Pakistan Bar Council (PBC) has decided to file an appeal against the Lahore High Court verdict wherein formation of the Special Court was declared unconstitutional and death sentence awarded to General Pervez Musharraf (retd) in the high treason case was quashed.
The decision in this regard was taken in the 228th meeting of the PBC, wherein it elected, un-opposed, Abid Saqi as its new Vice-Chairman for the year 2020. The meeting appreciated Syed Amjad Shah, outgoing Vice-Chairman, for leading the Council with dignity and honor.
The PBC statement, issued by its secretary, stated that the members expressed their opinion that assumption of jurisdiction by a high court at such a stage was uncalled for, more particularly in the presence of the right of appeal before the Supreme Court.
The Council also discussed in detail the judgment of Supreme Court of Pakistan in the army chief extension case and opined that the said petition was seemingly taken up out of turn and then unlawfully directing the Parliament for legislation raised many an eyebrow.
The Council also expressed its grave concerns regarding "forced" disappearance and unconstitutional detention of Advocate Col Inam-ur-Rahim (retd) and called for his forthwith release.
The Council reiterated its earlier stance regarding appointment of judges in the superior courts by Judicial Commission of Pakistan and expressed its grave concerns regarding the process of appointment of superior courts judges. It urged the Judicial Commission to forthwith amend the rules as proposed by Pakistan and Provincial Bar Councils.
The Council also proposed and urged the Parliament to suitably amend Article 175-A of the Constitution so as to reconstitute the Judicial Commission of Pakistan by including equal number of Members from the judiciary, legislature and the bar to ensure merit-based appointments of the superior court judges after meaningful consultations.
The Council also disapproved the amendments made by the Khyber Pakhtunkhwa government in Civil Procedure Code and anti-narcotics laws and supported the stance taken by the Khyber Pakhtunkhwa Bar Council and Peshawar High Court Bar Association urging the government to withdraw the same.
The Council took serious notice of the unfortunate incident taking place at PIC Lahore and expressed its sorrow and grief. The provincial bar councils were directed to ensure effective disciplinary actions to curb any such incident whenever and wherever it takes place, so that the dignity and honor of the profession be maintained according to legal ethics and etiquettes.
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