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Courts must remain open amid Martial Law threats: Justice Athar Minallah

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LAHORE – Senior judge of Supreme Court Justice Athar Minallah shared his views on opening Islamabad High Court (IHC) on night of April 9, 2022, the time when former Prime Minister Imran Khan lost no-trust motion, saying courts should remain open whenever there is a threat of martial law.

He commented on the matter in an address at New York City Bar Association on ‘Independence of Judiciary and Rule of Law in Pakistan,’ and highlighted critical importance of judicial independence.

Justice Minallah emphasized that the apex court should avoid involvement in political matters, referencing the Memogate case and the dismissal of former Prime Minister Yousaf Raza Gilani as key examples. Justice Athar Minallah said Memogate case was not something that Supreme Court should have taken up.

He said it is not job of Supreme Court to remove elected prime minister, and criticised decision to remove Gilani for not writing a letter to Swiss authorities against then-President Asif Zardari.

He mentioned difficulties in appointing judges, noting it took years to finalize appointments due to systemic resistance, even from PM. He highlighted judiciary’s vulnerability to public scrutiny and social media trolling, sharing personal experiences of his children’s pictures and personal data being leaked.

The senior jurist also highlighted Lawyers’ Movement, mentioning detention of former Chief Justice Iftikhar Muhammad Chaudhry in Army House in March 2007 and subsequent petition filed despite objections.

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