Slated to speak: Star judge in City

Blackburne to speak on modernisation of the judiciary

LAHORE: Pakistan and Lahore are familiar to former high court judge Sir William Anthony Blackburne in town to speak at Afkar-i-Taza.

The event is slated to be organised over the weekend where Blackburne will be shedding light on the modernisation of the judiciary, a process that he opines is underway in the United Kingdom. “Judges are more open to interviews and mixing with the media (now) than they once were in the UK,” he said. Blackburne himself is no stranger to the press having been a part of several high-profile cases.

It’s difficult for him to pick and choose a story to narrate. “I’ve had so many memorable cases,” he says.

One was the case where a prominent newspaper was sued by HRH the Prince of Wales. Careful not to name the newspaper, he says, “It attracted a huge amount of publicity because I think the tabloid was hoping to force the prince into the witness box and cross examine him but that never happened.” A verdict in favour of the prince was delivered in the case.

Another case that stands out for him was one between musicians where he had to decide on a copyright issue. “This is a world famous song written in the 1960s. There are 700 ring tones based on it,” he says, with a twinkle in his eyes. “It generated great publicity not least when I mentioned over the course of the case whether they could leave the music and the instrument behind as I wanted to think about it and play,” The remark, Blackburne said, was distorted by the press.

The retired judge has also been following the development of the judicial system in Pakistan. As chairman of The Pakistan Society and a regular visitor he is aware of the socio-political situation of the country. Despite his vast knowledge and understanding he refrains from passing a judgement on the system and its functions especially with regard to suo motu action.

Judicial activism, he says, “is a very specific power that is rarely exercised (in the UK).” This, Blackburne says, falls largely under the European Convention of Human Rights. “In theory, the British parliament is supreme. It can declare white as black or black as white. In reality, judges do have the power to declare legislation non-compatible with the European Convention of Human Rights,” he says.

One issue he has followed is the fight for the judiciary’s independence in Pakistan. “I think it has flexed its muscles and this probably began with former Supreme Court chief justice Iftikhar Chaudhry and might have come as a shocker to the then government,” the retired judge says. At the same time, he remarks, it’s of “paramount importance that the judiciary stays out of politics and remembers that its role is to (ensure) rule of law.”

Published in The Express Tribune, March 31^st,  2016.