LAHORE, Nov 14: Supreme Court Bar Association President Hamid Khan has called upon the politicians to take a stand on principles and refuse to accept the supremacy of the military over the civilian authority.

He was speaking as the guest of honour at a Lahore High Court Bar Association meeting held here in connection with the Constitution Day, observed countrywide by the lawyers on Thursday.

Hamid Khan said that the formation of the civilian government was being delayed because those living by sword wanted to dictate their terms. They wanted to form a puppet government and get the Legal Framework Order 2002 validated from it.

He said that although the conditions were unpleasant but the Bar hoped that the politicians would take a stand on principles and would not sacrifice the permanent interests of the country over their temporal vested interests.

People would never forgive the politicians yielding to temptations at the present critical juncture of the national history.

He said that all the political parties had, at the all parties conference convened by the Lahore High Court Bar Association here on August 17 this year, signed a joint declaration with the Bar.

The lawyers hoped that they would honour the commitments made by them in respect of fresh election of the president under the 1973 Constitution; total rejection of the LFO; repeal of Article 58 (2) B of the Constitution bestowing discretionary powers to dissolve the government and the assemblies on the president; rejection of the National Security Council for being against the concept of the supremacy of the civilian authority and the constitutional amendments restricting the independence of judiciary.

He said that the present situation in which the political parties were opposing the arbitrary amendments made in the Constitution through the LFO had developed as a result of the struggle of the Bar which appeared weak for not carrying the sword but was otherwise strong.

The rule of law would prevail over the rule of the sword as a result of Bar’s struggle.

He said that the Pakistan Bar Council and the Supreme Court Bar Association had made concerted efforts to mobilize the opinion of every section of the society concerned with the law and the constitution against the unconstitutional acts of the government eversince the announcement of the Supreme Court order of May 12, 2002, validating the rule of the present extra-constitutional regime for three years.

A review petition was also filed against the order through which the apex court had given the rulers the powers to make the big mischief and distort the constitution.

He said that the joint electorate restored through the LFO was a part of the 1973 Constitution repealed by the late Gen Ziaul Haq whereas the reduction in the voters age to 18 years had also been proposed in it after two general elections and was thus due.

Justice Sharif Husain Bokhari (retired) said that the LFO was unconstitutional and had been promulgated in flagrant violation of the Supreme Court decision in Zafar Ali Shah case through which the extra-constitutional step of Gen Musharraf had been validated.

He said that the concept of vesting the president with the arbitrary power to dissolve the assemblies was a negation of the supremacy of parliament whereas the National Security Council had been thrust as a supra parliament and would pave the way for the involvement of the military commanders in the politics.

He said that the LFO still required validation by parliament despite some good constitutional amendments like increase in seats in assemblies, reservation of special seats for women and reduction of the voters age limit to 18 years.

Barrister Malik Saeed Hasan said that the army was subservient to the civil authority even during the British rule. The constitution adopted after the independence also recognized the people as the law makers but the army rulers had replaced the rule of law with the rule of the sword.

He said that the lawyers could retain their professional dignity only in a society where the rule of law prevailed. They would be reduced to supplicants in a lawless society.

Pakistan Bar Council member Hafiz Abdul Rehman Ansari said that the country was witnessing a tug-of-war for power between the establishment and the civilians. He said that the present crisis was the result of the validation of the extra-constitutional act of Gen Pervez Musharraf and allowing him to make constitutional amendments by the Supreme Court three years ago.

He said that the politicians would not be able to hold the ground in case they started retreating.

LHCBA’s former president Kazim Khan said that whenever the army had seized power in our country it had mutilated the constitution. He said that the present political crisis in which the political parties were unable to form the government had been brewed by the intelligence agencies.

LHCBA Secretary Shahid Mahmood Bhatti and Vice-President Khawar Ikram Bhatti said that the newly-elected representatives of the people should discharge their national duty of defending the constitution by courage and forbearance.