Supreme Court Justice Athar Minallah has affirmed that the Supreme Court is committed to upholding citizens’ fundamental rights, emphasizing that it is inconceivable for the judiciary to curtail or revoke these rights. He asserted that the Constitution does not grant the Legislature the authority to weaken or restrict fundamental rights.
Justice Minallah shared these observations in an additional note issued in Urdu, regarding a case on access to information. Referring to the judgment by former Chief Justice Qazi Faez Isa, he expressed complete agreement with the interpretation presented by the former chief justice but found it necessary to provide his own additional remarks.
Justice Minallah fully endorsed former Chief Justice Qazi Faez Isa’s interpretation of Article 19-A, affirming citizens’ right to information on matters of public importance. He clarified that Article 8 of the Constitution bars laws that contradict or restrict fundamental rights, adding that the Legislature cannot weaken these protections. “The exercise of the fundamental right under Article 19-A is subject to appropriate restrictions, but the term reasonable restrictions does not empower parliament to limit the scope of this constitutional right,” he emphasized.
Similarly, Article 7 of the Constitution defines the “State” to include institutions such as the Majlis-e-Shura (Parliament), which cannot enact laws that contravene Article 19-A or prevent citizens from accessing information of public interest related to the Supreme Court.
Justice Minallah emphasized that the Supreme Court should adopt policies and regulations to ensure citizens’ right to access information, especially as the highest court is vested with the duty to protect fundamental rights. He argued that exempting the Supreme Court from access to information laws would effectively undermine the constitutional guarantee provided by Article 19-A.
In cases where any legislative provision conflicts with this constitutional right, Justice Minallah held that such provisions should be deemed void. He called for an interpretation of the 2017 Act that does not exclude the Supreme Court from citizens’ access to information, reinforcing that this right is essential for transparency and accountability in public institutions.
Justice Minallah cautioned that if citizens perceive the judiciary as restricting access to information, it could erode public trust in the judiciary’s independence and integrity. He emphasized that transparency strengthens democratic values, enabling citizens to understand how public resources are utilized.
To set a precedent of transparency, Justice Minallah urged the Supreme Court to make administrative information, such as budgets, human resource details, and benefits, readily accessible to the public. He proposed proactive disclosure, suggesting that relevant information be uploaded to the Supreme Court’s website, ensuring citizens need not submit requests to access such data.
In concluding his note, Justice Minallah reiterated his support for former Chief Justice Isa’s judgment.
