Judging the Judges

Judicial Immunity in Pakistan

Authors

DOI:

https://doi.org/10.35994/rhr.v6i1.167

Keywords:

Judicial immunity, judicial acts, non-judicial acts, Article 199(5), Pakistan, Supreme Court, High Court

Abstract

This work attempts to analyze what precisely is meant by judicial immunity and why is it necessary to protect judges for judging? Secondly, how did the jurisprudence of judicial immunity evolve in Pakistan? Presenting a thorough analysis of the decisions in recent cases, this article argues that although the juridical position on the question of judicial immunity has gone back and forth, the Supreme Court has finally laid down a judicial doctrine that extends judicial immunity to administrative, executive, consultative, and legislative decisions of judges of the High Court. It has also made clear that High Court is not allowed to issue a writ against administrative, executive or consultative acts of its own or another High Court for the purpose of ensuring harmony in the working of judiciary.  

Published

2021-06-01

How to Cite

Munir, M. (2021). Judging the Judges: Judicial Immunity in Pakistan. Review of Human Rights, 6(1), 119-138. https://doi.org/10.35994/rhr.v6i1.167
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