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Petitioner: Mst. SAIRA SHAUKAT through Special Attorney VS Respondent: DISTRICT AND SESSIONS JUDGE, ISALAMABAD and 2 otherss
Court Name: Lahore High Court Judge(s): Maulvi Anwar-ul-Haq Title:Mst. SAIRA SHAUKAT through Special Attorney vs DISTRICT AND SESSIONS
JUDGE, ISALAMABAD and 2 otherss Case No.: Writ Petition No,2678 of 2003 Date of Judgment:2004-01-16 Reported As: 2006 YLR 3120 Result: Petition allowed Judgment ORDER ' MAULVI ANWARUL HAQ, J.---Some litigation is going on between the petitioner and her husband in a Court in U.K. An application was filed before the learned District Judge, Islamabad in his capacity as Director, Human Rights, by respondent No,2, mother of said husband of the lady. It was prayed that the service record of the petitioner in a private school in Islamabad be made available to be produced in the said Court. The application has been allowed on 2-10-2003. 2. Learned counsel for the petitioner contends that the learned District Judge, Islamabad in the said capacity has no jurisdiction to procure evidence for a party in appending litigation. Learned counsel for respondent No,2 has tried to support the in;pugned order. 3. Admittedly, no proceedings were pending before the learned District Judge, Islamabad to which either the petitioner or respondent No,2 is a party. I have not been able to locate any provision of law, under which the Director, Human Rights can pass an order directing a 3rd party to produce evidence and hand over the same to a person who is not a party to any legal proceedings against any other person. Learned counsel for respondent No,2, of course, is not in a position to state any legal provision warranting the impugned order. 4. Writ petition accordingly is allowed and the impugned order dated 2-10-2003 of the learned District Judge, Islamabad/respondent No,1 is declared to be without lawful authority and is set aside.