PLJ 2022 Karachi 90 (DB)
Qanun-e-Shahadat Order, 1984 (10 of 1984)--
----Art. 87--Issuance of certified copies without name and designation of issuing authority--Violation of elementary legal--Obligation of authorized officer--Direction to--A certified copy is a copy that evinces ratification or countersignature as certificate that it is a true copy of a document and or record of judicial proceedings which denotes and connotes that document that has been verified after original document has been sighted by an officer authorized under law to certify it--Officers authorized under law to certify document do not adhere to elementary legal obligation and they consistently or as a routine matter omit to mention their names and designations while certifying true copies of documents which tendency should be discontinued immediately--We appreciate efforts of petitioner who in person brought an important issue for resolution and also reported defilement of relevant rules applicable for issuing certified true copies by Courts in province of Sindh--In wake of above discussion, we direct Registrar of this Court to ensure, that no certified copy shall be issued in violation of Article 87 of Qanun-e-Shahadat Order, 1984 and enabling Rules in this Court and simultaneously, all District! and Sessions Judges and Presiding officers of all Special Courts/Tribunals in province of Sindh shall also ensure strict compliance of this order--Registrar of Sindh High Court is directed to transmit copy of this order to all District and Sessions Judges and Presiding Officers of Special Courts/Tribunals in province of Sindh for compliance--Petition was disposed of. [Pp. 96 & 97] B, C, D & E
PLD 2015 SC 380 ref.
Qanun-e-Shahadat Order, 1984 (10 of 1984)--
----Art. 87--Certification of true copy--Every public officer while certifying any public documents shall give that person on demand a copy of it on payment of legal fees together with a certificate written at foot of such copy that it is a true copy of such document and such certificate shall be dated and subscribed by such officer with his name and his official title and shall be sealed. [P. 95] A
Petitioner present in person.
Mr. Khursheed Jawed, Advocate for KDA.
Mr. Abdul Razzaq, Registrar of Sindh High Court.
Ms. Leela Kalpana Devi, Addl. A.G. Sindh.
Date of hearing: 4.6.2021.
PLJ 2022 Karachi 90 (DB)
Present: Muhammad Ali Mazhar and Amjad Ali Sahito, JJ.
SIBTE ZAHID NAQVI--Petitioner
versus
DIRECTOR COORDINATION FOR ADMINISTRATOR
KMC--Respondent
C.P. No. D-252 of 2012 and C.M.A. No. 2232 of 2020
decided on 4.6.2021.
Order
Muhammad Ali Mazhar, J.--During pendency of some interlocutory applications including a Review Application, the petitioner has filed this application in larger public interest with the narrative that it has become a usual practice in Courts for last many years that the person signing the certified copy do not mention his name and designation to establish his authority for issuance of certified copy which is violation of Article 87 of Qanun-e-Shahadat Order, 1984. In order to establish this irregularity rather violation of law, he also produced a certified copy of the order dated 17.12.2019 to show that it was signed by a person without disclosing his name and designation as certifying officer. He relied on PLD 1975 Karachi 352 (Mohammad Usman vs. Lal Mohammad and others) in which the Court held that Exh. 49 is not a certified copy within the meaning of Section 76. This section requires that only the public officer having the custody of a public document may give a certified copy and it must then be dated and subscribed by such officer with his name and official title. The Court further held that Exh.49 although it does bear a signature does not purport to indicate the designation of the person who has put the signature, much less that he was such a public officer as is contemplated by Section 76. He further relied on PLD 2015 S.C. 380 (Government of Sindh vs. Muhammad Shafi & others wherein the Apex Court reiterated the settled principle of law that where law requires an act to be done in a particular manner, it has to be done accordingly and not otherwise. The petitioner further articulated that the requirements as envisaged under the Law to issue certified copy are necessary to be fulfilled and implemented in its letter and spirit hence the matter requires immediate action in the public interest.
2. In order to thrash out the matter in its right perspective, we asked the learned Registrar of this Court to provide assistance and we also surveyed relevant provisions of law applicable for issuing or granting certified true copies. For the ease of reference, following provisions are reproduced as under:
Relevant Articles of Qanun-e-Shahadat Order, 1984
85. Public documents.--The following documents are public documents:--
(1) documents forming the acts or records of the acts:
(i) of the sovereign authority;
(ii) of official bodies and tribunals, and
(iii) of public officers, legislative, Judicial and executive of any part of Pakistan or of a foreign country.
