Daily Times

By dismissing a district and sessions judge, Peshawar High Court, once again proved true to a famous saying, “Judges are not final because they are infallible. They are infallible because they are final.” It has been announced loud and clear that no matter which coveted position they may be sitting in, no one stands above the law of the land. A similarly crucial cornerstone of the debate remains the right to due process of law (Article 4) wherein rich and poor, mighty and weak, all citizens of Pakistan are just as equally entitled to the protections offered by the constitution.

That our honourable judges often find themselves fighting fire raging from different corners is known to all. Just one bang of the gavel is bound to create a commotion on one side of the divide. The ensuing ruckus does not hang back before throwing in below-the-belt punches and therefore, a scrupulous reputation stands as a juror’s only valid defence.

The plot thickens considerably when the dreaded corruption gets involved wherein each and every statement recorded inside the courtrooms is up for a sensationalised trial on the television screens. The salvation, therefore, lies in the exercise of self-accountability alone because the higher judiciary can only enjoy the confidence of the masses as long as it is able to conduct itself in an imperious manner. May it be identifying the black sheep within who have fallen prey to the vested interests of those with deep pockets or outlining a clear-cut, transparent line of action, the judiciary itself needs to step out of the shadows to truly honour the incredible sacrifices given by its brethren in the decades gone by.

Custodians of the Constitution appear ever-so-ready for the overwhelming challenge and have shown by their orders in Justice Qazi Fai Isa’s case that the supremacy of law works hand-in-glove with rule of law. Justice Asif Saeed Khosa had once remarked, “The real threats to independence of judiciary are from within – stemming from the personality of the judge himself,” hinting at an excellent foundation of a justice system that millions could take great pride in; irrespective of their standing in the society. *