SAHIWAL, Dec 23: Only parliament has the power to amend, validate or annul any unconstitutional act within the existing framework and the Supreme Court cannot give ‘validation’ to any unconstitutional act.

This was stressed with a demand for the restoration of superior judiciary to its pre-Nov 3 position by speakers at a meeting organised by the District Bar Association (DBA) here on Tuesday in honour of Justice Khalilur Rahman Ramday and Justice Mahmood Akhtar Shahid Siddiqui, the deposed judges of the Supreme Court and the Lahore High Court, respectively.

Enthusiastic lawyers, civil society activists and representatives of traders’ organisations pelted both the judges with rose petals when they reached the DBA Hall and chanted slogans for the restoration of superior judiciary.

Speaking on the occasion, Justice Ramday said no institution or decision-making body, except parliament, could amend, validate or undo any unconstitutional step. He said the Supreme Court not only justified the July 5, 1977, martial law but empowered the chief martial law administrator to make necessary amendments to the Constitution which, he called, were actual “violations”.

These constitutional “violations” were later made part of the Constitution through 8th Amendment by parliament which came into being after the March 1985 elections and the martial law was lifted on March 31, 1985, after the passage of the 8th Amendment.

He said the same course was adopted when Oct 12, 1999, ‘emergency’ was challenged and the Supreme Court again justified the imposition of emergency (martial law) and empowered the ‘chief executive’ to make necessary amendments to the Constitution. These amendments were later incorporated into the Constitution through 17th Amendment. He said it was interesting to note that in both cases it was Sharifuddin Pirzada who tailored the “violations” to the 1973 Constitution.

He said constitutional “violations” were done by all dictators by holding the Constitution in abeyance. But, once the Constitution was restored, all “violations” had to be either repealed or incorporated into the Constitution.

“No institution other than parliament can validate the constitutional violations,” Justice Ramday stressed, adding that this could be fully applicable to all Nov 3, constitutional “violations”.

“That is why I question as to how an unconstitutional act can be given legitimacy by an institution (Supreme Court) which itself is a product of an illegitimate act, and how an illegitimate act can validate another illegitimate act?” he went on to add.

“The issue of grant of legitimacy to any kind of unconstitutional violation lies with parliament only and not with any other institution how superior it may be,” he added. The Supreme Court could not justify any violation which was against the spirit of the 1973 Constitution and could only justify any act during the period the Constitution was held in abeyance, he added.

And the moment the Constitution was restored, all “violations” would become null and void unless these were made part of the Constitution before lifting of the martial law or any other similar deviation, he added.

“Only the Constitution can own or disown all violations within itself,” he stressed. Therefore, until any amendment was tailored within the existing framework, the Nov 3 acts were “illegal” and “illegitimate”, he said and added that it was main focus of the lawyers’ movement.

Justice Siddiqui, DBA president Tahir Shabbir, senior lawyer Rao Iftikhar Khalid and Rao Iqbal spoke on the occasion.

Later, both the judges inaugurated Justice Iftikhar Mohammad Chaudhry Hall and Library at the DBA.