Full-court reference: Opacity erodes public trust in judiciary: Justice Baqir

ISLAMABAD: Justice Maqbool Baqir has stated that attacks on and abduction of journalists and the courts’ abdication of responsibilities have emboldened those who trample upon fundamental rights and the right to free speech and expression.

He was addressing a Full Court Reference, held in his honour in Court Room No 1.

Justice Baqir on Monday 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 Hafeezur 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 it also hurt the public’s 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. 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. He added: “Our proclivity to jealously guard our freedom is understandable.”

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.

Justice Baqir stated there is an increased perception that judicial appointments and disciplinary proceedings are influenced by extraneous considerations. Notwiths-tanding 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 (SJC) 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 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’s 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 among members of the bench, he said.

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, he said. 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. 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, he asked.

Copyright Business Recorder, 2022