PESHAWAR, Feb 18: Deposed Chief Justice Iftikhar Mohammad Chaudhry said on Wednesday that any further delay in undoing the unconstitutional action of Nov 3 would only complicate legal and political scene of the country.
“There are serious challenges to our national integrity and security of people. Our survival lies in having more democracy and strong parliament and a truly independent system of judicial administration, which enjoys the trust and confidence of people,” Justice Chaudhry said while addressing a lawyers’ convention organised by NWFP Bar Council on the premises of Peshawar High Court.
Justice Chaudhry arrived from Islamabad ahead of a vehicular convoy to a rousing welcome by hundreds of lawyers, political activists and civil society members. His vehicle was first showered with rose petals at the entrance to Peshawar and then at the high court.
The venue of the convention reverberated with sloganeering when Justice Chaudhry arrived. During his last address in Peshawar in May last the most popular slogan among the lawyers was “Go Musharraf Go” but on Wednesday it changed into “Go Zardari go.”
Condemning the issuance of show cause notice to Barrister Aitzaz Ahsan by PPP secretary general, the lawyers’ representatives announced that Yum-e-Aitzaz (Aitzaz Day) would be observed across the country on Feb 19 during which bar associations across the country would pass condemnation resolutions.
The convention also lauded signing of a peace declaration for restoring peace in Swat and demanded of the government to provide compensation to the affected people.
“Successive military interventions and dictatorial systems brought untold sorrow and agony for our nation and it caused the dismemberment of the country in 1971,” Justice Chaudhry said, adding that it had led to regional unrest, rather insurgency within the country.
“The NWFP and Balochistan are bearing the brunt. They are in turmoil and the unrest is spreading to other areas,” he said. The deposed chief justice in length recalled various military interventions and the role of judiciary in validating it.
Justice Chaudhry said that the March 9, 2007, action had resulted in a mass movement, led by the legal fraternity and duly supported by the political parties and civil society. He added that the said movement changed the political scenario of the country.
He stated that no sooner the Nov 3, 2007 proclamation of emergency and PCO were issued, a seven-member bench of the Supreme Court declared it as unconstitutional and invalid.
Justice Chaudhry regretted that the PCO judges of the Supreme Court validated the Nov 3 action on doctrine of “necessity”. However, he added that the court validation had not yet been backed by the parliament, as the newly elected members refused to take oath under the amended constitution.
He said that parliament had declared that it would not grant indemnity to the Nov 3 action and PCO, which was an encouraging response.
“Democratic development and sovereignty of parliament have a close nexus with independent judiciary. Only independent minded judges could back democratic government and implement rule of law,” he added.
The Supreme Court Bar Association president Ali Ahmad Kurd said that Feb 18 2008, was a historic day in the history of the country when due to the lawyers’ movement the supporters of General Pervez Musharraf faced crushing defeat.
He claimed that the March 12 long march and March 16 sit-in in Islamabad would prove another Feb 18 in the history of the country.
A deposed judge of PHC Justice Ijaz Afzal Khan stated that in Sept last a Senator from his area approached him and requested that he should take fresh oath for the sake of the institution. However, he added that he told him that the issue was now related to the entire nation and not a single institution.
Justice Ijaz Afzal said that Pakistan was created by the legal fraternity and when Justice Iftikhar Chaudhry was made non-functional they again rose to save the country.
He said that in 1984 a survey was conducted in the USA and the results showed that the USA was a super power not because of scientific advancement but because of rule of law and supremacy of the constitution.
Former president of SCBA, Aitzaz Ahsan, said that in the long march lawyers, civil society members and political workers would move towards Islamabad from all asides and they would stage a historic sit-in, which would only culminate with the restoration of Pre-Nov 3 judiciary.
He said that lawyers’ movement was not for personal gains of any individual rather the entire struggle was to save the country.
The convention was also addressed by SCBA former president Hamid Khan, PHCBA president Lateef Afridi, NWFP Bar Council vice chairman Ahmed Farooq, Punjab Bar Council vice chairman Asif Ali Malik and others.
Through a unanimously adopted resolution the convention called upon the parliament to restore the pre-Nov 3 judiciary before the lawyers’ long march.
The convention, through another resolution, urged the government to take action against General Musharraf under Article 6 of the Constitution. It regretted that by sparing General Musharraf the present government had breached the mandate of people given to it on Feb 18 last year.































