainability of petitions although to determine/evaluate the maintainability/validity of such petitions is a judicial function beyond the scope of an authority meant to perform only executive/ministerial tasks. Learned counsel vigorously agued that due to objections raised by the Office, senior lawyers are forced to appear in objection cases, which has resulted into wastage of valuable time of the legal fraternity, which in other words is a wastage of national time. It was argued that the office of this Court is meant for facilitating the general public, as well as, legal fraternity, however, such like acts on its part are creating obstruction to the fundamental right of access to justice. Learned counsel sought indulgence of the Court to pass declaration that the Office (Deputy Registrar-Judicial) is not competent to raise objections qua maintainability of petitions.
5. On the other hand learned Additional Advocate General vehemently opposed the contentions raised by learned counsel for the petitioner. Learned Law Officer contended that the role of Deputy Registrar (Judicial) has been defined through legislation in the shape of High Court Rules and Orders duly approved by the Governor of the Punjab. Next submitted that receiving a cause or a document and making it presentable to a Judge for the purpose of hearing or trial is an administrative/ministerial function, which has been entrusted to Office. It was argued that it is the duty of the administrative/ministerial staff to carry out preliminary scrutiny of such documents so as to find out that these are in order and then make the documents presentable to the Judge. He emphasized that the Judges are already overburdened with the task of performing judicial functions, therefore, the prayer sought through the instant constitutional petition is devoid of legal justification, which deserves to be ignored straightway. In support of his contentions learned Law Officer placed reliance on the pronouncements handed down in the cases of Jamal Udce n Ahmad v. Abu Saleh Najmuddin and another [(2003) 4 SCC 257] and SHANKARLAL AGGARWAL AND ORS. v.
SHANKARLAL PODDAR AND ORS (1 S.C.R. SUPREME COURT REPORTS 717).
6. We have considered the arguments advanced by learned counsel for the parties and gone through the record available on file on the touchstone of relevant law on the subject.
7. The Lahore High Court came into existence by virtue of Letters Patent known as "LETTERS PATENT CONSTITUTING THE HIGH COURT OF JUDICATURE AT LAHORE, FOR THE PROVINCES OF THE PUNJAB AND DELHI, DATED THE 21ST MARCH, 1919. In Section 35 of the Letters Patent, the provision of Delegation of Duties to Officers has been given, which reads as under: - "35. The High Court of Judicature at Lahore may from time to time make rules for delegating to any Registrar, Prothonotary or Master or other official of the Court any judicial, quasi-judicial and non judicial duties."
In the Constitution of Islamic Republic of Pakistan, 1973, Article 202 has been enunciated pertaining to the Rules of Procedure of the High Court, which is reproduced as under for ready reference:- "202. Subject to the Constitution and law, a High Court may make rules regulating the practice and procedure of the Court or of any court subordinate to it."
In pursuance of Section 35 of Letters Patent and Article 202 of the Constitution of Islamic Republic of Pakistan, 1973, Rules qua proceedings in the High Court were framed under the sanction of the competent authority (Governor of the Province of Punjab). Rule 9 of High Court Rules and Orders Volume-V deals with the powers of the Office to return petition for amendment, which has been questioned through the petition in hand. It is pertinent to mention here that Rule 9 ibid stood substituted by Lahore High Court Lahore Notification No,436 Rules 11.D.4(V) dated 06.12.2000 and the same reads as under: - "9. POW ER TO RETURN PETITION FOR AM ENDM ENT. The Deputy Registrar is authorized to return for amendment, or making up the deficiency or filing the requisite documents within a time to be specified on the objection memo. Appendix I in an order to be recorded by him on the petition, any petition not drawn up in conformity with the foregoing directions."
The very opening sentence of Rule 9 supra as amended on 06.12.2010 clearly reflects that the Deputy Registrar is authorized to return for amendment or making up the deficiency or filing the requisite documents as specified on the objection memo. Appendix I given in three forms first I(a) pertaining to civil matters; second 1(b) dealing with writ petitions; and the third 1(c) pertaining to criminal matters. The same are reproduced as under for ready reference.
