In the High Court of......

So another pleasent spring day. Arrive in the High Court complex and what do I see, a familiar pair coming up bickering like the old married couple they are. We meet exchange pleasentries and he comes with me to the Bar room and she to the Justices Chambers. A spot of early morning tea and its off to to the robing room recently, the new robing room which just opened and looks a lot like a locker room. As we adjust our bands on our stiff collars and and wear our oversized and bloody expensive silk gowns, a glance at the screen shows that our cases are about to be called up and we depart leaving the monstrous new wing for the pleasent colonial architecture of the old building and he say’s in passing

“hey, Ak-84, Courtroom 6 right”

I reply in the affirmative and he says, good its been a while since he has been there and from memory its a large oak panelled, high celinged room. We arrive just as the usher calls out his cases name and we go in…
to see his better half sitting behind the bench in all her judicual costume. THAT explains why he has not been in this courtroom for a while. Her Ladyship and opposing Counsel could not have been more surprised if a Dodo had just walked in.

A quick conferance takes place by the bench where opposing counsel makes it clear he has not objection to continuing despite this oversight, doubtless thinking that he now has ground no 1 of his appeal set, while the bickering old married couple doubtless aware that if they do as suggested, he will be reported to the Bar Council and she to the Senate opine that the best course of action will be to adjourn the matter and to summon the Resgistrar to explain this fuckup.

The Opposing Counsel is outvoted and the summoned gentleman arrivesand My Lady proceeds to intimate her disapproval in a tonal level that ensures that both the Senate and the Bar Council will know of the matter without the requiring the aid of any report. The IT head of the HC is also summoned and leave with a branc new @$$hole.
So ends another day in the High Court of Jackasses…errrrr Judicature.

Actually, if opposing counsel is consenting to this arrangement, wouldn’t that waive the issue for appeal? I know that there are some conflicts of interest in the US system that you can’t consent to, but is that the case in Pakistan?

This is an example of an irregularity which WILL vitate the whole process, it cannot be rectified with consent.
There is one reported (Supreme Court) judgement where a spouse was permitted to appear before his spouse, but it was in an urgent matter (removing life support issue) which took place in the holidays when the wife was the duty judge and there was no time to instruct other counsel.
This matter was a CPLA. No where near as urgent.

If anyone is interested, I found out today that the matter has been relisted for next week, in front of a different Justice.