Letter accuses judiciary of historical complicity, silence, and surrender to power elite.
ISLAMABAD: Supreme Court judge Justice Athar Minallah has called upon Chief Justice of Pakistan (CJP) Yahya Afridi to convene a judicial conference for an open, institutional dialogue on threats to the independence of the judiciary, warning that silence in the face of systemic erosion of judicial freedom amounts to complicity.
In a seven-page letter dated October 8, titled “Moment of Reckoning,” Justice Minallah urged all judges of the Supreme Court and high courts to engage in candid reflection on how to reclaim public trust in the courts as guardians of the Constitution and fundamental rights.
“Judiciary at a Perilous Crossroad”
Justice Minallah warned that Pakistan’s judiciary stands at a dangerous turning point, shaped by decades of deference to power instead of constitutional principles.
“This recurring, unannounced war between self-serving powerful elite centres and the will of the people has defined much of our national tragedy,” he wrote.
The judge recalled how it took four decades for the Supreme Court to admit its complicity in the judicial execution of Zulfiqar Ali Bhutto, yet even that acknowledgment, he said, was “little more than the admission of shame.”
“No apology was ever offered to the people whose faith was violated, nor repentance shown for being instruments of oppression against their representatives,” he observed.
Historic Complicity and Continuing Silence
Justice Minallah lamented that not a single judge had ever been held accountable for suppressing the will of the people — not even those who “sent a human being to the gallows simply because it was demanded by a uniformed dictator.”
Drawing parallels with contemporary politics, he cited the repeated persecution of political leaders including Benazir Bhutto, Asif Ali Zardari, Nawaz Sharif, Shehbaz Sharif, and Imran Khan, saying that justice continues to be denied to them all.
“Must we wait another forty years for the judiciary to acknowledge its complicity in denying justice to the will of the people of today?”
He accused the judiciary of serving as a guardian of the power elite rather than the people’s sovereign will.
“Truth Whispered in Tea Rooms”
The judge described the judiciary’s internal silence as suffocating:
“The truth is known to all judges but whispered only in tea rooms and chambers. The independence of this institution has too often been compromised from within through surrender or active participation.”
Justice Minallah referred to the transfer of judges to the Islamabad High Court (IHC) as an act of “dismantling” the institution — punishment, he said, for earning public confidence.
He accused the Supreme Court of standing beside forces attacking judicial independence, citing the concealment of full court meeting minutes and the court’s silence over enforced disappearances even when a former CJP admitted the problem had reached his own doorstep.
Call for Redemption and Reform
Justice Minallah said the judiciary’s “moment of reckoning” demands honesty and collective resolve. Referring to the proposed 27th Constitutional Amendment — including the creation of a Federal Constitutional Court — he warned that the judiciary must not allow itself to be further “captured” by external influences.
“We must reaffirm our commitment to the sovereignty of the people rather than centres of power,” he wrote.
“The strength and legitimacy of our institution is rooted in its independence.” He urged CJP Afridi to lead a national judicial dialogue to restore the judiciary’s integrity and reclaim its moral authority.