Appendix I (a) (Civil)
IN THE LAHORE HIGH COURT, LAHORE OBJECTION SHEET Mr. ADVOCATE___________ DIARY NO. __________________
1. It is time barred by____________day.
2. Separate application U/S 5 of the Limitation Act for condonation of delay may be filed.
3. Court fee is insufficient to the extent of Rs,
4. Court fee is insufficient to the extent that it should be paid according to section 7 of the Court Fees Act 1870, as amended by Punjab Finance Act of 1973,
5. Certified copy of the Judgment/Decree/Order of the trial court to be filed.
6. Certified copy of the Judgment/Decree/Order under appeal/revision to be filed.
7. Proper section of law in stay/vacation of stay/dispensation/T.A/Petition to be quoted.
8. Properly executed complete/fresh______power of attorney to be filed.
9. Properly attested affidavit to be filed (Full affidavit correct).
10. Receipt of Rs,500/- advance printing charges to be filed as required by rule 8.
11. Sold type opening form duly filled is to be attached.
12. Entries in the opening form need correction/completion.
13. Correction/cutting to be properly authenticated.
14. How Appeal/Revision/Application is competent.
15. Memo of parties to be filed.
16. The matter being D.B/S.B requires 1 + 3 copies of paper books to be supplied along with 3 file cover/ green rexion.
17. A certificate that no Appeal/Revision/T.A. in the matter was filed earlier be appended.
18. Impugned order to be flagged and page marked according to index/pages are not marked.
19. Certified copies of pleadings and/or other documents have not been filed.
20. Pages are not properly arranged.
21. Please file better written typed copies of pages:
22. Please affix revenue stamp of 3/00/- rupees on each non-judicial paper, pay court fee of Rs, 2/- decree and 50 paisa on each sheet of certified copies.
23. Each better copy is certified as "compared with the original/certified copy and found correct".
24. Uncertified copies of pages__________be replaced with certified copies.
25. Signature/code number of the counsel is wanting.
26. Photocopy of NIC of the applicant/appellant to be filed.
Returned with objections at serial Nos, To be re-submitted after removal of these objections within days Subject to limitation.
D.R.R (CIVIL)
A.R. (Judl.)/D.R.(Judl.)/ Appendix I (b) (Writ)
IN THE LAHORE HIGH COURT, LAHORE DIARY NO.
1. It is barred bydays,
2. Separate Application for condonation of delay Under Section 5 of the Limitation Act should be filed.
3. The court fee is insufficient to the extent of Rs,_________
4. Revenue Stamps with Rs,3.00 to be paid for each non-judicial paper.
5. Signature of the learned counsel wanted.
6. Certified copy of the impugned order to be filed.
7. Approved filed cover to be filed spare copies to be filed (Raxion Folder).
8. All annexures and impugned order and C.M's to be flagged.
9. (i) Certificate to the effect that no other petition (I.C.A. /Review/Crr. Org.) of the same subject matter was filed.
(ii) Certified that this petition has arisen from violation/fulfillment of obligation under (Quote here provision of law) and that alternate remedy provided by law has been availed of by petitioner.
10.Correction/cutting and fluid are not maintainable. Please retype page No,-----------
11. Un/Certified copies and dim copies to be replaced with bright hand-written/typed ones.
12. Designation of respondent No,be quoted.
13. Proper section of law is stay/dispensing etc. to be quoted.
14. Duly executed Power of Attorney to be tiled and colorful power of attorney is not maintainable.
15. Typed index to accompany the petition.
16. Uncertified copies of annexures to be attested by learned counsel giving his name in block letters.
17. Application to dispense with the production of certified copies of the impugned order/annexures with necessary particulars to be filed.
18. Annexure(s) is/are insufficient stamped to the extent of Rs-----------
19. Names of respondents wanted as the present petition relate to contempt proceedings.
20. Petition/Appeal has not been drafted by authorized person. 21, Certificate to be approved to the effect that the officer, impleaded by name, as respondent has personal liability.
22. An affidavit duly attested to be filed.
23. One writ petition is not competent. Separate writ petition of each petitioner to be filed.
24. Writ petition is not arranged to the office order/index.
25. (i) Certificate to be given is the effect that I.C.A/Review is competent.
(ii) Certified that remedy of Appeal/Review of application does not exist under the relating to the present case.
