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SALEEM AHMED JAN vs DEPUTY COMMISSIONER, ISLAMABAD Judge, role of — 2024 CLC 953 ISLAMABAD

Case information

Citation
2024 CLC 953 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLC
Parties
SALEEM AHMED JAN vs DEPUTY COMMISSIONER, ISLAMABAD Judge, role of

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SALEEM AHMED JAN VS DEPUTY COMMISSIONER, ISLAMABAD Judge, role of---Scope---Judge is a neutral arbiter of law by virtue of his independence from his peers and from other branches of government i.e. the Executive and the Legislature---In exercise of his authority, Judge is bound by the Constitution, relevant statutes, relevant case law under the stare decisis principle and technical rules of interpretation of law---Judge is not free to decide cases as he pleases---While being an interpreter and enforcer of the law, a Judge is also a creation of the law---Judicial power entails power to interpret law in relation to facts of dispute before Court to render a binding decision and comes along with the power to enforce such decision---Authority to interpret law, authority to render binding decisions regarding rights and obligations of citizens and authority to enforce binding decisions are quintessential judicial functions---Function of interpreting law, rendering binding decisions, affecting rights of citizens or imposing penalties on them and powers to enforce such decisions cannot be vested in legislative committees or executive functionaries or usurped by executive authorities claiming to exercise quasi-judicial powers.

Other judgments reported in 2024 CLC

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