A strongly worded letter from Supreme Court judge Justice Sardar Ejaz Ishaq Khan to Islamabad High Court Chief Justice Sarfaraz Dogar has stirred a new debate in Pakistan’s higher judiciary over the use of artificial intelligence (AI) in decision-making. Justice Sardar Ejaz Ishaq Khan addressed the letter to Chief Justice Sarfaraz Dogar following a recent full court meeting that discussed the potential integration of AI into the judicial system. Copies of the letter have also been circulated among all Supreme Court judges. Justice Ejaz Ishaq Khan expressed deep concerns about delegating judicial decision-making to artificial intelligence, stating that while AI technology can assist in legal research and case management, it lacks the essential elements of conscience, morality, and independent judgment that define human adjudication. “Robot judges cannot possess conscience,” Says Justice Ijaz In his letter, JusticeEjazwrote that the global debate around AI in the judiciary has two sides — supporters who see it as a tool for efficiency and opponents who warn of its ethical and moral limitations. He aligned himself with the latter, noting that programmable systems cannot form “independent opinions.” He cautioned that “the decisions of robot or computer judges will always remain subject to the programs fed into them from time to time,” warning that such systems would inherently lack human conscience and moral insight. JusticeEjazIshaq Khan revealed that he previously did not share this skepticism. However, his perspective shifted following the recent full court discussion on AI’s role in the judiciary. He now agrees with those opposing AI as a decision-maker in judicial proceedings. He also endorsed the dissenting views expressed by Justice Mohsin Akhtar Kayani and Justice Saman Riffat Imtiaz, who reportedly voiced similar concerns during the meeting.
Justice Ejaz Ishaq Khan Rejects AI-Based Judicial Decisions
