Imran’s court trial: People can’t be denied access to proceedings through live streaming, says Justice Athar

ISLMABAD: Supreme Court Judge Athar Minallah Wednesday observed that former prime minister and PTI founder chairman Imran Khan had millions of followers countrywide and denying them access to the court proceedings through live streaming will erode their confidence in the apex court. In his 13-page dissenting note, Justice Athar held that no substantive reason or exceptional circumstances existed to deny the public their right to access the court proceedings through live streaming.

“In the circumstances, denial of this guaranteed right will amount to violating the principles laid down in Justice Qazi Faez Isa case,” Justice Minallah noted.

The judge observed that the respondent (Imran Khan) like other former elected prime ministers had millions of followers across the country as had become evident from the results of the last general elections, saying he was definitely not an ordinary prisoner or convict.

The judge noted that the perception of the existence of a coercive apparatus of the state could not be ignored by a constitutional court, particularly having regard to the unjustified treatment of representatives of the people in the past. “The perception of complicity of this Court in or by allowing the elected representatives to be humiliated, harassed and persecuted for other than bona fide reasons is not unfounded,” the judge said, adding, “This Court, after more than four decades, has recently attempted to remedy the grave wrong done in denying an elected Prime Minister Zulfikar Ali Bhutto the right to a fair trial but regrettably the damage was irretrievable.”

The judge further observed that the chequered history and role of this Court in relation to the treatment of elected representatives had remained unflattering adding that the approach of this Court, therefore, should be to err in favour of millions of followers and their representatives now, lest attempts be made after decades to remove an irretrievable blemish.

Justice Minallah further held that the courts and the judges could no more bury their heads in the sand by ignoring the obvious realities. The reported restrictions on the freedom of expression are manifest from the fact that censorship has been imposed on court reporting as well, Justice Minallah held.

He said the existence of coercive apparatus of the State was also manifest from the reported grave abuses of power and consequent infringement of the guaranteed rights. In this background, Justice Minallah held that it becomes inevitable for this Court to walk the extra mile to ensure transparency and enforcement of the guaranteed right under Article 19-A of the Constitution by giving access to the public to the court proceedings through live streaming.

The judge noted that denial of access will unjustifiably give rise to suspicions and erode the confidence of the people in this Court adding that it was an obligation for this Court to be seen as impartial, fair and independent and to dispel any perception to the contrary. Justice Minallah further noted that the trust of the people will be maintained and promoted by enabling them to know and see for themselves the court proceedings.

The judge recalled that when the deposed prime minister Zufikar Ali Bhutto was arrested and sent to the gallows by this Court, he was not an ordinary prisoner or convict but a victim of coercive apparatus of the State imposed by a uniformed usurper, who was purportedly given legitimacy by this Court. “Likewise, Benazir Bhutto Shaheed and Mian Mohammad Nawaz Sharif were made to profoundly suffer on account of grave abuse of powers vested in the Bureau,” Justice Minallah noted. They were not ordinary prisoners and convicts because their persecutions were perceived to be motivated, he added.

“They had millions of followers and the perception that, as representatives of the people, they were being humiliated and harassed for other than bona fide reasons on the basis of alleged corruption and corrupt practices at the behest of unelected office holders was not without substance.”

It is pertinent to mention here that on June 1, a five member bench of the apex court, headed by Chief Justice of Pakistan Qazi Faez Isa and including Justices Aminuddin Khan, Athar Minallah, Jamal Khan Mandokhail, and Hasan Azhar Rizvi, by a majority 4-1 dismissed the petition of Khyber Pakhtunkhwa (KP) Advocate General seeking live-streaming of the Intra Court appeal of the federal government against its judgment striking down some of the amendments made in NAB law. Justice Athar Minallah had dissented with the majority judgment.