Justice Athar Minallah Emphasizes Protection of Fundamental Rights in Constitution

Islamabad: In a recent statement, Justice Athar Minallah highlighted that the Constitution prohibits the state from enacting legislation that would terminate or limit fundamental rights. This commentary came during a Supreme Court case concerning the right to access information, where Justice Minallah issued an additional note in Urdu.
According to the note, while the use of the fundamental right under Article 19A is subject to reasonable restrictions, the term “reasonable restrictions” does not grant Parliament the authority to limit constitutional rights. He emphasized that Article 8 protects citizens from laws that would infringe upon their basic rights and reiterated that it is inconceivable for the Supreme Court to strip citizens of these rights.
Justice Minallah further noted that if the public perceives that the protectors of their rights are involved in limiting them, it would undermine their trust, ultimately weakening judicial independence. He remarked that the Supreme Court lacks control over swords or treasures, and its strength lies solely in the trust of the people.
He also stressed that the right to access information is a stronghold against corruption, emphasizing that the privileges of judges and court employees are matters of public interest. Justice Minallah called for strict enforcement of the access to information law, asserting that citizens should not have to file requests to obtain information.