Supreme Court Justice Athar Minallah spoke at the Karachi Bar Association, showing disappointment with Pakistan’s judicial history since independence. He said the “hybrid system” people talk about shows a sign of dictatorship. “The only way forward is through the Constitution,” he said.
At a seminar titled “Independence of the Judiciary, Constitutional Governance and Access to Justice: The Way Forward,” Minallah said the Constitution gives people the right to choose leaders in free and fair elections. “No group should interfere in politics,” he said. He said fair elections are still just a dream in Pakistan.
Minallah pointed out key judicial failures. He mentioned the 1954 Maulvi Tamizuddin case, where the court turned down the decision to restore the Constituent Assembly. He said if those five judges had set a good example, Pakistan would have had law and order instead of 77 years of dictatorship.
جو کہتا ہے آج ہائبرڈ نظام ہے، اسکا مطلب ہےکہ آمریت ہے، آئینی حکمرانی نہیں ہے۔۔!جسٹس اطہر من اللہ کا دھواں دار خطاب#JusticeAtharMinallah #HybridSystem #PakistanPolitics #Judiciary #Constitution #Democracy #RuleOfLaw #PakistanNews pic.twitter.com/p3bL05JR13
— Express News (@ExpressNewsPK) September 4, 2025He also remembered the 1979 trial of former Prime Minister Zulfikar Ali Bhutto. Judges there said they sentenced him under pressure. No one was punished for this. But Minallah praised three brave judges, including Dorab Patel, who disagreed openly.
Defence Minister Khawaja Asif responded on X, noting that Minallah served as a minister during General Musharraf’s 1999 martial law. Asif asked Justice Minallah to think about his own past. Minallah said he helped lead the 2007 lawyers’ movement to bring back judicial independence, a fact he is proud of.
“In many of my judgments in the High Court, I had to write that in this country there is no supremacy of law and the constitution, but rather elite capture has prevailed “
Says Former Chief Justice of Pakistan Ather Minallah !#غریب_تیرا_خیرخواہ_قید_میں pic.twitter.com/YhR3oVpdAJ
— PTI Canada Official (@PTIOfficialCA) September 4, 2025Minallah’s words come during disputes in the Islamabad High Court over new 2025 appointment rules, which some senior judges oppose. He praised judges who stood firm, like five Sindh judges who refused to take a new oath under Musharraf in 1999.
Minallah’s comments show the ongoing problems with judicial independence in Pakistan. His call for accountability is particularly relevant in light of the current legal challenges.
