Judge gives reasons for `My Lord`s` stay 

LAHORE, Sept 19: The judges have never issued any command or instruction to members of the legal fraternity to necessarily address the judges with the terms `My Lord` or `Your Lordship` says a detailed judgment issued by Justice Nasir Saeed Sheikh on a writ petition against the use of the said titles. On Sept 11, the judge had announced a short order and dismissed the petition.

A local lawyer had filed the petition through Advocate A.K Dogar and also challenged the act of bowing by lawyers while entering the courtrooms, and the placing of seats of judges at a raised platform.

In the detailed judgment, Justice Sheikh has addressed all the points raised by the petitioner with historical background and meaning of the impugned tittles described by many dictionaries.

The judge said this courteous and respectful form of address has its origins in the British judicial system. It has not been `found through any source of legal literature that even the British members of the bar ever addressed thejudges with the term `My Lord` and `Your Lordship` with an attribution of placing the judges near to the concept of `God Almighty,` the judge remarked.

He pointed out that the petitioner`s counsel did not raise any argument nor produced any material in writing contrary to this historical fact.

Justice Sheikh referred to different English language dictionaries. He said the word `Lord` in its ordinary meanings has reference to qualities of ability, nobility and learning of the person who are appointed as judges of superior courts.

Such practice of the bar members cannot be directed to be discontinued by an order passed by this court as prayed by the petitioner on religious grounds, the judge said.

As far as the concept of expressing the gesture of respect towards the seat of a Justice by a person entering and leaving the courtroom is concerned, the judge said it has no reference to demonstrating a conduct of worship which is unequivocally reserved for Allah Almighty.

`The bending of head be-fore the judges in the courtroom is a customary practice for showing respect,` the judge remarked and added if every lawyer who enters the courtroom start uttering the word `Assallam-o-Alaikum` loudly throughout the day, the entire proceedings of the court will be disturbed.

As far as the objection by the petitioner about placing the seat of judges at a higher pedestal in courts was concerned, Justice Sheikh said it was only for symbolic display of authority of courts different from the ordinary people.

`This placement of the seat reflects the intention of the law givers that when a person performing the functions of the governments appears before the court of law on complaint lodged by a private person must have an impression that he is appearing before an authority superior to that functionary,` the judge maintained.

`In view of all the above detailed reasons, I do not find any merits in the instant writ petition instituted by the petitioner which is hereby dismissed,` the judgment concluded.

Doo-Bai

Chaudhry Ahmed Khan
  Advocate High Courts
     Cell: 0300 2172379

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