(2) public records kept in Pakistan of private documents.
(3) documents forming part of the records of judicial proceedings;
(4) documents required to be maintained by a public servant under any law; and
(5) registered documents the execution whereof is not disputed.
86. Private documents.--All other documents are private.
87. Certified copies of public documents.--Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefore, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal, and such copies so certified shall be called certified copies. [Emphasis applied]
Explanation: Any officer, who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this Article.
90. Presumption as to genuineness of certified copies.--(1) The Court shall presume every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of the Federal Government or a Provincial Government to be genuine:
Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
(2) The Court shall also presume that any officer by whom any such document purports to be signed or certified, held when he signed it, the official character which he claims in such document.
91. Presumption as to documents produced as record of evidence.--Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by witness in a judicial proceeding or before any officer authorized by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate or by any such officer as aforesaid, the Court shall presume:
that the document is genuine that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it are true and that such evidence, statement or confession was duly taken.
Sindh Chief Court Rules (A.S)
133. Copies how certified.--Certified copies shall be endorsed with the following particulars:-
(1) the date of application for the copy;
(2) the date of estimate of fees;
(3) the date of deposit of estimated fees and the date of supply of stamp;
(4) the date of certification by the Sheristedar;
(5) the date of delivery of the copy .
They shall be certified at the foot to be a “true copy”, shall bear the seal of the Court on each page, and shall be dated and subscribed in full with his name and official title by the Sheristedar. The certifying officer shall initial every alteration and interlineations in the copy.
Sindh Civil Courts Rules
324. Preparation of copies not commenced until prescribed fees deposited. (1) No copy or translation shall be commenced until the estimated amount of the copying and comparing fees and, as the case may be, translation fee, when leviable, have been deposited with the Record Keeper: Provided that the Judge may sanction the preparation of copies or translations costs of which are to be recovered by value payable post.
(2) If the estimated amount of fees and, in the case of a certified copy, also the requisite stamp is not deposited within seven days from the date of the communication under sub-rule (I) of Rule 323 to the applicant, the application shall be rejected and note to that effect made in Column No. 24 of the Register of Applications for Copies and Translations.
329. Copies how certified.--Certified copies shall be endorsed with the following particulars:-
(1) The date of application for the copy;
(2) the date of estimate of fees;
(3) the date of deposit of estimated fees and the date, of supply of stamp;
(4) the date of certification by the chief ministerial officer; and
(5) the date of delivery of the copy.
They shall be certified at the foot to be a “true copy” shall bear the seal of the Court on each page, and shall be dated and subscribed in full with his name and official title by the chief ministerial officer of the Court. The certifying officer shall initial every alteration and interlineation in the copy. [Emphasis applied]
4. The public documents and private documents have been defined under Articles 85 and 86 of Qanun-e-Shahadat Order, 1984. The definition of public document includes the record of official bodies and tribunals and documents forming part of the records of judicial proceedings and documents required to be maintained by a public servant under any law. Under Article 90 much sanctity attached to the presumption as to genuineness of certified copies provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. The Court shall also presume that any officer by whom any such document purports to be signed or certified, held when he signed it, the official character which he claims in such document. Even under Rule 133 of Sindh Chief Court Rules (A.S), the particulars to be endorsed on certified true copies are provided with clear condition that it shall be certified at the foot to be a “true copy”, shall bear the seal of the Court on each page, and shall be dated and subscribed in full with his name and official title by the Sheristedar. The certifying officer shall initial every alteration and interlineations in the copy. In tandem, Rule 329 of Sindh Civil Courts Rules, also explicates the manner in which copies are to be certified with certain particulars with the same condition that it should be certified at the foot to be a “true copy,” shall bear the seal of the Court on each page, and shall be dated and subscribed in full with his name and official title by the chief ministerial officer of the Court and the certifying officer shall initial every alteration and interlineation in the copy.
(Y.A.) Petition disposed of
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