Former Supreme Court judge, Justice Rana Baghwan Das has said that restoration of judges through amendment in the Constitution has no justification as the judges were not removed under the Constitution, but by an executive order of an individual.
Addressing the gathering of lawyers at a function organised by Balochistan High Court Bar Association (BHCBA) here on Tuesday, he opposed restoration of judges without deposed chief justice Iftikhar Mohammad Chaudhry under "minus-one formula". He warned that any such step would weaken the government and democracy in the country.
He said that November 3 action was direct assault on judiciary and media. He said judiciary did not go beyond its limits and whatever steps it did take were all within the legal parameters enunciated in the Constitution.
Justice Baghwan Das lauded Balochistan judges' contribution to independence of judiciary as they have played significant role for the purpose. He termed deposed chief justice Iftikhar Chaudhry a national symbol and said his only fault was that he refused to bow before the tyrant rulers.
"It was Justice Khuda Bakhsh Marri, chief justice Balochistan High Court who turned the amendments introduced by General Zia in 1973 Constitution illegal and unlawful and ordered for its repeal. Justice Khuda Bakhsh did not take oath under General Zia's PCO and preferred to quit his job from the highest post of the provincial judiciary," he explained. Justice Durrab Patel also belonged to Quetta who refused to take oath under PCO in 1981. Similarly, Justice Iftikhar Muhammad Chaudhry also belongs to Balochistan.
He said lawyers have always played significant role for supremacy of the Constitution, parliament and democracy, adding that the sacrifices they have rendered for judiciary after March 9 and November 3, 2007 is now part of Pakistan's history and lawyers really deserve commendation.
He deplored that suppressing judiciary has always been practised in the country. He also deplored over military operations in Balochistan and said the operations have created hatred among its people for the centre. He said: "Balochistan is rich in natural resources, but still it has remained backward and neglected, because no proper attention was paid on its development." He thanked media for playing sincerely their role for struggle in establishing justice and rule of law in the society.
President BHCBA Baz Mohammad Kakar speaking on the occasion said the lawyers are ready to forgive all the excesses they have met, but they will never compromise on restoration of judiciary. He said the lawyers have no personal enmity with any body but their struggle is for the supremacy of the Constitution, rule of law and independence of judiciary.