ISLAMABAD, Jan 6: Pakistan Bar Council, the apex body of legal practitioners, on Monday said that Legal Framework Order 2002, was not part of the Constitution, and three years’ extension in the retirement age of superior courts judges was a “dubious gift from the military rulers” to the judiciary.
Asking the judiciary not to accept the extensions in their retirement age through LFO, the PBC said that it would write to every judge of the superior court to retire in an honourable manner, or else, the bar members would regard them as usurpers and a moment would be launched for their removal.
The parent body of legal practitioners, said that the extension given to judges had undermined the independence and credibility of the judiciary.
In a hard-hitting resolution, which was passed by the Pakistan Bar Council in its meeting presided over by its Vice-Chairman Mian Abbas, said that PBC condemned the extension in the judges’s retirement age of the superior courts under an amendment to the Legal Framework Order on Oct 9, 2002.
“In the Council’s opinion, it is an ill-gotten gain received from an illegitimate regime under an invalid and unconstitutional document in the stealth of night,” it said.
The resolution, which was adopted by the PBC in its meeting on Jan 4 in Karachi, was released by Secretary, Pakistan Bar Council on Monday.
The PBC said that such an amendment, apart from being unnecessary and violations of the settled question of retirement age under the Constitution, had incapacitated the judiciary from examining and adjudicating upon the legality and constitutionality of the LFO or any provision, thereof, being the beneficiaries under the same.
The PBC reiterated its position that the LFO was not part of the Constitution and its provisions could not change or alter any constitutional provisions including the matter of retirement age of judges fixed under the Constitution.
The PBC said: “The Council calls upon the judges not to accept this dubious gift from the military rulers and renounce the same and retire honourable on attaining the age of superannuation fixed under the constitution, unadulterated by the LFO.”
The first session of the meeting was presided over by the Attorney-General for Pakistan Makhdoom Ali Khan, in his capacity as Chairman of the PBC. In its first session, the Vice-Chairman was elected unopposed. The newly elected vice-chairman is from Multan.
The second session in which the resolution was adopted was presided over by newly elected Vice-Chairman, Mian Abbas.
The PBC, while approving the joint declaration agreed upon by the representatives of the Bar Councils and political parties on Aug 17, 2002, decided that it would continue its struggle for the restoration of the Constitution of 1973 and rule of law.
The PBC said that for the achievement of their objective a National Conference of Lawyers’ Representatives would be held on Feb 1, 2003 at the Supreme Court Bar Association office at Islamabad.
