This is not less than Judicial Activism.βοΈπ¨βπ€ I often refer it to #Jurocracy. The legacy of Iftikhar Choudri and Saqib Nisar should neither be promoted nor be celebrated. The judiciary must work within its constitutional and lawful domain.
https://twitter.com/HasnaatMalik/status/1611645874043592707
This inquisitorial approach by the judiciary is against the very sense of Trichotomy of Powers incorporated in the Constitution of Pakistan.π΅π°
It is not the duty of the court to investigate or to collect the evidence.
It is not the duty of the court to investigate or to collect the evidence.
The collection or production of evidence is the duty of prosecution/parties as the case may be. In case, a court is not satisfied with the investigation, it may order a reinvestigation but must not assume the investigation as his own domain.
Participating in the collection of evidence portrays partisanship on the part of a judge. The conduct of a judge must be beyond any shadow of doubt of partisanship. The court has a duty to adjudicate and decide according to whatever record/evidence has been produced before it.
The refered act of the court is also against the very sense of the "Vigilantibus non dormientibus jura subveniunt". The adversarial system is more homogeneous to that of natural justice.
A Court must be like the "Blind Folded Lady Justice with Scales in its hands that bends towards stronger evidence". βοΈ π¨ββοΈ
The court has to stop exercising megalomania and come out of God Complex.
The court also needs to stop paternalism and taking up the matters which are not brought before it.
The court also needs to stop paternalism and taking up the matters which are not brought before it.
@threadreaderapp unroll please
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