LAHORE: The All Pakistan Lawyers Convention on Thursday rejected outright the 21st Constitutional Amendment and the establishment of military courts, terming the law in contradiction of fundamental rights and basic structure of the Constitution as the legal fraternity announced to observe every Thursday as a black day. The convention, hosted by the Lahore High Court Bar Association (LHCBA), passed a resolution against the establishment of military courts in the country. The participants also resolved that lawyers strongly condemn all kinds of terrorism and stand by the armed forces in their fight against terrorism but, they added, setting up of military courts would divert their attention from their original role and goal. “We strongly deplore the armed forces involvement in politics as it will lower their dignity,” the participants said, adding that they would observe a ‘black day’ on every Thursday till the 21st Amendment was withdrawn. They, however, made it clear that no strike would be observed on Thursdays. Lawyers from across the country participated in the convention held at the LHCBA premises. The speakers condemned the Peshawar massacre in strong words and termed it a war against humanity. The convention resolved at constituting a National Coordination Committee (NCC) to chalk out its future strategy. The LHCBA president would chair the committee with elected representatives of the Pakistan Bar Council, Supreme Court Bar Association and all four provincial bar councils as its members. The committee would have the mandate to give countrywide protest calls. The lawyers also observed a black day on Thursday on the call of the Pakistan Bar Council. Black flags were hoisted atop bar buildings and lawyers appeared in courts wearing black armbands. Leading jurist Abid Hassan Minto, Karachi Bar Association President Naeem Qureshi, Peshawar Bar Association President Razaullah Khan, Ijaz Mohmand from FATA, Pakistan Bar Council Vice Chairman Azam Nazir Tarar, Member Pakistan Bar Council Hamid Khan, former president SCBA Asma Jahangir, LHCBA President Shafqat Mehmood and Lahore Bar Association President Ishtiaq Ahmed Khan were prominent among the speakers. Addressing the participants, PBC Vice Chairman Azam Nazir Tarar said it was true the justice system had failed to deliver and it required a lot of improvement, but military courts could not be approved of on the pretext of failure of civilian judicial system. PBC Member Hamid Khan, who is also representing the LHCBA in the Supreme Court in a petition challenging the 21st Amendment, said an inquiry should be conducted into the Peshawar school tragedy. He said political parties had proven toothless and the civilian government was giving space to the military establishment. He said the court awarded death sentences to terrorists and criminals but the executive failed to execute 8,500 death-row prisoners over 10 years. He said those terrorists were running their terror networks from jails. He said high court and Supreme Court’s jurisdiction should be extended to Fata. Asma Jahangir said on the occasion the military rulers wanted the people to wear iron caps and the 21st Amendment was a part of the conspiracy. The country had been militarised by setting up military courts. There is no logic in setting up the military courts and a soft martial law had been imposed in the country. She said the whole nation was grieved over the Peshawar incident but it should not be used as a pretext to justify the establishment of military courts.It is correct that justice is not being done in ordinary courts. But it makes no logic to do injustice openly in military courts, she said, adding that it would be more catastrophic for the country. She said if evidence is not produced in ordinary courts, then who would produce the same in military courts. She said parliament and parliamentarians have shown cowardice, and they admitted that they were ashamed of their act. In fact, they had embarrassed the whole nation. She regretted the lawyers sitting in parliament also supported the 21st Amendment instead of raising their voice against the black law. She said we should learn from the past. It is a trailer of the movie. First, Geo was attacked and the media was purposefully divided. Without naming anyone, she said one loin was sitting inside parliament while the king loin was sitting outside it. Surprisingly, both proved to be rats (cowards). They showed no resistance and one of them said “do not waste time in debate”. Showing concern over challenging the 21st Amendment in the SC, she said the entire parliament was frightened and who could guarantee that the 17 judges would not be under pressure. She said history revealed that the judiciary was always scared. She said “now the 17 judges would explain to us the basic structure of the Constitution”. Parliament made a bizarre amendment but its power could not be transferred to judges. Parliament could withdraw its decision but judges’ decision remained in files for decades. She said they (lawyers) would pursue the issue to ensure that the decisions of military courts become subject to judicial review.She condemned terrorism in the name of religion, ethnicity and honour killing. She said huge resources had been spent on “Jangla Bus” and tanks but very little resources were being spent on judicial reforms. She pointed out that judges of anti-terrorism courts were living in rented houses and public prosecutors were unprotected. Abid Hassan Minto hoped that the SC would constitute a larger bench to hear the petition against the 21st Amendment because the issue had become very important. He said lawyers and people were against the amendment and the latter should launch a movement instead of completely relying on the judiciary. Head of Tehreek-e-Istaqlal Manzoor Gillani said lawyers had always provided leadership to the nation.Khyber Pakhtunkhwa High Court Bar Secretary Iyaz Khan said the nation would not have faced the current situation had the lawyers’ movement focused on strengthening institutions instead of a personality. He said 500 children were killed in the Army Public School but the nation was kept unaware of the reality. He said the 21st Amendment would not help eliminate terrorism while future generations would curse us. KP High Court Bar President Essa Khan said lawyers and the nation disapproved unconstitutional amendment as it was a black mark on the face of democracy. Peshawar Bar Association President Razaullah Khan said the establishment of military courts was tantamount to imposing the martial law and a blow to the independence of the judiciary. Karachi Bar Association President Naeem Qureshi said the armed forces should do its constitutional duty of protecting our borders and establishment of military courts was against the spirit of Constitution. Ijaz Mahmand from Fata was of the view that the judiciary had pushed the country to this situation. LHCBA President Shafqat Chohan said conspiracy was being hatched to roll back the system as martial law had been imposed in the country in the form of military courts. He also presented a resolution, which was unanimously passed by the house.
