Justice Minallah advocates transparency, meritocracy in judicial appointments

Justice Athar Minallah of the Supreme Court of Pakistan (SCP) Tuesday issued a 34-page detailed dissenting note on the appointment of additional judges of Peshawar High Court (PHC) in the apex court, reported the 24NewsHD TV channel.

Justice Minallah's dissenting note underscored that transparency and accountability form the bedrock principles underpinning the judiciary's independence. It further stated that a transparent appointment process not only upholds public confidence but also bolsters judicial independence.

“The note hinted that judicial independence is promoted only by adopting a transparent process.”

Justice Athar Minallah contended that arbitrary decisions and unchecked discretion erode the judiciary's independence. He asserted that appointing judges based on merit requires a transparent approach right from the identification of qualified candidates.

Justice Athar Minallah held nomination cannot be made on merit from pre-determined criteria.  “The obstruction created by the Chief Justice at the stage of identification of eligible persons deprived the Commission of constitutional authority.”

Consequently, the Commission failed to nominate individuals in accordance with the rules and on the basis of merit.