Provincial bar councils demand notification of next CJP’s appointment

The provincial bar councils’ Coordination Committee has demanded that the federal government issue a notification with regard to the appointment of the next chief justice of the Supreme Court of Pakistan.

In a resolution made during a meeting in Karachi, representatives of the bar councils of all the provinces demanded that the retirement age of judges and all other civilian employees of judiciary should be equal and all retired judges and armed forces general be barred from re-appointment or extension in their services.

The lawyers’ representatives demanded that the proposed amendments to the Constitution regarding judiciary be tabled with the consultation of the bar councils and all relevant stakeholders.

The bar representatives demanded that all the natural resources be equally distributed in the country and the underprivileged areas from where natural resources were being extracted should be developed on a priority basis and motorways be constructed in those areas.

The bar councils demanded that all the illegal foreigners be expatriated to their native countries by cancelling their illegal citizenship. The lawyers also expressed concern over inflation and increases in petroleum product prices and demanded that petroleum products prices be reduced to provide relief to common citizens.

The bar councils also took exception to bad governance and corruption in the country and demanded that all assets and properties of corrupt officials, including judges, generals and bureaucrats, be confiscated and auctioned to pay the debt of the country. The bar councils’ representatives appreciated the Judicial Commission of Pakistan for amending its rules and demanded that other demands of legal fraternity be resolved immediately.

The meeting was presided by Inter-provincial Coordination Committee of Sindh Bar Council Chairman Abdul Razak Mahar and attended by Rahib Khan Buledi from the Balochistan Bar Council, Ahmed Farooq Khatak from the KPK Bar Council and Imran Ali Bodla from the Punjab Bar Council.

Attack on judiciary

The Karachi Bar Association expressed deep concern over the proposed constitutional amendments to laws regulating the judiciary, saying they were being introduced in a secretive and mysterious manner, which was a complete violation of the parliamentary procedure.

“The unprecedented proposed amendments which include extending the age limit of service of the justices and judges as being reported widely are not only violative of the basic structure of the Constitution but are assault on the Constitution and the Supreme Court and the High Courts and considered an attack on the independence of the judiciary,” read a resolution adopted by the lawyers’ body. It said the constitutional amendments could only be possible with consensus after speeches and discussions in parliament. The act of not disclosing the amendments to the members of the parliament as well as to the public at large was itself a violation of the Constitution of Pakistan, the KBA stressed.

“The said amendments are against the rule of law and are being procured on the basis of a total destruction of sacrosanct document of the Constitution without any debate.” The KBA urged the legal fraternity and judiciary to resist and reject these amendments and unite at this point regardless of their personal views to preserve the sanctity of the Constitution and the independence of judicial system.

Protest at City Courts

A Lawyers Action Committee staged a protest at the City Courts against the proposed constitutional package, condemning, what it billed, efforts to delay the appointment of Justice Mansoor Ali Shah, senior puisne judge of the Supreme Court, as the next chief justice of Pakistan.

The committee that comprises senior lawyers warned against any attempts to extend the tenure of the incumbent chief justice through unconstitutional amendments and declared such moves illegal and a direct attack on judicial independence.

Karachi Bar Association office-bearers also joined the protest. Speaking on the occasion, KBA President Aamir Nawaz Warraich said the lawyers' body would launch an agitation movement against the proposed constitutional amendments.

"There is a covert attempt to pass a bill that would extend the tenure of the current chief justice and allow for the appointment of favoured judges. This is a violation of the law, as every bill must first be debated in parliament before being passed," he said as quoted in a statement issued by the committee.

"The proposed amendments aim to prevent Justice Mansoor Ali Shah from assuming the position of chief justice. Such unconstitutional moves will paralyze the judiciary and undermine the rule of law."

Supreme Court lawyer Muhammad Ashraf Samoon criticised the proposed constitutional amendments, calling them an attack on the judiciary. "The members of parliament who entered through a stolen mandate cannot make decisions on behalf of the people. Some individuals seek to enslave the judiciary, just as they have done with the police, revenue departments, and other government institutions."

Insaf Lawyers Forum Karachi president Zahoor uddin Mehsud stated that the legal community had taken to the streets and launched a movement against the "attack" on the judiciary. He recalled the 2007 lawyers' movement for the restoration of the judiciary, saying a similar movement had now begun.

Former KBA president and Sindh Bar Council member Naeem Qureshi stressed that the chief justice must be appointed based on seniority, and lawyers would never accept decisions based on favouritism. He denounced attempts to achieve a two-thirds majority in the National Assembly by "kidnapping women and daughters to complete a quorum, calling it the worst form of democracy".