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December 8, 2019

SHC moved against institution of civil, criminal proceedings without approval of solicitor dept

Karachi

December 8, 2019

The Sindh High Court (SHC) on Friday issued notices to the chief secretary, solicitor to the Sindh government and others on a petition seeking an order restraining government law officers from appearing in civil and criminal proceedings before the courts until approved by the solicitor department.

Petitioner Agha Syed Attaullah Shah submitted that government law officers who are subordinates of the secretary of the law department mostly disobey, disregard and defy the Sindh government rules of business 1985 framed under Article 139 (3) of the constitution and other relevant laws with regard to the feasibility of instituting or defending civil or criminal proceedings in which the government is involved.

He submitted that rules of business stipulate that in all circumstances the civil and criminal proceedings in which the government is involved shall be instituted or defended by the law officers only after receiving approval of the solicitor department followed by the sanction of the government.

He submitted that the majority of provincial secretaries and law officers arbitrarily exercise unlawful discrimination in most of the cases by disregarding the command of Rule 29 of the rules of the business and move outside the law at their sweet will and also appear before the court without consulting the solicitor as well as getting approval of the government, which was prerequisite for the feasibility of instituting or defending civil or criminal proceedings in which the government is involved.

The petitioner further stated that despite his repeated reminders, the respondents intentionally violated the provisions of rules of business and other rules ancillary in most of the litigation without the approval of the solicitor and the sanction of the government.

The court was requested to declare that the copy of solicitor’s approval and sanction of the government is necessary in the concerned courts to justify the memo of appearance of law officers for instituting or defending civil and criminal proceedings in which the government is involved, and to direct the government law officer to stay away from appearance before the courts until the solicitor department’s approval and government sanction is granted to them in civil or criminal nature proceedings.

SHC’s division headed by Justice Mohammad Ali Mazhar after preliminary hearing of the petition issued notices to the chief secretary, solicitor department and others and called their comments.

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