To, ee The Worthy Registrar nf Sead Honourable High Court of Sindh, en oe Karachi. SUBJECT: RESIGNATION Respected Sir, lL In continuation to my previous letter dated 13.06.2022, and with reference to a meeting held in your good office on 21.07.2022, I have the honour to submit that I have decided to resign from the post of Judge. It is because I feel stagnant professionally, and I consider it as the will of Almighty Allah @, and He never leaves anyone empty-handed; if Allah ® takes a blessing from someone, He blesses that person with better. As Hazrat Muhammad said, “Verily, you will never leave anything for the sake of Allah Almighty but that Allah will replace it with something better for you.” (Musnad Ahmad 23074). a. I joined the judiciary in 2016 and secured the 5th position out of 149 qualified Judges. Throughout the three months Pre-Service Training & Evaluation Program (Batch-62) at Sindh Judicial Academy, I secured Grade-A. During my service tenure, I have decided thousands of cases and been rewarded with thirteen appreciation certificates and two awards. I have served this department for about six years and two months, 3. During my service, I worked with dedication and zeal. I was of the view that this is not just a job but a mission from the Almighty Allah ® to depart justice to the people. Therefore,whenever I found myself in the technicalities of the law, I always preferred justice over it and tried in every possible way to redress the grievances of the aggrieved persons. I never came under any Pressure or compulsion from any corner and was willing to face the consequences, whatever those may be. I was and am only fearful of Almighty Allah ® and never bow down before anyone, whosoever it may be. 4. Sir, I have remained part of this institution and experienced many things. Thus, I would like to highlight a few things which I consider essential and beneficial for the improvement and perfection of this institution. So that positive steps can be taken and dedicated Judges may be saved from being discouraged and frustrated with this sacred profession. POLICIES OF DISTRICT AND SESSIONS JUDGES:- 5. The Constitution of Pakistan requires and so the people anticipate from the Judges that they must follow, abide by the law, and decides accordingly. There are hardly a few humble and broad-minded District and Sessions Judges, who empower and appreciate their subordinate Judges and employees, are open to feedback, and care about the greater good. Nonetheless, the majority of them always demand that their subordinate judges must follow their policies and give them priority over the law. Besides, the subordinate Judges must also keep their near and dear ones in mind. There are no fixed criteria and standards of D&SJs for withdrawing the territorial jurisdictions from Senior Civil Judges and police stations from Magistrates, and they frequently exercise this power with the intent to harass and humiliate them. This power is unchecked and is almost exercisedarbitrarily and indiscriminately, sometimes at the complaint of their blue-eyed judges, or at the instance of Bureaucrats, even at the request of Station House Officers. It is a tool to blackmail and harass the Judicial officers because — withdrawing jurisdiction/police station without any justification is considered an insult to the concerned Judge. 6. Unit earnings have always been the focus of the D&SJs, and they have put their subordinate Judges in a race. Although, the thing which should matter must be the understanding and application of laws, the drafting and passing of quality judgments, and the delivery of justice to people. Besides, the objective of a monthly meeting is to provide updates, deliver announcements, solicit feedback, share information and participate in a team environment. Unfortunately, subordinate Judges have no right to candidly speak in a meeting and put forward their ideas because it is presumed to be the factor that diminishes the glory of D&SJs. I have attended several meetings and found that Judges remained silent, and when I enquired from them why they did not participate, they always put their fingers on their lips, Whether judiciary will flourish and develop with this mindset? Besides, D&SJs do not adequately utilize the budget; it is pretty miserable that insufficient stationery is provided to them. 7. Most of the subordinate Judges have depression, blood pressure, diabetes, or other sicknesses due to the atrocities and toxic policies of District & Sessions Judges. They consider subordinate Judges their servants and always expect syeophancy and flattery from them, As per my knowledge, If any judicial officer dares to speak against them or their policies, they issue explanations or send reports against them to High Court. Theirwords and written communication/reports have always been considered authentic, given preference, and relied upon with complete confidence. Sometimes prior to taking adverse action against a Judicial officer, comments are called from him, which is nothing more than a formality because the reply to a complaint is taken with suspicion over him; thus, the essential doctrine of natural justice, especially Audi Alteram Partem, is ignored. “and indeed We Almighty Allah ® ordains in the holy Quran that have honored the Children of Adam....” (17:70). However, the District & Sessions Judges have left no stone unturned in insulting, embarrassing, disgracing, degrading, and humiliating subordinates Judges. They hope and look from subordinate Judges to stand in front of them like there are standing before Almighty Allah ® (Astagfirullah) 8. There is a dire need to place a check and balance over the unfettered powers of D&SJs; otherwise, most judges will spend suffocated and depressed lives, and some who have courage will tender their resignation. CALLING COMMENTS ON PETTY COMPLAINTS AND NO TIME FRAME FOR DECIDING THE SAME AGAINST JUDGES 9. ‘The judges are appointed to deliver justice to the aggrieved, but it is beyond imagination and fascination