ISLAMABAD: With the Supreme Court set to commence hearing challenges to the 21st Amendment on Wednesday, the Pakistan Bar Council has announced that it will hold countrywide protests against the law and become party in the petitions already filed in the apex court.

A bench comprising Chief Justice Nasirul Mulk, Justice Gulzar Ahmed and Justice Mushir Alam will take up a petition filed by the Lahore High Court Bar Association, which has requested the court to declare the 21st Amendment against the basic structure of the Constitution.

Take a look: Amending the constitution: precedents recalled

A meeting of the PBC – the country’s premier legal body – adopted a unanimous resolution on Tuesday to file a petition before the Supreme Court against the establishment of military courts.

The meeting, whose primary order of business was election of a new vice chairman, was initially presided over by its ex-officio chairman, Attorney General Salman Aslam Butt.

After the council elected Azam Nazeer Tarar as its new vice chairman, the attorney general left the meeting because he cannot interfere in day-to-day matters of the PBC.

Then the meeting was chaired by Mr Tarar, who condemned the 21st Amendment and changes made in the Pakistan Army Act, 1952, and passed a strong-worded resolution asking the legal fraternity to observe a black day countrywide on Jan 29. Bar associations are required to hold protest meetings in their bar rooms and members must wear black armbands while appearing in courts.

The PBC expressed grave concerns on continued and undue interference of the military establishment in affairs of the state, especially foreign affairs and internal security.

The resolution observed that the PBC was extremely disturbed at the manner in which the 21st Amendment was passed by parliament. The establishment of military courts, it said, has severely undermined the principles of independence of judiciary and deprived citizens of a due process.

After detailed deliberations, the council decided to file a constitutional petition in the Supreme Court, challenging the amendment in light of fundamental rights guaranteed in the Constitution and its expected impact on the judicial system.

The PBC, the resolution said, remained mindful that parliament is the supreme legislative body and represents the will of the people, but stressed that even parliament couldn’t deprive citizens of their fundamental rights to a fair trial and appeal before superior courts of the country in case of a miscarriage of justice.

“The PBC is bewildered at the establishment of military courts in Gilgit and Baltistan as well as Azad Kashmir. Such an action is totally unconstitutional and will only encourage negative forces towards taking more extreme positions,” the resolution deplored.

The council expressed regrets over the Dec 16 massacre of children in the Army Public School, Peshawar, and strongly condemned this shameful act. “The council shares the grief suffered by the affected families and realises that the event has had a traumatic effect on the children of this country.”

The resolution also called upon the government to provide security to educational institutions.

Published in Dawn, January 28th, 2015

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