Tag: Chief Justice Athar Minallah

  • ‘Judge who is affected by criticism on social media violates his oath’: Justice Athar Minallah

    ‘Judge who is affected by criticism on social media violates his oath’: Justice Athar Minallah

    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.”

  • PM Shehbaz to leave ‘no stone unturned’ in missing persons case

    PM Shehbaz to leave ‘no stone unturned’ in missing persons case

    Prime Minister (PM) Shehbaz Sharif assured the Islamabad High Court (IHC) on Friday, September 9, that all-out efforts will be made to recover missing persons.

    “I cannot say that all of the missing persons will be recovered, but we will leave no stone unturned,” he assured the court “I will not give any lame excuse,” said the premier to the IHC Chief Justice Athar Minallah.

    Justice Minallah during the last hearing had instructing PM Shehbaz to ensure that missing persons — whose cases were being heard in the court, had to be produced before IHC on September 9 (today) and warned that the failure to do so would require the premier to appear in person on the said date and give an explanation.

    Justice Minallah stressed that the state’s responsibility should be fulfilled, regretting that in cases where missing persons were recovered, no further action was taken.

    Political leadership has to solve this issue

    “The political leadership has to solve this issue,” he said. “The court has no other way but to only ask the executive [about the issue].”

    Justice Minallah also stressed on the fact that no impression must be created that implies that law enforcement agencies were picking up citizens. The CJ reminded Sharif that national security was his responsibility.

    “This impression affects our national security,” he added. Addressing PM Shehbaz, he continued, “This court trusts you. Give [us] a solution for this [issue].”

    He asked who the court should hold responsible for enforced disappearances.

    PM Shehbaz replied that solving the issue was his duty.

    “Court will hold the chief executive responsible,” Athar Minallah warned, stressing that “people going missing is intolerable.”

    He said no entity was above the Constitution in the country, adding that this court would ensure civil supremacy, as well as the supremacy of the Constitution.

    Making people go missing biggest form of torture

    Justice Minallah then termed the practice of “making people go missing the biggest form of torture” and a “deviation from the Constitution”.

    “This court is a constitutional court … This court will look at the Constitution. There is no bigger issue than this,” he further remarked.

    He asked PM Shehbaz what the court should tell a small child approaching it for justice. “He also met the erstwhile prime minister,” Justice Minallah said, apparently making a reference to missing journalist Mudassar Naru’s son meeting former prime minister Imran Khan in December last year.

    PM Shehbaz told the court that a child of a missing person asked him to reunite him with his father. “His sentence is very disturbing for me,” he said.

    Saying that he was answerable to the courts and the people of the country, he added, “I am not here to play blame games.”

    Require two months to resolve the issue

    Law Minister Azam Nazeer Tarar then asked the court if he could speak about a few matters.

    In response, the IHC CJ said that he does not want to hear that the government has formed a committee and is probing the case. “I am telling you, no missing persons case should be filed again in this court,” he told the government in no uncertain terms.

    The law minister said that the government was holding meetings in this regard every week and that it required two months to resolve this issue and not a week.

    The court accepted the law minister’s plea to resolve the case within two months, adjourning the case till November 14.

  • Justice Minallah questions whether Khan will put everything at stake for ‘game of thrones’

    Justice Minallah questions whether Khan will put everything at stake for ‘game of thrones’

    Irked by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s recent remarks about the appointment of a new Chief of Army Staff (COAS), the Chief Justice (CJ) of Islamabad High Court (IHC) Athar Minallah minced no words.

    “Did you hear Imran Khan’s speech from yesterday,” the Chief Justice asked the former prime minister’s lawyer on Monday. “Do political leaders deliver such speeches? Will everything be put at stake just for the sake of “game of thrones’?” The honourable judge asked during the hearing of a petition filed by the PTI against a ban imposed by the Pakistan Electronic Media Regulatory Authority (PEMRA) on the live telecast of the speeches of Khan.

    Khan on Sunday said that the government is buying time to “appoint an army chief of their own choice.” He alleged that Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif and Pakistan People’s Party (PPP) Co-Chairperson Asif Ali Zardari wanted to appoint their favourite as COAS because if a “strong and patriotic army chief” came, they would be questioned about their corruption.

    Read more: ‘Hamari fauj taggri hai’: Shehbaz, Zardari, Shujaat react to Khan’s anti-military remarks

    At today’s hearing, PEMRA’s lawyer informed the court that the regulator issued a show-cause notice to delay the airing of Khan’s live speeches. In response, the IHC CJ asked why the regulator did not ensure that the rule of delaying live speeches was followed.

    The media watchdog’s lawyer said that PEMRA’s orders were not aimed at a particular person.

    The court, addressing PTI’s lawyer, Barrister Ali Zafar, remarked “Let’s not make things difficult as your client also made irresponsible statements.”

    Justice Minallah said that the armed forces personnel were getting martyred “and you [Imran] are bringing their morale down”.

    He also asked the PTI counsel as to why [his party] was harming constitutional institutions. “You will only invite difficulties as a result of your statements,” he observed.

    IHC CJ Minallah said that the armed forces lay their lives for the nation and in case someone is involved in illegal activity, everyone should not be criticised over it.

    “Hold yourself accountable for your actions. You [Khan] want to issue statements as per your wishes and don’t want the regulator to do its job,” the CJ said.

    Meanwhile, the IHC ordered PEMRA to regulate in light of Supreme Court of Pakistan’s verdict and wrapped up Imran Khan’s application.

