Judging without fear and favour.

Byline: ZAEEM MUMTAZ BHATTI

The references need decisions to pull the country out

Nisaar main teri galiyon peh ai watan, keh jahan

Chali hai rasm keh koi na sar utha keh chale

Jo koi chahane wala tawaaf ko nikale

Nazar chura keh chale jism-o-jan bacha keh chale

- Faiz Ahmad Faiz

History bears ample witness to the bitter reality that those who spoke or wrote the truth, those who called a spade a spade, faced incarceration, removal from their jobs, character assassination, and whatnot. The agents of the powers that be are of the considered opinion that truth lies at the heart of all problems. They fear that skeletons will tumble out of the closet and the system so carefully crafted by them would come crashing down. Hence the tug of war between the truth, half-truths, lies, outright propaganda, official narrative and unofficial narrative.

When a judge of the superior Courts swears allegiance to the Constitution, the words he speaks aloud include 'without fear or favour'. Independence of the judiciary is a doctrine deeply embedded in the fabric of the Constitution.

While a pliant judiciary bends to the will of the authoritarian and autocratic regimes, the independent judiciary holds in check the transgressions of the executive. Without the independent judiciary, the government in the saddle would be granted carte blanche, thereby throwing the whole society into anarchy.

The Chief Justice of Pakistan, Mr Justice Asif Saeed Khosa, dilated on independence of judiciary in an article entitled 'Independence of Judiciary: The Final Frontier' when he was a judge of the Lahore High Court. This article was published in PLD 2007 Journal 1. He highlights four stages to make the dream of independence of judiciary come true. One, to identify the roadblocks and to find ways and means to remove them in helping achieve the dream. Two, to shore up the independence of the judiciary by consolidating the social milieu. Third, to create a general perception among the public that propping up the independent judiciary would ultimately benefit them. After dwelling on the three stages, he finally comes to 'the final frontier'. He sheds light on it as 'the judges should shake off every other consideration from their minds and should decide the matters placed before them in accordance with the law and nothing but the law.'

Big movements are always started by very few numbers of people, and in some cases, by only a single person. It's not the numbers that carry weight, but...