REFRENCE ON THE RETIRMENT OF THE
HONOURABLE
MR. JUSTICE MUHAMMAD SAIR ALI
DELIVERED BY
MUHAMMAD YASEEN AZAD
(PRESIDENT SUPREME COURT BAR ASSOCIATION OF
Your Lorship, Hon'ble Chief Justice of Pakistan, Hon'ble
Mr. Justice Muhammad Sair Ali, Hon'ble
Judges of Supreme Court of Pakistan, Attorney General of Pakistan, Mr. Latif Afridi (Vice Chairman
Pakistan Bar Council), Members Bar Council, Executive Committee Members of
Supreme Court Bar Association, Ladies and gentlemen.
Assalam-o-Alaikum,
Mr. Justice Muhammad Sair
Ali was enrolled as an Advocate in 1969 and advocate of High Court of West
Pakistan in Sept 1971 and advocate of Supreme Court of Pakistan in May 1978, he was the Life Member of the Supreme Court Bar
Association of Pakistan. My Lord was appointed Judge in Lahore High Court
Lahore on May 02, 2001, and on 3rd Nov. 2007 declined to take oath under the
Provisional Constitutional Order, 2007 and the oath of Office (Judges Order,
2007), As a Judge exercising, original, especial and Appellate jurisdictions,
dealt with and decided cases mainly in the areas of commercial corporate,
banking, arbitration, revenue and Civil Laws. My Lordship practiced as an advocate
and legal consultant for over 30 years in the field of Law and also conducted
cases, in Pakistan and abroad, under the rules of conciliation and arbitration of
the International Chamber of Commerce, Court of Arbitration and on matter
relating to foreign a arbitration and disputes under International Private Law
and acted as arbitrator and/co-arbitrator in a number of arbitration under the
Pakistan Arbitration Act, 1940.
My Lord has also drafted and structured
Commercial contracts including but not restricted to the field of Finance,
Banking, Energy, Fertilizers, Technology transfer, management, services,
construction and engineering, devised, developed and managed (as Board member)
numerous educational and charitable Trusts and Foundations.
Prior to Judge of High Court my Lord served
from 1981 to 2001 as visiting faculty member at the Directorate of Income Tax
(1995 - 1999) City Law College Lahore (1992 - 1996) Punjab Law College Lahore
(1987 - 1988) District Management Group (DMG) at Civil Services Academy of
Pakistan (1981 - 1983 /84) Institute of Bankers (1996 - 2000), Allied Bank of
Pakistan Academy (1995 - 1996) respectively for the Civil procedure Court, Qanoon-e-Shahad Order / Evidence
Act.
My Lord was elevated as Judge of Supreme Court
of Pakistan on
My Lord judiciary is the most important organ
of the State which must remain independent. Since the beginning of our Country
has witnessed and faced many judicial crises unfortunately till today, the most
important issue is appointment of Judges it is very sad that the strength of
Judges in the High Court of all four Provinces remained insufficient since last
65 years. From the very beginning unfortunately no attention was paid in
filling this judicial lacuna.
As we know Bench and Bar
go side by side all the attempts to raise the strength of Judges were turned
out as mere discussion but unfortunately this issue remain unresolved. Over
Judicial history witnessed that the Judges had been appointed without
considering the merits, favoritism had been an important criteria. My Lord Hon'ble Chief Justice our experience had been disappointing
the Judges to the Apex judiciary must be elevated on seniority basis keeping in
mind their length of Service and experience so far as the High Court of all
Provinces are concerned, elevation of Judges must be on merit, considering the
experience area of practice, length of Service and level of impartiality. At
this moment there is a crucial need to fill in the gap in total number of
Judges. My Lord I have often given my opinion on worthy Judgments delivered by
you Lordship and I always think high of them like NRO and few others. I
personally feel and promise to strive for their implementation and also appeal
to all other institutions of this Country to respect and implement them in all
letter and spirit. However, it will be not in the interest of the Country if
institutions go behind their Constitutional limits.
Another important aspect which needs to be
highlighted in the behavior and treatment towards those Judges who took oath under
the Provisional Constitutional Order, they choose to contest their cases after
the success of Lawyer Movement and restoration of Judiciary, I as a President
of Supreme Court Bar Association feel dismay that they are being treated
inhumanly deprived of their pensionary benefits.
I would like to shed some light upon one of
most important issue which each and every lawyers feels is unavailability of
the Cause List of Hon'ble Supreme Court in due cases
of time. However, the Hon'ble registry Bench are
constituted in different Provinces, it is the normal practice that the Cause
List is distributed and uploaded on fortnightly basis which creates problems
and confusion and most of the lawyers either remain unaware about fixation of
their cases or unable to prepare cases in such a short span of time. This issue
needs urgent consideration of my Lord. The Cause List must be reached and
uploaded before a week when the Bench travels from
Another difficulty which most of the senior
lawyers are facing is the expenses which they born in order to attend the role
signing ceremony. As the economic situation of our Country is not good and
prices keep on rising an advocate who travels from one
Province to
We bid a fond fare to his Lordship Mr.
Justice Muhammad Sair Ali and wish him fruitful days
ahead. My Lord and my friends, in the midst of these challenges times let us
take a new step forward and pray for peace security and prosperity for all.
Thank You very much.