26. Please file it at proper Bench/Court.
27. Copies to be delivered to Advocate, General/Deputy Attorney General.
28. Petition is not page marked nor the annexures marked.
29. Writ petition cannot be entertained against private person.
30. Certificate to be given on each and every better copy "compared with the original found correct."
31. Computer slip/Code number wanted.
32. Details of the annexures mentioned in the index be given in original, certified or uncertified.
33. Certified copies of annexuresto be filed.
34. Please deposit Rs,100/- as advance printing charges of I.C.A.
35. Since the writ petition has been decided present C.M. is not maintainable.
36. Photocopy of the NIC of the petitioner's to be filed.
37. Writ Petition is not maintainable, in view of full bench judgment(PLD 2005 Lahore 470).
38. Please file Writ Petition on behalf of all accused mentioned in the FIR.
39. Petitioner has no locus-standi.
40. Writ Petition/C.M/ is not maintainable.
41. Please mention list of books.
42. Remarked with the objection at serial Nos,________above.
43. Should be submitted after removing the objection within__________ days.
D. R. R (WRIT)
A.R.(Judl.)/D.R.(Judl.).
Appendix I (c) (Criminal)
IN THE LAHORE HIGH COURT, LAHORE OBJECTION MEMO DIARY NO.----------
1. Revenue stamps of Rs,3.00 to be paid/each non-judicial paper.
2. Signature of the counsel of the appellant/petitioner is writing.
3. The provision under which the appeal/petition has been filed be mentioned/corrected.
4. Approved file cover be filed.
5. Affidavit is not attested/appended.
6. Appeal petition and certified copies of annexures are not properly indexed/paged/marked.
7. Certificate to be furnished as to whether any Appeal/Petition on the subject was previously filed.
8. No indication of urgency on the urgent form.
9. There should be separate application for each prayer.
10. Copy of Appeal/Petition has not been delivered to the office of the Prosecutor General Punjab/Deputy Attorney.
11. (sic) General/Advocate General.
12. The Appeal/Petition is barred by_____________days.
13. Certified copy of__________be filed.
(a) Copy of FIR is signed with the designation of the concerned authority.
(b) Copy of Bail Petition, Ground before ASJ be filed.
(c) Attach copy of reference case of this Honorable Court.
(d) Copy of PMR/MLR be filed.
14. Correct number of referred case/(s) has not been given.
15. Memorandum of parties' names has not been filed.
16. Petition containing over-writing, addition and deletion is not entertained. Kindly file fair drafted petition.
17. Appeal/Revision is not competent.
18. Power of Attorney has not been attached.
19. Petition should be signed by a person competent to do so.
20. Case relates to________Seat/Bench.
21. One more file cover and spare copies be filed.
22. Please specify where the petitioner/appellant is confined/detained?
23. Prescribed form of revision/appeal be filed.
24. Appeal/petition/documents be paged/flagged/marked.
25. Certificate "compared with the original/certified copy and found correct and nothing has been deleted, added, omitted or changed" has been made therein.
26. Certificate to be furnished by learned counsel the petitioner in the pre-arrest bail is genuine person and that he identifies him or a photocopy of National Identity Card of the petitioner be filed.
27. Typed index to accompany Appeal/Revision.
28. Separate application for condonation of delay under section 5 of the Limitation Act should be filed.
29. The court fee is insufficient to the extent of Rs,_____________________ 30.______________________________________________ Returned with the objection (a) at serial No (s)__________above, to be re-submitted after removing the objection (s) within limitation/three days.
D.R.R (CRIMINAL)
A.R.(Judl.)/D.R.(Judl.).
During the course of proceedings when confronted learned counsel for the petitioner had frankly conceded that no doubt to receive a cause or a document and making it presentable to a Judge for the purpose of hearing or trial is an administrative/ministerial function while it is the duty of the ministerial/administrative staff to carry out preliminary scrutiny of such documents so as to find out that these are in order. The intent behind such legislation qua assigning the duty of scrutiny to the executive staff (Deputy Registrar-Judicial) was that burden of judicial work upon the Judges may not enhance due to such like petty matters. Hence, in the amended edition of High Court Rules and Orders Volume-V, the Deputy Registrar (Judicial) is authorized to return for amendment, or making up the deficiency or filing the requisite documents within a specified time and no cavil can be made to the same. However, keeping in view the spirit of Rule 9 ibid, if there is any ambiguity qua maintainability in the petition so filed before the Office, instead of returning the same, it is directed that the same shall be placed before the Court for its evaluation in the spirit of High Court Rules and Orders.
8. The instant constitutional petition stands disposed off in the above terms.