Final Blog Post: The Independent Judiciary?

The independence of judiciary is a topic, which is widely discussed since the long march to reinstate Chief Justice Iftikhar Chaudry. The courts themselves have highlighted the importance of the independence of judiciary in a number of judgments and have argued that there could be no enforcement of the fundamental rights without the independence of judiciary.

            In Pakistan the notion of independence of Judiciary is restricted to lack of political interference where as in reality, it is a wider term that includes concepts such as protection of judges in law from threats of both state as well as non-state actors. Hence in Pakistan, the independence of courts seems to be at a risk and this independence is often infringed. Not only this, but the biasness of certain judges is also questioned in the Pakistani courts. This mostly happens in the cases of blasphemy.

            Judges who are involved in the cases of blasphemy have received death threats for not convicting suspects of have been accused of blasphemy. The state has failed to provide protection to these judges and this has infringed the independence of judiciary. In 1997, Justice Arif Iqbal Bhatti, a judge of the Lahore high court was killed within his chambers for acquitting two Christians accused of blasphemy.  Moreover, Justice Pervez Ali Shah had to flee the country after he convicted Mumtaz Qadri, because of the threats he has received.

            The independence and biasness of judiciary, specially is blasphemy cases is also called into question when certain judges while presiding the case tend to act as the wronged party instead of acting as a neutral body. Such behavior of judges directly go against article 10 of the constitution, which states that every citizen of the state has a right to a fair trial. By failing to act as neutral bodies and favoring the prosecution, the judges are biased and assume that the defendant is already guilty.  The failure of the of the judiciary to ensure a fair trial for those who have been accused for blasphemy under the “independent courts”.