that they must not ask for the same. There is no uniform criterion for calling comments, filing complaints, or initiating disciplinary proceedings. An honest, strict judicial officer is likely to have adversaries in the courts. If complaints are entertained on trifling matters without substantive evidence, no judicial officer would feel protected, and itwould be difficult for him to discharge his duties honestly and independently. There is no rule or policy that the person who files @ false complaint shall be Prosecuted once the judicial officer is found innocent, 10. Though the law has prescribed a period for deciding a complaint and completing an inquiry, despite of that, some judicial Officers are facing the proceedings for many years, in some cases for a decade. It is settled that a Judge must decide the case according to the time frame provided by the National Judicial (Policy Making) Committee, and it is to be followed strictly; likewise, complaints against Judges should be decided within the time frame provided by law. It is quite astonishing that even appeals have been pending before the Judicial Tribunal for a long time. rt The prophet Muhammad # (may Allah be pleased with him) said that “Beware! Every one of you is a shepherd and everyone is answerable with regard to his flock. The Caliph is a shepherd over the people and shall be questioned about his subjects. Beware, every one of you is a guardian and every one of you shall be questioned with regard to his trust” [Sahih-Muslim-4724 / (INT:1829)]. The Hon’ble Chief Justice’s responsibility and religious obligation are to frame and structure a policy, which can help decide departmental issues, complaints, proceedings, and appeals within a specified time. Besides, it should be ensured that the service rules and laws relating to Judicial officers must be followed strictly and without delay. Timely disposal of complaints and redressal of grievances are two sure signs of effective administration of justice.SLOW PROMOTION AND NO TIME SCALE 12. Hon’ble superior courts of Pakistan have held that a time scale must be given to those employees who have served for a particular period of service, but there is no such formula for the district judiciary. Some Civil Judges have served this department for about eight years and have an unblemished record, but they are still not promoted due to delays in the departmental promotion committee. 13. Even some Judicial officers have served for more than 20 years, but their promotions have been deferred due to some complaints, District & Sessions Judges reporting, or pendency of inquiries. Though it is assumed for the sake of argument that they have committed a mistake or an act calling into question their integrity or honesty, the question arises whether their single action will determine their entire career? Almighty Allah ® forgave a person who had committed a hundred murders. It is reported in Sahih Muslim, Book 37, Number 6610 that “... The Holy Prophet further said: By Allah, Allah is more pleased with the repentance of His servant than what one of you would do on finding the lost camel in the waterless desert”. Similarly, suppose a Judicial officer, who is also a human being, commits a mistake and repents. In that case, his errors should be forgiven with a warning to be careful in the future. So, if we are expecting mercy and forgiveness from Almighty Allah ®, then we should adopt the same behavior with His servants; otherwise, there is no forgiveness for our mistakes on the day of Judgment. 14. The Judges should be promoted on time, and if there are no vacancies, they should at least be given a time scale so thattheir salaries can come at par with the inflation, and they work with more passion and enthusiasm. POOR INFRASTRUCTURE OF COURTS ACCOMMODATION 15. The infrastructure of courts is poor and in deteriorated condition. There is an honor and privilege attached to the post of Judges, and they should preside over the courts in well-furnished courtrooms rather than in outdated infrastructure. Surprisingly, there are strict directions for the Judges of the district judiciary to be in uniform at their duty hours, but it is not allowed for them to install and use air conditioners, which does not fall in luxury nowadays. So they discharge their duties in a high-temperature room, likely resulting in ‘Heat Stress’. On the other hand, all the officers, officials of bureaucracy, and even the staff of this Hon’ble court are working in the air conditioning rooms. 16. ‘There is also a scarcity of government accommodation for the Judges, and they are facing many difficulties. However, a good infrastructure and government accommodation would create a pleasant and prosperous environment for the judges of the district judiciary, and they will deliver with their full potential. 17. I have shared what I felt is necessary for the development and growth of the judiciary. It is also essential for the Prosperity and advancement of every society that the judiciary must be well equipped and developed. 18. Sir, I have not communicated these things to offend someone or this institution. Nothing is perfect, and there is always room for improvement.19. Thave a bright academic and professional background. I am a competent, intellectual, consistent, industrious, and hardworking person, and I always put my trust in Almighty Allah®, and enough is Allah ® as a disposer of affairs. I firmly believe in Him that I have a bright career ahead in advocacy. So, my resignation may be accepted as soon as possible. In the case of Qaiser Zaman [2018 PLC (C.S) 243], the Hon’ble Supreme Court of Pakistan laid down that “Concerned officials under the law/rules/regulations are responsible for expediting the process of the resignation of Civil Servant well in time.” 20. Iam thankful to your honors and this institution for giving me an opportunity to serve as a Judge. Allah Hafiz. Yours’ Truly (IMTIAZ ALI SHAH) Civil Judge & Judicial Magistrate / Research Officer / OSD Dated: 26.07.2022