The Pakistan Bar Council (PBC) has strongly condemned the government threats to forcibly evict the deposed judges, who refused to take oath under the Provisional Constitutional Order, from their official residence.
At a meeting here on Tuesday, the PCB also called upon all lawyers, political parties, civil society organisations and human rights activists to come to Islamabad and keep a vigil outside the Judges' Colony on November 30 and December 1 for resisting the coercive tactics of the government to forcibly evict and expel the Chief Justice and other judges of the Supreme Court from their official residences.
The Council condemned the caretaker government for its intent and announcement to forcibly evict the Chief Justice and judges from their official residences. The PCB flayed the house arrest of Chief Justice and other judges and observed that the lawyers and people recognise only those judges as valid and constitutional, who refused allegiance of oath under PCO.
It also condemned, what it said, that General Pervez Musharraf has unconstitutionally suspended the Constitution and imposed "so-called" emergency and whereas the Chief Justice and other judges of the Supreme Court and high courts, who refused to take oath under the PCO, are being forcibly prevented from performing their duties and functions under the Constitution.
The meeting rejected the Legal Practitioners and Bar Councils (Amendment) Ordinance, 2007 saying the ordinance has been illegally and unconstitutionally promulgated by a "military dictator" to curtail the autonomy and independence of the legal profession.
It observed that the ordinance is a malafide attempt to curtail the autonomy of the legal profession by withdrawing disciplinary powers of the Pakistan and Provincial Bar Councils. The council rejected these amendments and pledged to resist all actions under these amendments at Pakistan as well as Provincial Bar Councils.
The Council rejected the power conferred on the Attorney General under amended section 13(2) of the Ordinance and also called upon all the Bar Councils, Bar Associations and advocates not to submit to the appellate jurisdiction of the Attorney General.
The Council rejected the withdrawal of the rule making powers of Pakistan and Provincial Bar Councils in disciplinary matters and also called upon the advocates not to submit to any rules framed by the PCO courts.
It also expressed deep shock over the maltreatment of Aitzaz Ahsan, Muneer A Malik, Ali Ahmed Kurd and Tariq Mahmood during their detention in jails. The council held the federal and provincial governments' "criminal" negligence for their conduct in regard to detained lawyers in general and the above named lawyers' leaders in particular.
The PCB observed that it reserves its right to take appropriate legal action against those officials who are responsible for the torture and maltreatment to arrested lawyers.
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