ISLAMABAD: A judge should exhibit “apposite” judicial character by demonstrating integrity, uprightness, firmness, courtesy, patience, open-mindedness, understanding, compassion and humility, Chief Justice of Pakistan Gulzar Ahmed said on Wednesday.

A judge must have the capacity to analyse facts of a case, the ability to understand new legal concepts as well as socio-economic and political issues, and then apply the law accordingly, the chief justice observed in his address to a full-court reference in honour of Justice Faisal Arab in Courtroom No 1.

The chief justice said a judge should be aware of, and follow, personal and professional ethics and should have the courage to do what the law requires him to do without being influenced by race, creed or gender of the parties concerned.

Justice Gulzar Ahmed quoted the great philosopher Socrates to explain the qualities expected of a good judge — “hear courteously, answer wisely, consider soberly, and decide impartially”.

“These words are as true today as they were more than 2,400 years ago,” the chief justice said.

He praised Justice Arab’s pronouncements for their clarity and lucidity, for exposition of the law with precision and for resolving complex legal controversies with foresight and rationality.

Full court reference in honour of Justice Arab held

“The judgements of Justice Arab are like a work of art, all beautifully crafted and carefully tailored. Even the judgements he delivered in cases where it was difficult to interpret the law, the judge tackled the issues in such a manner that one cannot even visualise the difficulty faced by him.”

The chief justice observed that the bench and the bar were two pillars of the edifice of the justice delivery system. It was necessary for smooth functioning of the system of administration of justice that there existed an amiable and congenial relationship between these two pillars.

With his conduct and demeanour, Justice Arab played a vital role in improving the cordial relationship between the bench and the bar, Chief Justice Ahmed said. “He always gave due respect to the bar and in return, got reverence and adoration.”

The chief justice expressed the hope that relations between the two pillars of the justice system would improve with time.

Justice and civilisation

In his address Justice Arab observed that nothing could be nobler than the act of dispensing justice as justice maintained the equilibrium of a society.

“It was the judiciary which civilised Europe. Take away justice and you take away civilised behaviour from society. How I fared as a judge is not for me to decide,” Justice Arab observed.

“Whatever knowledge one gains is miniscule compared to his boundless ignorance.”

Justice Arab said no individual was larger than the institution to which he belonged and workings of the judicial system were regulated by law and the Constitution.

“It is justly said the hands of a judge are tied by the letter of the law and the Constitution,” he said.

A manifestation of independence of the judiciary is that judges decide cases on the basis of the law, without having any extraneous consideration in mind, Justice Faisal Arab said.

“In a court of law a wronged person should not be a victim and the wrongdoer should not be a beneficiary.”

Attorney General Khalid Jawed Khan said in his speech that today it was hard to appreciate what it was like on the night of Nov 3, 2007 and the days after that dark night which saw the imposition of state of emergency.

“Never before in our history had any constitutional subversion or deviation been reversed,” the AG said, adding that it seemed like a fait accompli. There was little hope left for return of the sacked judges save through an oath affirming the subversion of the Constitution.

Yet there were many men of character who simply refused to entertain the possibility of betrayal of their constitutional oath, the attorney general said. While most of those great judges have retired, some including Justice Faisal Arab still adorn the bench, he added.

“I must immediately add that all other present judges of the Supreme Court were elevated in or after the year 2009, when the constitutional subversion was reversed thanks to the historic lawyers’ movement.”

Published in Dawn, November 5th, 2020