Islamabad: In a searing and unprecedented letter addressed to Chief Justice Yahya Afridi regarding the 27th Constitutional Amendment, Supreme Court Justice Athar Minallah has delivered a powerful indictment of the judiciary’s operational environment, specifically highlighting the pervasive issue of external interference. This letter has brought to the forefront the deep-seated anxieties within Pakistan’s judicial system.
A Judge’s Admission of Guilt and Historical Context
Justice Minallah adopted a bold and unapologetic stance, stating a truth many only whisper: “External interference is no longer a secret; it is an open reality.” He also shared a harsh critique of the Supreme Court’s history, noting that the institution has often sided with the “powerful,” rather than the “public” as it should have.
The Justice referred to historical judicial decisions that he believes remain a burden on the judicial conscience. He labeled the judicial execution of Zulfikar Ali Bhutto as an “unforgivable crime of the judiciary.” He further linked the actions against leaders like Benazir Bhutto, Nawaz Sharif, and Maryam Nawaz to the “same chain of oppression and coercion,” asserting that the treatment meted out to the PTI founder is part of the “continuation of this tyranny.”
The Price of Speaking Truth
Justice Athar Minallah cast a stark light on the culture of fear within the judiciary and the targeting of judges who dare to speak the truth. He stressed: “The judge who speaks the truth becomes a target of revenge.” Conversely, “The judge who refuses to bend faces the weapon of accountability used against them.”
He pointed out that the Islamabad High Court was targeted specifically because it had managed to earn public trust. He described the “letters and confessions of the brave judges” as a profound burden on the Supreme Court’s conscience, lamenting the national tragedy that “we know the truth but confine it to whispers in tea houses.”
Justice Minallah’s letter arrives at a moment of extreme political and judicial volatility, posing a critical challenge to the Chief Justice and raising fundamental questions about the supremacy of the Constitution and the independence of the judiciary in Pakistan.
