In Pakistan, if there is one institution that is widely regarded with respect and dignity, it is the judicial department. It is not only respected in principle, but this respect is clearly visible in practice.
If you ever visit a court, you will notice a unique environment. Lawyers show utmost respect to the court, and even the most influential or powerful individuals, no matter their background, stand humbly before a judge. Police officers, regardless of their authority outside, maintain discipline and decorum inside the courtroom.
This reflects the sanctity and authority of the judiciary, which has been carefully preserved over time.
Integrity of Judges
One of the key reasons behind this respect is the general perception of judges as individuals of high integrity.
It is extremely rare to hear allegations such as:
- A judge illegally occupying someone’s property
- A landlord filing a case against a judge for unpaid rent
- Family disputes involving financial negligence by a judge
While exceptions may exist, such cases are negligible. This has helped maintain the judiciary’s reputation as one of the most respected institutions in Pakistan.
Why Courts Acquit the Accused
A common public concern is: Why do courts sometimes acquit accused persons?
The answer lies in a fundamental legal principle:
“It is better that a hundred guilty persons go free than that one innocent person be punished.”
Courts only decide cases based on evidence presented before them. If there is no solid or concrete evidence against an accused person, the court is bound to acquit them.
Whose Responsibility Is Evidence?
Many people misunderstand the role of judges.
- Police are responsible for collecting evidence
- Complainants (plaintiffs) must support their claims with proof
- Prosecution must present a complete and strong case
A judge can only decide based on the record and evidence available in the case file. If the evidence is weak or missing, acquittal becomes inevitable.
Judicial Immunity and Good Faith Decisions
Judges are granted legal protection for actions performed in their judicial capacity.
This means:
- A judge cannot be held criminally liable for decisions made in court
- Even if a decision later appears incorrect, it is protected if made in good faith
This protection exists because judges are expected to remain neutral and unbiased, deciding cases strictly on the basis of law and evidence.
Delays in Justice: Who Is Responsible?
Another common complaint is the delay in court cases, especially property disputes that last for years.
However, in many cases, the problem lies with the parties themselves.
For example:
- People give large amounts of money without written agreements
- No receipts, stamps, or legal documentation are prepared
- Transactions are done in cash with no bank record
- Witnesses are later produced without strong credibility
In such situations, courts cannot deliver quick or effective justice because there is no solid evidence to rely on.
Common Mistakes by the Public
Some frequent mistakes include:
- Signing blank papers or putting thumb impressions without understanding
- Failing to document financial transactions legally
- Later denying agreements and filing false claims of fraud
These actions complicate cases and cause unnecessary delays, which are then unfairly blamed on the judiciary.
Final Thoughts
The judiciary in Pakistan remains one of the most respected and vital institutions. Its strength lies in:
- Upholding justice based on evidence
- Maintaining neutrality and integrity
- Protecting innocent individuals from wrongful punishment
However, for the system to function effectively, the public must also act responsibly by ensuring proper documentation and legal compliance in their dealings.
Justice is not only the responsibility of the courts, it is a shared responsibility between the system and the people.