Lawyers lay stress on civilian supremacy, independence of institutions, rule of law

ISLAMABAD: All Pakistan Lawyers Convention emphasised upon the importance of civilian supremacy, adherence to the Constitution, the rule of law, and the independence and integrity of constitutional institutions as fundamental pillars of democracy.

The Supreme Court Bar Association (SCBA)’s 25th Executive Committee, on Thursday, arranged the All Pakistan Lawyers Convention at the auditorium of SCBAP Complex, Islamabad, to protect, defend and preserve the Constitution, rule of law and human rights.

The former SCBA presidents of the bar and the top leaders of the provincial bar associations attended the convention.

It was decided that all the bar associations across the country shall observe countrywide strike and will demonstrate peaceful protests in their respective Bar Associations in the shape of rallies and marches to defend and uphold the Constitution, rule of law and human rights on September 14.

The resolution affirmed the lawyers’ unwavering commitment to justice, democracy, and the well-being of the nation. It said that the prime duty of the Bar Association and Councils is to ensure the enforcement of the Constitution and the law and to do all that is within its legal and legitimate capacity and ability in this behalf.

The convention said that the general elections are required to be held within 90 days of the dissolution of the assemblies is concerned and the Election Commission of Pakistan (ECP) and all other institutions required to act in aid of the ECP are under constitutional duty to do so.

It emphasised that no caretaker government can go beyond 90 days, thereafter, it becomes “unconstitutional and illegal”. The caretaker governments in the Punjab and KP have already become “unconstitutional and are liable to be removed”.

The lawyers maintained that the armed forces and their officials of all ranks, being the creation of the Constitution, are bound to act strictly in accordance with the Constitution and the law framed thereunder. The armed forces and their officials of all ranks are bound by their constitutional oath not to indulge in any political activity whatsoever.

“Every civilian is entitled to fair trial and due process before the courts established by the Constitution and laws framed thereunder and trial of civilians before military courts is a complete negation of fair trial, due process and other fundamental rights guaranteed under the Constitution.

“All citizens are equal before the law and no one, military, civil or judicial office holders; can claim any privileged status, immunity and concessions like free fuel, transport, electricity, gas etc and that such concession be withdrawn immediately.”

“The government or any of its institutions or officials should not be allowed to induce, pressurise or influence any judge for obtaining desired judicial verdicts and those found attempting to do so should be strictly punished under the law.”

It demanded that all judicial verdicts of the courts passed in accordance with the Constitution and the law should be enforced and implemented by the executive and its officials in letter and spirit and those found responsible for defying such verdicts should be strictly punished under the law.

“All citizens and political workers, who are illegally arrested and detained for political reasons, should be immediately released and those responsible for their illegal arrest and detention should be proceeded against in accordance with the law.

All citizens being kept in the custody of military or intelligence agencies be transferred to the custody of the relevant and concerned civil law authorities for their presentation before civilian courts.

The arrest, detention and harassment of ladies for the last few months or so are strongly condemned and those found responsible for such acts be punished under the law.

The harassment of advocates performing their professional duties is strongly condemned and those responsible be punished under the law.

The phenomenal rise in the prices of electricity, oil, gas, sugar, and other commodities of common use be withdrawn and reduced and relief be granted to the common people of Pakistan in this behalf forthwith.

This convention acknowledges the gravity of the economic situation and invites all stakeholders to engage in constructive dialogue to find solutions to address economic depression, offering the forum of this Association for such discussions.

The convention noted that Pakistan is passing through one of the most critical periods in its constitutional and political history, wherein, the constitutional dispensation is under serious threat and judicial verdicts are being trampled upon. It said that there is an alarming and ongoing blatant disregard for the principles of justice, the authority of courts, and compliance of the judges’ orders.

It is imperative to ensure that elections are conducted within the constitutionally-prescribed timeframe of 90 days of the dissolution of assemblies, and it is pledged that lawyers will refrain from any unconstitutional actions in this regard, the lawyers in Pakistan are the protectors and defenders of the Constitution, fundamental rights and civil liberties of the citizens of Pakistan.

The lawyer community in Pakistan has always stood for the rule of law and independence of the judiciary; civilian supremacy, adherence to the Constitution, rule of law, and independence and integrity of constitutional institutions are the prime values of the lawyers’ fraternity.

The lawyers noted with concern that the constitutional timelines for holding general elections are being disregarded and ignored by the institutions created and established by the Constitution itself for the purpose thus creating a constitutional void and chaos.

The law enforcement agencies and institutions are themselves violating and undermining the human rights and civil liberties guaranteed by the Constitution. The lawyers also expressed serious concern over the forced disappearances and said it is the constitutional duty to ensure the protection of fundamental rights with equality for all citizens.

Copyright Business Recorder, 2023