Justice Athar Minallah Speech in New York Bar Council - Waseem Badami's Important Report

  • 3 months ago
#11thHour #JusTiceAtharMinallah #ImranKhan #MaryamNawaz #NawazSharif #SupremeCourt #QaziFaezIsa

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Transcript
00:00Pakistan's Supreme Court Judge, Justice Athar Minnala, who is under a lot of debate these days,
00:06in America, in New York, he gave a speech and said some very interesting things about a sitting judge in Pakistan's current situation.
00:13Although he did not relate to the current situation, but of course, we can relate and understand a lot of things.
00:20For example, at a time when this is being discussed, generally being discussed, he did not say that,
00:25Sir, this government is an illegal government, this is an illegal government,
00:30whether the West will give acceptance to this government or not, this is very important.
00:35What will be the role of America? This is very important.
00:37Sir, Mr. Athar Minnala, quoting some of the past references, he says,
00:41that the people of Pakistan have always fought against illegal, illegal and authoritarian governments.
00:49But, this work for the people of Pakistan,
00:52I mean, they have fought against them, but this work for the people of Pakistan,
00:55that is, fighting against illegal governments, becomes even more difficult
01:00when the outside world legitimizes such governments.
01:05At a time when the regime is about to change in America,
01:09there is an interesting comment, see what exactly he said.
01:13The people of Pakistan are extremely resilient.
01:17They have struggled, they have resisted unconstitutionalism,
01:22they have resisted authoritarian rules for the last 76 years.
01:27It becomes more difficult for them.
01:30It becomes more challenging when the outside world endorses unconstitutional authoritarian regimes.
01:40And at such a time when the Supreme Court of Pakistan has given a decision
01:43and it is clear that it cannot be implemented,
01:47it cannot be implemented, there will be disappointment,
01:49there will be no session, this is what the Federal Order is saying,
01:51some other people are also saying this.
01:53Mr. Athar Minnala's comment is very interesting,
01:55although he did not speak in the context of this decision,
01:57he spoke in a general sense, he says,
01:59that if the judge knew that the judge would not tolerate anything illegal,
02:05then the judge would not have tried to ignore the judge's decision.
02:12Why?
02:13Because then the judge also knows how to act on his decision.
02:18It is the duty of the judge to act on his decision.
02:27See what exactly Mr. Athar Minnala said about this.
02:31If people have confidence in a judge and if the authorities know
02:35that the judge does not tolerate things that are not legal,
02:39then they do not even attempt to violate the judgment
02:42or refuse the judgment to be implemented.
02:44Because then the judge knows how to have his judgment implemented.
02:49Every judgment has to be implemented
02:51and it is the duty of the judge to have the judgments implemented.
02:56Every judgment has to be implemented
02:59and it is the duty of a judge to get it implemented.
03:02You must remember that recently,
03:04when the PTI government fell, the courts were open at night.
03:08The Supreme Court and the Islamabad High Court were also open.
03:11There were a lot of headlines at that time.
03:13And the PTI itself made it a target of criticism.
03:15Mr. Imran Khan kept saying in the sessions
03:17that what did I do that you opened the courts at night?
03:21These things also happened.
03:22At that time, there was a lot of criticism from the PTI
03:26that the courts were opened because Imran Khan is being given a message
03:30to get voting done, to get it implemented.
03:33Otherwise, action can be taken against you.
03:35At that time, Mr. Minala was asked
03:37that why did you open the courts at night
03:39or why did you open the Islamabad High Court?
03:41He said that the purpose of opening the court
03:43on the night of Tehreek-e-Adam Ijtemaat
03:45was to create an atmosphere.
03:47He also gave a reference to the ARY.
03:49It created an atmosphere as if martial law is being imposed in the country.
03:51He further said that whenever martial law is possible,
03:54the courts should be opened.
03:56He also said that it should have been opened on October 12
03:59and it should have been opened on July 5.
04:01To get an idea of what the court is saying at the moment,
04:03I have always taken guidance from Justice Yahya Afridi.
04:05I, Yahya Afridi and Mansoor Ali Shah,
