No Result
View All Result
Wednesday, July 16, 2025
MM News
اردو
  • Home
  • Latest News
  • National
  • Dramas
  • Showbiz
    File photo

    Sidharth Malhotra, Kiara Advani welcome baby girl

    (Image: Instagram/Aliza Sultan)

    Once bitten, twice shy: Aliza Sultan says to think for 100 years before marriage

    Ishtiyak Khan

    What made Salman Khan and Ranbir Kapoor’s co-star run an omelette stall?

    Dua-e-Khadija during Miss Global Pakistan 2025 (Image: Instagram/misspakistanglobal)

    Dua-e-Khadija from Peshawar wins Miss Global Pakistan 2025 crown

    Mohan Raj

    Video: Stunt artist Mohan Raj dies during car stunt for film

    Kahiin to hoga

    Why did Rajeev Khandelwal quit Kahiin To Hoga at the peak of his fame?

  • Thought Box
  • Business
  • Opinions
  • Technology
  • The Other Side
MM News
  • Home
  • Latest News
  • National
  • Dramas
  • Showbiz
    File photo

    Sidharth Malhotra, Kiara Advani welcome baby girl

    (Image: Instagram/Aliza Sultan)

    Once bitten, twice shy: Aliza Sultan says to think for 100 years before marriage

    Ishtiyak Khan

    What made Salman Khan and Ranbir Kapoor’s co-star run an omelette stall?

    Dua-e-Khadija during Miss Global Pakistan 2025 (Image: Instagram/misspakistanglobal)

    Dua-e-Khadija from Peshawar wins Miss Global Pakistan 2025 crown

    Mohan Raj

    Video: Stunt artist Mohan Raj dies during car stunt for film

    Kahiin to hoga

    Why did Rajeev Khandelwal quit Kahiin To Hoga at the peak of his fame?

  • Thought Box
  • Business
  • Opinions
  • Technology
  • The Other Side
No Result
View All Result
No Result
View All Result
MM News
اردو
  • Latest
  • Showbiz
  • Thought Box
  • Business & Stock
  • Opinions
  • Technology
  • The Other Side-Pakistan
Home Opinion & Editorial Opinion

Independent judiciary

Ali Abbas by Ali Abbas
November 22, 2021

Last week, Pakistan was ranked 130th among the 139 assessed countries globally in “adherence to rule of law”, evaluated by the World Justice Project. Even in South Asia, Pakistan’s position is second last. Nepal, Sri Lanka, India, Bangladesh all have performed better than Pakistan in the rule of law category.

Recently, veteran lawyer and former president of the Supreme Court Bar Association, Ali Ahmad Kurd directed a barrage of criticism towards the judiciary. Kurd said that there was a “clear and observable division” within the judiciary, accusing the courts of taking dictation from institutions.

All the rights granted to the citizens under the constitution are worth nothing if they are not guaranteed by an independent judiciary. An independent judiciary forms the core of any justice system, so our constitution also provides that the independence of the judiciary shall be fully secured.

A truly independent judiciary has three major characteristics. First, it is impartial, i.e., judicial decisions are not influenced by a judge’s personal interest in the outcome of the case. Second, judicial decisions, once rendered, are respected, specifically by the executive. And third, the judiciary is free from interference.

The World Justice Project has assessed rule of law by dividing it into four fundamental components — accountability, just law, open government and accessible and impartial justice. The majority of these factors strengthening adherence to rule of law are directly or indirectly associated with the performance of the judiciary.

Adherence to rule of law can only be achieved when there is complete judicial independence so that people can take their disputes to court and have them resolved according to law. But, unfortunately, Pakistan is lacking an independent judiciary – which is a reality.

The UN Human Rights Office of the High Commissioner (OHCHR) has pointed out some standards for the independence of judiciary which have been internationally accepted. Firstly, the criterion for independence of judiciary is the ‘Principle of Natural Judge’.

The principle of the ‘natural judge’ constitutes a fundamental guarantee of the right to a fair trial. This principle means that no one can be tried other than by an ordinary, pre-established, competent tribunal or judge. As a corollary of this principle, emergency, ad hoc, ‘extraordinary’, ex post facto and special courts are forbidden.

Pakistan seems to have failed to attain the aforesaid UN principle. In theory, the 1973 Constitution of Pakistan is inconsistent with the principle as Article 182 is related to the appointment of ad hoc judges. In practice, Pakistan has constituted military courts as a result of the 23rd Amendment to 1973 Constitution. Such courts have taken away the basic right of fair trial.

Another principle for independence of judiciary in this regard is the principle of impartiality. Impartiality means the absence of bias, animosity or sympathy towards either of the parties. The judiciary in Pakistan once again failed to satisfy the aforementioned approach. The influence of personal opinions of a judge over a case is a common issue amongst the Pakistani judiciary.

