Supreme Court of Pakistan has ruled that judicial remarks—whether critical or complimentary—must not be considered binding or final in any future legal forum or proceedings.
The verdict came in a written decision issued by Chief Justice Yahya Afridi, in which the apex court dismissed the Punjab Government's petition seeking the transfer of May 9 incident cases to another judge.
According to the written judgment, observations made by the Chief Justice of the Lahore High Court regarding the conduct of state officials fall within the scope of administrative jurisdiction. However, any such comments, if personal in nature, will not influence future judicial actions.
The Supreme Court upheld the decisions and actions of former Lahore High Court Chief Justice Malik Shahzad, affirming that under Article 203, a provincial chief justice has the constitutional authority to protect judicial officers from administrative interference. It reiterated that the Chief Justice of a High Court is the head of the judiciary in their respective province.
The verdict stated that failing to act on complaints by judicial officers would contradict the constitutional duties of a provincial chief justice. The reference filed against an Anti-Terrorism Court (ATC) judge was dismissed due to insufficient evidence, and so was the request for case transfer.
The court noted that the allegations of bias against the ATC judge could not be substantiated. The administrative judge had rightly dismissed the reference, and the Chief Justice's decision not to proceed with the transfer request was also deemed correct.
The judgment emphasized that praise does not exempt an officer from accountability, and criticism does not tarnish their character. The Punjab Government had previously filed a reference against former Rawalpindi ATC judge Ijaz Asif, which was dismissed by the Lahore High Court. The decision was later challenged in the Supreme Court and has now been rejected.
