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Published 22 Jul, 2018 08:15am

Judicial activism

AS a British Pakistani lawyer, I have been following the news regarding the Chief Justice of Pakistan with great interest.

Judicial independence is a complex issue. Rt Hon Lord Thomas, Chief Justice of England and Wales until late 2017, made a provoking speech a few years ago. Lord Thomas said: “Judicial independence must not mean judicial isolation”. Independence not isolation. This is a simple yet very important message and CJP Nisar’s critics should take heed.

The judiciary’s role is not to act as some sort of pariah when it comes to the running of a country; rather, the judiciary, in its capacity as one of the three organs of the state should act as part of that collective effort. This must be especially so when that collective effort is waning, arguably something that has been happening in Pakistan throughout its political history.

Lord Thomas went on to say; “The judiciary must explain the centrality of justice and why it matters. That task cannot be left to others. Transparency and openness are crucial to instilling public confidence in the justice system. In so doing, the emphasis has to be on demonstrating the real-life impact, rather than relying on high-level constitutional principles...”

CJP Nisar’s critics need desperately to see the bigger picture. If raising money for a dam, or issues around the quality of hospitals, drinking water or baby milk formula are overshadowed in favour of issues regarding this over simplified concept of judicial independence or anything to do with the CJP himself, then something is desperately wrong. The issues the CJP is bringing to the spotlight are basic and paramount.

Throughout the world we see people in the public eye use their platforms to raise awareness of social issues. Pop stars, sports personalities and movie stars are applauded all the time for doing so. I applaud you Justice Saqib Nisar.

Amber Sana
London, UK

Published in Dawn, July 22nd, 2018

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