The judiciary can achieve public trust and confidence by improving its performance delivery, impartiality and by avoiding internal and external interferences in the judicial process. Once the judiciary becomes free, it might in true judicial independence and improved observance of rule of law.

 

ShareTweetSendShare
Previous Post

Indian atrocities

Next Post

Is ex-CJP Saqib Nisar’s alleged audio clip real or fake?

Related Stories

Opinion

From Sects to Sunnah

July 15, 2025
Opinion

Portugal and Pakistan: Building a Bilateral Bridge in a Fractured World

June 29, 2025
Opinion

A Peace Prize for Betrayals: Rethinking Pakistan’s Strategic Alliances

June 28, 2025
Opinion

“Run Lola Run” – More than a movie to cultural bridging

June 27, 2025
Opinion

Ceasefire or a Smokescreen? The US-Iran Next Dialogue of Disillusions

June 26, 2025
Opinion

Israel-Iran War and Supply Chain of World Economy

June 25, 2025
Opinion

Unleashed Modern-day Holocaust and the Global Collapse

June 23, 2025
Opinion

Firestorm in the Middle East: Global Stakes on Exploding Frontlines

June 19, 2025
Opinion

A Celebration of Shared Struggle and Future Aspirations

June 17, 2025
Opinion

A Strategic Leap, Not Just A Flight

June 16, 2025
Next Post

Is ex-CJP Saqib Nisar’s alleged audio clip real or fake?

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Trending Stories

File photo
Trending

Sidharth Malhotra, Kiara Advani yet to announce name of their baby girl

by MM News Staff
July 16, 2025
File photo
Film & TV

Sidharth Malhotra, Kiara Advani welcome baby girl

by MM News Staff
July 15, 2025
Film & TV

How to watch the new Harry Potter series online?

by MM News Staff
July 15, 2025
Oliver Haarmann and Reese Witherspoon in New York City on Sept. 4, 2024.
Credit : TheImageDirect.com
Trending

Who is Reese Witherspoon’s love Oliver Haarmann?

by MM News Staff
July 15, 2025
File photo
Thought Box

Who was Fauja Singh?

by MM News Staff
July 15, 2025

Opinion

nadeem moulvi
From Sects to Sunnah
July 15, 2025
- Nadeem Moulvi
Munir-Ahmed
Portugal and Pakistan: Building a Bilateral Bridge in a Fractured World
June 29, 2025
- Munir Ahmed
munir ahmed oped
A Peace Prize for Betrayals: Rethinking Pakistan’s Strategic Alliances
June 28, 2025
- Munir Ahmed
No posts found
See all

Weather Updates

Rain
Top News

Early morning rain brings pleasant weather to Lahore

by MM News Staff
July 15, 2025

Early morning heavy rainfall in various areas of Lahore made the weather pleasant, but...

Image: Online

Parts of Punjab including Lahore receive heavy monsoon rains

July 14, 2025
File photo

PMD forecasts date for next monsoon spell in Karachi

July 12, 2025
file photo

Flood warning issued as heavy rain expected in parts of Pakistan from July 13-17

July 11, 2025
See all

Prices

Petroleum Price in Pakistan
Business & Stock

How much will petrol and diesel prices increase starting today?

by MM News Staff
July 15, 2025

There is a possibility of an increase in petroleum product prices for the next...

Foreign Currency

Foreign currency exchange rates in Pakistan, 15 July 2025

July 15, 2025
(Representational Image)

Govt to replace net metering with gross metering, slash buyback rate

July 14, 2025
representative image

Latest gold prices in Pakistan today- 14 July 2025

July 14, 2025
See all

Transport News

Korangi Causeway Road (File Photo)
Top News

Korangi Causeway road will be closed upon completion of Malir Expressway: CM Sindh

by MM News Staff
July 14, 2025

Sindh Chief Minister Syed Murad Ali Shah has announced that Korangi Causeway Road will...

Goods transporters join traders, announce nationwide wheel-jam strike on July 19

July 14, 2025
File photo

Pakistan Railways to launch business train between Karachi and Lahore

July 14, 2025
representative image

How to buy a motorcycle under Punjab’s interest-free installment scheme

July 14, 2025
See all

MM Digital (Pvt.) Ltd.

MM News is a subsidiary of the MM Group of Companies. It was established in 2019 with the aim of providing people of Pakistan access to unbiased information. Contact Details: 03200201537

Quick Links

  • Home
  • Advertise
  • MM News Urdu
  • The Other Side-Pakistan
  • Contact Us
  • Privacy Policy

Top Pages

  • Latest News
  • Showbiz
  • OP-ED
  • Technology
No Result
View All Result
  • Latest News
  • Showbiz
  • Thought Box
  • Business
  • Opinions
  • Technology

© Copyright 2024 MMNews - All Rights Reserved.