Justice Mandokhail Farewell: Guard Judicial Independence
The Justice Mandokhail farewell reference on Wednesday carried a blunt warning for parliament: it must never undermine judicial independence, or citizens will lose faith in the justice system.
The outgoing Supreme Court judge gave his farewell address at a full-court reference held in his honour. He retired from the apex court this week.
“Compromising or disregarding judicial independence has serious consequences for the state, parliamentarians and society,” Justice Mandokhail said.
He said parliament represented the sovereign will of the people, and only an independent judiciary could protect citizens’ fundamental rights.
Warning of anarchy if faith in courts fails
Justice Mandokhail warned that when courts bowed to political or executive pressure, the law was replaced by the will of the powerful and applied selectively rather than impartially.
He said political dissenters and critics could be targeted in the absence of an independent judiciary, while systematic corruption, human rights abuses and illegal actions by state officials would go unchecked. In such circumstances, citizens might resort to their own means of seeking justice, potentially leading to anarchy, he cautioned.
Safeguarding judicial independence was therefore the collective responsibility of parliament, the judiciary and the executive, he said. Without it, citizens would lose faith in the justice system. The Constitution was both a source of authority and a reminder of its limits, he said, prescribing what parliament, the judiciary and the executive must and must not do.
He said the judiciary’s role was to keep the other organs of the state within their limits. Power was entrusted, not owned, he said, and the law must stay equally open to ordinary citizens and the powerful. The judicial oath demanded impartiality and integrity without fear, favour or external influence.
CJP Afridi pays tribute to Mandokhail
Chief Justice of Pakistan Yahya Afridi paid tribute to Justice Mandokhail at the reference, praising his distinguished career and commitment to the administration of justice.
The chief justice recalled his journey from the Balochistan bar to the Supreme Court, and his work to strengthen the district judiciary as chief justice of the Balochistan High Court.
The chief justice also praised his candid counsel and steadfast support, saying his presence had added to the court’s collegiality and harmony.
Justice Afridi said the bench and the bar were integral to justice, and stressed harmony, mutual respect and constructive engagement.
He reaffirmed his commitment to preserving cordial relations between the two sides. Uniform procedures had been put in place to ensure consistency, fairness and accountability in judicial administration, he said. He also reiterated that no person should be denied legal representation for lack of money, pointing to free legal aid at various levels.
Why the Justice Mandokhail farewell matters
A full-court reference is the Supreme Court’s formal farewell for a retiring judge. The full bench gathers to hear tributes, and the outgoing judge addresses the court for the last time.
Justice Mandokhail retired from the Supreme Court on Tuesday, after a career that took him from practice at the bar in Balochistan to chief justice of the Balochistan High Court and then to the apex court. His farewell message focused on the district judiciary, the tier of courts where most Pakistanis first meet the justice system.
His warning comes as the Supreme Court decides a string of high-profile matters. The court recently disposed of a petition by Imaan Mazari and her husband as infructuous after their conviction, and upheld a death sentence while rejecting patriarchal customs such as Ghag, Swara and Watta Satta. The Lahore High Court, meanwhile, ordered heart medication for a petitioner in a separate case.
His core point was simple: courts must stay free of pressure from any quarter, or the public will stop trusting them. Parliament, he said, holds the first responsibility to keep it that way.
Frequently asked questions
Who is Justice Jamal Khan Mandokhail?
He is an outgoing Supreme Court judge who rose from the bar in Balochistan to chief justice of the Balochistan High Court. He retired on Tuesday.
What did Justice Mandokhail warn about?
He warned that parliament must never undermine judicial independence, or citizens could lose faith in the justice system.
What is a full-court reference?
It is the Supreme Court’s formal farewell ceremony for a retiring judge. The full bench gathers to hear tributes, and the outgoing judge addresses the court for the last time.
What did Chief Justice Yahya Afridi say?
He praised Justice Mandokhail’s career, his district judiciary work in Balochistan and his contribution to the court’s collegiality, and stressed free legal aid and uniform procedures.
Why does judicial independence matter for ordinary citizens?
Justice Mandokhail said only an independent judiciary can protect fundamental rights. Without it, dissenters could be targeted and corruption could go unchecked, while the law would be applied selectively.
