Judges should speak through judgements and orders

This piece discusses two issues: first, right of courts to “make” laws & second to airing of grievances by judges publicly against each other.

Traditionally, judges express their views through their rulings. While they have the right to free speech and may want to engage with current societal issues, it could risk undermining their impartiality. Should judges then hold back from such contributions? When judges’ express opinions on matters while presiding over them, it can affect how their impartiality is perceived, potentially weakening the authority of their judgments.

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“But once a state had passed a statute bearing on a particular problem, it ceased to be the court’s business to engage any further in such “lawmaking” nor was it “for us to assess the wisdom of the policy underlying the law of [a state or Congress].” {Cf. Attorney General Jackson’s speech to the Supreme Court on the occasion of the Court’s 150th Anniversary. 309 U.S. v-vii (1939).}

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Addressing the issue of Justice Mansoor Ali Shah, who wrote a letter to CJ Qazi Faiz Eesa, demanding reinstatement of Justice Muneeb Akhtar in the committee determining upon formation of benches failing which he will not be a part of the said committee. CJ Qazi Faiz Eesa was forced to respond in response to the official missive, and what followed was a virtual charge sheet against Justice Muneeb.

It would have been far more effective for the matter to be resolved internally through dialogue and discussion. Unfortunately, the heated exchanges have only escalated tensions. This situation has reinforced the belief that the judges are divided, unwilling to seek common ground, and, as a result, has diminished both the judiciary’s reputation and public trust in its impartiality. The judiciary has been weakened by this behavior, especially given its initiation by a senior judge.

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The writer is a lawyer, academic and political analyst. She has authored a book titled ‘A Comparative Analysis of Media & Media Laws in Pakistan.’ She can be contacted at: yasmeenali62@gmail.com and tweets at @yasmeen_9

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