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Petitioner: HASSAN RAZA SYED VS Respondent: DISTRICT AND SESSIONS JUDGE (WEST), ISLAMABADHonorable Justice Iqbal Hameedur RahmanIrshad Ahmed Suleria
P L D 2013 Islamabad 31
Before Iqbal Hameedur Rahman, C J
HASSAN RAZA SYED---Petitioner
Versus
DISTRICT AND SESSIONS JUDGE (WEST), ISLAMABAD---Respondent
Writ Petition No.1741 of 2012, decided on 12th June, 2012.
Qanun-e-Shahadat (10 of 1984)---
----Arts. 87 & 85---High Court (Lahore) Rules and Orders, Vol. V, Chap.5, Part B---Constitution of Pakistan, Art. 199---Constitutional petition---Supply of certified copies of record---Public document---Scope---Judicial record---Scope---Preliminary inquiry conducted by judicial officer regarding missing of a file from record of court---Report submitted in court after conducting of preliminary inquiry---Application submitted by petitioner for supply of certified copies of inquiry proceedings dismissed by District Judge on the basis that only preliminary inquiry was conducted and a report was submitted, whereas orders were passed for a regular inquiry, therefore, inquiry had not yet been concluded and at such stage petitioner had no right to inspect any document relating to inquiry proceedings---Contention on behalf of petitioner was that in terms of Art.85 of Qanun-e-Shahadat, 1984 a 'judicial inquiry' came within the definition of a public document; that in view of Art.87 of the said Qanun-e-Shahadat, 1984 every public officer having custody of a public document, which a person had a right to inspect, should give that person on demand a copy of such document---Validity---Inquiry conducted by a judicial officer regarding missing of a file or negligence or omission/commission of an act by an official of the District Court could not be termed as a judicial inquiry, rather, such inquiry was conducted in pursuance of the administrative order passed by the authority concerned---Part B, Chapter 5, Rules and Orders High Court (Lahore), Volume V provided that a copy or translation of a judicial record might be granted in the manner prescribed by the rules to any person who was legally entitled to receive it, whereas in the present case, inquiry proceedings, which had not yet been concluded, could not be termed as judicial record---Constitutional petition was dismissed in circumstances.
Irshad Ahmed Suleria for Petitioner.
ORDER
IQBAL HAMEEDUR RAHMAN, C J.---Through the instant Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner seeks setting aside of the impugned order dated 9-4-2012, whereby, the application filed by him for supply of certified copies of complete inquiry proceedings, regarding missing of the original file of execution petition titled "PPL v. Hassan Raza Syed" was disposed of by the learned District Judge (West), Islamabad.
2. Learned counsel for the petitioner argued that according to Article 85 of the Qanun-e-Shahadat Order, 1984 the judicial enquiry comes within the definition of public document, and according to Article 87 of the Order ibid, the petitioner is entitled for the grant of certified copies of the complete inquiry proceedings got conducted by the Inquiry Officer, Learned counsel for the petitioner has also relied upon the Rules and Orders of the Lahore High Court, Lahore, Volume V, Part B which relates to the grant of copies and translation of record.
3. I have heard the learned counsel for the petitioner and perused the documents appended with the instant petition.
4. Petitioner, through the instant writ petition seeks setting aside of the order dated 9-4-2012, whereby, his application for supply of certified copies of inquiry proceedings was disposed of by the learned District Judge (West), Islamabad. Learned counsel for the petitioner has argued that according to Article 87 of the Qanun-e-Shahadat Order, 1984, the petitioner is entitled for the grant of certified copies of the inquiry proceedings conducted by the Inquiry Officer.
5. According to Article 87 of the Qanun-e-Shahadat Order, 1984, every public officer having the custody of public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees. Learned District Judge (West) Islamabad in his order dated 9-4-2012 has mentioned that preliminary inquiry was conducted by the Inquiry Officer and in this regard a report has been submitted by the Inquiry Officer concerned, whereas, an order for holding of regular inquiry has been passed, as such, the inquiry has not yet been concluded by the Inquiry Officer and at such a stage, certainly no person has a right to inspect any document relating to the inquiry proceeding, therefore, according to the Article-87 of the Qanun-e-Shahadat Order, 1984, the petitioner's request for issuance of certified copies of the proceedings to him, could not be acceded to. The petitioner in his writ petition has mentioned that according to Article-85 of the Qanun-e-Shahadat Order, 1984, the Judicial inquiry comes within the definition of public document, therefore, the petitioner is entitled for the grant of certified copies of the Inquiry proceedings conducted by the Inquiry Officer. The stance taken by the petitioner has no legs to stand because the inquiry conducted by a judicial officer regarding missing of a file or negligence/acts of omission and commission of an official of District Court cannot be termed as judicial inquiry, rather, such an inquiry is conducted in pursuance of the administrative order passed by the authority concerned. Learned counsel for the petitioner has also referred to Part-B of the Rules and Orders of the Lahore High Court, Lahore Volume V (Part B). From the perusal of the said Rules and Orders, I have reached to the conclusion that the same relate to copy or translation of a judicial record., whereas, the inquiry proceedings, which have also yet not been concluded, cannot be termed as judicial record. Moreover, it would not be out of place to mention here that according to Article 87(3) of the Qanun-e-Shahadat Order, 1984 "Official notes and correspondence or copies thereof, being not public documents, shall not be issued and shall not be admissible in any case."
6. In the above perspective, I am inclined to hold that the instant writ petition has no merits. Resultantly the same stands dismissed in limine.
MWA/13/ISL. Petition dismissed.