SC removes objections on petition seeking setting up of LHC additional benches

The Supreme Court removed the objections of SC Registrar Office on a petition seeking setting up of Lahore High Court additional benches in Faisalabad, Gujranwala, Dera Ghazi Khan, Sargodha and Sahiwal divisions.
Justice Umar Atta Bandial on Wednesday heard former Chairman Human Rights Committee PBC Mohammad Raheel Kamran Sheikh against the order of SC Registrar in his chamber. After hearing the lawyer, the judge removed the objections and directed the SC office to fix it before the court.
The SC registrar has refused to entertain Raheel's constitutional petition on the ground that alternate remedy has not been exhausted. The ex-chief HR Committee Pakistan Bar Council contended that the remedy before high court is not available since the impugned decision has been made by the LHC in the Full Court meeting whereby the demand for additional benches has been rejected.
The LHC in its Full Court meeting held on 15th to 17th July, 2016 had rejected the demand for establishment of new additional benches at Faisalabad, Gujranwala, Dera Ghazi Khan, Sargodha and Sahiwal divisions.
Raheel stated that the high courts not only have constitutional jurisdiction but they are also courts of original, appellate and revisional jurisdiction, on both civil and criminal sides, therefore, access to the high court is not a luxury for the litigants but virtually a necessity.
He submitted that for the last more than one decade, there has been persistent demand made by the district bar associations of Faisalabad, Gujranwala, Dera Ghazi Khan, Sargodha and Sahiwal for the establishment of new benches of the Lahore High Court.
For the lawyers and the litigants of these divisions, access to justice is more expensive, less convenient and manifestly discriminatory compared to residents of Rawalpindi, Multan and Bahawalpur divisions where permanent benches of Lahore High Court have been established since 1981.
"In order to file cases and attend hearing, litigants and their counsels from these divisions have been burdened with travelling vast distances, cost of boarding or lodging and transportation, as well as loss of valuable time. In view of this, the litigants engage advocates stationed at Lahore, Rawalpindi or Multan divisions where the benches are established at higher fees," he stated.
Raheel said the LHC Full Court decision on this important issue is manifestly arbitrary and discriminatory. He said according to the decision of the LHC Full Court meeting, there was no discussion and no reason whatsoever.
He said if the august court does not intervene even at this juncture in exercise of powers conferred upon it by Article 184(3) of Constitution, the loss may become irreparable and irreversible and may lead to aggravated use of violent means at the hand of the protesting lawyers or law enforcement agencies.