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(By : Adv. Ch. Abdur Rahman Nasir Burm)

What is not done justly purported to be unjust. For administration of justice the scales of justice have always keep to be even. Irrespective of the fact how dignified rich or famous person is a party, claimant or accused. There must be equal parameters of dealings and behaviours with rich and poor. The pleaders/lawyers must equally be regarded and heard. Every lit is important for its litigant and that must be disposed of with full care and caution as per Law and precedents of superior courts.It is a dilemma that courts of law generally ignore the dicta of the higher fora on the issue. Despite binding status of rulings of Supreme Court, the lower courts do not regard as mandatory guiding principle while deciding the similar issues of law or of fact. It’s matter of immense importance that all the lowers courts must be duty bound to consider and decide the matters as per Law and rulings of the higher courts on the issue. And the judge must incorporate the relevant authorities in the judgment and must justify them and reasons for deviating the same. Any judge avoiding the rulings or not incorporating and justifying the same must be liable, questionable and proceeded against.

The post and positions of the lower judiciary must be safeguarded and protected from invasion and foreign influence. The lower judiciary, as per reports, is often directed by the high ranking judges and they interfere in the fair administration of justice. When their is party known to the high ranking judge or authority in power is facilitated in getting the favourable decision which causes injustice and panic situation and similarly when a judge is financially bribed or charmfully gifted is bent upon to decide in favour of the approaching party.

Fear and favour are two menace in the way of just administration of justice. Judge must be courageous, impartial and above board and must not tilt to approach or incentives.

In Pakistan influence and interference in judiciary by the power holds is an open secret. Many voices have been raised and incidents happening which are not for common good and proper for solidarity and integrity of Pakistan. JUSTICE must be independently administered. As if there is no justice, there is no peace. Justice is the need of society and demand of everyone.

The desire and demand of prosperous Pakistan can only be achieved through independence of judiciary, fair administration of justice and limited jurisdiction of all institutions under the Constitution of Pakistan.

The Author of this Article is a Senior Practicing Lawyer, Visiting Professor (Law) and presently Candidate for Member Islamabad Bar Council.

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