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2008 Supreme(J&K) 459

MUZAFFAR HUSSAIN ATTAR
Three Star Enterprises – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Qayoom
Advocate For Respondent: I. Sofi
Advocate For Respondent: Nemo

1. "Cicero" the famous Roman statesman has said, "chief law is public good." In democratic society courts function for the benefit of society, so Judges are accountable to the society. Judges are not per se public servants. They carry out the will of the Legislature subject to constitutional limitations and laws. The role of the Judge is not only to resolve the disputes but the Judges are further charged with the sacred duty of administering justice. Justice has to be administered according to laws. May be in rare and most exceptional cases justice may be tempered with mercy. Judge in the discharge of his sacred duty has to follow the procedure established by law.

"Deuteronumic" code of old testament summarized the personality of Judge as under;

"And charged your Judges at the time, saying, hear the causes between your brethren, and Judge righteously between every man and his brother, and the stranger that is with him. Ye, shall not respect person in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of the man,"(Denternomy, Chapter 1 versus 16-17). The judges who are bestowed with the sacred and onerous duty of administering justice, have






























































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