Lawyers to march against judicial interference.
Bar councils reject 26th Amendment, demand Full Court hearing.
Legal fraternity supports journalists, opposes Peca Act changes.
LAHORE: Lawyers across the country have announced plans to march towards Islamabad on February 10 in protest against the 26th Constitutional Amendment, The News reported .
The decision was made during a convention organised by the Lahore High Court Bar Association (LHCBA), where LHCBA President Asad Manzoor Butt presented the convention’s declaration.
Butt said that legal professionals nationwide demand a full court hearing on the matter, insisting that Supreme Court proceedings be broadcast live.
The Judicial Commission of Pakistan’s (JCP) meeting, to be held on February 10, should be cancelled immediately, he demanded and said no new appointments should be made until the case on 26th Amendment is decided, adding that the senior most judge of the Islamabad High Court (IHC) should be made its chief justice.
“We condemn the suspension of Supreme Court Bar Association (SCBA) Secretary Salman Mansoor. We condemn the amendment to the Peca [Prevention of Electronic Crimes Act]. All lawyers fully support the struggle of journalists,” he stated.
LHCBA former president Rabia Bajwa said that there was a clear division among lawyers — one faction stood with the powers that be, while the other stood with the Constitution — and “we are with the faction standing with the Constitution and law.
“We salute the brave judges of the IHC; we condemned the action against SCBA Secretary Salman Mansoor who stood up to protect the Constitution,” she added.
Senator Hamid Khan said that the lawyers’ movement had started and it would sweep away the 26th Amendment. “Our struggle is moving forward. Lawyers’ organisations have filed petitions against the 26th Amendment. The full court consisting of the current 16 judges should hear these petitions,” he demanded.
He said that the lawyers would not allow the Supreme Court to be occupied by, what he called, political appointments.
He alleged that the parliament was a mere rubber stamp and rulers’ puppets. He said that the 26th Amendment was not constitutional in any way.
He said that the rulers wanted to crush freedom of the press, and the Peca Act was amended to end the freedom of journalists, adding that the lawyers were standing with the journalist community at every forum for press freedom.
“The senior most judge of the IHC should be made its chief justice. Six judges support the letter written in this regard. We will not allow another Dogar court to be formed. Our movement for the freedom of the judiciary will continue,” the lawyers’ leader said.
SCBA suspended secretary Salman said that the rulers believed that there was no need for the Constitution and law in the society, as they only pursue their own interests.
“I was suspended for opposing the 26th Constitutional Amendment against the law; the rulers made the amendment to be arbitrary, it does not benefit the people but the rulers,” he said, adding: “Judges have to give decisions against the rulers to uphold the Constitution.”
Salman said that the concept of right and wrong is being eliminated from society. “We lawyers have to fight to save the Constitution and decide it today.”
Insaf Lawyers Forum President Ishtiaq A Khan alleged that a group had taken the bar councils hostage, adding that it wanted to control the judiciary by appointing judges of choice.
He said that the judges would have to rise against, what he called, unconstitutional amendment. “Until this amendment of the fake government is abolished, the lawyers will not return. We demand that the Full Court that existed before the 26th Amendment hear this case. The lawyers will go to Islamabad on February 10, and will not return without amending it,” he said.
Former Punjab advocate general Ahmed Owais said that the abolition of fundamental rights in the country was a moment of concern for all.
“Lawyers have always fought for the Constitution. We will not let anyone cross the red line. When there was no Constitution, the country got divided, but we will not let that happen now. We reject the 26th Amendment. If the amendment remains there, the judiciary will be destroyed,” Owais said.
He said that the only way to stop corruption was an independent judiciary which is not acceptable to the rulers.
Sindh High Court Bar Association former president Barrister Salahuddin wondered if the ruling class wanted to destroy the judiciary by, what he called, recruiting judges on political grounds.
Lahore Bar Association President Mubashir Rehman said that the Bar had decided that the 26th Amendment would have to be returned, adding that the Bar rejected the changes in Peca law. “We are with the journalists and will be together in every difficulty.”
IHC Bar Association President Riasat Ali Azad said that they would not allow the high court to become a “Dogar court”, adding that the IHC judges had raised their voice, and the lawyers were with them. He said the judiciary was being harmed through the 26th Constitutional Amendment.
Meanwhile, IHC Bar Council Vice Chairman Aleem Abbasi, while talking to the media on Sunday, said that the Islamabad bar council and district bar reject the recent appointments of judges to, calling the move an attack on judicial independence.
Abbasi said that the lawyers were going to hold a historic convention tomorrow (February 3). The proceedings at the IHC and district courts would be boycotted, he added
The IHCBC vice-president condemned the appointments, saying that the transfers were made with ill intent, urging the bar councils nationwide to join the protest and suspend court activities.
The bar council also demanded the cancellation of the February 10 JCP meeting, which Abbasi said was also called with ill-intent.
Calling the amendment a “black law” that violates the Constitution, Abbasi said that the full court of the apex court should be convened to decide on the 26th Constitutional Amendment and all 16 judges should decide on the matter together.
“This fight is not just for the High Court Bar but for the integrity of the entire judicial system. We have no confidence in the government or political parties,” Abbasi added.
It may be noted that a notification issued by the Ministry of Law and Justice on Saturday said that Justice Dogar, Justice Khadim Hussain Soomro from the Sindh High Court (SHC) and Justice Muhammad Asif from Balochistan High Court (BHC) were transferred to the IHC.
The notification stated that President Asif Ali Zardari approved the transfer in exercise of the powers conferred under clause (1) of Article 200 of the Constitution.
The development came a day after five IHC judges expressed concerns over media reports claiming that a “transferred judge” would be considered for IHC’s top slot.
The letter followed the reports of incumbent IHC Chief Justice Aamer Farooq being considered for elevation to the Supreme Court.
The JCP in its meeting on February 10 is set to pick eight judges from five high courts. Traditionally, the senior puisne judge of a high court is appointed as the chief justice. However, the JCP last year introduced new rules to bypass the seniority criterion following the enactment of the 26th Amendment.