Parliament, not courts, right forum for political disputes: IHC CJ
ISLAMABAD: Politicians should resolve their differences within parliament and not in courts, Justice Athar Minallah, the outgoing Chief Justice of the Islamabad High Court, said on Monday.
Justice Minallah was addressing a full court reference held to bid farewell to him upon his elevation to the Supreme Court.
The IHC CJ said democracy and parliament would be strengthened only if parliamentarians resolve their differences within the legislature and stop using the judiciary for settling scores. He said the judiciary was under an obligation to observe principles related to trichotomy of powers.
However, the Constitution has defined the judiciary’s role and it can only issue a verdict on cases brought before it, Justice Minallah observed. He said it was lamentable that Pakistan was ruled by dictators for almost half of its 75 years of existence.
At farewell reference, Justice Minallah says change of mindset needed to ensure civilian supremacy
“Only political leadership can ensure civilian supremacy and the rule of law, but for this to happen a change of mindset is needed.”
Justice Minallah said the Islamabad High Court represented the federation as judges were appointed to this court from across the country. The judges in the IHC and district courts are above board and delivering judgements without fear or favour, he added.
Justice Aamer Farooq, the chief justice-designate, said Justice Minallah had played a key role in the 2007 movement for reinstatement of Justice Iftikhar Chaudhry as chief justice of Pakistan.
Justice Farooq recalled that Justice Minallah launched a campaign for jail reforms after visiting the Rawalpindi central jail. Justice Minallah delivered landmark judgements on civil and criminal matters, he said.
Shuaib Shaheen, who heads the Islamabad High Court Bar Association (IHCBA), said Justice Minallah was a beacon of light and hope for the downtrodden. Referring to a landmark judgement delivered by Justice Minallah on animal rights, he said: “Your judgement in Islamabad Wildlife Management v Metropolitan Corporation of Islamabad (Kaavan case) was cited by one of New York’s top courts.”
In this historic verdict, the IHC affirmed that animals, too, had rights and ordered the release of Kaavan, an Asian elephant held in solitary confinement at the Islamabad Zoo.
Syed Qamar Hussain Sabzwari, Vice Chairman of the Islamabad Bar Council, paid tribute to Justice Minallah for authoring landmark judgements on issues like enforced disappearances, the misery of Baloch students, social media laws, land acquisition and the environment.
Other speakers included Barrister Jahangir Khan Jadoon, the Advocate General for Islamabad and Additional Attorney General Barrister Munawar Iqbal Duggal.
The full court reference was attended by Justice Aamer Farooq, Justice Mohsin Akhtar Kayani, Justice Miangul Hassan Aurangzeb, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Mohammad Tahir and Justice Saman Rafat Imtiaz.
The judges of district courts and special courts in Islamabad also attended the event.
Published in Dawn, November 8th, 2022