Ex-judge warns of judicial subservience

RAWALPINDI BUREAU —Former Supreme Court judge Jamal Khan Mandokhail has warned that undermining or disregarding judicial independence could have serious consequences for the state, parliamentarians and society as a whole. "When courts become subservient to political or executive pressure, law is replaced by the will of the powerful and is applied selectively, rather than impartially," said Justice (retd) Mandokhail in his speech on the eve of the farewell Supreme Court full court reference held in his honour on Wednesday.

"Citizens then lose faith and trust in the justice system. They stop considering the courts as fair arbiters," he adds. Justice Mandokhail has urged parliament not to undermine judicial independence, stressing that only an independent judiciary can safeguard citizens' fundamental rights. The judge further warned that without an independent judiciary, political dissenters and critics could be targeted, while systemic corruption, human rights violations and unlawful actions by state officials could go unchecked.

"In such a situation, citizens may choose their own ways of seeking justice, which can lead to anarchy." On the relationship between parliament and the judiciary, Justice Mandokhail said that safeguarding judicial independence is the collective responsibility of Parliament, the judiciary and the executive.

"Parliament, however, has a pivotal role in this regard. The Constitution empowers parliament to amend and re-amend the constitution, provided that it preserves the salient features of the constitution, particularly independence of the judiciary." "While parliament represents the sovereign will of the people as a law-making body, it must not undermine the judicial independence and it must remember that only an independent judiciary can secure the fundamental rights of the citizens.

"This court in the case of District Bar Association Rawalpindi and in my dissenting note in the case of Shuhada Forum, Balochistan, has interpreted the concept of salient features of the Constitution." Justice Mandokhail said that to preserve, protect and defend the Constitution, the support of the citizens in general, a strong and active bar in particular and an independent parliament is essential.

"Without their support, expecting the judiciary alone to bring radical change in the affairs of the country would be unfair. In my opinion, it is a collective effort and wisdom of all the three organs of the State and the citizens to preserve, protect and defend the Constitution in order to establish a strong democratic country." Justice Mandokhail stated that perception of the public, media or the polity is not the final or absolute determining authority of a judge's character or conduct.