KARACHI, April 6: The Sindh High Court Bar Association has rejected General Pervez Musharraf’s move for holding referendum to perpetuate his military rule.
In a resolution adopted by the managing committee of the SHCBA, chaired by its President Abul Inam, it resolved not to sit as a silent spectator and allow a such state of affair to continue.
“It cannot endorse any action which infringes and subverts the constitution,” said the resolution, signed by SHCBA secretary, Khalid Javed.
“It is a matter of serious concern for the legal fraternity that General Pervaiz Musharraf after the overthrow of an elected government on Oct 12, 1999, had indulged in wholesale exercise of adopting extra-constitutional devices by promulgating provisional constitutional orders to perpetuate himself. In that he has mutilated and disfigured the constitution and at times issued proclamation altogether infringing and ignoring the provisions under the Constitution whereby permanent judges of the apex court were constrained to step down. In the case of provincial high court judges have been removed in a most unceremonious manner.
The judgment in the cases of Syed Zafar Ali Shah and Muharram Ali by no means enable and authorise the Chief of the Army Staff to amend or by pass the Constitution to give legal cover to all his actions, it noted.
Now the situation has become further grave and alarming while the entire government machinery is engaged in propagating in favour of so-called referendum which is nothing short of device also resorted to in the past by late General Zia to perpetuate the COAS in the office of president.
The SHCBA maintained that such an exercise was violative of Article 41(3) of the Constitution which envisages the election of the President only by elected members of Majlis-e-Shoora and members of the provincial assemblies.
It is indeed regrettable that while it is loudly claimed by General Musharraf that general election shall be held in October 2002 as per time-frame envisaged in the case of Syed Zafar Ali Shah by the Supreme Court of Pakistan, the present exercise of holding referendum raises serious doubts as to holding of election or at least the same being fair, transparent and un-engineered, the association resolved.
The SHCBA urged the rulers to refrain from indulging in unconstitutional exercise and simply concentrate in holding elections and peacefully transfer of power to the elected representatives.
City lawyers Khawaja Naveed Ahmed and Mehmood A Qureshi said that the country needs political stability and decision by the present government for holding a referendum is timely.
