December 25, 2003	Thursday	Ziqa’ad 1, 1424

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ISLAMABAD, Dec 24: Lawyers’ representatives welcomed the decision of not giving any extension to the judges of the superior court, but expressed their reservation on the other clauses of the government-MMA deal on the Legal Framework Order.

Hamid Khan, former president of the Supreme Court Bar Association, and SCBA President Tariq Mehmood told Dawn that the withdrawal of the extension in the retirement age of the judges was good. It was the beginning of independence of the judiciary, the said.

Hamid Khan said the extension in the retirement age of the judges was an illegitimate gain of the judiciary by legitimizing the military takeover under the doctrine of necessity.

Mr Khan noted that there was no provision in the Constitution to make an serving army officer president of Pakistan by giving him vote of confidence. He said the lawyers would not accept him as legitimate president of the country even if he obtained vote of confidence.

About the appointment of new chief justice, he emphasized that the principle of seniority should be upheld. The local government system should have been taken out from the Sixth Schedule, he added.

SCBA President Tariq Mehmood said that refusing extension to the superior court judges was good, but added that the stand of lawyers on other issues remained the same.

He suggested that the judges of the country learn a lesson from the fate of “usurper judges” that without the support of the bar, they had not value.

He said the SCBA had written letters to all the judges who had attained the constitutional age of retirement to go home, but they had paid no heed to such pleas.

The SCBA chief remarked that Gen Pervez Musharraf had admitted that he was not a valid elected president and had thus agreed to seek vote of confidence. He added that the bar would not accept him as president of Pakistan unless he was elected through the mechanism given in the Constitution.

Mr Mehmood said the SCBA would reconsider its decision of not agitating any matter of constitutional importance before the Supreme Court if the latter showed signs of independence. The principle of seniority should be upheld in the appointment of chief justice of the country, he added.