Judge Muhammad Ali Mazhar. PHOTO: FILE
ISLAMABAD:
In a powerful reflection on judicial integrity and the importance of impartial justice, Supreme Court Justice Muhammad Ali Mazhar has observed that where there is a real likelihood of bias, a judge must step aside, not as an admission of prejudice, but to protect public confidence in the judicial system.
The observation is part of a 24-page opinion written by Justice Mazhar in the President’s Reference on the assassination case of former Prime Minister Zulfiqar Ali Bhutto.
The opinion reviews the historic judgment through the lens of due process, natural justice, and institutional credibility, while emphasizing that even apparent bias can erode the foundations of justice.
“When there is a real likelihood of bias, the judge should recuse himself, not because they are necessarily biased or unable to impartially administer justice, but because the circumstances may breed some restlessness or fear of bias affecting the outcome of a case in the minds of others,” the opinion said.
In March 2024, a nine-member larger bench headed by the then Chief Justice of Pakistan Qazi Faez Isa, while answering a presidential reference, unanimously held that Zulfiqar Ali Bhutto did not receive a fair trial or fair trial.
Judge Mazhar noted that Bhutto was awarded the maximum sentence based solely on the testimony of an approver, without any specific incriminating or corroborating or circumstantial evidence.
“The bench’s approach was unique and even without considering any mitigating circumstances, it appeared pre-determined or prejudicial to impose the maximum sentence in a highly questionable case.”
