Justice Athar Minallah of the Supreme Court, defending his decision to keep the Islamabad High Court open on the night of April 9, 2022, emphasized that courts should remain accessible whenever there is a threat of martial law. Speaking at the New York City Bar Association on the topic of ‘Independence of Judiciary and Rule of Law in Pakistan,’ Justice Minallah underscored the critical importance of judicial independence and the rule of law in the country.
During his address, Justice Minallah stated that the Supreme Court should refrain from involving itself in political matters, citing the Memogate case and the removal of former Prime Minister Yousaf Raza Gilani as examples. He argued that the Supreme Court should not have taken up the Memogate case and that it is not the Court’s role to remove an elected Prime Minister from office. He criticized the decision to remove Gilani for not writing a letter to Swiss authorities against then-President Asif Zardari, pointing out Zardari’s constitutional immunity.
Justice Minallah also discussed contemporary challenges faced by the judiciary, particularly the difficulties in appointing judges due to systemic resistance, including from the Prime Minister. He highlighted the judiciary’s vulnerability to public scrutiny and social media trolling, sharing personal experiences of his children’s pictures and personal data being leaked online. He stressed that judges should not be afraid of criticism and must remain steadfast in their duties.
Defending his decision to keep the Islamabad High Court open on the night of April 9, 2022, amid rumors of a possible martial law, Justice Minallah explained that there was talk of imposing martial law on a TV channel. He asserted that the courts should remain open whenever there is a threat of martial law and emphasized the constitutional responsibility of the Islamabad High Court to remain open 24 hours.
Justice Minallah recounted the events of that night, explaining that he was informed of the need for the court to remain open as people, including Supreme Court Bar Association President Ahsan Bhoon, wanted to file petitions. Despite receiving a frivolous petition via WhatsApp while he was at home, he highlighted the importance of maintaining judicial vigilance.
Reflecting on his career and personal challenges, Justice Minallah spoke about his father’s extensive service in Balochistan and his own diverse educational background in Peshawar, Gilgit, and North Waziristan. He expressed his passion for the legal profession and shared that he and two friends, who practiced law together, are now judges in the Supreme Court.
Justice Minallah also recounted the disruptive period of October 12, 1999, when former President Gen (retd) Pervez Musharraf overthrew the elected government, dissolved the assembly, and imposed martial law. He recalled that Musharraf attempted to take a second oath from the judges, but five respected and independent judges refused, inspiring him to momentarily cease practicing law.
Highlighting the Lawyers’ Movement, Justice Minallah mentioned the detention of former Chief Justice of Pakistan Iftikhar Muhammad Chaudhry in Army House in March 2007 and the subsequent detention petition filed despite numerous objections. He praised the 18th Amendment as a significant step for Pakistan but criticized the 19th Amendment as contrary to the principles of judicial independence championed by the Lawyers’ Movement.
