ISLAMABAD - Justice Maqbool Baqir Monday said that attack on and abduction of journalists and the Court’s abdication of responsibilities embolden those who trample fundamental rights and the right to free speech and expression.
The judge stated this while addressing a Full Court Reference held in his honour in the apex court building here. Justice Baqir laid down his judicial robes on retirement upon attaining the age of superannuation.
Chief Justice Umar Ata Bandial, Attorney General for Pakistan Khalid Jawed Khan, Pakistan Bar Council Vice-Chairman Hafeez-ur-Rehman Chaudhry, and President Supreme Court Bar Association Ahsan Bhoon also addressed on the occasion and paid rich tribute to Justice Baqir.
Justice Baqir said that it also hurts the public confidence in the Court’s ability to dispense justice without fear or favour, affection or ill-will. In a democracy governed by the rule of law under a written Constitution, the judiciary is entrusted to safeguard fundamental rights and poise evenly, the scales of justice between the citizens and the State. He added, “Let us also remember that as the Supreme Court, we neither control the sword nor the purse. Our power rather lies in our legitimacy.”
Speaking of the rule of law and particularly the independence of the judiciary, he said that dictatorial as well as democratic regimes have attempted to subjugate the judiciary and added, “Our proclivity to jealously guard our freedom is understandable.” He further said that nonetheless, independence may not degenerate into judicial dictatorship. We must not become prisoners of our past and inward looking in our approach. Opacity erodes the public’s trust and confidence in the judiciary. The judiciary would, therefore, do well to hold itself to the same standards of transparency, objectivity, and meritocracy that it holds every other institution to.
| Outgoing justice says attack on and abduction of journalists and court’s abdication of responsibilities embolden those who trample fundamental rights and right to free speech and expression
Says our power lies in our legitimacy
Justice Baqir stated that there is an increased perception that judicial appointments and disciplinary proceedings are influenced by extraneous considerations. Notwithstanding the merits of such claims, the gravity of this perception cannot be overstated. Resultantly, we must evolve an objective criterion for appointments and also make proceedings before the Supreme Judicial Council more transparent. Needless to say, it would be devastating if the tenure of office of a judge is in reality made dependent on the acceptability of his judgments by those wielding power, and the prospects of further elevation of a judge are jeopardized on account of his judgments not being well received by certain quarters.
He said that exclusion of certain judges from the hearing of sensitive cases on account of their independent and impartial views has an adverse effect on the impartiality of judges while also tarnishing the public perception about the independence and integrity of the judiciary. This practice also tends to affect the morale of judges who are consigned to less significant benches and fosters feelings of estrangement amongst members of the bench. While speaking about alienation, let us also address an issue that has created fissures amongst members of the bench.
Justice Baqir said that nonetheless, an enviable practice of our judicial tradition was that judges in the majority or in dissent would refer to those they disagreed with as their ‘learned brother’, thus, implying that notwithstanding their disagreement on the interpretation of certain legal provisions, the other judges’ views too were learned and thus deserved respect and reverence. Nonetheless, the manner in which we have referred to each other while differing with each other’s views in the recent past should cause immense discomfort to all of us. He said that can this country expect us to be temperate, balanced, and respectful when we are incapable of displaying the most common of civility and courtesy to our own colleagues.
The judge stated this while addressing a Full Court Reference held in his honour in the apex court building here. Justice Baqir laid down his judicial robes on retirement upon attaining the age of superannuation.
Chief Justice Umar Ata Bandial, Attorney General for Pakistan Khalid Jawed Khan, Pakistan Bar Council Vice-Chairman Hafeez-ur-Rehman Chaudhry, and President Supreme Court Bar Association Ahsan Bhoon also addressed on the occasion and paid rich tribute to Justice Baqir.
Justice Baqir said that it also hurts the public confidence in the Court’s ability to dispense justice without fear or favour, affection or ill-will. In a democracy governed by the rule of law under a written Constitution, the judiciary is entrusted to safeguard fundamental rights and poise evenly, the scales of justice between the citizens and the State. He added, “Let us also remember that as the Supreme Court, we neither control the sword nor the purse. Our power rather lies in our legitimacy.”
Speaking of the rule of law and particularly the independence of the judiciary, he said that dictatorial as well as democratic regimes have attempted to subjugate the judiciary and added, “Our proclivity to jealously guard our freedom is understandable.” He further said that nonetheless, independence may not degenerate into judicial dictatorship. We must not become prisoners of our past and inward looking in our approach. Opacity erodes the public’s trust and confidence in the judiciary. The judiciary would, therefore, do well to hold itself to the same standards of transparency, objectivity, and meritocracy that it holds every other institution to.
| Outgoing justice says attack on and abduction of journalists and court’s abdication of responsibilities embolden those who trample fundamental rights and right to free speech and expression
Says our power lies in our legitimacy
Justice Baqir stated that there is an increased perception that judicial appointments and disciplinary proceedings are influenced by extraneous considerations. Notwithstanding the merits of such claims, the gravity of this perception cannot be overstated. Resultantly, we must evolve an objective criterion for appointments and also make proceedings before the Supreme Judicial Council more transparent. Needless to say, it would be devastating if the tenure of office of a judge is in reality made dependent on the acceptability of his judgments by those wielding power, and the prospects of further elevation of a judge are jeopardized on account of his judgments not being well received by certain quarters.
He said that exclusion of certain judges from the hearing of sensitive cases on account of their independent and impartial views has an adverse effect on the impartiality of judges while also tarnishing the public perception about the independence and integrity of the judiciary. This practice also tends to affect the morale of judges who are consigned to less significant benches and fosters feelings of estrangement amongst members of the bench. While speaking about alienation, let us also address an issue that has created fissures amongst members of the bench.
Justice Baqir said that nonetheless, an enviable practice of our judicial tradition was that judges in the majority or in dissent would refer to those they disagreed with as their ‘learned brother’, thus, implying that notwithstanding their disagreement on the interpretation of certain legal provisions, the other judges’ views too were learned and thus deserved respect and reverence. Nonetheless, the manner in which we have referred to each other while differing with each other’s views in the recent past should cause immense discomfort to all of us. He said that can this country expect us to be temperate, balanced, and respectful when we are incapable of displaying the most common of civility and courtesy to our own colleagues.
