Supreme Court Justice Athar Minallah, addressed a seminar on the significance of freedom of expression on Saturday, shedding light on its historical context and impact on Pakistan’s trajectory.
The seminar, a part of the second law bridge workshop on superior court reporting, provided a platform for Justice Minallah to share his insights on the intersection of freedom of expression and judicial independence.
Expressing his concern over the potential influence of social media on judicial decision-making, Justice Minallah asserted the importance of maintaining judicial independence, stating that any judge swayed by social media violates his/her oath and called upon fellow jurists to remain resolute in upholding justice despite external pressures.
Addressing the delicate balance between constructive criticism and trust in the judiciary, Justice Minallah emphasized that critics should retain faith in the legal system, considering it a litmus test for its strength.
He welcomed constructive criticism while underscoring the need to strike a balance in fostering trust in the judiciary.
Reflecting on the challenges of freedom of speech in the country, the Chief Justice traced the roots of censorship to historical actions following Quaid-e-Azam Muhammad Ali Jinnah’s speech on August 11, 1947. He stressed the necessity of balancing freedom of expression with responsible reporting to navigate these challenges.
Sharing a personal anecdote from his early days as a judge, Justice Minallah recounted a case involving a 16-year-old accused of displaying a banner against a senior apex court judge.
He highlighted the importance of judiciously addressing such incidents and cautioned against making blanket judgments without thorough investigations.
“When the matter of the 18th constitutional amendment was raised, many forces were against it. A reporter asked me, what will the Supreme Court do about the 18th Amendment. I replied ‘In my opinion, the SC should not interfere in the constitutional amendment’,” he said.
The apex court judge said he had said he would resign if the 18th amendment was annulled and the next day news was published that “Athar Minallah has threatened the court”.
Citing former Ugandan president and the modern world history’s most brutal dictator, Idi Amin, Justice Minallah said, “A society is ruined, if someone gags freedom of expression like Idi Amin.”
