KARACHI, Nov 27: Seventeen retired judges of the country have signed a declaration demanding the formation of a fresh interim government of national consensus in consultation with all political parties to hold free, fair and democratic elections without further delay.
The signatories include three former chief justices of Pakistan Sajjad Ali Shah, Ajmal Mian and Saeeduzzaman Siddiqui, and former judges Fakhruddin G. Ebrahim, Nasir Aslam Zahid, Wajihuddin Ahmed, Mushtaq Memon, Majida Razvi, Agha Saifuddin, Ali Mohammad Baloch, Rasheed A. Razvi, Deedar Hussain Shah, S.A. Sarwana, Kamal Mansoor Alam, Hamid Ali Mirza, Mamoon Kazi and Zafar Hussain Mirza.
“It is the first time in the country’s history that such a declaration has been signed by the senior judges of the country,” said former chief justice of the high court Fakhruddin G. Ebrahim, who read out the declaration at a press conference held at the Karachi Press Club on Tuesday.
Justice (retd) Wajihuddin Ahmed and Justice (retd) Majida Razvi were also present.
The declaration titled “Joint call for return to the constitution” demands revoking of the proclamation of emergency of Nov 3, 2007 and all laws, orders, directives and notifications issued in subsequence or in pursuance thereof, thereby restoring the status quo prevailing on Nov 2, 2007.
“As a necessary corollary, the Provisional Constitution Order 2007 and the Oath of Office (Judges) Order 2007 shall stand revoked and the Constitution is to be fully revived and all chief justices and judges are to be reinstated in their rightful positions as of 2nd November 2007,” it states.
It also demands the release of all lawyers, judges, members of civil society, human rights activists, journalists and political workers who have been detained ‘formally’ or ‘informally’ after the imposition of emergency rule and the withdrawal of all ‘false charges’ lodged against them. Besides, it calls for the removal of all gags, fetters and restrictions on the print and electronic media.
‘Emergency entirely unconstitutional’
The declaration says the emergency proclaimed by Gen Pervez Musharraf in his capacity as the chief of army staff was ‘entirely unconstitutional’.
It says: “The COAS has no constitutional power to impose an emergency and it is not possible for any person to hold the constitution in abeyance. The said proclamation is nothing more than the imposition of martial law.
“We strongly condemn the removal of the majority of Supreme Court and High Court judges throughout the country by way of the Oath of Office (Judges) Order 2007. The said order and all fresh oaths taken under the PCO 2007 have no legal or constitutional validity. We fully support the calls and resolutions of the bar associations and councils in this regard,” it adds.
The judges make it clear in the declaration that a return to democracy is impossible without the reinstatement of all chief justices and judges to their rightful positions as on Nov 2, 2007 inasmuch as a truly democratic state cannot function in the absence of the independent judiciary and the constitutional framework that ensures the separation of powers.
‘Polls no guarantee of democracy’
The declaration further states: “Elections, by themselves, are no guarantee of democracy. Moreover, elections held in the absence of an independent judiciary shall be merely an eyewash inasmuch as the judiciary is the ultimate arbiter of the freedom and fairness of any electoral contest.
“Any elections carried out under a de facto martial law and during the suspension of the constitution and fundamental rights shall be farcical. Such illegitimate elections shall never be accepted by the people of Pakistan and shall only promote instability.”
It terms the present interim government, formed by President General Pervez Musharraf, ‘partisan’ that lacks credibility and shall only detract from neutrality and fairness of any election.
“We strongly condemn the mass arrests and continued detentions of lawyers and judges and the fact that some (of them) have been placed under solitary confinement and are being tortured. We also condemn the thousands of arrests and continued detentions of members of civil society, human rights activists, journalists and political activists carried out since November 3.”
Curbs on the media
The declaration also criticises the closure of independent TV channels and shows its distress over the fetters and curbs placed upon the freedom of the media. Besides, it says the post-emergency amendments brought in various laws, including the Army Act, and the laws regulating the media were designed to have a chilling effect on the exercise of basic fundamental and democratic rights.
“The current state of affairs is entirely untenable and shall promote insecurity and instability in the nation as a whole and shall jeopardize the very future of Pakistan,” it observes.
Former judge of the Supreme Court Wajihuddin Ahmed, meanwhile, said the pre-poll rigging had already been started. However, he lauded the role of political parties which had boycotted the elections and called upon others to follow the suit in the larger interest of a democratic Pakistan.
