Judge Muhammad Ali Mazhar. PHOTO: FILE
ISLAMABAD:
In a thoughtful reflection on judicial integrity and the meaning of impartial justice, Supreme Court Justice Muhammad Ali Mazhar observed that where there is a real likelihood of bias, a judge should step aside, not to admit bias, but to protect public confidence in the judiciary.
The observation is part of a 24-page opinion written by Justice Mazhar as part of the presidential reference in the murder case of former Prime Minister Zulfiqar Ali Bhutto.
The opinion revisits the historic verdict through the lens of due process, natural justice, and institutional credibility, while emphasizing that even the appearance of bias can corrode the foundations of justice.
“When there is a real likelihood of bias, the judge should recuse himself, not because he is necessarily biased or incapable of dispensing justice impartially, but because the circumstances might give rise to some concern or fear of bias influencing the outcome of a case in the minds of others,” the opinion states.
In March 2024, a larger nine-member tribunal headed by the then Chief Justice of Pakistan, Qazi Faez Isa, while responding to a presidential petition, ruled unanimously that Zulfiqar Ali Bhutto was not given a fair trial and due process.
Justice Mazhar noted that Bhutto was given the maximum sentence solely on the basis of the testimony of an approver, without any concrete incriminating, corroborative or circumstantial evidence.
“The court’s approach was unique and, even without considering mitigating circumstances, seemed predetermined or biased to impose the maximum sentence in a very questionable case.”
