LAHORE, Oct 26: Justice Wajihuddin Ahmad (retired), a former Supreme Court judge, has alleged that the judges are violating their constitutional oath by refusing to decide political questions.

“The judges cannot absolve themselves of their duties by saying that parliament should have done it,” the former judge said at a conference organised by the Liberal Forum Pakistan at the Lahore Press Club.

“The Supreme Court’s responsibility is to defend the Constitution and oversee the balance among different organs of the state. If parliament is not dispensing with its required task, the court should step in and make sure that it did so,” he said.

He said he was not satisfied with the role of some political parties. “We are dismayed especially at the role of Maulana Fazlur Rehman. Had he not blocked the dissolution of the NWFP assembly, the Supreme Court could have stayed the presidential elections”.

He said it appeared as if the PPP was deceived by the establishment and there were strong chances that it joined hands with all the forces busy in overthrowing the regime. Acknowledging the role of the street movement in the chief justice’s restoration, Wajih said a change did not always require rallying on roads, burning tyres and chanting slogans, but it could be achieved through peaceful measures.

“We are trying to bring about a change in the mindset of the people which would ultimately revolutionise the system,” he said.

Asked whether or not the Supreme Court verdict would be acceptable to the government, Wajih said Gen Musharraf would have to accept the judgement because a deviation from the constitution would not be acceptable. The lawyers were convinced that if the general elections were held on the basis of adult franchise, Gen Musharraf would not find any space in any future dispensation.

He said Gen Musharraf, according to the constitution, would be able to retain the office of the president till the next general elections in case the Supreme Court decided the petitions challenging his candidature against him. “However, he would have to take off his uniform at all costs till Nov 15,” he added.

Although the lawyers’ political inclinations were known, he said, they would refrain from forming a political party because such a step would dent their unity.

Professional Group head Hamid Khan said it was a long-standing demand of lawyers to put to trial the references pending with the Supreme Judicial Council. He demanded that the references, pending against the chief justice of the Lahore High Court, also be heard as soon as possible.