SC judge defines contours of political trial

Supreme Court judge Syed Mansoor Ali Shah has said judges must uphold their oaths with courage in the face of oppression, for only then can the judiciary truly safeguard democracy and the rights of the people.

"Let the lesson of transitional justice be clear…transitional justice, however, often becomes necessary because, during oppressive rule, some judges fail to uphold their constitutional duty, succumbing to the pressure of illegitimate authority.

"This failure not only enables violations of due process and fair trial rights but also erodes public trust in the judiciary", says Justice Shah in his additional note to the Supreme Court's ruling on a presidential reference in former prime minister Zulfikar Ali Bhutto case.

Justice Shah said the Bhutto case serves as a classic example of a political trial, illustrating how such trials can be manipulated to advance authoritarian designs.

He said judges serving under authoritarian regimes must remember that their true strength lies not in holding office but in steadfastly upholding their independence and principles.

"Justice Dorab Patel exemplified this ideal when he courageously dissented in the Bhutto case, acquitting Mr Bhutto of the charges, and later refused to take the oath under the Provisional Constitutional Order (PCO) promulgated by General Zia, thereby relinquishing his impending eight-year tenure as Chief Justice of Pakistan.

"His actions remind us that losing a position is a small sacrifice compared to compromising one's integrity or leaving behind a legacy of submission or compromise," he noted.

Justice Shah said judges must always bear in mind that a judge's valour is measured by his courage to resist external pressures, by his stand firm against interference and by his attempts to safeguard the independence of the judiciary without fear or favour.

"Delay in confronting authoritarian inroads can prove fatal to the rule of law—such incursions must be resisted and rectified immediately, for the judiciary's role is to defend justice, not enable its erosion.

"I find no more suitable words to close this note than those of Bhutto himself, reflecting both a powerful critique of authoritarianism and a firm belief in the judiciary's essential role as a guardian of democracy."

SC judge noted judiciary is a resilient institution, endowed with the remarkable ability to recover and rise above the shadows of authoritarianism.

This resilience, he said, is not accidental but is deeply rooted in the courage and integrity of those judges who refuse to compromise and have the courage to speak truth to power.

"In the annals of judicial history, there are turning points when the judiciary is bold enough to confront its past mistakes and chart a course for a better future. Today marks one such moment—a testament to the judiciary's unwavering commitment to justice and the rule of law," he added.

Referring to writer Fiona Shen-Bayh, Justice Shah said around the world, authoritarian regimes use political trials to legitimize their seizures of power, delegitimize opponents and consolidate authority.

A political trial is one whose disposition—the determination of guilt or innocence, followed by punishment—depends primarily on the accused's professed attitudes and activities in relation to the ruling regime.

"In such trials, the legal process is not employed to ensure justice or minimize errors but rather to discredit and punish political opponents.

"These trials often rely heavily on statements obtained during investigations from former allies or associates of the accused, who may be coerced or induced to turn against the accused.

"Such evidence, which would usually hold limited weight in a fair trial, becomes a convenient basis for conviction in a political trial, supporting the alleged criminality of the accused.

"Political trials thus serve as a potent and notorious 'judicial tool' for authoritarian regimes, aimed at suppressing political resistance and eliminating opposition. These trials frequently violate due process and fair trial requirements to produce politically desirable outcomes," he added.