Judicial independence not a quest for dominance: Chief justice
He said there are no historical examples of the judiciary imposing its authority on the state
Chief Justice Syed Refaat Ahmed has dismissed concerns that the demand for institutional independence for the judiciary is an attempt to establish unilateral dominance.
"Such fears are unfounded, and the demand should be viewed in the context of the state's balance of power," he said today (10 August) while speaking as the chief guest at a memorial service for the late senior lawyer and former attorney general AJ Mohammad Ali.
He said there are no historical examples of the judiciary imposing its authority on the state. On the contrary, he argued, there have been times when a "weak and flexible judiciary" compromised with the executive branch, which led to constitutional violations.
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Chief Justice Ahmed stressed that the demand for an independent Supreme Court secretariat is a long-standing one.
He noted that over the past 50 years, the judiciary has consistently lagged behind the executive and legislative branches in terms of dignity and power.
The chief justice added that the ultimate goal is to strengthen the judiciary to a dignified position, not to sever its ties with other state organs.
Citing the UK's Constitutional Reform Act of 2005 as a model, he said it ensures the separation of powers while maintaining mutual relationships and cooperation.
He concluded that true judicial independence is about maintaining a balance of power within the state, not about seeking dominance, and that establishing an independent Supreme Court secretariat is crucial for making the judiciary more transparent, accountable, and effective.
