The lawyers community has vowed not to let political parties to hijack their struggle and the sacrifices made by them for upholding an independent judiciary, which they (political elements) may consider a threat once they are in the corridors of power, said former Pakistan Bar Council (BPC) vice-president Malik.
"Politicians always wanted to have a subservient and controlled judiciary and mainly due to that reason the lawyers decided to keep them at bay", he added. "It had happened in the past that some political parties hijacked lawyers' movement and used it for their personal gains. But this time the lawyers have asked political parties to launch movement separately from their respective parties' platform." However, if they want to come to Islamabad on April 13 they are welcome, he said.
While talking to newsmen, Malik said the reference against Justice Chaudhry is completely baseless and unconstitutional as he is being punished for saving national assets from plunder and for saying 'No' to a man in military uniform.
He explained that under Article 209 the President had no power whatsoever to remove or make the CJP non-functional. He said sending the CJP on forced leave was enough to prove that the government move of suspending the CJP was incorrect.
He said the legal team had raised these objections before the Supreme Judicial Council and if required the matter would be taken to the Supreme Court as well.
Explaining the functioning of the Supreme Judicial Council, he said though it was a constitutional body, it did not work as a court. "Its status is not more than an inquiry commission, which only makes recommendations to the President. Neither it could interpret constitution nor could remove the CJP", he said.
Malik believed that better sense would prevail upon the government, hoping that it would withdraw the reference against the CJP to avoid further embarrassment. He was of the view that present judicial crisis could not be put at par with Sajjad Ali Shah case because at that time a full bench of the SC had proceeded the matter. But in present case a dictator made an attempt to further tame the judiciary. However, this time the dictator faced a fearless man, who had the courage to say 'No' to him.
Admitting the fact that in the past the judiciary had played the role of military's B team and non-functional CJP also took oath under PCO, he said everything was linked with the independence of judiciary.
He warned the judges that the dictators would continue to subjugate them if they would not come forward to save the institution. He warned that the lawyers would foil all attempts to sabotage their struggle, saying the government behaviour was not only boosting black-coats morale but also giving extra energy to their movement.
"What had happened in Islamabad with government lawyers was result of drama staged by agencies to divert the attention from the real issue," he added. Malik made it clear that the lawyers had a long stance that a usurper could not be the President of the country and he would have to go home as the result of black-coats' movement.
Regarding different issues like the President in uniform, missing persons, re-election of the President by the sitting assemblies, dual nationality of parliamentarians, he said certain constitutional and legal issues could not be solved without having an independent judiciary and that could only be possible by overthrowing dictator from the power. "The country is passing through a critical phase of its history and now the time has come for the superior courts to pronounce such verdicts that the history would remember them," he opined.
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