LHC calls for suppressing 'baseless allegations'

Justice Bajwa dismisses claims of bias, citing lack of evidence

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LAHORE:

The Lahore High Court (LHC) has strongly condemned the growing trend of unfounded allegations of bias and partiality against judges, emphasising the need to curb such practices to preserve the dignity and honour of the judiciary.

"It has regrettably become a prevalent trend to levy baseless allegations against judges, undermining the image, dignity, and honour of the judiciary in the eyes of the public. Such practices must be firmly suppressed," Justice Ali Zia Bajwa stated during a hearing.

Justice Bajwa was addressing a petition seeking the transfer of a private complaint trial to another court, based on claims that the trial judge was allegedly biased against the applicant.

Dismissing the petition, Justice Bajwa observed that such accusations, if unfounded, could harm public confidence in the judicial system and damage the reputation of judicial officers without cause. Justice Bajwa underscored that the transfer of a case on allegations of bias must meet stringent criteria, grounded in facts rather than conjecture.

He stated, "The guarantee of a fair trial, as enshrined in Article 10-A of The Constitution of Pakistan, is fundamental to the justice system. Allegations of bias must be backed by clear evidence and strong, cogent reasons."

The court clarified that the mere apprehension of bias or prejudice, unless substantiated, is insufficient grounds for transferring a case.

Justice Bajwa emphasised that a judge's impartiality must be challenged based on demonstrable facts, not opinions, and any allegations must show a real likelihood of bias that significantly impacts the judge's ability to deliver justice.

The applicant failed to provide any credible evidence to support claims of prejudice against the trial judge.

"The allegations appear to be much ado about nothing, lacking any credible foundation. Without clear evidence, such claims merely cast unwarranted aspersions on the impartiality of the trial judge."