ISLAMABAD: Justice Athar Minallah underscored significance of civil supremacy and protection of democracy, stating role of Supreme Court in facilitating derailment of democracy and Constitution is indefensible.

Addressing London School of Economics (LSE), Minallah said, “Absence of civil supremacy has created persistent tension and Constitution has been subverted since country has not been governed there under”.

Delivering speech on topic ‘Unpacking Pakistan’s Constitutional crisis, Role of Supreme Court’, judge said, “Supreme Court was perceived to have been involved in political engineering prior to general elections of 2018 which led to formation of weak civilian government and it could not last for more than three years.

This period manifested distinct form of constitutional crisis, governance was perceived as hybrid in nature i.e jointly managed by elected representatives and hierarchy of Army, fact later publically affirmed by then Prime Minister”

He added that the leader of the House refused to acknowledge legitimacy of leader of opposition and in order to frustrate vote of no confidence, Deputy Speaker attempted to dissolve NA.

“Supreme Court intervened by taking suo moto notice and subsequently vote of confidence went through pursuant to unanimous judgment of Supreme Court.”

Minallah stated, “Lahore High Court handed down its judgment but while its implementation was in process apex court intervened. Through two separate judgments top court had fixed dates for holding of general elections.

Judgments were not implemented and no attempt was made either by SC or interested parties to have them enforced”.

Highlighting situation in past, Minallah said that for more than seven decades civilian supremacy has been suppressed but this model has merely created opportunities for elite capture to become more entrenched, adding that people have been denied their inalienable right to govern country and carve its destiny and that as nation we are running out of time and doctrines must give way for country to be governed under Constitution in conformity with its foundational principle of civilian supremacy.

In concluding remarks he stated that governance of country, for last 76 years, has been hostage to ‘doctrines’ conceived by individuals who were trained in art of war, adding that these ‘doctrines’ gave us culture of drugs, Kalashnikovs, violence and terrorism.

He added that judges were restored in March 2009 but role of restored judiciary in encroaching upon domain of legislature and executive was contrary to aims and purpose of historic lawyers’ movement, stating that Parliament’s authority and democratic principles were undermined and civil supremacy was eroded.

Published in The Daily National Courier, February, 05 2024

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