24/05/2016
The English word 'Justice' is a translation of the Greek word 'd**e'. The original meaning of 'd**e' was literally ' a way or path; the way in which a certain class or people usually behave, or the normal course of nature, not always a right way. With the passage of time, word 'Justice' assumed a connotation as the right way.
In our society, the word Justice is translated as 'Insaf' which comes from the word 'Nisf' meaning 'half'. Thus 'Insaf' would mean giving 'half' to each of the two parties. As a matter of fact the word nearest to the meaning of 'Justice' can be 'Adl', which means placing every thing at its proper position.
With the judicial system, we inherited a tradition of oath. The oath of a judge never required that he would do justice. The constitutions, so far introduced ho this country, never provided unequivocally and categorically that the job of a judge is to provide justice.
Simple people expect justice from courts though, they are only Courts of law, and not Court of Justice. It is merely a myth that by implementing law, Justice is done. Justice is a creation of the Nature and it cannot be dependant upon man made laws. The judges do not have to do justice, but they have only to pretend that they are doing justice. How long we have to deceive ourselves.
By Justice S. A. Rabbani Former Judge Sindh High Court & Federal Shariat Court. Published in ALL PAKISTAN LEGAL DECISIONS (PLD 2016)
