Any move against SC, armed forces to be resisted: PBC

ISLAMABAD: The Pakistan Bar Council (PBC) on Friday pledged to resist with full force any move meant to undermine the prestige and dignity of the entire judiciary, especially the Supreme Court and the Armed Forces.

In a statement issued here, Muhammad Ahsan Bhoon, Vice-Chairman, and Hafeez-ur-Rehman, Chairman, Executive Committee, Pakistan Bar Council, have expressed their utmost concern over the campaign of vilification against the judiciary, especially the Supreme Court of Pakistan since its historic judgement in the PanamaLeaks case, against the-then prime minister of Pakistan and members of his family wherein they were accused of huge money laundering and having bought properties in foreign countries worth billions of dollars and pounds.

They said the legal fraternity will not hesitate to go to any extent to protect the country’s judiciary which remains the last hope of the nation.  They claimed that a campaign of vilification was launched at the behest of theruling party. They said the whole legal fraternity is unanimous in hailing the historic verdict of the Supreme Court of Pakistan, handed down for the first time in the country’s history against the sitting prime minister.  

They said the recent statements of some individuals not only targeted the highest constitutional court of the country but also tried to malign another very important institution of the armed forces which always performed exemplary role for defending the homeland against foreign aggression and maintaining law and order situation in the country and defeating the menace of terrorism. 

Meanwhile, Supreme Court Bar Association (SCBA) President Rashid A Rizvi has said that superior judiciary can make errors in pronouncement of judgements as there is a possibility of errors, but it’s not fair to say that the superior judiciary gives verdicts on dictations.

Talking to reporters here on Friday in the Supreme Court, the SCBA president, while responding to a question regarding the criticism being made by the government, accusing the judiciary for giving verdict of Panama Papers on the directions of institutions, said that errors can be made in judgements, but it is not fair to criticise the judiciary for taking dictations.

He said the present government had itself strengthen the hands of Establishment and acted on its directions but now saying injustice has been made to it by the Supreme Court. Those acting on the dictation of Establishment earlier, now complaining that injustice has been done to them, Rashid A Rizvi said adding that on whose directions former President Prvez Musharaf was allowed to leave the country. He recalled that the Supreme Court had repeatedly asked the government as to whether the name of former president Pervez Musharaf should be placed on the Exit Control List (ECL). 

The Supreme Court in treason case against the former president had repeatedly asked the attorney general for Pakistan to seek instruction from the government about placing the name of Pervez Musharaf on ECL, Rashid A Rizvi said.

To another question regarding deletion of Article 62 from the constitution, the SCBA president said that parliament is supreme to legislate with two-third majority for deletion of Article 62.  However, he again recalled that when the opposition parties were united to make legislation for deleting Article 62 from the Constitution, at that time the government opposed it.

“Now the question arises on whose directions, the incumbent government opposed the matter,” Rashid A Rizvi said. Which of politician who did not remain part of the Establishment and not acted upon its directions as well, Rashid A Rizvi questioned.   

He said that it is the right of lawyers to criticise the judgements of the court but in positive and constructive manner. Positive, fair and constructive criticism can bring improvement in the judicial system, but it’s not fair to say that the Supreme Court gives verdicts on (someone's) directions, Rizvi said.

Meanwhile, members of the executive committee of the SCBA expressed grave concern over the rift going between Lahore High Court chief justice and other judges with the Lahore High Court Bar Association President (Multan bench and other lawyers). 

The committee resolved that bench and bar are integral part of each other; therefore, they do not have supremacy over each other. We do not support the incident having been occurred in Multan High Court bench but at the same time feel that it could have been handled in some better way.

The committee resolved that the said dispute should be settled amicably by formation of a committee consisting the chief justice and two senior most judges of the Lahore High Court and the SCBA president, the Pakistan Bar Council (PBC) vice chairman, the Punjab Bar Council (PbBC) vice chairman and the LHCBA president. 

The Executive Committee also called upon the Lahore High Court chief justice to withdraw the contempt notice and arrest warrants for Sher Zaman Qureshi, LHCB (Multan) president, and other lawyers so that the committee may be able to independently resolve the issue.  

 Our Lahore correspondent adds: Leaders of Supreme Court Bar Association (SCBA) and Lahore High Court Bar Association (LHCBA) on Friday denounced remarks given by senior lawyer and human rights activist Asma Jahangir against the Supreme Court verdict in Panama Papers case.

Speaking at a joint press conference, they said the Supreme Court delivered the biggest judgment against corruption, which also disqualified the sitting prime minister.

SCBA Secretary Aftab Bajwa, LHCBA President Chaudhry Zulfiqar Ali and Finance Secretary Zaheer Butt also spoke on the occasion.

Bajwa said the whole legal fraternity stood by the judiciary; however, some black sheep had launched a vilification campaign against the state institutions at the behest of the Pakistan Muslim League-Nawaz (PML-N).

Disapproving of the statement, he said she did not represent the bar. He said the bar would take stern action against those lawyers who would not shun the campaign against the judiciary and the armed forces.

Zulfiqar Ali said the incumbent judiciary was fully independent and its decisions were in accordance with the law and the Constitution. He urged Asma Jahangir to be careful in future while giving statements against the state institutions. He said the appointment of Justice Ijazul Ahsan to supervise the National Accountability Bureau (NAB) references against the Sharif family was fully in accordance with the law.

Meanwhile, Asma Jahangir also gave her reaction in the evening. Speaking at a ceremony, held to formerly launch Pir Kaleem Khurshid as the candidate for the slot of Supreme Court Bar Association president, she said the judiciary had entered a blind alley after the Panama Papers case verdict. However, she expressed her hope that lawyers would steer it out. The SCBA election would be held in October.

She said lawyers were not scared of judiciary nor civilian rulers or military dictators and they had always spoken for the supremacy of law. She rejected outright a demand by lawyers for withdraw of her statement, saying she had always issued a well-thought-out statement and she would not take it back at all.

Talking to the scribe, she said her statement on Panama verdict was her personal viewpoint and it had nothing to do with any bar association. Ms Jahangir said criticising a verdict was the fundamental right of lawyers and the citizens. She said lawyers had always criticised the wrong decisions, made by the judiciary, from the time of the then chief justice Iftikhar Muhammad Chaudhry, to date.

She reiterated that the criticism was a right but lawyers would not accept any hooliganism in the SC Court Room No 1 in the name of criticism. This hooliganism should be stopped immediately, she demanded.

Asma Jahangir said getting funds from the government for bar associations was a right of lawyers, as justice system would not run smoothly if bar associations did not get the government funds.