EDITORIAL: While revolutionizing communication the emergence of social media has given rise to new challenges. Anyone and everyone can become a target of smear campaigns, including members of higher judiciary. In his address to a recent webinar organised by the International Institute for Justice Excellence at The Hague, Chief Justice of the Islamabad High Court, Justice Athar Minallah, cited personal experiences to show how the game is played. In one instance, after he decided a case related to a high profile political personality a video was uploaded on social media platforms alleging he was beneficiary of a property gifted by the appellants. “The details of the apartment were narrated with such confidence that those who did not know me would have been justified in believing the story.” He had the other nasty experience during a conference in South Africa when a photo of him and a Supreme Court judge sitting in a Cobra sports car, on exhibition outside their hotel, went viral with the caption saying that “I was in London and the other person was an office-holder of a political party.” The obvious insinuation being that the purported politician had presented him with a highly expensive car as a return favour. Clearly, someone had done that at the behest of a party unhappy with the IHC CJ’s no non-sense approach to those who would pressure the courts.
As things stand, all major political parties have established media cells where their activists troll their rivals, and freely plant fake stories and scandals, like the ones the honourable justice talked about, to malign them in the public eye. Then there are others, even journalists, who think of nothing to make disparaging remarks about judges out of motives best known to them. Be that as it may, the freedom of expression cannot and must not be circumscribed through controversial laws like the Prevention of Electronic Crimes Act, 2016, attempts to do. It is worthwhile to mention here how Justice Minallah dealt with petitions seeking contempt proceedings against journalist Matiullah Jan for posting a contemptuous tweet. Recalling that he had dismissed the case in limine (at the start), he explained, “If contempt proceedings were to be initiated on the basis of a message uploaded on a social media platform, it would have opened floodgates of petitions.” More importantly, he said, “the dignity and integrity of an independent judge was not so frail and vulnerable as to be harmed by a tweet on a social media platform.”
Nonetheless, the IHC Chief Justice averred, “abuse of the social media has an intense effect on stakeholder of administration of justice and the people whose confidence in the judicial system and judicial officers is pivotal.” It would be surprising if he did not mention that the political forces also made attempts to influence judicial proceedings, going on to raise the pertinent questions: “How should a judge react? What would be the most apt response institutionally?” Justice Minallah provided the best possible answers himself: A judge must learn not to fear or to be influenced by the content on social media platforms. Fake, malicious, false and misguided content and material on these forums should be ignored and the challenge should be met on the basis of commitment and faith in the oath of office. In other words, it is up to judges to uphold the dignity of the exalted offices they hold and perform their duties to the best of their abilities.
Copyright Business Recorder, 2020