Supreme Court Justice Athar Minallah has endorsed the legality of live-streaming court proceedings involving Imran Khan, the founder of Pakistan Tehreek-e-Insaf (PTI).
Justice Minallah articulated this view in a dissenting note about the Khyber Pakhtunkhwa government’s petition to broadcast the National Accountability Bureau (NAB) amendment case hearings.
Last week, the Supreme Court ruled that broadcasting such proceedings could lead to political “point-scoring.” However, Justice Minallah dissented from the majority’s 4-1 decision, asserting that there is no substantial reason to deny public access to these hearings.
The Supreme Court initiated an investigation after PTI released a photo of Imran Khan at a NAB amendments case hearing last month. Although Khan has been granted relief in several cases since his April 2022 ouster, his ongoing imprisonment at Adiala Jail in Rawalpindi stems from a conviction in the Toshakhana case.
In his 13-page dissenting opinion, Justice Minallah reiterated that the public has a constitutional right to access information about court proceedings, citing Article 19-A of the Constitution. He emphasized the court’s duty to ensure transparency and uphold public trust by allowing live streaming of hearings.
Furthermore, he noted that previous cases under Article 184(3) were successfully live-streamed after a pilot project. He warned that denying this right could undermine public confidence in the judiciary, contravening precedents set in the Justice Qazi Faez Isa case.
The apex court had expressed concerns that hearings might be exploited for political ends if broadcast, especially when they involve the leader of a major political party who is not a legal advocate.