04:08who is also the next Chief Justice,
04:10we are the same.
04:11He also said that you know that
04:13some judges have written letters
04:15regarding interference in the court.
04:17He said that I chose the judges of Islamabad High Court
04:19with great effort.
04:21Out of the six judges who wrote the letter,
04:23five judges are mine.
04:26In recent history,
04:28Mr. Minala says that
04:31in 2018,
04:33when the cases of Muslim League Noon
04:35against Mr. Nawaz Sharif
04:37were suspended
04:39from the court,
04:41it was Islamabad High Court.
04:43At that time, Mr. Athar Minala
04:45used to be in Islamabad High Court.
04:47Obviously, he gave this decision
04:49in favour of Muslim League Noon.
04:51At that time, PTI did not like this decision
04:53and Noon League got relief from it.
04:55Let's see what Mr. Athar Minala says about it.
04:57He says that in 2018,
04:59when the cases of Muslim League Noon
05:01were suspended
05:03from the court,
05:05it was Islamabad High Court.
05:07He says that in 2018,
05:09when the cases of Muslim League Noon
05:11were suspended
05:13from the court,
05:15it was Islamabad High Court.
05:17He says that in 2018,
05:19when the cases of Muslim League Noon
05:21were suspended
05:23from the court,
05:25it was Islamabad High Court.
05:27This propaganda was so strict
05:29that even my close people started believing it.
05:31In fact, Mr. Athar Minala said
05:33that at one time,
05:35I started doubting it.
05:37The judge of Pakistan's Supreme Court
05:39and the judge of Islamabad High Court
05:41when they gave a decision
05:43in favour of Muslim League Noon
05:45and PTI was very upset,
05:47let's see what exactly he said.
05:57I started doubting myself.
05:59I said, maybe,
06:01even those who were very close to me
06:03started believing
06:05that probably I might have got those two flats.
06:07I also started doubting myself.
06:09I said, maybe,
06:11you see, because it was so strong.
06:13This was the time when PTI was very upset.
06:15A judge of PTI
06:17used the word pharaoh for him
06:19and a lot more was said about him.
06:21Now, the time has changed,
06:23the situation has changed,
06:25and now,
06:27the situation has changed.
06:29Now, Noon League is very upset
06:31and now PTI is the best judge.
06:33They are very happy.
06:35They also said that
06:37recently,
06:39the personal information of my two sons
06:41was made public from a government institution.
06:43Recently, a documentary was made
06:45on my wife,
06:47who has nothing to do with politics.
06:49At that time,
06:51the people who were propagandizing against me
06:53have summarized this whole situation in words.
07:17And he also said that
07:19today, those people who benefited from that decision,
07:21that is, we are talking about Noon League,
07:23and at that time,
07:25when no one else was giving them relief,
07:27today, those people are also criticizing
07:29or they are not liking it.
07:31He also talked about the past.
07:33This was the talk of the past.
07:35The talk of the past is also very interesting.
07:37Quickly, if I tell you one of them,
07:39he says that when Musharraf sir
07:41closed his eyes to the judges,
07:43then I took a request,
07:45but the registrar put my request
07:47back with objections.
07:49I closed my eyes to the same judges
07:51colony where the other judges
07:53could see him from their homes,
07:55but that petition was not accepted.
07:57Athar Minnala sir,
07:59was a very important character
08:01of Adliya Bahali Tehreek,
08:03Iftikhar Choudhary's movement.
08:05But he also believes that after Bahali,
08:07Iftikhar Choudhary's attitude was not
08:09very admirable.
08:11He said that after Adliya Bahali,
08:13the court's attitude was not admirable.
08:15The Supreme Court should not have
08:17removed Zardari sir and Hussain Akkani
08:19from office.
08:21Nawaz Sharif went to the court
08:23wearing a black coat and said that
08:25Zardari sir and Hussain Akkani
08:27are conspiring against the army
08:29together with the United States.
08:31Athar Minnala sir says that
08:33in that case, our ambassador
08:35Hussain Akkani was declared
08:37a traitor by the court.
08:39This was not in the interest
08:41of Pakistan.
08:43He says that a prime minister
08:45was a traitor.
08:47He says that the 18th amendment
08:49was a good act.
08:51For the first time,
08:53the method of appointing judges
08:55was decided.
08:57But unfortunately,
08:59the then Chief Justice
09:01Iftikhar Choudhary did not
09:03find it appropriate.
09:05There was a time when
09:07the 18th amendment was
09:09almost decided.
09:11The Parliament was forced
09:13to act.

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