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ISLAMABAD: The Islamabad High Court (IHC) noted that the judicial branch of the State has a pivotal role in the society and a judge is not immune from being criticised.

Chief Justice IHC Athar Minallah passed the judgment on the post-arrest bail application of Masoodur Rehman Abbasi, general secretary PPP, PS-114 Karachi, arrested for uttering indecent and disrespectful remarks against Chief Justice of Pakistan Justice Gulzar Ahmed in a video clip. The IHC had granted him bail against the surety bonds worth Rs5000.

The judgment said, “The judiciary, because of the nature of functions assigned to it under the Constitution and the lofty position it enjoys in the society, is open to criticism.”

Disrespectful remarks against CJP: IHC grants bail to PPP leader

“The independence of a judge is not affected in any manner because of public criticism. But unthoughtful criticism, using strong and intemperate language or utterances that are defamatory in nature, ought to be avoided.”

He stated that among all the codes of conduct that have been prescribed, probably the one most illustrative and placing a stringent bar is mentioned in the Hedaya, a compilation of the opinions of Sharia by Imam Abu Hanifa and other Mujtahideens, the relevant portion being as follows:

In order to assure the present accused or any other litigant, it is imperative to demonstrate that the trial is not only fair but ought to be seen as fair. The judges of District Courts must have the confidence and belief that each one of them, while dispensing justice, has the same status as any other judge of the Supreme Court or a High Court.

Copyright Business Recorder, 2021

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