Khyber Pakhtunkhwa/ Pakistan

The Sun of Self-Accountability in the Judiciary: Chief Justice Atiq Shah’s Resolve and Our Responsibility

 by Saleem Shah Hoti

The recent dialogue within the courtroom of the Peshawar High Court is not merely the proceeding of a single case; it is a knock on the door of a new era in Pakistan’s justice system. During the hearing of the public interest litigation "Saleem Shah Hoti vs. Government," the Chief Justice of the Peshawar High Court, Justice Sayyed Muhammad Attique Shah, posed blunt questions to the representatives of the Bar that have shaken every stakeholder of the system to the corResponsibility

 An Enemy of Generations and a National Crime

The Chief Justice’s words—"Corrupt individuals are national criminals and enemies of our future generations"—are a reflection of the bitter truth: when termites infect the chambers of justice, the edifice of the state does not take long to crumble. Justice Atiq Shah’s stance that corrupt elements are eating away at the roots of our institution is no longer be ignored. He made it clear that if we do not uproot these cancers, they will devour the future of our children and the entire judicial framework.

The concept of purity and piety in the judiciary is not new. In Islamic history, the importance of justice is an eternal mandate, as ordained in the Holy Quran:

 "O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives." (Surah An-Nisa: 135)

The Chief Justice's recent stern actions against judges and officials are a testament to this Quranic principle: that the real test lies in the accountability of "one’s own." From the Magna Carta of 1215 to the modern "Bangalore Principles of Judicial Conduct," it has been universally accepted that justice is not a commodity for sale but a sacred trust of the state.

The Five-Member Bench Decision

Justice Sayyed Muhammad Attique Shah’s resolve is not limited to rhetoric. Its strongest proof lies in the historic decision of the five-member larger bench authored by him. This judgment stands as a formidable shield against corruption in investigations and prosecutions, unnecessary delays, and the declining standards of criminal justice.

This decision does more than just reprimand flawed investigations; it lays down regulations to improve the quality of justice that will serve as milestones for systemic reform. It is the foundation of structural change aimed at removing hurdles that prevent the innocent from being protected and the guilty from being punished. Through this ruling, the Chief Justice has proven that he seeks a complete "surgery" of the system rather than mere symbolic gestures.

Concrete Steps and Administrative Reforms

Justice Atiq Shah’s "Zero Tolerance" policy toward corruption is evident in his administrative actions:

 Judicial Accountability Setting a courageous precedent by dismissing seven judges upon proof of corruption and maintaining ongoing inquiries against several others.

  Police Reforms: Disciplining police officers who make life miserable for citizens through flawed investigations and baseless cases.

 Accountability of Lawyers: Keeping a watchful eye on the "black sheep" within the Bar who obstruct judicial processes under the guise of legal practice.

During the hearing, when the Chief Justice called upon former President Fida Gul and General Secretary Zahidullah Zahid to identify corrupt elements, their silence was a moment for deep reflection. The Bar and the Bench are two sides of the same coin. If the Bar shows expediency under the veil of "professional brotherhood" and fails to point out corrupt elements, this process of purification will remain incomplete. The Chief Justice rightly warned that it is the primary responsibility of the Bar to support the judiciary in this Jihad.

The flame of accountability lit by Justice Sayyed Muhammad Attique Shah at the Peshawar High Court is a great beacon of hope for the public. He has launched a decisive war against corruption, and his resolve shines through with full intensity in daily court proceedings.

The ball is now in the court of the Bar Associations, the media, and civil society. If we do not support this courageous leadership today, history will never forgive us. The cleansing of the halls of justice is the only guarantee of an honorable and stable Pakistan.