• Justice Minallah asks apex court registrar to place his letter on record
• Says vilification campaigns associated with nature of judges’ duty in polarised society

ISLAMABAD: In a letter sent to the Supreme Court registrar to dispel the impression that contempt proceedings against Senator Faisal Vawda and MNA Mustafa Kamal were initiated on his complaint, Justice Athar Minallah stated unequivocally that neither any complaint was filed by him nor was he in any manner consulted in this regard.

“My view regarding contempt proceedings is manifest from the jurisprudence laid down while I was serving in the High Court,” Justice Minallah said in the letter. He added that he had confronted the challenges of malicious campaigns, intrusions in his privacy, fake allegations, and imputation of motives on account of his verdicts since 2017.

He said that as a judge he had realised that such vilification campaigns were associated with the nature of performing their constitutional duty in a polarised society having a fragile rule of law.

“It affirmed and strengthened my allegiance and commitment to every word of the oath of my office. Fake, false, and misguided propaganda and vilification campaigns are short-lived because truth ultimately prevails,” he said.

According to him, as a judge, he has never responded to nor has he been influenced by such vilification campaigns, regardless of their harshness or falsity. The letter said that the judicial branch of the state had a pivotal role in society.

“A judge is not immune from being criticised. The judiciary, because of the nature of functions assigned to it under the Constitution and the lofty position it enjoys in society, is open to criticism,” he said.

“The independence of a judge is not affected in any manner because of public criticism. But unthoughtful criticism, using strong and intemperate language or utterances that are defamatory in nature, ought to be avoided. An independent judge, despite the harshness or tone of the criticism, cannot be provoked to react in such a manner that results in his or her becoming the subject matter of a criminal case because of the profound consequences in the context of due process and fair trial.”

Magnanimity, empathy, and compassion, even otherwise, were the essential attributes of an impartial and independent judge, he asserted.

“Fake, false, malicious, and misguided propaganda, cyberbullying or cyberstalking, targeting the judiciary and its members on social media platforms has become a common phenomenon. The privacy of judges is not protected, and messages, photos, and videos relating to their personal lives or family matters are also uploaded in flagrant violation of the right to privacy,” he said.

“Fake, false, and fabricated information and propaganda about judges and the administration of justice is resorted to get desired verdicts. Motives are imputed when a verdict is not of liking. It definitely creates an intense challenge for an independent judge and the judiciary. But the dignity of a Judge or a Court is not dependent on resorting to the law of contempt. The judgments of a judge and the latter’s conduct are the measures of his or her integrity and independence,” Justice Minallah said.

“The dignity of an independent judge nor his or her integrity is so frail and vulnerable so as to be harmed by a tweet on the social media platform.”

The registrar was asked to place this letter on record to dispel any unfounded impression that the proceedings were initiated on his complaint.

Published in Dawn, June 30th, 2024