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Divide and Confrontation Among SC Judges

5 0
02.10.2024

Regrettably, there are no two opinions about the fact that we have become an extremely polarized society. It is a permeating reality in all spheres of national life. Thanks to the policies of self-aggrandizement pursued by our politicians. The intensity of the problem can be gauged from the fact that even the higher judiciary has become infested with the virus of polarization. There is a visible division between the judges who have shown their irresistible propensity to favour a certain political party by going beyond the rampart of the constitution and those who are striving to uphold the sanctity of the constitution in conformity with their oath. It is indeed a very alarming situation that could lead to a constitutional crisis in the country as well as the collapse of the whole edifice of the judicial system.

To judge the prevalent situation and the conduct of the judges, perhaps it would be pertinent to first look at the oath of office by the judges of the Supreme Court and High Courts. The text of the oath reads “I do solemnly swear that I will bear true faith and allegiance to Pakistan. That, as Chief Justice of Pakistan (or a Judge of the Supreme Court of Pakistan or Chief Justice or a Judge of the High Court for the Province or Provinces ) I will discharge my duties, and perform my functions, honestly to the best of my ability and faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law: That I will abide by the code of conduct issued by the Supreme Judicial Council: That I........

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