Athar Minallah
اطہر من اللہ
Athar Minallah in 2009
Justice of the Supreme Court of Pakistan
Assumed office
11 November 2022
Nominated byJudicial Commission of Pakistan
Appointed byPresident of Pakistan
5th Chief Justice of Islamabad High Court
In office
28 November 2018 – 10 November 2022
Preceded byMuhammad Anwar Khan Kasi
Succeeded byAamer Farooq
Justice of Islamabad High Court
In office
17 June 2014 – 28 November 2018
Personal details
Born (1961-12-30) 30 December 1961
Haripur, North-West Frontier Province, Pakistan
CitizenshipPakistani
RelationsSamar Minallah (sister)
Parent(s)Nasrum Minallah (father)
Bilquis Nasrum Minallah (mother)
OccupationJurist
ProfessionLawyer

Athar Minallah (Urdu: اطہر من اللہ; born 30 December 1961) is a Pakistani jurist serving as a judge of Supreme Court of Pakistan since 11 November 2022.[1] Prior to that, he served as the 5th Chief Justice of Islamabad High Court from 28 November 2018 to 10 November 2022.[2]

Before becoming a judge, he was a lawyer by profession and played an active part in the Lawyers' Movement which was backed by former Prime Minister Nawaz Sharif.[3][4][5]

Early life and career

Minallah obtained his early education from his hometown, Haripur. He joined Pakistan Customs after completing his higher education, rising to senior positions. However, he later resigned and started practicing law.[6]

Following the sacking of former Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, 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 cases which led to the pendency of routine cases.[6]

Appointment to Islamabad High Court

Justice Minallah was appointed as judge of Islamabad High Court 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, 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, 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.[2]

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 (JCP) on 24 October 2022.[7] He took oath on 11 November 2022, along with Justice Shahid Waheed and Justice Syed Hasan Azhar Rizvi.[1] Justice Aamer Farooq 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 Chief Justice of Pakistan Justice Umar Ata Bandial. He contended 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 further stated that in political cases one side loses and the other side wins, but the Court in all circumstances is the loser. [2]

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 form 1985 to 1988.[8][9]

He is the son-in-law of Justice Ghulam Safdar Shah,[10] who was part of the bench that convicted and sentenced former prime minister Zulfikar Ali Bhutto but wrote a dissenting note against the conviction, for which he faced the wrath of the-then military dictator, General Zia ul Haq.[6]

References

  1. 1 2 Asad, Malik (12 November 2022). "Three SC judges, IHC chief justice take oath". Dawn. Retrieved 12 November 2022.
  2. 1 2 3 "Justice Athar Minallah sworn in as chief justice of Islamabad High Court". Dawn. 28 November 2018. Retrieved 12 November 2022.
  3. ↑ "Pakistan, Afghanistan resume air services after 23 years". Khaleej Times Online. Archived from the original on 6 August 2007. Retrieved 4 November 2007.
  4. ↑ Perlez, Jane (4 November 2007). "Musharraf Consolidates His Control With Arrests". The New York Times. Retrieved 13 November 2022.
  5. ↑ "Athar Minallah takes oath as IHC judge". Dawn. 18 June 2014. Retrieved 12 November 2022.
  6. 1 2 3 "Athar Minallah". BOL News. 21 May 2022. Retrieved 12 November 2022.
  7. ↑ Malik, Hasnaat (24 October 2022). "Deadlock ends as JCP approves 3 HC judges' elevation". The Express Tribune. Retrieved 25 October 2022.
  8. ↑ "News in brief". Dawn. 2 August 2012. Retrieved 12 November 2022.
  9. ↑ "List of Members, National Assembly of Pakistan 1985-1988" (PDF). na.gov.pk. National Assembly Secretariat, Islamabad. Retrieved 22 December 2018.
  10. ↑ Asad, Malik (29 June 2022). "Mother-in-law of IHC chief justice dies". Dawn. Retrieved 12 November 2022.
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