Injustice in the case of Kalim Khan (Senior Civil Judge, Multan) – by Farhad Jarral

The ‘promotion row’ has triggered a second resignation from the subordinate courts in Punjab; this time in Multan, as a senior civil judge Muhammad Kalim Khan resigned here on Wednesday.

This resignation also sparked a serious judicial crisis in Multan district courts as all civil judges went on strike while the district bar association members announced to boycott the courts Yesterday . The sources concerned said talks between the district and sessions judge and civil judges to withdraw resignation and resume court work also failed, and the civil judges refused to work.

Lahore High Court Chief Justice Khawaja Muhammad Sharif had issued a notification last week for the promotions of lower courts judges. However, when civil judge Layyah Javed Iqbal protested against being neglected in promotion process and resigned on Tuesday, senior civil judge Multan Muhammad Kalim Khan also tendered resignation to express solidarity with Javed. “My step is intended to save judiciary and system. I want to prevent my other colleagues from this kind of injustice,” observed civil judge Kalim Khan while talking to the journalists.

LUBP is proud to publish the original Resignation letter of Senior Civil Judge Kalim Khan:

From

Muhammad Kaleem Khan,

Senior Civil Judge,

Multan.

To                    The Registrar,

Lahore High Court,

Lahore.

Through:- The Worthy District & Sessions Judge,

Multan.

No.      151/Ahlmad           Dated       24.03.2010

Subject:-         RESIGNATION

Dear Sir,

I feel honour to submit that  being a member of poor but respectable Rajpoot Family I joined this noble profession for two reasons: one to seek actual pleasure in serving the suffering humanity by providing relief to the oppressed and two, to earn good name, repute and respect for my family and relations. To achieve this noble goal of dispensation of justice, like my other fellows, I also had to undergo and experience a great deal of hardships and ordeals including harsh working conditions, some times facing uncalled for irritating conduct of some lawyers and mostly due to general apathetic conduct of high court establishment while dealing even with routine petty matters of Judges. For example, despite clear cut written assurance that I have purchased no moveable or immovable property during my service except few household articles the correspondence is still in the pipeline, not to speak about fate of my application for one year leave to study abroad sponsored by my family which means the door for further education for the Judges are also closed.

2.                     Despite all such odd circumstances I courageously performed my duties honestly and diligently in accordance with law.  Out of five stations including Multan, the city of saints, I earned honorary life time membership award from two Bar Associations Chiniot & Sialkot.

3.                     But despite unblemished and spotless service record my case for promotion as Additional District & Sessions Judge in view of press report has been deferred without assigning any reason alongwith other 18 Senior Civil Judges.  I have been really shocked for this treatment and consider this deferral as a stigma on my career. Though many of my well wishers and colleagues have insisted me to retain the post of Senior Civil Judge which in their opinion is more prestigious than the post of Additional District & Sessions Judge by canvassing and persuading me that my case has only been deferred and not ignored i.e my case has been adjourned and shall be considered soon. But I disagree because I had joined the service for respect, worked for respect and if the respect is not there I should leave with respect.

Sir,

4.                     If my faithful service cannot earn me a due promotion in routine and if I find myself deprived of justice, I genuinely feel that I am not fit for the judicial service and should leave room for a more deserving aspirant.  At this defining moment of my life, despite human frailties to be forgiven by Allah, one thing that makes me courageous enough to make this decision is that with the grace of my Allah I see nobody aggrieved of me in whole of my life, not to speak about any complaint against my integrity.

5.                     Though it is always not advisable to change horse in the mid stream yet the honour, prestige and values cannot be scarified at the altar of principles. There is no gain saying that no goal can be achieved without struggle and sacrifices.  I have not tendered my resignation that I have been hit below the belt but for a lofty aim that in future no such step-motherly treatment is meted out to any of my fellow brothers and that the Hon’ble Court might over haul its system of promotion and posting purely on merits. In this way the Judges of subordinate judiciary would work with complete calmness of mind and singleness of purpose and dispense justice with more confidence and would help in rebuilding the image of judiciary.

6.                     With these submissions I tender my resignation which may kindly be accepted.

7.                     As in this state of mind I cannot perform my duties accordingly therefore leave may kindly be granted till the acceptance of my resignation.

Yours faithfully,

Muhammad Kaleem Khan.

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