Pakistan underscores the necessity of an autonomous judicial system; emphasis made by Supreme Court Justice Minallah

Supreme Court Justice Athar Minallah has raised concerns about the autonomy of Pakistan's judicial system and the ongoing issue of missing persons cases.

During an event organized by the Defence of Human Rights, Justice Minallah emphasized the government's responsibility for accountability and protecting everyone. He stated that if the state is involved in missing persons cases, the courts cannot do anything, as he had no authority in the matter.

Justice Minallah recalls that students from Balochistan approached the Islamabad High Court (IHC) despite the Supreme Court being available, due to the perceived independence of the IHC's judges. In 2024, five IHC judges wrote a letter to the Supreme Judicial Council (SJC) complaining of alleged interference by members of the executive, including operatives of intelligence agencies, in judicial affairs. However, the specific names of the judges involved are not provided in the available search results.

The judge described cases involving missing persons as "most difficult" and reiterated that no leniency will be shown to any government officer in these cases. He believes the country needs an independent judiciary and judges who are willing to speak the truth.

Justice Minallah remarked that those in the government have not been able to speak the truth for 77 years. Allegations of human rights violations concerning enforced disappearances have been made in Pakistan, which the government and state institutions deny. The judge expresses concern over the violation of fundamental rights in Pakistan, particularly in Balochistan, where girls and women are crying on the streets.

This week, the National Judicial Policy Making Committee (NJPMC) decided that any judge facing external interference in judicial matters must lodge a complaint within 24 hours. Justice Minallah wrote a letter to the chief justice, stressing that the violation of fundamental rights is the biggest issue in the country, but nothing happens after he writes the letter.

Justice Minallah respects parliament and the elected members but notes that both the government and the judges apparently do not want to admit missing persons as an issue. He suggests that speaking the truth could change the situation, but not all are willing to know the truth.

Political parties change completely after coming into the opposition, according to the judge. However, he believes that the country needs a judiciary that remains consistent in its principles and upholds the rule of law.

In his judgment on the missing persons issue, Justice Minallah's remarks resulted in positive reverberations for four years. Despite the challenges, he remains committed to ensuring justice for the victims and their families.