Former Supreme Court Bar Association (SCBA) president Munir A. Malik has said that lawyers' struggle for the restoration of deposed judges will continue irrespective of election of Asif Ali Zardari as President of Pakistan.
In an interview with Voice of America, Munir said that the country's prime minister is the chief executive and he has to pass executive orders. "With Asif Ali Zardari's election as president, he has got immunity under Article 248 of the Constitution and no court in the country can take up any case either of past or present against him till he is the President of Pakistan," Munir added.
He, however, feared that if independent judiciary was restored it might take up NRO cases, however, it is a non-issue now. "Asif Ali Zardari had said that he cannot fulfil promise made with PML-N under obligation with the forces which had helped him compel Pervez Musharraf to resign. Now after elections as President he says that there are forces in the establishment and he is obliged to them therefore, he is not restoring judiciary", Munir Malik said while replying to a question.
To a question, the lawyers leader said that parliament has not taken any initiative in last some months. No discussion has taken place on judges issue in the parliament. All the agreements and understanding have been signed out of the parliament. "It would be an illusion that the parliament would take any initiative on judges issue. So far as 17th Amendment and 58(2)b is concerned the President himself has to decide whether or not he is going to surrender these powers.
He said that he would surrender the powers but he might say that it was a political statement, not the words of Quran and Hadith," Malik observed.
To a question regarding future strategy of lawyers community regarding the restoration of judges, Munir Malik categorically stated that the lawyers will not abdicate their principled stance.
He said that lawyers community will not get involved in any political compromise either Iftikhar Mohammad Chaudhry is constitutional chief justice or not there is no middle ground. "We cannot say half chief justice is Iftikhar Chaudhry and half Dogar Sahib. Many judges, have taken fresh oath and it is against our principled stand.
To what extend our struggle remains active and sharp and what tactics and strategy we are going to use, time would tell," he added.