A Deeply Contemplative and Introspective Dissent by Honorable Justice Athar Minallah of the Supreme Court:
H. Mr. Justice Athar Minallah in his dissenting note in a case wherein the Peshawar High Court did not value the directions of the Parliamentary Committee for the appointment of judges, has made an attempt to urge the judiciary for self-examination and learn a lesson from the history. The part of his note wherein he talks of the independence of judiciary is a considerate, thought-provoking and deeply contemplative for the judiciary.
He says that judicial independence is not restricted to independence from the executive or any external force but the judges shall also be independent from any pressure from their peers. He says that our history suggests that our judges did not raise the objection of independence of judiciary whenever appointments were made during martial laws on the behest of dictators. There has been no friction on this in our jurisprudence and our judiciary allowed the illegitimate usurpers to usurp power. Our judiciary has validated unconstitutional acts of the dictators and has showed unnecessary magnanimity in this regard for the dictators. The Courts even did not punish those who issued contempt to judges of the LHC for violation of martial laws.
But, when it comes to directions or opinions rendered by public representatives or Parliament, our judges frowns on it and annul them taking the defense of the doctrine of the independence of the judiciary. In the case hand, he validated the directions issued by the parliamentary committee with regard to the appointments of judges and allowed the petition.
His dissent is a call for self-examination, self-accountability and contemplation.c.p._2314_2022_dn