Independence of Judiciary

  1. Independence of Judiciary — Constitution Act, 1974 — Ss. 3 & 31 — according to verse No.134 of Surah Al Nisa it has been clearly commanded by the Allah Almighty that the basic spirit of administration of Justice is application of independent mind — same like according to sunnah of Holy Prophet (P.B.U.H) and traditions  set by the Khulfa-e-Rashideen, in Islam, without independence, there is no concept of judiciary — Scheme of Sections 3,  31(5) of the Constitution Act speaks of the independent judiciary. Bashir Ahmed Mughal v. Azad Govt. & 6 others 2014 SCR 1258  (D)
  2. The phraseology used in oath of a Judge clearly indicates the  scheme and spirit of constitution which speaks of independence of judiciary by using the expressed words “ without fear or favour”  “affection or ill will”, whereas no such words are visible in the oath proforma of other public office holders like the President, Prime Minister, Minister, speaker, Members of legislative Assembly and Advisor etc. because all these offices are not independent rather they are responsible to the legislative Assembly — Islam is the State religion of AJK — According to constitutional provisions and command of Almighty Allah, independence of judiciary is most sacred and important requirement of the State — there is no concept of judiciary without independence. Bashir Ahmed Mughal v. Azad Govt. & 6 others 2014 SCR 1258 (E)
  3. Opinion expressed in Genuine Right Commission’s case (1999 SCR 1) disagreed. Independent judiciary — the judiciary is responsible to keep the scale of justice even — without independent judiciary there can be no concept of equal treatment of law or equal protection of law—If the very basic foundation of the protection of fundamental rights is lost then there will be no hurdle in taking away or abridging all the constitutionally guaranteed fundamental rights.  Bashir Ahmed Mughal v. Azad Govt. & 6 others 2014 SCR 1258 (M)
  4. In constitutional States — there is no concept of law which offends the concept of independence of judiciary.  Bashir Ah. Mughal v. Azad Govt.  2014 SCR 1258 (Z) PLD 1997 SC 426  rel.
  5. Any law which is against the independence of judiciary whether regarding exercise of its jurisdiction or powers for administration of justice or the mode of appointment amounts to take away and abridge the constitutionally guaranteed fundamental rights such law if existing at the time of enforcement of the Constitution Act, to this extent is declared void and for future even before promulgation or enforcement has also been declared void. Bashir Ahmed Mughal v. Azad Govt. & 6 others 2014 SCR 1258 (NN)
  6. Chairman and members of the Service Tribunal — appointment, terms and conditions of — if left upon the discretion of executive — concept of independence of judiciary may adversely effected — although in this case, the matter of terms and conditions  of service of Chairman Service Tribunal  is confined with reference to the retirement of the respondent but broadly speaking the terms and conditions of the office of Chairman Service Tribunal have deep nexus with the concept of independence of judiciary. So far as the enforced statutory provisions to the extent that the discretionary power for determination of terms and condition of service Chairman Service Tribunal have been taken out from the hands of President, in our opinion is a legislative step to advance the cause of independence of judiciary because such matter if left upon the discretion of executive or President, it may adversely affect the concept of independence of judiciary. But we have concerns with this matter from another angle i.e., the mode of appointment of Chairman Service Tribunal. In this regard no further deliberation is required. AJ&K Govt. & 2  others v. Syed Khalid Hussain Gillani 2016 SCR 228 (O) PLD 2013 SC 501& 2014 SCR 1258 rel.
  7. Service Tribunal — a judicial institution — manner of appointment ensuring independence of judiciary —Thus, it is almost settled according to the principle of law enunciated by the apex Court of Pakistan and this Court that the institution of Service Tribunal is a judicial one which requires the manner of appointment ensuring the independence of judiciary. AJ&K Govt. & 2  others v. Syed Khalid Hussain Gillani 2016 SCR 228 (P)
  8. —- importance of concept of — judge to be free — to decide the matters honestly and impartially — in accordance with law, without any concern or fear or interference, control, or improper influence form anyone — Judicial independence is important because it guarantee — Judicial independence is important because it guarantees that the judges are free to decide the matters honestly and impartially, in accordance with law and the evidence, without any concern or fear of interference, control , or improper influence from anyone. AJK Council & others v. Raja Gul Muhammad & 6 others 2017 SCR 1427 (B)
  9. —contempt of Court—common duty of all Courts to maintain intra-institutional harmony, which is fundamental to curb any attempt to undermine dignity, repute and independence of judiciary— The Court observed and desired that it is the common duty of all the Courts and Judges to maintain the dignity, repute and independence of judiciary, specially, intra-institutional harmony and no blackmailer, exploiter or law offender should be allowed to play with the dignity, respect, harmony and independence of the Judiciary and the Judges. Robkar-e-Adalat v. Liaqat Ali Mir 2020 SCR 676 (F)
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