ISLAMABAD:A senior judge of the Supreme Court has observed that the state remains preoccupied with forming and dismantling political governments, while institutions are primarily focused on targeting political rivals.
“Until state institutions stop engaging in political engineering, the situation will not improve. If the Constitution had been upheld, we would not be facing these challenges,” remarked Justice Athar Minallah on Friday.
Justice Minallah made these comments while sitting on a three-member bench that was hearing a pre-arrest bail plea filed by a murder suspect, Ishaq. The bench was led by Justice Jamal Khan Mandokhail and also included Justice Malik Shahzad Ahmad Khan.
During the proceedings, Justice Mandokhail criticized the state’s apparent lack of resolve in addressing critical issues. “What can we say about the state? Three prime ministers have been assassinated, yet no one has been held accountable,” he said, referring to the deaths of Liaquat Ali Khan, Zulfikar Ali Bhutto, and Benazir Bhutto.
He further pointed out that a senior judge in Balochistan was also murdered, but no significant progress was made in uncovering the truth. “The root problem lies in the lack of political and institutional will to take action. Investigations in Sindh and Punjab, for instance, are far weaker compared to other provinces,” he added.
While discussing the ongoing bail case, Justice Minallah highlighted that several such cases have been pending in the Supreme Court since 2017. He criticized the state’s focus on political power struggles instead of addressing pressing legal matters.
Justice Mandokhail expressed concern over the public’s dwindling trust in institutions and their increasing reliance on the Supreme Court to resolve every issue.
Justice Minallah acknowledged that even the Supreme Court reflects the broader societal challenges. “It took forty years for us to recognize the assassination of an elected prime minister like Zulfikar Ali Bhutto. What greater crime can there be than the killing of a prime minister? Someone should have been held responsible and brought to justice,” he said.
Justice Malik Shahzad also questioned the state of justice in a country where even prime ministers are denied it. “How can ordinary citizens expect justice when a prime minister can transition from leading the country one day to being imprisoned the next? No one knows how long anyone can hold on to such a position,” he remarked.
The court eventually directed the Supreme Court’s superintendent of police to arrest the accused and transfer him to the custody of prison authorities, as the suspect had previously absconded after obtaining bail.
In recent years, political turmoil has further highlighted these challenges. Former Prime Minister Nawaz Sharif was disqualified by the Supreme Court in 2017, convicted, and jailed even while his party remained in power. Similarly, former Prime Minister Imran Khan’s government was ousted through a no-confidence vote in April 2022. Khan was later arrested on multiple charges in August 2023 and remains in detention.
