Covid-19 and virtual courts on March 30, 2020The global spread of Coronavirus seems to be the most serious crisis of our times. The next few weeks may reshape the collective consciousness of mankind and usher in a transformation–not only in healthcare but also in our justice systems. This crisis has seriously affected courts working worldwide. Different approaches are emerging in the justice […]
Right to a fair trial on January 13, 2020The right to a fair trial is a norm of international human rights law designed to protect the right to life and liberty of the person. There is a perception that the judgement in the Junaid Hafeez case ignores the Supreme Court ruling in the Asia Bibi case and the principles of a fair trial. […]
A sorry state of affairs on December 18, 2019The professions of law and medicine are recognized for service to humanity. However, the ugly episode at the Punjab Institute of Cardiology (PIC) has brought obvious disgrace to both the professions and depicts a sorry state of affairs in the country. If a section of educated lawyers and doctors can take law in their hands […]
Human rights in the digital age on June 28, 2019Our digitally connected world poses serious challenges to human rights. Internet use and mobile connectivity, low-cost and fast computing systems, and rapid advances in artificial intelligence have, on one hand, provided new opportunities; on the other hand, they present unprecedented challenges to protection of core human rights. Modern technologies like Al have a huge potential […]
Accountability in superior judiciary on June 8, 2019Conduct unbecoming a judge of the superior courts should be penalized. Equally, judges of good conduct and reputation must be protected. Given the increased push for accountability in the country, we should perhaps not be surprised by references against judges of the superior courts. The reference against Justice Qazi Faez Isa alleges misconduct. More specifically, […]
Welfare of the minor remains the touchstone in custody cases on April 29, 2019A full-bench of the Supreme Court has recently issued a detailed plan for custody of minor children. While, the plan has been drawn with the agreement of both the parents in the peculiar circumstances of the case, family courts can consider its terms and conditions to derive guiding principles for deciding custody cases. The reconciliatory […]
Judicial Policy Reforms on March 29, 2019The National Judicial Policy Making Committee (NJPMC) – a body of all chief justices charged with bringing judicial reforms in the country – has resolved that applications under section 22-A of the Criminal Procedure Code (CrPC) may not be entertained by courts unless accompanied by a pronouncement from the district SP Complaints. The bar councils […]
Judicial behavior on March 10, 2019The code of conduct for judges attempts to regulate the behavior of judges. However, it fails to provide any guidance as to the regulation of judges’ emotionalbehavior. Judges, like other people, feel a broad range of emotions while hearing cases. They are bound to react to these emotional situations, but they are given almost no […]
Judicial introspection on February 17, 2019The Chief Justice has reached beyond constitutional questions and matters of legal reasoning in his criticism of high courts’ judgments. He challenged the Lahore High Court for misreading basic evidence in the Khadija stabbing case. In the Asia Bibi case, he observed that the courts below failed to address “downright falsehood” in evidence. He questioned […]
Defining fundamental rights on February 9, 2019Pakistan’s constitution contains provisions to fundamental rights. However, during the tenure of our most recent Supreme Court Chief Justices, Iftikhar Muhammad Chaudhry and Mian Saqib Nisar, the Supreme Court (SC) has used its judicial powers to enforce an unusually broad understanding of “fundamental rights” in areas ordinarily seen as the purview of the legislature and, […]