ISLAMABAD, Sept 2: Pakistan Bar Council on Monday said there is no need for promulgation of the defamation ordinance and it will effect the freedom of press.
“Since the remedy with regard to criminal liability was available under Sections 499 and 500 of Pakistan Penal Code, there was no need of promulgation of the proposed ordinance as it would amount to multifarious mess of laws and would also have the effect of curtailing the independence and freedom of press,” the PBC legal reforms committee said after examining the draft law referred to the council by the government for comments.
The PBC also condemned the Legal Framework Order and said it was aimed at amending the Constitution for “perpetuation of dictatorial rule.”
An announcement by the PBC secretary stated that the committee was of the considered view that the military government had no right to amend the Constitution, even on the pretext of having been empowered by the Supreme Court to do so.
“When the Supreme Court itself has no power to amend the Constitution how it can delegate such a power to someone else,” it said.
The PBC is of the view that it is exclusive prerogative of the elected parliament to amend the Constitution and that too in accordance with the procedure laid down in the Constitution.
The committee meeting, presided over by Abdur Rahim Kazi, was attended by Hafiz Abdul Rehman Ansari, Rasheed A. Razvi and H. Shakil Ahmed.
The committee opposed the Asian Development Bank loan for judicial reforms. It said that the sanction of $350 million loan for Access to Justice Programme would not only subject the judiciary to restraint but would also result in putting the nation under liability for generations to come.
The PBC asked the law, justice and human rights ministry to furnish information with regard to the loan and the amounts released and used so far, with details of expenses.
The committee expressed its concern over the mushroom growth of law journals. It said the same judgments were published by different journals.
