Abstract
Judicial immunity, available to superior judiciary in Pakistan constitutionally,
has been more than often abused in Islamic Republic of Pakistan by the
Superior Judiciary through rendering decisions which are beyond the mandate
of constitution and law. The aim of this paper is to critically examine the
judicial immunities available to superior judiciary constitutionally in Pakistan
and to also highlight their justification as to whether they are really
necessitated. The methodology employed for researching the topic in hand
was mainly case law analysis and historical research. It is averred in this article
that judicial immunities available to superior judiciary in Pakistan needs
revision for better administration of justice and to satisfy the Islamic edicts.
This article has wide implications for the judicial system and people of
Pakistan. The results strength mandate constitutional amendments for bringing
real freedom to people and ensuring better judicial verdicts guaranteeing
fundamental rights as envisaged by the constitutional framers. Such a study has
not been undertaken in Pakistan before, that better accountability of superior
judiciary and by limiting judicial immunity, the judiciary can perform its
mandate more diligently
Usman Quddus. (2018) Judicial Immunity or Judicial Impunity: Judicial Immunity of Superior Courts Judges in Pakistan with Special Reference to Islamic Law, Hazara Islamicus, Volume 7, Issue 1.
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