January 10, 2003	Friday	Ziqa’ad 6, 1423

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ISLAMABAD, Jan 9: Pakistan Bar Council (PBC) on Thursday called for the constitution of a high-powered parliamentary commission to examine the judgments, which the judiciary had delivered during the last three years.

The council along with other legal bodies has taken a stand that raising any issue of constitutional importance before the judiciary with its present composition was a futile exercise, as the judiciary has ceased to be independent.

The resolution, which was passed by the PBC with its new vice- chairman, Mian Abbas, in the chair, last week in Karachi was released to press on Thursday.

The PBC, in its resolution, said for ensuring the independence of judiciary a high-powered parliamentary commission should be constituted to go through and assess the judgments delivered on legal and constitutional issues during the period of Gen Pervez Musharraf and place the report for remedial action as deemed expedient for upholding the rule of law and Constitution.

It said the pre and post election scenario in Pakistan reflected Gen Pervez Musharraf’s outrageous attempt to usher in rule of his kings party in the country.

It said innumerable orders/ordinances promulgated by the military dictator in his attempt to keep leaders of the two major political parties out of the electoral process was a total mutilation of democracy and blatant negation of the people’s right to elect parliamentarians of their choice.

“The state machinery deployed for manipulating the election and withholding result for three days after the polls was a clear manifestation of the highest order rigging.”

It said despite every effort the king’s party could not muster even bare majority for which the state machinery was again utilised to force desertion and win over MNAs and for which anti defection provisions in the Constitution were held in abeyance.

“Despite all the force, fraud and trickery through a razor thin majority the king’s party managed the election of its PM. All key portfolio in the cabinet were given to deserter as reward for betraying their party.”

The PBC said in Balochistan convicted persons were released to procure a coalition government and in Sindh, the constitutional office of the governor was sacrificed and given to a person, who was absconder and fugitive from law for over a decade.

Many ministries were doled out to deny the largest party of the province the right to form government, it said.

The actual power brokers went on the rampage and after letting loose reign of harassment enabled the PM to procure the vote of confidence.

The council said even the parliamentarians were tricked in the National Assembly as well as four provincial assemblies, when they were categorically told that they were taking oath under the 1973 constitution but now the government claimed that LFO and other amendments through Presidential Orders had become part of the 1973 Constitution.

It said the transitionery constitutional deviation did not authorise Gen Pervez Musharraf to mutilate the Constitution of 1973.

It added that the instruments so made during the vacuum had to be put before the National Assembly which alone was competent to accept or reject the laws enacted during the period of constitutional deviation.

It said elections to the Senate had also been prolonged and deferred for ulterior motives with MPAs being forced to switch over loyalties.

It said upon the completion of the Senate, President’s election would have to be held under the Constitution of the Islamic Republic of Pakistan 1973.

The PBC demanded desertion clause as per original Article 63-A of the ‘73 Constitution be given full affect and those members, who had become turncoats be deserted to obliterate politics of horse-trading.

It said Gen Pervez Musharraf should forthwith relinquish the Army post and restrain DG Rangers, ISI, NAB & other state agencies from haunting the MNAs/MPAs to win them over to support the king’s party.

It said subjecting Pakistan INS was wholly unnecessary and an insult to the honour and dignity of Pakistan.

Gen Pervez Musharraf should seek review of the American administration decision and/or enforce reciprocity reminding the sacrifices and sufferance Pakistan endured in supporting American interests in the pre & post Cold War era in the world.