Sensitive cases: Judges exclusion against independence of judiciary, says Justice Maqbool

ISLAMABAD: Justice Maqbool Baqir said on Monday that exclusion of certain judges from the hearing of sensitive cases on account of their independent and impartial views had an adverse effect on the impartiality of judges.

Addressing a full Court Reference on the eve of his retirement, he said that this practice also tarnished the public perception about the independence and integrity of the judiciary.

He said, “This practice also tends to affect the morale of judges who are consigned to less significant benches and fosters feelings of estrangement amongst members of the bench.” Justice Maqbool Baqir stressed the need for evolving an objective criterion for appointments and also making proceedings before the Supreme Judicial Council more transparent.

Notwithstanding the merits of such claims, the outgoing judge said that the gravity of this perception cannot be overstated. Resultantly, we must evolve an objective criterion for appointments and also make proceedings before the Supreme Judicial Council more transparent,” he said.

Needless to say, it would be devastating if the tenure of office of a judge is in reality made dependent on the acceptability of his judgments by those wielding power, and the prospects of further elevation of a judge are jeopardized on account of his judgments not being well received by certain quarters,” Justice Baqir said.

He said, “Another vital aspect which, even though it pertains to the internal dynamics of the judiciary, but has a very serious bearing on its independence, impartiality, and integrity is the issue of assignment of cases.”