LEGAL

Justice Athar Minullah Emphasizes Fundamental Rights in Supreme Court's Access to Information Case

In a landmark note, Justice Athar Minullah asserts that access to information is a fundamental right that should not be restricted. He emphasizes that public trust is vital for judicial independence
2024-10-31
Justice Athar Minullah Emphasizes Fundamental Rights in Supreme Court's Access to Information Case

In a significant development in the Supreme Court case regarding access to information, Justice Athar Minullah has penned an additional note in Urdu, underscoring the importance of fundamental rights as outlined in Article 19A of the Constitution.

Justice Minullah asserted that while the exercise of this fundamental right may be subject to reasonable restrictions, the Parliament does not possess the authority to diminish the scope of constitutional rights. He emphasized that Article 8 protects citizens against legislation that may infringe upon their fundamental rights, reinforcing the Supreme Court's role in conducting judicial reviews on actions taken by other institutions.

The justice warned that any attempt to restrict citizens' fundamental rights could lead to a loss of public confidence in the judiciary. He stated, "If the public's trust is lost, the independence of the judiciary will also be weakened," reiterating that the Supreme Court's power lies solely in the trust of the people, rather than control over state resources.

Justice Minullah highlighted the necessity of access to information as a critical safeguard against corruption, urging that the law must be enforced rigorously. He noted that the privileges of judges and employees of the Supreme Court are matters of public interest, advocating that citizens should not have to file applications to obtain information.

Aligning with Chief Justice Qazi Faiz Isa's decision, Justice Minullah called for the strict enforcement of the Access to Information Act, reaffirming its significance in promoting transparency and accountability within the judiciary