ISLAMABAD, Nov 04 (APP):A full court reference was held in the honour of Justice Faisal Arab’s retirement at the Supreme Court here on Wednesday.
The reference was addressed by Chief Justice Gulzar Ahmed, Justice Faisal Arab and the President of Supreme Court Bar Association.
The ceremony held here, was being attended by all Supreme Court judges, senior advocates and others.
Addressing the ceremony, the chief justice said “We have assembled here today to bid farewell to Justice Faisal Arab, a distinguished Judge of the Supreme Court of Pakistan, who is laying down the robes of his office on attaining the age of superannuation.
It’s time to acknowledge Justice Faisal’s brilliance in legal field and outstanding contribution to this Court so also to system of administration of justice in the country.
It is a common feature that on the retirement of a Judge, we get together to offer valediction to him, but the presence of such glittering array of distinguished guests has made it a special occasion and it shows the respect you have for Justice Faisal.”
He said “A Judge should exhibit apposite judicial character. Such qualities include integrity, uprightness, firmness, courtesy, patience, open-mindedness, understanding, compassion and humility.
A Judge must have capacity to analyze the facts of the cases, ability to understand new legal concepts and socio-economic and political issues, and apply laws accordingly.
He should be aware of and follow the personal and professional ethics. He should have courage to do what the law requires him to do without being influenced by the race, creed or gender of the parties before it.
The great philosopher ‘Socrates’ described the essential qualities of a good judge, which are: “to hear courteously; to answer wisely; to consider soberly; and to decide impartially.” These words are as true today as they were more than 2,400 years ago.”
“It is often said that a Judge speaks through his judgments. The judicial pronouncements of Justice Faisal are remarkable for their clarity and lucidity, yet for exposition of the law with precision and also meticulousness in resolve of multifaceted and complex legal and factual controversies.
His judgments are like a work of art, all beautifully crafted and carefully tailored. Even the judgments he delivered in the cases where it was difficult to interpret law, he dealt with the issues in such a befitting manner that one could not realize the difficulty being faced by him,” he added.
He said that the Bench and the Bar were the two pillars of the edifice of justice delivery system and it was necessary for the smooth functioning of the system of administration of justice that there exist amiable and congenial relationship between the Bench and the Bar.
“By his conduct and demeanor, Justice Faisal has played a vital role in improving the cordial relationship between the Bench and the Bar.
He always gave due respect to the Bar and in return, got reverence and adoration from the members of the Bar. I hope that in future the relations between the Bench and the Bar will improve further,” he added.
Justice Faisal Arab said on the occasion that his thirty-year stint in the legal profession was equally divided, fifteen years as an advocate (1990-2005) and fifteen as a judge (2005-2020).
“When I look back at the bygone years, it looks quite strange that after graduating in commerce and remaining content with farming with no desire to study any further, yet after a break of eight years since I obtained a degree in commerce, I studied law, became a lawyer, then after fifteen years of legal practice was given the honour, first to serve the judiciary of Sindh as a judge of the High Court and then as its Chief Justice. Finally, in 2015, I was given the opportunity to serve the people of Pakistan as a judge of the Supreme Court which period lasted almost five years.”
“Nothing can be nobler than the act of dispensing justice. Justice maintains the equilibrium of the society. It is said that it was the judiciary which civilized Europe. Take away justice and you take away civilized behavior from the society. How I fared as a judge is not for me to state. I have read somewhere that one should not take himself too seriously as no one has monopoly over wisdom. How true is the metaphor that whatever knowledge one gains is miniscule as compared to his ignorance which is boundless.
So, while deciding a particular case, I never worked with the mindset that I possess unsurpassed wisdom. Not being an erudite jurist, wherever I thought necessary, I took guidance from my senior judges and the judgments that have been delivered in the past. No individual is larger than the institution to which he belongs and the workings of the judicial institution are regulated by law and the Constitution.
It is therefore said that hands of the judges are tied by the letter of the law and the Constitution. One of the manifestations of Independence of judiciary is that judges decide cases on the basis of what the law and the Constitution command them to do, without having any extraneous considerations in mind.
In a court of justice person wronged should not be a victim and the wrongdoer should not be beneficiary,” he added.
