Judge should not be influenced by race, creed or gender: CJP

ISLAMABAD: A full court reference was held on Wednesday in the Supreme Court on the eve of the retirement of Justice Faisal Arab.

All the judges of the apex court attended the reference and paid tribute to the outgoing judge.

The full court reference was addressed by Chief Justice Gulzar Ahmed, Justice Faisal Arab, Attorney General for Pakistan Khalid Javed, Supreme Court Bar Association (SCBA) outgoing President Syed Qalbe Hassan and Azam Nazir Tararh, chairman of Executive Committee of the Pakistan Bar Council (PBC).

Chief Justice Gulzar Ahmed said Justice Faisal Arab possessed all qualities and traits. He always heard the counsel with patience and open-mindedness. The CJP said it is often said that a judge speaks through his judgments, adding that the judicial pronouncements of Justice Faisal Arab are remarkable for their clarity and lucidity. In the case of Khwaja Muhammad Asif verses Muhammad Usman Dar and others, after examining the scope of Article 62(1) (f) of the Constitution, Justice Faisal Arab ruled that in absence of dishonesty or an element of bad intention with regard to undeclared asset, Article 62(1) (f) of the Constitution cannot be invoked to disqualify an elected member for life. The CJP congratulated Justice Faisal Arab on successful completion of his tenure and wished him a healthy and prosperous future life.

"It is a common feature that on the retirement of a judge, we get together to offer valediction to him, but the presence of such glittering array of distinguished guests has made it a special occasion and it shows the respect you have for Justice Faisal, Chief Justice Gulzar Ahmed said.

He said, "A judge should exhibit apposite judicial character. Such qualities include integrity, uprightness, firmness, courtesy, patience, open-mindedness, understanding, compassion and humility. A judge must have capacity to analyse the facts of the cases, ability to understand new legal concepts and socio-economic and political issues, and apply laws accordingly.

He should be aware of and follow the personal and professional ethics. He should have courage to do what the law requires him to do without being influenced by the race, creed or gender of the parties before it.

"The great philosopher Socrates described the essential qualities of a good judge, which are: to hear courteously; to answer wisely; to consider soberly; and to decide impartially," he said.

"These words are as true today as they were more than 2,400 years ago. It is often said that a judge speaks through his judgments,” he said. Justice Faisal Arab said that in the last five years, he sat on different benches with senior judges, particularly with former Chief Justice Mian Saqib Nisar, Chief Justice Gulzar Ahmed, Justice Mushir Alam and Justice Umer Ata Bandial. “They always encouraged me and appreciated my work and I thank them for their kindness and surely I will miss the funny anecdotes of Justice Mushir Alam.” The outgoing judge said he would also miss his lunches and evening walks with his batch mate, Justice Sajjad Ali Shah, which they had together in the past 15 years. He thanked all judges senior to him and those who were elevated to the apex court after him for their warmth for him in all these years. Earlier, AGP Khalid Javed said Justice Faisal Arab had many shining moments in his illustrious career, his finest hour came in November 2007 when the Constitution yet again came under assault through Provisional Constitutional Order (PCO), saying that many people fell prey to temptation preferring career and convenience to principle and supremacy of the Constitution. He said there were many judges who refused to accept this unconstitutional act and were prepared to sacrifice worldly comforts for the rule of law.

The AGP said an act of poetic justice came in the life of Justice Faisal Arab when the person responsible for constitutional subversion stood accused before a Special Court headed by none other than Justice Faisal Arab.