by Nasir Iqbal in Dawn, September 8th, 2023
• SCBA demands release of political prisoners, opposes civilians’ trials under army act
• Advocates civilian supremacy, asks army to stick to constitutional role; demands treason case against ECP officials
• Seeks end to perks enjoyed by state officials at public’s expense, dialogue on economy
ISLAMABAD: A convention organised by the Supreme Court Bar Association on Thursday called upon the bar associations to observe a countrywide strike on Sept 9 (Saturday) to uphold the rule of law, as the apex lawyers body demanded the release of political prisoners, end of the military’s role in politics, and effective measures to address economic meltdown.
The resolution which listed all these demands followed the speeches of lawyers Hamid Khan, Latif Khosa, Aitzaz Ahsan, and SCBA President Abid Zuberi among others at the All Pakistan Lawyers Convention organised by the SCBA’s 25th Executive Committee at the SCBA complex.
The Pakistan Bar Council was conspicuous by its absence from the meeting — as pointed out by Mr Zuberi who regretted that despite an invite the PBC did not attend the moot.
The resolution passed by the convention advocated civilian supremacy and said that the bar councils would demonstrate peaceful protests in their respective bar associations in the shape of rallies and marches to defend and uphold the Constitution and rule of law.
It said every institution in Pakistan was under the Constitution and could not make even the slightest deviation. In a specific reference to the armed forces, the resolution said that the officials of all ranks, being the creation of the Constitution, are bound to act strictly in accordance with the Constitution and not indulge in any political activity whatsoever.
It also opposed trial of civilians in military courts — a plea against these courts is pending in the Supreme Court — and said every civilian was entitled to a fair trial and military courts were the negation of the fair trial, due process, and other fundamental rights guaranteed under the Constitution.
“All citizens being kept in the custody of military or intelligence agencies be transferred to the custody of the relevant and concerned civil law authorities for their presentation before civilian courts,” the SCBA resolution read.
It also demanded the immediate release of citizens who were detained illegally or due to their political affiliation. “Those responsible for their illegal arrest and detention should be proceeded against in accordance with law,” it read.
The lawyers body condemned “arrests, detentions and harassment of women for the last few months or so are strongly condemned and those found responsible for such acts be punished under the law”. The body also condemned the harassment of advocates performing their professional duties and demanded action against those responsible. It may be mentioned here that lawyers representing PTI chief Imran Khan, whose party is reeling after the May 9 violence, claimed harassment at the hands of state authorities.
The government or any of its institutions or officials should not be allowed to induce, pressurise or influence any judge for obtaining desired judicial verdicts and those found attempting to do so should be strictly punished under the law.
The SCBA also demanded general elections. The resolution stressed that no caretaker government could go beyond 90 days. “Therefore the caretaker governments in the Punjab and KP have already become unconstitutional and thus liable to be removed,” the resolution said, adding the upcoming general elections were required to be held within 90 days of the dissolution of the assemblies and all institutions were required to act in aid of the Election Commission of Pakistan (ECP) for the conduct of the elections.
The SCBA said all judicial verdicts of the courts passed in accordance with the Constitution and the law should be enforced and implemented by the executive and its officials in letter and spirit and those found responsible for defying such verdicts should be strictly punished under the law.
Likewise, all citizens are equal before the law and no military, civil or judicial office holders can claim any privileged status, immunity and concessions like free fuel, transport, electricity, gas etc. and such concessions be withdrawn immediately.
Likewise, the phenomenal rise in the prices of electricity, oil, gas, sugar and other commodities of common use be withdrawn and reduced and relief be granted to the common people. The convention also acknowledged the gravity of the economic situation and invited all stakeholders to engage in constructive dialogue to find solutions to address economic depression, offering the forum of this association for such discussions.
‘Creature of Constitution’
Veteran lawyer Hamid Khan said the legal community will not tolerate any institution digressing out of its constitutional boundaries.
The only way forward to come out of the present predicament the country is facing is strict adherence to the law and the Constitution and enforcement of the fundamental rights, he emphasised.
“The armed forces are the creature of the Constitution and it is their duty to remain confined within the four walls of the green book,” said Hamid Khan.
The senior army officers should be asked to go through their oath of office repeatedly which commands them to preserve, protect and defend the Constitution and not to take part in any political activity or indulge in any alleged political engineering, he said.
SCBA President Abid Shahid Zuberi asked for invoking Article 6 against the chief election commissioner for not adhering to the Supreme Court judgement of holding elections to the Punjab and Khyber Pakhtunkhwa assemblies on May 14.
Otherwise, the courts should lock their premises if they can’t implement their decisions, he said, adding despite the invitation, the Pakistan Bar Council (PBC) — the premier bar of the country — did not send any representation to the convention.
Sardar Latif Khosa demanded contempt proceedings against the former prime minister, ministries of law, defence, and interior for not implementing the Supreme Court judgement to hold the Punjab assembly elections on May 14.
Barrister Aitzaz Ahsan, in his speech, pleaded to Chief Justice of Pakistan Umar Ata Bandial to decide the military court case before his retirement. This decision, he said, would determine who was following the path of Justice Munir and who was following Justice Cornelius.
https://www.dawn.com/news/1774658/lawyers-call-for-strike-over-state-of-affairs-in-the-country
