PBC to challenge 21st Amendment

ISLAMABAD: The Pakistan Bar Council (PBC) on Tuesday strongly condemned the 21st Amendment and amendment in The Army Act and decided to challenge it in the Supreme Court (SC).
In a resolution unanimously passed here during its 28th meeting, the PBC held that theestablishment of military courts had severely undermined all principles of independence of the judiciary and deprived citizens of due process. It said it violates the fundamental rights of the people as enshrined in articles 9, 10, 10-A and 25 of the Constitution.
The meeting was attended by Attorney General for Pakistan Salman Aslam Butt, Burhan Moazzam Malik, Abrar Hassan, Abdul Lateef Afridi, etc. AGP Salman Aslam Butt, who is also the chairman of PBC, attended the meeting only for the election of the vice-chairman after which he left on account of his other official pre-occupations.
The meeting, after lengthy deliberations, decided to file a Constitutional Petition in the SC, challenging the 21st Amendment. “The PBC remains mindful that parliament is the supreme legislative body and represents the will of the people. However, it cannot deprive the citizens of their fundamental rights to fair trial and right to appeal before superior courts.”
It found the establishment of military courts in Gilgit and Baltistan as well as Azad Kashmir bewildering. “Such an action is totally unconstitutional and will only encourage negative forces towards taking more extreme positions,” the resolution further stated.
The council also resolved to request the legal fraternity to observe a black day on January 29 throughout Pakistan when bar associations will hold protest meetings in bar rooms against the 21st Amendment and lawyers will also wear black armbands while appearing in courts.
The council, however, resolved that the legal fraternity will play a constructive role in presenting legal reforms in the criminal justice system to meet the challenge of terrorism and the council offered its fullest support to the government to curb the menace of terrorism and said it would willingly render its professional support and assistance for necessary legislation in this regard.
“The council is deeply aggrieved at the tragic event of the Peshawar Army Public School and strongly condemns the shameful act of terrorists,” the resolution further stated and shared the grief suffered by the affected families. “It also realises that the event has had a traumatic effect on the children of this country.” It demanded the government to provide security to educational institutions and parents. Earlier, the council also held the election of its vice-chairman.
There were two candidates for vice-chairman’s office for the year 2015, namely Azam Nazeer Tarar from Lahore and Syed Ayaz Zahoor from Quetta. The attorney-general, being the returning officer, conducted the election.
After polling of votes through secret ballot, Azam Nazeer Tarar secured 12 votes as against Syed Ayaz Zahoor who obtained eight votes. The returning officer, therefore, declared Azam Nazeer Tarar elected as vice-chairman of the PBC for the year 2015.