Independence of Judiciary is Essence of Rule of Law, Human Rights

Sindh Human Rights Defenders Network (SHRDN) expresses serious concerns on the issue of harassment of six high court judges of the Islamabad High Court. This is dangerous trend for the independence of judiciary, rule of law and protection of human rights in Pakistan.

SHRDN emphasize the role of Bar Associations, Judiciary, civil society on the strict compliance of basic principles of independence of judiciary in Pakistan. The Judiciary should decide matters before them impartially, on the basis of facts, in accordance with the law without any restrictions, inducement, pressures, threats interferences. Basic responsibility is of the state and its institution which are duty bound to respect and observe the independence of judiciary as it is enshrined in the Constitution and the law of the country.  However, it is also the duty of the judiciary that it should ensure that judicial proceedings are conducted fairly and that the rights of all parties involved should be respected and protected.

In Pakistan, this is not the first time that the judiciary is facing these challenges. Since the independence, Pakistani judiciary seen such interference (political, intelligence agencies etc) which affects its decisions, tarnish its image and ultimately leaves adverse impact on culture of human rights in Pakistan. Faizabad Dharna case, Asghar Khan case and other decisions of the higher courts shows these decisions are not being implemented.

Using this as an opportunity, SHRDN would like to highlight the gaps in recruitment process of the judges, their promotions, security and the term of office, adequate remuneration, conditions for service, pensions and the age of retirement. No doubt Judges should have guaranteed tenure until a mandatory retirement age but they should also not be allowed to take up jobs after retirement. This kind of trend has always been harmful for the independence of judiciary because those judges who think of their post-retirement roles and jobs cannot make independent decisions. 

Formation of Inquiry Committees is very old trend in Pakistan which is not trusted by the people. Secondly, thought of appointment of a retire judge who will inquire into the issue of harassment of six judges of Islamabad High Court.

SHRDN feel very concerned about this issue and demand immediate inquiry into the matter by a sitting judge of the Supreme Court of Pakistan. A recommendation by SHRDN which may not be liked by the Pakistan’s political actors or society is that the International Commission for Jurist, a Geneva based INGO which promotes human rights and rule of Law . This inquiry should not be limited to the incident of six judges of the Islamabad high court but should look such issues, matters of the judges in the past. The case of Former IHC Justice, Justice R Shoukat Aziz should also be included into the terms of references of this inquiry.

No society can make progress without rule of law, and rule of law is not possible without independence of judiciary.

Sindh Human Rights Defenders Network recommend that the Bar Associations of Pakistan should stand in support for the judges facing such challenges, rule of law, democracy, supremacy of parliament and protection of human rights and human rights defenders.  

Sindh Human Rights Defenders Network (SHRDN)