ISLAMABAD, Sept 29: Pakistan Bar Council, the apex body of the legal practitioners, on Sunday blamed the military government for siding with certain political parties and candidates, and said that state machinery was being used in support of parties and candidates of its choice.
The PBC said it strongly condemned that practice. The resolution released on Sunday by its secretary, Mohammad Arshad said: “It is open secret that the government officials including governors and chief secretaries are canvassing support for the candidates of PML(Q) and National Alliance and are distributing funds and other favours to help such candidates and to defeat candidates of other political parties.”
It said government’s support to certain candidates and political parties have seriously impaired the credibility, fairness, impartiality and transparency of the general elections.
The PBC also condemned tampering with the 1973 Constitution, which is more valued for its consensus than other thing, saying that the Legal Framework Order tantamount to rewriting the Constitution and for all practical purposes the country would be regulated by the LFO 2002, and not by the 1973 Constitution. “We strongly oppose and unanimously reject the Legal Framework Order 2002.”
The PBC “beseeched” all the political parties to undo the illegal and undemocratic Legal Framework Order in Parliament which would emerge in consequence of the forthcoming general elections because the LFO had mutilated the Constitution.
However, the highest body of the legal practitioners was divided on the issue of recent appointments in the superior judiciary.
The resolution which was passed by majority of 12-2, said it “disapproved” the role of the Judicial Consultees (Chief Justice of Supreme Court and Chief Justice of the concerned high court) in submitting to the wishes to the executive was in contravention of the principle laid down by the Supreme Court.
It said the PBC was of the view that the elevation to the superior courts should be strictly on the basis of merits alone and the appointment of Chief Justice of High Courts and elevation to the Supreme Court should on the basis of seniority.
The PBC said it took serious notice of the violations of the Judges Case by appointing junior judge as Chief Justice of the LHC and by appointing the senior puisne judge as ad hoc judge in the Supreme Court. “These appointments are the last nail in the coffin of the Judges Case and another blow to the independence of judiciary,” it said.
Chaudhry Mohammad Ashraf Wahahla, Vice Chairman and Malik Rab Nawaz Noon, member, opposed the resolution as they were of the view that appointment of the present Chief Justice of Lahore High Court was on the basis of his being senior-most judge of LHC because one judge senior to him had consented to be elevated to the Supreme Court and other’s case of seniority (Justice Fakhrunisa Khokhar) was subjudice before the Supreme Court.
The two dissenters were of the view that appointment of the Chief Justice of the LHC was absolutely in accordance with the Judges Case.
The meeting also condemned the US and UK threats to invade Iraq. It said that Muslim countries were being targeted with the intent to disarm and weaken them to expropriate their resources.
The meeting was attended by 14 members of the council.
