Athar Minallah (; born 30 December 1961) is a Pakistani jurist serving as a judge of
Supreme Court of Pakistan
The Supreme Court of Pakistan ( ur, ; ''Adālat-e-Uzma Pākistān'') is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan.
Established in accordance to thePart VIIof the Constitution of Pakistan, it has ultimate ...
since 11 November 2022.
Prior to that, he served as the 5th Chief Justice of
Islamabad High Court
The Islamabad High Court is the senior court of the Islamabad Capital Territory, Pakistan, with appellate jurisdiction over the following district courts:
* Islamabad District Court (East)
* Islamabad District Court (West)
Justice Aamer Far ...
from 28 November 2018 to 10 November 2022.
Before becoming a judge, he was a lawyer by profession and played an active part in the
Lawyers' Movement
The Lawyers' Movement, also known as the Movement for the Restoration of Judiciary or the Black Coat Protests, was the popular mass protest movement initiated by the lawyers of Pakistan in response to the former president and army chief Pervez Mus ...
which was backed by former
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
Nawaz Sharif
Mian Muhammad Nawaz Sharif (Urdu, Punjabi: ; born 25 December 1949) is a Pakistani businessman and politician who has served as the Prime Minister of Pakistan for three non-consecutive terms. He is the longest-serving prime minister of Pak ...
.
Early life and career
Minallah obtained his early education from his hometown,
Haripur. He joined
Pakistan Customs
Pakistan Customs () is one of the elite cadres of the Civil Services of Pakistan.
Pakistan Customs is manned by officers from the Pakistan Customs Service (PCS) which is one of the premier occupational group among Pakistan's civil services. Pr ...
after completing his higher education, rising to senior positions. However, he later resigned and started practicing law.
Following the sacking of former
Chief Justice of Pakistan
}
The Chief Justice of Pakistan (Urdu: ) ( initials as CJP) is head of the court system of Pakistan (the judicature branch of government) and the chief judge of the Supreme Court of Pakistan. The officeholder is the senior most of 17 senior ...
Iftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry ( ur, ; born 12 December 1948) is a Pakistani jurist who served as the 20th Chief Justice of Pakistan over three non-consecutive terms from 29 June 2005 to 11 December 2013.
Chaudhry began practice as an advocate of ...
, he joined the Lawyers' Movement for the restoration of the judiciary.
However, after Justice Chaudhry’s restoration, he became a critic of the judiciary because of excessive
suo motu
In law, ''sua sponte'' (Latin: "of his, her, its or their own accord") or ''suo motu'' ("on its own motion") describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken w ...
cases which led to the pendency of routine cases.
Appointment to Islamabad High Court
Justice Minallah was appointed as an IHC judge in June 2014 and is considered to be one of the finest judges in the superior judiciary . During his tenure, he authored landmark judgments in matters related to civil litigation including real estate, criminal cases, the environment and missing persons .
He was third on the seniority list in the Islamabad High Court till the sacking of Justice
Shaukat Aziz Siddiqui
For other people named Shaukat Aziz, see Shaukat Aziz (disambiguation).
Shaukat Aziz Siddiqui ( ur, ; born 1 July 1959) is a Pakistani jurist and former senior Justice of the Islamabad High Court.
Early life and education
He was born on 1 July ...
, the former senior puisne judge who was removed on the recommendation of
Supreme Judicial Council that found him guilty of misconduct over claims of manipulation of judicial proceedings against the
Inter-Services Intelligence
The Inter-Services Intelligence (ISI; ur, , bayn khadamatiy mukhabarati) is the premier intelligence agency of Pakistan. It is responsible for gathering, processing, and analyzing any information from around the world that is deemed relevant ...
, Pakistan's premier intelligence agency. Subsequently, Justice Minallah became the senior puisne judge.
He became the 5th Chief Justice of Islamabad High Court on 28 November 2018, following the retirement of Muhammad Anwar Khan Kasi.
Elevation to Supreme Court of Pakistan
The elevation of Athar Minallah from the Islamabad High Court to the Supreme Court was approved by the
Judicial Commission of Pakistan
The Judicial Commission of Pakistan (informally JCP) is a commission for the appointment of Supreme Court and High Court Judges in Pakistan. The Chief Justice of Pakistan is the Chairman of JCP.
On 20 April 2010, 18th Constitutional Amendment w ...
(JCP) on 24 October 2022. He took oath on 11 November 2022, along with Justice Shahid Waheed and Justice Syed Hasan Azhar Rizvi.
Justice
Aamer Farooq
Aamer Farooq (born 26 April 1969) is a Pakistani jurist who is currently serving as an Chief Justice of Islamabad High Court since 11 November 2022 and also been Justice of the Islamabad High Court from 31 December 2014 to 10 November 2022.
Ea ...
succeeded him as the 6th Chief Justice of Islamabad High Court.
Through his judicial note which was released to the public on the 7th of April 2023, he criticised the Role of the Chief Justice of Pakistan Justice Umar Ata Bandial. He reiterated the point that the court should not involve itself in politically motivated cases. As when it does so, it looks as it is furthering the political interests of a select group. He very correctly mentioned that in political cases one side looses and the other side wins, but the Court in all circumstances is the looser.
Personal life
Justice Minallah is the eldest son of Nasrum Minallah, who served as a Commissioner during the 1960s and 70s, and
Bilquis Nasrum Minallah,
Member of the National Assembly of Pakistan
A Member of Parliament or Member of the National Assembly of Pakistan (abbreviated: MNA or MP) is a legislative constituency's representative in the National Assembly of Pakistan (Urdu: ایوانِ زیریں پاکستان), the Pakistan ...
form 1985 to 1988.
He is the son-in-law of Justice Ghulam Safdar Shah,
who was part of the bench that convicted and sentenced former prime minister
Zulfikar Ali Bhutto
Zulfikar (or Zulfiqar) Ali Bhutto ( ur, , sd, ذوالفقار علي ڀٽو; 5 January 1928 – 4 April 1979), also known as Quaid-e-Awam ("the People's Leader"), was a Pakistani barrister, politician and statesman who served as the four ...
but wrote a dissenting note against the conviction, for which he faced the wrath of the-then military dictator, General
Zia ul Haq
General Muhammad Zia-ul-Haq HI, GCSJ, ร.ม.ภ, (Urdu: ; 12 August 1924 – 17 August 1988) was a Pakistani four-star general and politician who became the sixth President of Pakistan following a coup and declaration of martial law in ...
.
References
{{DEFAULTSORT:Minallah, Athar
Pakistani lawyers
Hindkowan people
1961 births
Living people
Chief Justices of the Islamabad High Court
Justices of the Supreme Court of Pakistan