Islamabad – April 11, 2025
The Supreme Court of Pakistan has ruled that judicial observations—whether critical or appreciative—do not carry binding authority and cannot be used as a legal precedent in future proceedings. The ruling was delivered in a written judgment authored by Chief Justice Yahya Afridi, dismissing the Punjab Government’s petition to transfer cases related to the May 9 incidents to another judge.
The Court clarified that remarks made by judges, including those related to state officials, fall under administrative jurisdiction, especially when issued during administrative proceedings. Such observations, even when made by a Chief Justice of a High Court, are not to be treated as legally determinative or precedent-setting in future judicial forums.
The Supreme Court upheld the authority of former Lahore High Court Chief Justice Malik Shahzad, asserting that under Article 203 of the Constitution, a provincial chief justice has the constitutional right and duty to protect subordinate judicial officers from external administrative pressures. The ruling emphasized that the Chief Justice of a High Court serves as the head of the judiciary in their respective province, and is empowered to address complaints related to the judiciary under their purview.
The apex court further addressed the dismissal of a reference filed by the Punjab Government against former Rawalpindi ATC Judge Ijaz Asif, citing lack of evidence. It stated that the allegations of bias against the ATC judge could not be proven, and the Lahore High Court had acted appropriately in dismissing both the reference and the request for case transfer.
In its remarks, the Supreme Court clarified a key principle:
“Praise does not place a judicial officer above accountability, nor does criticism diminish their integrity.”
The verdict firmly establishes that judicial commentary, even from senior judges, should not be used as the basis for legal actions, and only substantive legal reasoning or rulings can influence future proceedings.
