30 January 2005	Sunday	19 Zilhaj 1425

KARACHI, Jan 29: The Pakistan Lawyers Convention has opposed the 17th constitutional amendment and attempts to create a parallel judiciary, and expressed serious concern over untoward incidents in Sui, Dera Bugti and other parts of the country.

The convention was held at Shuhada-i-Punjab Hall of the Karachi Bar Association, City Courts, here on Saturday and chaired by Rasheed A. Razvi, Vice-Chairman of the Pakistan Bar Council. Office-bearers of the High Court Bar and many district bar associations attended the meeting.

The participants reiterated their resolve expressed at the earlier conventions of lawyers with regard to the 17th constitutional amendment, which they believed, had paved the way for the chief of army staff to remain as president of Pakistan in flagrant violation of the basic principles of the constitution. This had resulted in the incorporation of the Legal Framework Order in the 1973 constitution, thus destroying the basic features of the constitution, they maintained.

They were also of the view that it had destroyed the civil fabric of the country and had justified participation of the armed forces in politics and legislation. While critically analyzing the role of all those forces and political parties who were responsible for the approval of the 17th amendment, the convention called upon the entire legal fraternity, all political parties and the democratic forces in the country to forge unite and launch a struggle against the involvement of the armed forces in politics, as well as civil institutions. They resolved to struggle for the repeal of not only the 17th but all such other amendments.

The convention also took a serious note of the adoption of "The President to Hold Another Office Act-2004" by the parliament and termed it 'anti-democratic'.

The convention strongly condemned the government's attempt to create a parallel judiciary by establishing the federal court. It was a considered view of the legal fraternity that the malicious move behind establishing the federal court was to curtail and limit the jurisdiction of the high courts, particularly the powers of judicial review, commonly known as writ jurisdiction.

"It is very shocking to note that the so-called judges to be appointed on the federal court include public servants of grade 21 which militates against the independence of the judiciary. These judges will be appointed by the president and will take oath to obey the directions of the president and not to defend and uphold the constitution and the law of land. Their retirement age will be 68 years in contrast to the age limit of the judges of Supreme Court and high courts. This amounts to discrimination.''

The convention also expressed serious concern and resentment over the incidents in Sui and Dera Bugti in particular, and a political turmoil and unrest throughout Balochistan in general. In the considered view of the participants, the unrest, disputes and resentments were result of the longstanding demand of provincial autonomy by the federating units.

"Strangely, the federal authority, instead of settling the fundamental questions politically, is once again trying to use brutal state machinery to suppress the will of the people which may harm the country's solidarity.''

The convention demanded that all economic and financial resources of the federating units be placed in absolute control of the respective units; concurrent Legislative List under the 1973 constitution be abolished forthwith and its subjects be given under the legislative control of the provinces as promised by the framers of the constitution; and the question of provincial autonomy be settled without any further delay.

The participants further demanded that all political and economic disputes between federating units and the federation be decided through negotiations with political parties of various shades and their leaders.