    On August 29 IHC suspended PEMRA’s recent notification that banned television channels from airing Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s live speeches.

    Read more: IK back on live TV: High Court suspends ban on IK’s speeches

    IHC Chief Justice Athar Minallah suspended the notification till September 5 after hearing the arguments and issued notices to the regulatory authority and Attorney-General of Pakistan Ashtar Ausaf Ali.

  • PML-N’s Hanif Abbasi resigns after court stops him from working

    PML-N’s Hanif Abbasi resigns after court stops him from working

    Pakistan Muslim League-Nawaz’s (PML-N) Hanif Abbasi resigned from his post as Special Assistant to the Prime Minister (SAPM) after Islamabad High Court (IHC) had stopped him “temporarily” from performing his duties.

    In a letter, the former federal minister addressed PM Shehbaz Sharif and said that he would be “unable to perform at present” and requested the premier to accept his resignation while thanking him for the opportunity.

    Read more- PML-N’s Hanif Abbasi has fled country, media reports claim

    IHC stopped Abbasi from working as SAPM

    Last month, IHC Chief Justice (CJ) Athar Minallah stopped Abbasi from working, saying that “a person convicted in any case is ineligible to hold any public office in the country.”

    He issued the directives while hearing a petition filed by former Interior Minister Sheikh Rasheed, who challenged Abbasi’s appointment as SAPM on grounds of his 2018 conviction in an ephedrine case.

    During the hearing, Hanif Abbasi’s counsel Muhammad Ahsan Bhoon argued that the post of SAPM is not similar to other public offices.

    Justice Minallah said he hoped Abbasi would not use public office till the next hearing.

    “The SAPM’s job is to advise the prime minister, he can do that without a notification as well,” he observed.

  • ‘Maybe PTI does not trust the court’: Justice Athar Minallah

     Islamabad High Court (IHC) Chief Justice (CJ) Athar Minallah on Monday questioned former Interior Minister Sheikh Rasheed if he trusted the IHC.

    Justice Minallah said that it seemed as if the Pakistan Tehreek-e-Insaf (PTI) did not have faith in the courts.

    “It is said in rallies that courts are not independent. Political statements are made at rallies questioning why courts opened at night. It is said that the courts open at the behest of someone,” he said.

    IHC Chief Justice Athar Minallah heard the petition of the former interior minister against the appointment of Hanif Abbasi as a Special Assistant to Prime Minister (SAPM), with Sheikh Rasheed appearing before the court on Monday.

    The IHC CJ summoned Rasheed to the rostrum and said, “These courts are for everyone. Perhaps, people don’t believe this.”

    “Important cases of this country are being heard in this court,” he said, further telling Rasheed that the IHC would hear his plea if he had faith in his court. Justice Minallah said important and big cases are pending in the high court, like the cases of missing persons and Baloch students.

    “There are other courts and judges who, too, can hear your cases. But if Imran Khan does not have faith [in this court] … I will refer the case to another court,” he stated.

    “If you have faith in it, then this court would hear your case. Also, ask the PTI chairperson about this,” Justice Minallah said, adding that the courts had been “issuing judgements for the weak”.

    “Your lawyers must have told you that there are rules and the chief justice can take up a case at any time,” CJ IHC told Rasheed.

    Rasheed said that he had appeared before the court because he had faith in it. “I will talk to Imran Khan,” added Rasheed.

    Justice Minallah said, “One should have the respect for the judiciary in their heart.” He then told Rasheed to “decide by tomorrow” whether he had faith in his court.

    At that, Rasheed asserted that he was already decided on the matter.

    “I have been a minister 16 times and that is why I have appeared before the court,” said Rasheed.

    IHC directs PM Shehbaz to review Hanif Abbasi’s appointment as SAPM

    IHC on Monday directed Prime Minister Shehbaz Sharif to review his decision of appointing Hanif Abbasi as his special assistant.

    Rasheed had filed the petition challenging Abbasi’s appointment on May 6. 

  • IHC rejects plea against issuance of diplomatic passport to Nawaz Sharif

    IHC rejects plea against issuance of diplomatic passport to Nawaz Sharif

    The Islamabad High Court (IHC) on Monday dismissed a plea against issuance of a diplomatic passport to PML-N supremo Nawaz Sharif by the incumbent government.

    According to ARY News, the IHC reserved its verdict on the petition earlier in the day and said that it could not decide on the matters without having any evidence of it. The court said that the petitioner could not provide any notification to prove his point.

    The court rejected the plea and also imposed a fine of Rs5,000 against the petitioner. “It is mandatory for an absconding convict to surrender himself to jail authorities,” the court said in its verdict.

    On April 15, a petition was filed in the IHC by Naeem Haider who asked the court to ensure arrest of Nawaz Sharif upon his return to Pakistan. “Nawaz Sharif is an absconding convict and therefore authorities should be barred from issuing diplomatic passport to him,” it said.

    The petitioner while making Nawaz Sharif, secretary interior and foreign affairs’ secretary as respondents in the case asked the Islamabad High Court to take up the matter today and issue arrest warrants for the PML-N supremo.

    The registrar IHC admitted the petition and formed a bench for the hearing to be headed by Chief Justice Athar Minallah.

    Prime Minister Shehbaz Sharif had directed the interior ministry to issue a diplomatic passport to former prime minister Nawaz Sharif.

    However, the diplomatic staff said only Nawaz Sharif can be issued a diplomatic passport, not Ishaq Dar, on which PM Shehbaz Sharif directed to issue a normal Pakistani passport to Dar.