Justice Minallah stated that he agreed with Justice Yahya Afridi’s note on dismissal of petition and his reasoning in the short order was “persuasive” therefore he had no “hesitation in concurring with the decision”.
“I had reiterated my decision by recording my note in the order dated 24.02.2023. I have had the privilege of reading the detailed reasoning recorded by my learned brothers, Syed Mansoor Ali Shah and Jamal Khan Mandokhail, JJs and I agree with their opinion, particularly regarding the final outcome of the petitions and the suo motu assumption of jurisdiction by a majority of 4 to 3 because this was the understanding in the meeting held in the anteroom on 27.02.2023. It is noted that I had not recused nor had any reason to dissociate myself,” said the judge in his detailed note.
In his note, Justice Minallah emphasised that “public trust and confidence” are “sacrosanct” for the judiciary to operate effectively.
“The legitimacy of the court’s verdict solely depends on the public’s belief that the Court is an independent, impartial, and apolitical arbiter of disputes between political stakeholders,” said the judge. He also explained that issue of elections in Punjab and Khyber Pakhtunkhwa was political and was being adjudicated by a high court.
Article source: https://www.suchtv.pk/pakistan/general/item/119237-suo-motu-on-punjab-kp-elections-was-dismissed-by-4-to-3-justice-athar-minallah.html