To avoid mistakes or fix errors, the system needs to be multilayered.
ISLAMABAD: This is with reference to the article by Feisal H Naqvi, “The Uncertainty Principle and Judicial Intervention” (October 10). In any society, dispensation of across the board justice can only be done through a system as indicated in the article. To avoid mistakes or fix errors, the system needs to be multilayered. The culmination or high point in this entire system is the judgment of a judge. It means that a judge should be completely unbiased and his only task should be to give a judgment based on the evidence placed before the court. He should not, therefore, assume any other responsibility or be given any responsibility other than interpreting evidence and giving judgment.
For this to happen, a judge has to adopt a most passive approach. Taking suo-motu notices or issuing directions to investigators or trying to assume the duty to provide justice to deprived people or clear society of evils such as corruption, etc. will make that court a party in the case and will over a period of time destroy the entire judicial system. If that court happens to be the apex Court, the demise will be much earlier. It is the responsibility of society, expressed through the government of the day, to provide justice to the people by making and implementing laws, and not of the judges of any court.
Muneer Mahmud
Published in The Express Tribune, October 11th, 2013.
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