Judicial courage is a constitutional duty, not activism, says former SC judge Minallah

ISLAMABAD: Former Supreme Court judge Justice Athar Minallah has emphasised that demonstrating courage in the judiciary is a constitutional obligation rather than an act of activism. Speaking at an event, Justice Minallah stated that courts are mandated to protect the rights of the vulnerable and powerless segments of society.

Justice Minallah asserted, "Judicial courage is a constitutional duty, not activism." He highlighted the crucial role that the judiciary plays in upholding the Constitution and ensuring justice for all, particularly those who lack power or influence. According to him, the courts must act as guardians for the marginalized and ensure their rights are protected under the law.

He further noted that the judiciary's responsibility is not limited to interpreting laws but extends to safeguarding the fundamental rights of citizens. Justice Minallah stressed that the courts must not shy away from taking bold decisions when it comes to protecting the powerless, as this is an essential part of their constitutional mandate.

During his remarks, the former judge underscored the significance of judicial independence and the necessity for judges to perform their duties without fear or favour. He reiterated that the judiciary must remain steadfast in its commitment to the Constitution, regardless of external pressures or criticism.

Justice Minallah's comments come amid ongoing discussions about the role of the judiciary in Pakistan and the boundaries between judicial activism and fulfilling constitutional responsibilities. He clarified that exercising judicial courage should not be misconstrued as activism, but rather as fulfilling the judiciary's core duty to uphold justice and protect the rights of the most vulnerable.

His statements have sparked dialogue within legal circles about the importance of a proactive judiciary in defending constitutional rights and ensuring that justice is accessible to all citizens, especially those who are often overlooked or marginalized.