KARACHI, Feb 28: All acts done and orders made by Gen Pervez Musharraf on Nov 3, 2007, were not only unconstitutional but also fell within the ambit of ‘high treason’ and were cognizable under Article 6 of the Constitution, deposed Sindh High Court judge Anwar Zaheer Jamali told a general body meeting of the SHC Bar Association here on Thursday.
The meeting was also attended by two other deposed judges, Mushir Alam and Khilji Arif Hussain, but was addressed only by Justice Jamali, an SHCBA press release said.
Welcoming the deposed judges, SHCBA President Rasheed A. Razvi said the legal fraternity was proud of their refusal to take an oath under the provisional constitution order of Nov 3, 2007. He advised all deposed judges not to sit with the judges who have taken an oath under the PCO after their restoration. The fraternity, he added, would frustrate all attempts to retain the ‘PCO judges’.
Justice Jamali later said the promulgation of emergency, suspension of the Constitution and imposition of the PCO on Nov 3, 2007, were void ab initio and coram non judice (actions without authority). All the unlawful measures were taken to nullify the Supreme Court decision.
Condemning the allegations that the judiciary was supporting terrorism in Pakistan, he termed them malicious. The judiciary never attempted to sabotage ‘the war on terror’. The Supreme Court judges who passed orders in the Lal Masjid (Islamabad) case, he said, were invited to take an oath. The function of the judiciary was to administer justice, which was successfully done till Nov3, 2007. To maintain law and order was the duty of the government, which could not be shifted to the judiciary.
About the role of the judiciary in the past, he said reliance on the doctrine of necessity was unlawful and incorrect. The judiciary, which has no jurisdiction or authority to amend the Constitution, conferred the power on a military ruler, who defaced the Constitution.
Deploring the economic conditions, he said the nation was misled by incorrect figures and statistics during the last seven or eight years. Shortage of wheat flour, ghee, gas, electricity and cement were sufficient to falsify the government’s claim of economic development. The February 18 elections were a referendum on the government’s policies and the people decided to reject the king’s party and its rule. “One scene is being played and replayed for the last 60 years and it should now be completely changed,” the deposed judge said.
He congratulated the lawyers, including the SHCBA members, for launching a struggle on March 9, 2007, and continuing it despite heavy odds. He also praised the print and electronic media for their contribution to the movement for the independence of the judiciary and the rule of law. He condemned the amendments seeking to curb the freedom of the electronic media.
Meanwhile, Advocates Faisal Siddiqui and Bilal Aziz Khilji observed a token hunger strike to press for the reinstatement of deposed judges.
