March 19, 2008	Wednesday	Rabi-ul-Awwal 10, 1429

BAHAWALPUR, March 18: Justice Wajihuddin Ahmad (retired) has criticised filing of a petition in the Supreme Court to obtain injunction against National Assembly’s proposed resolution to reinstate judges deposed under the Nov 3, 2007, Provisional Constitution Order (PCO) and termed it an intrigue against democracy and the judiciary.

Addressing members of the Bahawalpur High Court Bar Association and District Bar Association here on Tuesday, Justice Wajih, a Supreme Court judge who refused to succumb to the loyalty of the Jan 2000 edition of the PCO, also decried the hurriedly called full-court meeting of the apex court on Tuesday against the backdrop of current political situation emerging after March 9’s Murree Declaration, contemplating reinstatement of all judges deposed under the Nov 3 PCO. The former Sindh High Court chief justice, who also fought the Oct 6 presidential elections against Chief of Army Staff General Pervez Musharraf, as he then was, said the Supreme Court could not issue an injunction to stay parliamentary proceedings. He termed the filing of the petition as an intrigue against the verdict of the people of Pakistan, who had explicitly spoken in favour of democracy while denouncing dictatorship in Feb 18 general elections.

He said that sessions of provincial assemblies had not so far been convened only to hamper with the mandate the masses had given to mainstream political parties which were yet determined to implement their democratic agendas.

Justice Wajih said that real and genuine judges were those who declared the Nov 3 PCO void and unconstitutional soon after its promulgation.

The retired Supreme Court judge, who is now visiting bar associations in the country’s length and breadth to reinforce the lawyers’ struggle for establishment of rule of law, supremacy of the Constitution and independence of the judiciary erupted after a presidential reference was filed against Chief Justice of Pakistan Iftikhar Mohammad Chaudhry on March 9, 2007, said the Constitution was supreme and not the parliament and none of the courts could interfere in the working of the parliament.

But, he added, if the parliament enacted any law in sheer violation of the Constitution, then the Supreme Court could strike down any such law.

He said it was unprecedented that 63 judges of superior courts had refused to fall prey to the allegiance of the military dictator and they were not only removed, they were later detained in their houses.

He emphasised reinforcing the lawyers’ relentless struggle and said that it had reached at such a critical juncture that it needed more support to help achieve its objectives.

He urged the lawyers to identify their mistakes and adopt the process of self-accountability. Issuing warning that such lawyers had no place in the fraternity, who will be out to exploit their struggle and efforts, he also urged them to refuse compromising on principles. He also condemned Senator Latif Khosa for his criticism on Supreme Court Bar Association President Aitzaz Ahsan and said that such statements were detrimental to the objectives of the lawyers’ movement.

Bahawalpur High Court Bar Association President Abdul Subhan Chaudhry announced dismembering the association’s vice-president from Rahim Yar Khan district, Saad Shibli, for his uttering a statement against Aitzaz.