Supreme Court orders: Lawyers’ meeting expresses concerns over govt attitude

ISLAMABAD: Pakistan jurist’s roundtable expressed grave concern over the unprecedented and outright refusal of the government to abide by the orders of the Supreme Court to hold election to the provincial assemblies of the Punjab and the Khyber Pakhtunkhwa within 90 days.

The legal fraternity held a “rounder table conference” in Lahore to discuss the deepening constitutional and political crisis in the country, and put their heads together to give a roadmap to steer the country out of the crises.

Senior lawyer Barrister Chaudhary Aitzaz Ahsan and Advocate Sardar Latif Khan Khosa read the declaration of the round table conference.

The speakers said that they believe that these elections are the real issue that Prime Minister Shehbaz Sharif desires to avoid, and, other matters such a formation of the benches, roster fixation are obvious distraction to detract from this central issue.

The constitutional controversies which have fractured the body politic and even caused schisms among the justices, mainly, on questions of bench formation; roster fixation; the role of judges as ‘politicians wearing robes’; or the Court as an ‘imperialist’ Court, all these need to be addressed by the judges themselves in due deliberations in the first instance, and not by any institution other than the judiciary itself and not in indecent haste.

The Cabinet’s recourse to legislation appears to be mala fide, intended only to avoid an electoral contest and to devise a method to evade elections. The Court should examine that; summon those purporting to provide means to delay or avoid the election. If institutional respect is nevertheless to be given to the legislature, those who have decided outside legislative processes to prevent action in accordance with the Court’s directions, including, among others, the Prime Minister, the Law Minister and the Interior Minister be summoned to determine the responsibility and blame for violating the constitution and contempt of this Court by flouting its orders.

The declaration said that the divide in the judiciary appears to be more on account of personal linkages with parties and personal ego than on principal. The divide has created a situation of the nature that divided the judges on personal relationships and egos in 1977 with disastrous effects. The present situation appears worse.

The lawyers demanded the authorities concerned to hold elections within 90 days as per the directives of the Supreme Court.

The declaration also emphasized over a strong, powerful, free and fair institution of the judiciary, urging the judges of the top courts to end their differences amicably and without interference of any parliamentarian.

The lawyers made it clear that the Constitution is the supreme and no individual or authority or any government could challenge its supremacy. They said that all were subservient to the Constitution, vowing that they would take a strong stand if anyone started to challenge the supremacy of the constitution.

Khawaja Tariq Rahim, Salman Akram Raja, Advocate Azhar Siddique and Ahmed Awais were among many other speakers.

The lawyers discussed the recent legislation done by the National Assembly, Senate and in the joint session of the parliament, saying that “such legislation which targets the powers of the Supreme Court is not acceptable”.

In his address to the lawyers, Barrister Chaudhary Aitzaz Ahsan said he encountered with different questions about the decision of the apex court and its implementation.

“I told the court reporters that there was no other way except implementation of the top court. All are bound to implement that order. And all those who say they do not accept the apex court’s verdict will have to accept it otherwise they will face contempt,” he said.

They [PDM] thought that the “Sipasalar” was with them but they did not know that he had to obey the apex court’s verdict.

They said that they would not compromise on the respect and honour of the Supreme court. Former Advocate General Punjab Ahmed Awais said that being member of the legal fraternity, they were standing by the Constitution. He said any government which was working under the Constitution would get the proper support of the legal fraternity.

“We will shoot you [the government] down if you go against the constitution,” said the former AGP. He said that the rounder table conference held that the Constitution of Pakistan is supreme and all were subservient to it.

“It is a reality and everyone should understand it. If anyone does not want to understand then they will make him understand,” he added. Talking about recent legislations in the parliament, Ahmed Awais said that the judiciary is the most power among all other pillars of the state as it reviews and maintains the power.

“The judiciary has power. If humiliation of the Supreme Court takes place in the parliament then it is regrettable. The decision of the Supreme Court is binding on all and there is no compromise on it,” said the former law officer.

Advocate Azhar Siddique said that the chief justice and the judiciary were the read line of the lawyers’ community.

Copyright Business Recorder, 2023