P L D 2022 Sindh 499
Code of Conduct for Judges of the Supreme Court and High Courts---
----Art. IV---Constitution of Pakistan, Art. 209(8)---Recusal of a Judge from a case---Principles---Judge based on his own conscience had to decide whether to hear a case or not---Judge himself had to decide whether to recuse from a case or not---Recusal is discouraged where it is apparent that the perception of bias/impartiality is being created by a litigant or a counsel to divert a case from the Bench which he perceives as unfavorable to a Bench which he perceives as more favorable---To succumb to such tactics would not only send the message that the judges can be cowed into submission by such tactics, it would also erode public confidence in the courts and at the same time it would increase the work load of the bench to whom the case is passed on to.
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Sindh High Court Rules (Original Side)---
----Pt.1, Chap. II, R.10---Constitution of Pakistan, Art. 199---Constitutional petition before the (Sindh) High Court---Request for formation of a larger Bench---Petitioner contended that the present case was a particularly complex case and required formation of a larger bench of ten (10) Judges of the (Sindh) High Court, and the present bench should make such a request to the Chief Justice of (Sindh) High Court---Validity---Brief review of the present Constitutional petition showed that there were no undue legal complexities or other compelling reasons which would justify the petition being referred to the Chief Justice to establish a larger bench of the (Sindh) High Court to hear the petition especially given the back log of cases in the (Sindh) High Court which need to be attended to---Notably request for a larger bench was not made when the petition was filed but instead had been made after 8 separate hearing dates, which indicated that it was an afterthought prima facie with the intention of delaying the hearing of the present petition for which the counsel for the petitioners obtained an ex-parte stay order on the first day of hearing---Statement/application requesting to ask the Chief Justice of the (Sindh) High Court to form a larger ten member bench was dismissed.
Contempt of Court Ordinance (V of 2003)---
----S. 3---Constitution of Pakistan, Art. 204(2)(b)---Contempt of Court---Making scandalous, offensive and insulting remarks against a bench of the High Court and the judiciary---Judicial restraint, exercise of---Counsel for petitioner was asked to make his submissions on the maintainability of the petition but rather than doing so he started to make scurrilous, scandalous, offensive and insulting remark against the present bench and the judiciary which tirade continued unabated for about 15 to 20 minutes despite the counsel being asked on numerous occasions to leave the rostrum (which he refused to do) and the reader of the court calling other cases listed for hearing which lead to the dismissal of his petition for non-prosecution---Even the Advocate General was unable to persuade the counsel to leave the rostrum and on the bench's query as to the conduct of the counsel, the Advocate General advised the bench that such conduct prima facie amounted to contempt on the face of the court---However showing maximum judicial restraint largely on account of the young age of the counsel and with a view to avoid potentially damaging his career present bench decided against initiating contempt proceedings---High Court deprecated the misbehaviour on the part of the counsel and observed that it was not expected of an advocate of the High Court and as such cautioned him as to his future conduct when appearing before the High Court lest he might face appropriate proceedings in accordance
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