LEGAL

Supreme Court Justice Atharmanullah has called for the strict enforcement of the law of access to information, underscoring the need for the Supreme Court to adopt automatic access to such information. His remarks highlight the crucial relationship between transparency, accountability, and the protection of fundamental rights.
Justice Atharmanullah expressed his agreement with the previous decision made by former Chief Justice Qazi Faiz Isa, emphasizing that while the exercise of fundamental rights under Article 19A may be subject to reasonable restrictions, it is imperative to understand the limitations of these restrictions. He asserted that the term "reasonable restrictions" does not grant Parliament the authority to infringe upon the scope of constitutional rights.
He pointed out that Article 8 of the Constitution explicitly prevents the state from enacting any legislation that abrogates or restricts fundamental rights. “We must recognize that any attempt to limit these basic rights not only undermines the Constitution but also the trust of the people,” Justice Atharmanullah remarked. He warned that if the defenders of fundamental rights become agents of their own restriction, public confidence will be severely compromised.
Justice Atharmanullah further highlighted the significance of transparency in the judiciary, stating that privileges associated with judges and Supreme Court employees are matters of public interest. He argued that citizens should not have to file formal applications to access essential information regarding judicial processes.
His comments are a part of a growing discourse on the need for greater transparency and accountability within Pakistan's judicial system. By advocating for automatic access to information, Justice Atharmanullah aims to reinforce the pillars of democracy and the rule of law, ensuring that citizens are informed and engaged in the judicial process.
As the conversation around access to information and fundamental rights continues, Justice Atharmanullah's statements serve as a reminder of the critical role the judiciary plays in upholding the Constitution and protecting the rights of all citizens.