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| 21 March 2004 | Sunday | 29 Muharram 1425 |
Lawyers plan protest on 26th
LAHORE, March 20: A national conference of representative lawyers on Saturday called for a nationwide protest on March 26 against the Wana operation, saying the campaign had put the unity of the country at stake.
The conference attended by leadership of the four provincial bar councils and bar associations across the country, said in a resolution that the regime was killing innocent people in tribal areas to appease Washington.
Lawyers eye protest on 26th
LAHORE, March 20: A national conference of lawyers on Saturday issued call for a nationwide protest on March 26 against the operation in Wana and other tribal areas, describing it as "a conspiracy being hatched against the country at the behest of Washington."
Bar councils and associations from across the country were asked at the conference, called jointly by the Pakistan Bar Council and the Lawyers Join Action Committee, to hold protest meetings to express solidarity with the FATA people being killed in the operation.
According to a resolution, the operation had endangered the country's integrity as it had been initiated to advance a US agenda and protect its interests to perpetuate the 'unconstitutional' rule of Gen Pervez Musharraf.
Hard hitting speeches were delivered at the moot, the first after the new bar leadership emerged throughout the country in elections held between December 2003 and February this year. The lawyers blasted the Musharraf regime, saying that the civil-military government had created a situation as critical as that saw the dismemberment of Pakistan.
Chaired by Pakistan Bar Council vice-chairperson Qazi Muhammad Anwar, the conference adopted a number of resolutions and also accorded approval to the proposal of Lahore High Court Bar Association President Ahmad Awais, who sought the trial on the high treason charge of all the subverters of the 1973 constitution.
The subverters, according to the proposal, would stand trial under article 6 of the constitution before a tribunal of jurists to be constituted by a "grand assembly of senior jurists." It would identify the generals, politicians and judges responsible for the offence, and frame a chargesheet against them.
It would also constitute a tribunal to try them for abrogation of the constitution in a manner provided by the CrPC.
The moot gave Mr Awais 10 days to prepare and submit a working paper on his proposal, which would now be taken up by the LJAC at its next meeting in Islamabad on April 17. The meeting would work out modalities of the trial and determine a criteria for listing such people, who would ultimately be charged with subverting the constitution.
17th AMENDMENT: The conference unanimously rejected the 17th Amendment to the constitution, terming it an extra-constitutional measure that had replaced the federal parliamentary democracy with the presidential form of government.
A resolution said the amendment sought to confer on Gen Pervez Musharraf the status of president and legitimize the referendum conducted by him in contravention of the spirit of the constitution.
Besides, it had also encouraged and patronized the way for illegal floor-crossing of legislators in the National and provincial assemblies to help Gen Musharraf and his beneficiaries consolidate their political position.
The resolution said the amendment allowed judges of superior courts to continue in their office without taking fresh oath under the constitution.
AUTONOMY: The lawyers said the 17th Amendment had alsobeaten concept of a federation and taken away the remaining provincial autonomy. It had deleted police and local government laws from the provincial legislation, which signalled threat to the federal structure.
The conference took strong exception to registration of an FIR against the leaders of the Pakistan Oppressed Nationalities Movement (PONM), who were prevented from holding a peaceful public meeting in Islamabad in January. "The FIR is not against the PONM leaders, but three smaller federating units," the delegates told the conference.
They said the smaller units were being pushed to a situation where they would be forced to demand a new constitution and social contract among provinces.
The resolution also criticised the 17th amendment on the plea that it had undermined the sovereignty of the elected parliament, which was not taken into confidence on the question of the Legal Framework Order (as it was not presented for debate in the National Assembly).
Besides, it restricted the powers of parliament to legislate on the NAB ordinance, the State Bank of Pakistan, election laws and statutory provisions on political parties. The clandestine way of pushing the NA to pass the 17th Amendment spoke high of the malafide intentions of the regime, according to the resolution.
SUPREME COURT: Through another resolution, the lawyers expressed concern over the delay in appointment of judges against vacancies in the Supreme Court.
It said the delay amounted to violating the judgment of the apex court in the Al-Jihad case of 1996, which required filling of vacancies within 30 days of their occurrence. The conference felt that the delay was meant to keep the high court chief justices in office.
The resolution demanded of the chief justice to send, as part of his constitutional duty, a requisition to the federal government to fill vacancies. It also demanded that no retired judge be posted against any of the vacancies.
MMA: The moot condemned through another resolution the MMA for striking a deal with the government on the LFO in violation of its several undertakings to the legal community.
Declaring the politico-religious alliance as an "undependable" entity, the conference decided that its leaders and legislators would not be invited to any of the bar functions.
Resolutions seeking the permission for Benazir Bhutto, Nawaz Sharif and Shahbaz Sharif to return home to play their political role and release of Asif Ali Zardari, Makhdoom Javed Hashmi and Allama Sajid Ali Naqvi, were also adopted.
Yet another resolution rejected the bill to enact a National Security Conference and called upon parliamentarians to vote against this "supra-constitutional body."
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