ISLAMABAD, Jan 28: Pakistan Bar Council, the apex body of the legal practitioners, on Monday said that appointment of Justice (retd) Irshad Hasan Khan as Chief Election Commissioner was “an insult to the constitutional post responsible for holding free and fair elections in the country.”
In a resolution released on Monday by PBC secretary Mohammad Arshad, the apex body stated that Justice Irshad Khan, by accrediting the “illegal” ouster of the elected government of Mian Nawaz Sharif, dissolving the assemblies and Senate, justifying the acts of usurpation by the army regime and even permitting Gen Pervez Musharraf to amend the Constitution cannot be accepted to protect peoples rights in the election for determination of the future government.”
“He has been rewarded for his support rendered to the army rule and hence being partisan has rightly been rejected by the various shades of public opinion.”
The PBC resolved that for establishing a stable elected government, it was of paramount significance that the Election Commission of Pakistan was manned by a person of unimpeachable reputation.
The PBC demanded that appointment of Justice (retd) Irshad Khan as CEC be rescinded forthwith and instead a judge of Supreme Court of “unimpeachable character” be appointed with all the necessary powers to hold free and fair elections.
The lawyers body also demanded that judges of the Supreme Court or high courts of the Islamic Republic of Pakistan should not be re-appointed to any post as it infringed upon the independence of judiciary.
The PBC also condemned the elevation of junior judges of the Lahore High Court to the Supreme Court of Pakistan which was clear violation of principles of law settled by the Supreme Court in the Al-Jehad Trust and Mali Asad Ali cases.
The PBC decided to file a petition in the Supreme Court under Article 184(3) of the Constitution calling in question such appointments.
The body authorised its Vice-Chairman H. Shakil to file the petition as early as possible. A special committee consisting of H. Shakil Ahmad, Rasheed A. Rizvi, Qazi Mohammad Anwar and Hafiz Abdul Rahman Ansari was constituted for the implementation of the resolution.