The judiciary in Pakistan has lost its independence, subjugated to the influence of the military establishment, and functioning as a mere instrument for furthering institutional interests rather than upholding justice. When judges are handpicked not for their integrity or legal acumen but for their allegiance to power, the very essence of an impartial judiciary is eroded.
In such a system, judicial appointments and elevations cease to be a matter of merit and instead become rewards for conformity. The bench is carefully composed of those who will serve predetermined interests, and decisions are rendered not on the basis of legal principles but in deference to authority. This transforms the judiciary from a guardian of fundamental rights into an enforcer of arbitrary will, where verdicts are issued without even the pretense of legal reasoning or reliance on established precedent.
The result is the strangulation of judicial independence. Courts no longer function as forums of justice but as tools for consolidating power. Orders are passed without justification, without adherence to statutory interpretation, and without reference to the wisdom of past rulings. In such circumstances, the rule of law is reduced to mere formality, and the rights of the people become contingent upon the whims of those in control.
A judiciary that operates in this manner does not merely fail in its duty, it becomes an accomplice to injustice. True justice requires not just the appearance of judicial process but the fearless application of law, untainted by external pressures. When that is forsaken, the courts cease to be courts in the truest sense, and the promise of an independent judiciary becomes nothing more than a hollow ideal.
Muhammad Azeem Daniyal
Advocate High Court
LL.M.
