SC judge Justice Minallah says state busy in toppling, bringing down governments
The Supreme Court rejected on Friday the pre-arrest bail application of murder suspect Ishaq, ordering his arrest and transfer to jail authorities.
A three-member bench led by Justice Jamal Khan Mandokhail heard the case. Justices Athar Minallah and Malik Shahzad were the other two members of the bench.
In a case that has “lingered” in the judiciary since 2017, the judges offered sharp observations on the political climate of the country. Justice Minallah lamented the state’s “preoccupation with political rivalries,” commenting that “all institutions appear more focused on targeting opponents.”
Justice Mandokhail noted that three former prime ministers had been assassinated, but no justice was delivered in their cases. He referenced the killing of a senior judge in Balochistan, saying, “Even in that case, no answers were provided. The problem lies not in the absence of mechanisms but in the lack of will to act.”
He criticised the inefficiency of police investigations, particularly in Sindh and Punjab, and attributed it to the overarching issue of “political engineering” by state institutions. “As long as this continues, the conditions will remain unchanged,” he said.
Justice Minallah stressed the importance of adhering to the Constitution, arguing that the country’s state of “instability” could have been avoided if constitutional principles were followed.
The judges lamented the loss of public trust in state institutions. Justice Mandokhail observed that people now look to the judiciary, especially the Supreme Court, to address all governance failures.
Justice Minallah further criticized the societal norms that constrain the truth, saying, “This institution [Supreme Court] speaks only as much truth as our society allows. It took 40 years to acknowledge the assassination of an elected prime minister. What greater crime could there be than this? Accountability and punishment were overdue in such a case.”
SC judge Justice Shehzad expressed concerns about the state of governance and justice in the country.
“If this is the state of affairs for a prime minister, what hope is there for the ordinary citizen? One day, the prime minister is in the Prime Minister’s House; the next, they are in jail. No one knows how long someone will hold office.”
After hearing arguments, the Supreme Court issued a clear directive to the police, ordering Ishaq’s arrest and his transfer to prison authorities.
The court also noted that Ishaq had previously secured bail but subsequently fled, evading justice.
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