In a case concerning the appointment of additional judges from the Peshawar High Court, Justice Athar Minallah of the Supreme Court of Pakistan has issued a dissenting note, highlighting concerns related to transparency, accountability, and the proper utilization of constitutional principles in the judicial appointment process.
Justice Minallah’s dissenting note emphasized that transparency and accountability are foundational principles in the decision-making process within the judiciary. He argued that arbitrary decisions and misuse of discretionary powers undermine the independence of the judiciary. Furthermore, he expressed reservations regarding the irregular use of nominations based on the merit of candidates.
Justice Athar Minallah pointed out that despite the presence of the constitution, the Supreme Court has repeatedly endorsed actions that could be interpreted as undermining its principles. He remarked that allowing authorities to repeatedly interfere with constitutional processes was unacceptable.
He argued that democratic governments could not function effectively without the cooperation of the judiciary. Hence, it is crucial that the judiciary operates independently and upholds the principles of justice and fairness. Justice Minallah’s dissenting note serves as a reminder of the importance of adhering to constitutional principles and maintaining the integrity of the judicial appointment process.
The case regarding the appointment of additional judges has raised questions about the adherence to constitutional principles and transparency within the judicial system. Justice Athar Minallah’s dissenting opinion underscores the need for rigorous scrutiny of such appointments to ensure that the judiciary remains independent and impartial. It also calls for a more transparent and accountable judicial appointment process to uphold the principles of justice and fairness in Pakistan’s legal system.