Convicted in 1993: Civil judge moves Lahore court against denial of pension – Pakistan

Lahore: A civil judge convicted of contempt in a 1993 petition against the Chief Justice of the High Court of Lahore (LHC) sued the court for denial of pensions and other benefits, although charges were eased in 2021.

He was also dismissed on charges of ‘moral immorality’.

Dr. Syed Ali Sana Bokhari joined the Provincial Judiciary in 1978 and was assigned to the LHC in 1991 as Head of the newly established Computer Cell. He claims he held a grudge against him after then Chief Justice Mian Mehboob Ahmad refused to follow ‘illegal’ instructions for procurement of computers and other machines.

Bokhari was indicted in 1991, and he filed a contempt court petition against the Chief Justice with the LHC. One court dismissed his petition in a ruling that banned it from publication in the press and legal journals.

The court also started a suo motu lawsuit against Bokhari and in 1993 convicted him of contempt of simple imprisonment of six months and a fine of 5,000 rupees.

In 2000, a divisional judge dismissed his appeal of the conviction on the observation that “…he (applicant) caused the outrage of the agency.”

However, the Supreme Court partially granted his appeal in 2001, reducing the sentence from six months to one month.

As a result of departmental proceedings, Bokhari received a notice of dismissal on charges of “moral immorality” and was finally dismissed from the LHC Management Board on September 28, 2001. He filed a service appeal with the Punjab Sub-Judicial. On June 20, 2014, it took 13 years to cancel his dismissal. Bokhari received a pension in 2004 while an appeal was pending.

In its judgment, the Court stated, “Given the fact that the Respondent Department dismissed the Petitioner without consideration on the core issues related to the matter, we tend to withdraw the appealed notice and deem it appropriate. We will remand the case in accordance with the law.”

Bokari and the LHC are dissatisfied with the 2020 Supreme Court ruling and have instructed the competent authorities to make a decision within three months.

According to a notice issued on May 5, 2021, “The Chief Justice and Judges are pleased to ease the disciplinary process against Dr Syed Ali Sana Bokhari, a former judge who has already passed pension age.”

Bokhari approached the LHC registrar for the release of pensions and other benefits, but the application was rejected on 22 January 2022 through improper notice. Bokhari submitted a written petition for notice through spokesperson Taffazul Haider Rizvi.

Judge Faisal Zaman Khan is due to hear the appeal on Monday.

Posted at Serb on February 20, 2022