LAHORE, May 5: Prime Minister Syed Yousuf Raza Gilani is still the legal and constitutional chief executive of Pakistan, although he has lost all moral or political legitimacy to hold the office, Pakistan Bar Council (PBC) vice-chairman Akhtar Hussain said on Saturday.

In reply to questions at a press briefing after a lengthy all Pakistan lawyers representatives’ meeting, he said the conviction of the prime minister in a contempt of court case was a constitutional and legal issue.

He said the prime minister had the right of appeal and a reference was required to be forwarded to the speaker of the National Assembly for his disqualification.

About a long march announced by opposition parties, the PBC leader said the lawyers would take their own decision on the issue and would not become a tool in the hands of any political party.

The lawyers’ leaders unanimously rejected a proposal for appointment of acting or ad hoc judges in the Supreme Court, particularly in view of the fact that the post of a permanent judge had been vacant for months.

They said that in order to overcome any difficulty in meeting the requirement of quorum for an appeal to be filed in the prime minister’s case, the judicial commission should urgently fill the permanent vacancy, preferably following the principle of seniority.

Mr Hussain, who presided over the meeting, said the bar leaders were of the unanimous view that issue of formation of the bench for hearing the appeal in the contempt case was premature at this stage and it would have been appropriate to constitute a bench after the appeal was filed.

Once the permanent vacancy is filled and after Justice Anwar Zaheer Jamali returns to the bench, there will be at least eight judges available to hear the appeal.

He said appointment of ad hoc judges had been discouraged in judgments of Supreme Court itself.

Such an appointment can only be made after approval of the president on the advice of the prime minister. Thus this practice will create another deadlock and is not a solution to the hurdles being claimed by the Supreme Court, he said.

About a proposal to elevate a senior judge of the Lahore High Court to the apex court as an acting judge, PBC executive committee member Mohammad Ahsan Bhoon said the bar had no objection but he should be appointed a permanent judge.

Mr Hussain said the lawyers’ representatives had also questioned the proceedings of the judicial commission and demanded transparency in them.

He said all democratic institutions were weak and needed to be strengthened, but none of the political parties was playing its due role.

The meeting unanimously adopted a resolution calling for the appointment of a permanent chief election commissioner so that Justice Shakirullah Jan could return to the bench.

The bar leaders expressed apprehension that serving judges should not be involved in election controversies and political forces should spare them from political controversies.

The lawyers noted with concern that all the high courts were working with about half of their sanctioned strengths.

A committee headed by the PBC vice-chairman will meet the chief justice before a meeting of the judicial commission scheduled for May 7 to convey to him the point of view of the bar.

The committee was mandated also to meet the leader of opposition, the president and other political leaders to help resolve the political deadlock.

The bar leaders expressed concern over the war-like situation in Balochistan and Lyari and condemned the killing of innocent people. They called upon the government to maintain peace.

The meeting condemned an incident where a shoe was hurled on a judge by a lawyer in Faisalabad and asked the Punjab Bar Council to take immediate action on the matter.

Representatives of the PBC, Supreme Court Bar Association, Sindh Bar Council, Balochistan Bar Council, Lahore High Court Bar Association, Peshawar High Court Bar Association, Balochistan High Court Bar Association, Khyber Pakhtunkhwa Bar Council, Punjab Bar Council and former SCBA chiefs Tariq Mahmood and Asma Jehangir attended the meeting.