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KARACHI, Nov 8: Justice (r) Wajihuddin Ahmed who contested the recent presidential election against Gen Pervez Musharraf has remarked that superior courts in Pakistan have ceased to exist.
In his statement issued to the media on Thursday, he regretted that chief justices and judges were stripped off their robes with the imposition of the so-called emergency on the country. “The society is aghast on what has been let loose through and as a sequel to extra-constitutional measures announced on Nov 3,” he said.
Correspondingly, the chief justices and judges, besides being persecuted, stand incarcerated, Justice Wajihuddin claimed adding that basic facilities of life were withheld from them. A few, in violation of the Supreme Court order issued by seven judges, have been retained or inducted as so called judges but no one appears before them, he observed.
“The Bar leadership has, almost in totality, been picked up and interned; still the lawyers’ indignation and protest could not be stifled. Thousands of civil society members, led by the lawyers, have been taken captive or physically incapacitated. Many are either in solitary confinement or inhumanly packed in small cells, reminiscent of the Black Hole of Calcutta,” the former judge deplored, pointing out that all this, as confided by (ruling PML chief) Chaudhry Shujaat to the Washington Post, because the Supreme Court was poised to decide the election matter against General Pervez Musharraf.
“Even though a proclamation of emergency can only be issued by a president on the prime minister’s advice, the current one, in the train of the PCO-2007 and the Judges’ Oaths Order-2007, has been issued in the name of the COAS, albeit the COAS has no legal or constitutional powers in that behalf. Similarly, while the proclamation needs to be approved by the two houses of parliament, the approval on Nov 7 was given by a single party and single house. The lower house has further transgressed its authority by declaring the general as president-elect and also felicitating him,” he argued.
Justice Wajihuddin noted that the Supreme Court, where the matter was pending, had thus been unceremoniously bypassed. “Is it because there remain no judges in the court’s otherwise imposing edifice?” he questioned.
He hoped that the powers that be would pause and ponder over what had come about, the Constitution would be revived, judiciary restored and rule of law re-emerge.
Meanwhile, Justice Wajihuddin has directed his counsel to submit a miscellaneous petition in the Supreme Court office requesting not to place his petition against the chief election commissioner for hearing “till the Supreme Court is restored in all its glory.”
The UK Lawyers Committee for Human Rights and Justice in Pakistan has condemned the imposition of emergency on Pakistan and has decided to recommend to the Commonwealth to expel Pakistan from its fold.
Barrister Sibghatullah Kadri, chairman of the organisation, called for free, fair and transparent elections under an independent election commission.
He was talking to Dawn on Thursday before returning to London. During his stay in Pakistan, he held a meeting with deposed chief justice of Pakistan Justice Iftikhar Mohammad Chaudhry a few hours before the imposition of emergency on Saturday.
Barrister Kadri termed the imposition of emergency a proclamation of martial law, observing that the Constitution had been held in abeyance and human rights suspended. He claimed that the present situation had brought more harm to the country as the judges of the Supreme Court and the high courts had been humiliated and a majority of them had refused to take an oath under the Provisional Constitution Order (PCO).
He noted that in the Sindh High Court, only four out of 28 judges had taken an oath. Many of those who had agreed to take the oath complained of tremendous pressure, he claimed, adding that lawyers were also turning down the concessions offered by the government if they agreed to be made judges.
Barrister Kadri said that during his meeting with Justice Iftikhar Chaudhri, he had invited him to visit Britain, where the British Bar would offer him its life membership.
