The Lahore High Court (LHC) has strongly condemned the rising trend of baseless allegations of bias and bias against judges, stressing the need to curb such practices to preserve the dignity and honor of the judiciary.
"Unfortunately, it has become a prevailing trend to level unfounded allegations against judges, undermining the image, dignity and honor of the judiciary in the eyes of the public. These practices must be firmly suppressed," Judge Ali Zia Bajwa said during a hearing. Justice Bajwa was addressing a petition seeking transfer of a private complaint trial to another court, based on claims that the trial judge was allegedly biased against the petitioner. Dismissing the petition, Justice Bajwa observed that such allegations, if baseless, could damage public confidence in the judicial system and damage the reputation of judicial officials without cause. Judge Bajwa stressed that the transfer of a case over allegations of bias must meet strict criteria, based on facts and not conjecture. He stated, "The guarantee of a fair trial, enshrined in Article 10-A of the Constitution of Pakistan, is fundamental to the justice system. Allegations of bias must be supported by clear evidence and strong, convincing reasons."
The court clarified that mere suspicion of bias or prejudice, unless substantiated, is not sufficient grounds to transfer a case. Judge Bajwa emphasized that a judge’s impartiality must be questioned based on demonstrable facts, not opinions, and that any allegation must show a real likelihood of bias that significantly affects the judge’s ability to deliver justice. The applicant did not provide any credible evidence to support the allegations of prejudice against the trial judge.
"The accusations appear to be much ado about nothing and lack credible basis. Without clear evidence, such claims simply cast unwarranted doubt on the impartiality of the trial judge."
