Lack of freedom of speech drove country's bifurcation, says Justice Athar Minallah
Pakistan
Says adhering to constitution only way to make Pakistan a great nation
ISLAMABAD (Dunya News) – Supreme Court Justice Athar Minallah on Saturday stressed the need for learning from the history and noted that Pakistan wouldn’t have been divided and political leaders, if the freedom of speech was acknowledged.
The only solution was to implement the Constitution, said the judge who added that Pakistan could develop into a great nation by following the Constitution.
Addressing a seminar, he said half of Pakistan’s history had been covered by dictatorship where freedom of speech was impossible to exercise.
Pakistan’s top court judge listed the freedom of expression as the most ingredient of society, which, he added, should never be suppressed. “States cannot control freedom of speech,” he declared.
Justice Minallah said a totally different image was presented to the people in West Pakistan in 1971. “During the 75 years, every knew what the truth is, but it was stifled,” he remarked and regretted that the point Pakistan as nation has reached by doing so.
At the same time, the Supreme Court judge also touched the issue of provincial autonomy, saying many forces were against the 18th Amendment – the changes introduced in the Constitution to restore its soul and transfer powers to the federating units while also making the office of prime minister strong.
The Supreme Court judge praised the role played by journalists for promoting freedom of expression and said he had learned a lot from the court reporters.
A JUDGE SHOULD BE INDEPENDENT
Describing the desired traits, Justice Minallah said he should be independent and should not be influenced by criticism. “A judge influenced by criticism would violate his oath,” he noted. “Judiciary should neither panic nor afraid of [censure].”
He also said that social media should not affect the judges and added. “Being a judge, we are a public property. The truth reveals itself with the passage of time.
Justice Minallah also called for retrospection. “We should ask ourselves, where we are moving to. We want judgments according to out liking, we want a debate according to out liking.”
According to Justice Minallah, the judiciary faces two forms of criticism. The first where it is accused of giving intentional verdicts and the second in which providing relief to a party is detested. “Everyone should criticise, but also trust the judiciary.”
