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" LET YOUR OWN DISCRETION BE YOUR TUTOR LET YOUR OWN DISCRETION BE YOUR TUTOR   By   Ch. Mahmood Ahmad, Advocate, Lahore High Court, Jhelum   Discretion in common parlance means prudence, freedom to act according to one's own judgment, to do what seems right or best. It may also mean freedom or authority to make judgments and to act as one sees fit, freedom to decide for oneself what should be done. (Oxford Advanced Learners Dictionary of Current English; Collin's Concise Dictionary Plus).   In legal jargon, it has, inter alia, somewhat following connotation:   "Discretio est scire (or Discerneri) per legem quid sit just um". Discretion is to know through the law what is just. Discretion, when applied to a Court of Justice, means sound discretion guided by law. It must be governed by; rules, not by humour; it must not be arbitrary, vague and fanciful, but legal and regular. (Per Lord Mansfield, R. v. Wilkes 2 Buff. 25).   When an Act directs the Judge or Magistrate to proceed in the exercise of his discretion it does not mean that he is to act according to his sweet will and pleasure, or caprice or mere fancy or private opinion, but according to the rules of reason and law and justice. (Rookes Case 5 Rep. 99).   A loose and unfettered discretion is likely to be the refuge of vagueness in decision, and the harbour of half formed thought. (Per Lord Penzance, Morgan v. Morgan, L.R.I. P & D 644).   Matters which come before a Court of Justice are generally of three classes:‑‑   (1) Matters are question of law‑‑‑that is to say, all that are determined by authoritative legal principles.   (2) Matters and questions of judicial discretion‑‑‑that is to say all matters…