Justice Muhammad Kamran Khan Mulakhail

Justice Muhammad Kamran Khan Mulakhail was born on the 19^th January 1968 at Quetta, who is scion of renowned family of Mulakhail tribe and his late father Mr. Fazal-ur-Rehman Khan a renowned politician, everlasting member of “PASHTOON JIRGA” politically affiliated with the then leading progressive political party of the country and a businessman, brought up his beloved son in a conducive environment of Islamic Teaching, Patriotism and with feeling of care, imparted him with education from well reputed Tameer-i-Nau Schooling system of the City, and completed his graduation, post graduation in Commerce and post graduate diploma in computer science from University of Balochistan with flying colours in 1992-94. He graduated in Law from University Law College, Quetta in the year, 1994.

Justice Muhammad Kamran Khan Mulakhail was enrolled as an Advocate on 13^th December, 1995, as advocate of High Court on 13^th December, 1997 and as advocate of Supreme Court of Pakistan on the June 19^th 2010. He practiced for over 18 years before District Courts, High Court of Balochistan, Federal Shariat Court and the Honourable Supreme Court of Pakistan.

Justice Muhammad Kamran Khan Mulakhail conducted innumerable criminal, civil and constitutional cases which have been reported in law journals including the case reported as “Kamran Khan Mulakhail v. Government of Balochistan” (PLD 2012 Balochistan 57), striking down the judicial powers of the Executive Magistrates in the province under the Criminal Procedure Code (Balochistan Amendment) Act 2010, whereby a parallel judicial system had been tried to be set up by the legislature. He also assisted the Court in number of cases as amicus curia, particularly in the case reported as “High Court Bar Association v. Government of Balochistan” (PLD 2013 Balochistan 75) on the point of exercising Suo Moto jurisdiction by the High Court under Article 199 of the Constitution.

Justice Muhammad Kamran Khan Mulakhail was elected as Joint Secretary, Balochistan Bar Association (1999-2000), Member Executive Committee, Balochistan Bar Association (2001-2002), Vice President, Balochistan Bar Association (2002-2003), Pro-Bono Lawyers Team Leader, Advice and Legal Assistance Centre, International Catholic Migrants Commission (2002-2003), elected as Member Balochistan Bar Council (2010-2015), Chairman Executive Committee of Balochistan Bar Council, 2010.

Justice Muhammad Kamran Khan Mulakhail represented Balochistan Bar Council in Judicial Commission of Pakistan in its first ever historic meeting. He also participated in the first meeting of commission which had approved the proposed draft of the commission rules.

Justice Muhammad Kamran Khan Mulakhail has also rendered valuable services as member of visiting faculty of Balochistan Judicial Academy. He delivered lectures on law subjects to the trainees of Balochistan Judicial Academy, Organized Seminars, Workshops, and Discussions on topics related to social, political, and economic issues for new entrants in the profession. He represented Bar in the liaison committees formed to create synergies among the Bar and the Bench, Legal Academic Institutions and Media. On the eve of military coupd’ etat in the country in 1999 he organized and hosted, the National Lawyers Convention at Quetta under the auspicious of Pakistan Bar Council and Supreme Court Bar Association of Pakistan (2000 & 2001). Being the team leader of pro bono lawyers (Volunteer), he pleaded the cases of Violence against women, and Juvenile Prisoners. He also remained legal consultant of various national and multinational organizations. He was also a member of the General body of Children Hospital, Quetta (CHQ).

Justice Muhammad Kamran Khan Mulakhail was elevated as Additional Judge, High Court of Balochistan on the August 30, 2013 and confirmed as Judge of the High Court of Balochistan on the 2^nd of September, 2015.

Justice Muhammad Kamran Khan Mulakhail has presided the Division Benches and decided more than 4000 cases i.e. Constitutional Petitions under the original jurisdiction of High Court, Civil and Criminal Appeals, Revisions, cases pertaining to Admiralty Jurisdiction, Companies, Custom References, Sales Tax References and Income Tax References.

Justice Muhammad Kamran Khan Mulakhail remained Chairman of Rules Committee, Research Committee, Building Committee and Security Committee of High Court of Balochistan, and was also Member of the Case Management Committee. After separation of judiciary from the executive, no such law/enactment was in place to regulate the services of members of District Judiciary. Therefore, an immediate and necessary arrangements were initiated, he being Chairman of the ‘Legislation Committee’ supervised the process of draft bill for Balochistan District Judiciary. The task was accordingly accomplished and after approval by the Provincial Assembly and assent of the Governor of Balochistan, the law namely ‘Balochistan District Judiciary Act, 2021’ was enforced in the Province.

In order to meet the requirement of the enforced law, he also supervised the preparation of ‘The Balochistan Judicial Officers Service Rules, 2021’.

Moreover, subject to provision of Article 208 of the Constitution of the Islamic Republic of Pakistan 1973, ‘The High Court Establishment (Appointment and Conditions of Service) Rules 2020’ was drafted and after vetting was forwarded to the Governor of Balochistan and on his assent, have been notified accordingly.

Subject to power conferred to the High Court of Balochistan under the new enactment (Act 2021) ‘The Balochistan District Judiciary Staff Service Rules, 2021, were also prepared and enforced to regulate the services of members of the District Judiciary.

On 8^th August 2016, when due to an horrendous suicide attack on the legal fraternity, 67 lawyers were martyred and 92 were severely injured. Again efforts were initiated for compensation of the martyrs’ families and immediate medical treatment for the injured. Since, the catastrophic devastating bomb blast created a vacuum in the legal fraternity, in pursuance whereof, an idea was conceived by Justice Muhammad Kamran Khan Mulakhail to fill up the gap for human resource development. Thus, the scholarship program was tailored and Terms of References were drafted. The proposal was presented before the ‘Judges Committee’ of the High Court of Balochistan and on approval thereof, the Government of Balochistan was asked to allocate the funds for higher education for the lawyers of the Province. Initially, Rs. 250 Millions were allocated by the Government of Balochistan, which were invested in the fixed deposit with the renowned commercial bank, while the proceed money generated thereon, was reserved for ‘Scholarship Program’. So far, 20 lawyers who met the criterion, have been awarded scholarships for higher studies in the United Kingdom (UK). Whereas the majority of them have completed their LLM and Bar at Law courses, while, few of them are still studying in the various universities in the UK. Needless to mention that in result of continuous efforts Rs. 250 Million have further been allocated to the scholarship program, which is now being run under the auspicious of Balochistan Education Endowment Fund (BEEF). Since, the idea of scholarship program was conceived by Justice Muhammad Kamran Khan Mulakhail, therefore, he was also nominated as a Focal Person for higher and specialized education of lawyers in the field of law form the renowned universities of UK. This scholarship program is still in place with reserved funds of Rs. 500 million and running successfully on annual basis.