ISLAMABAD, Feb 1: Representatives of lawyers community said on Saturday that the Legal Framework Order was not a part of the Constitution, and called upon parliament to consider it a mere proposal for constitutional amendments and reject

those portions which undermine parliamentary form of government, process of presidential election, and independence of judiciary.

The bar associations’ representatives, who assembled here on the call of Pakistan Bar Council to attend National Conference of Lawyers Representatives, criticized the superior judiciary for “colluding with the unconstitutional regime” and accepting the “dubious gift of three-year extension in their retirement age”.

Lawyers also held a protest demonstration after the conference. Led by Mr Hamid Khan, president of the Supreme Court Bar Association, lawyers gathered at the Constitution Avenue, carrying placards inscribed with slogans against the LFO and extension in judges retirement age. They also vowed to continue their struggle for the restoration of the Constitution.

Speaking at the conference, the lawyers’ representatives said that extension in the retirement age of judges was an act of reciprocity of the military government, “which was given three years by the judiciary which it returned by extending the retirement age of judges by three years.”

The conference also adopted five resolutions unanimously. The lawyers said they were deeply disturbed over the continuing uncertainty caused by the LFO. The country, they said, was facing an anarchic situation regarding its basic law, which was seriously eroding the effective constitutional legal order in the country.

The lawyers said they were of considered view that the 1973 Constitution was the only Constitution of Pakistan which was agreed upon by all political parties and great care should be taken to preserve it. “Any amendment attempted to be introduced through the LFO by an individual would contaminate the Constitution and undermine its sanctity.”

The conference called upon parliament to consider the LFO as proposals for constitutional amendments free from all extraneous pressure, and reject those portions which undermine parliamentary form of government, process of presidential elections and independence of judiciary.

Through another resolution, the conference said extension in the retirement age of judges was a blatant violation of the principle of independence of judiciary. “It is an ill-gotten gain obtained from an illegitimate regime in the stealth of the night under an invalid and unconstitutional LFO.”

The conference appealed to the judges who have passed the age of superannuation to retire voluntarily and honourably.

The bar representatives asked those judges who otherwise would have retired but were continuing because of LFO to leave the institution, or the bar would be compelled to take action.

They said that if the judges did not repudiate the “dubious gift”, the lawyers community would launch a movement. In the first step they would observe a black day on March 8, hoist black flags over bar association buildings, wear black badges and hold protest meetings at bar offices.

In the second step, lawyers would hold conventions in the federal and provincial capitals. Dates in this regard would be finalized by an action committee.

The lawyers’ representatives also expressed concern over the fact that superior court judges had not taken oath under the Constitution despite restoration of the Constitution. They said it was causing a serious constitutional crisis because the judges had not committed themselves to preserve, protect and defend the Constitution by making oath to do so.

The conference also took note of the press reports that the government might not invite some of the judges at the time of fresh oath. The lawyers said that such an exercise of pick and choose among judges, who had not retired under the Constitution, would be most unfortunate and a fatal blow to the independence and credibility of judiciary.

It further resolved that unless superior judiciary renounced the benefit of extension in their retirement age, no purpose would be served by challenging the LFO before the superior judiciary.

“This conference resolves to mobilise the entire legal fraternity to protest against the LFO and called upon all former judges of the superior judiciary to come forward and lend their moral authority for the cause of the rule of law by participating in the conventions and conferences to be held in the future in this regard,” it said.

The conference deplored the arrogant insistence of the US on taking a unilateral military action against Iraq, and called upon the government to vote in the Security Council against the resolution for military action against Iraq.