|
Severe crisis, if Justice Iftikhar not restored, says Bhagwandas
Bureau Report
QUETTA—The retired Justice of Supreme Court, Justice (retd) Rana Bhagwan
Das has warned of severe outrage and crisis in Country if the deposed
Chief Justice Iftikhar Muhammad Chaudhry was not reinstated on his post.
While addressing the lawyers’ convention arranged by Balochistan Bar
Association, he also cautioned that the Country could ill afford such
crisis, as it would affect the Federation and democracy.
He lauded the lawyers’ movement, which had been started for
reinstatement, Judiciary, and supremacy of law and justice, and
expressed his great dismay that judges were being kept under extreme
pressure and were forced to perform against legal norms.
He also deplored the fact that a Province rich in minerals and natural
resources was always deprived of its royalties and share by former
governments and local feudals alike, hence the government should refrain
from aggravating the situation further, and try to end any sense of
deprivation among masses.
Rana Bhagwan Das also berated the reference filed against Justice
Iftikhar Muhammad Chaudhry, lauding the son of Balochi soil, who had the
courage to forsake any kind of threat or/and greed for the sake of
supremacy of law and Supreme Court, and paid glowing tribute to
Balochistan Bar Association which did not lag behind other National Bars
in rendering sacrifices for the sake of Federation and Judiciary.
Quoting the history, he reminded that independent Judiciary was first
shattered in 1954, when the then Governor General tried to appoint a
British CJ instead of other National judges, who resisted and had to pay
the price in Maulvi Tamizuddin case.
He also cited, how amendments in clauses 4,5 and 6 of the 1973
constitution tended to shorten the tenure of judges in order to
pressurize them into submission.
He said that the government’s decision to implement PCO was another step
to stifle Judiciary, whence 60 judges were sent packing, while media was
also gagged through PEMRA Ordinance.
He accused elements of trying to create hurdles in “The Murree
Declaration” which promised the reinstatement of Judiciary within 30
days, and said that there was a notable difference in all the three PCOs,
since Supreme Court delivered Justice within its defined parameters and
never deviated from its lawful course.
He informed that only that judge could be reinstated by Parliament, who
is suspended according to article 209 of the Constitution. The event was
also addressed by president Balochistan Bar Association, Baz Muhammad
Kakar advocate and others.
Meeting between the PPP co-chairman Asif Ali Zardari and PML (N) head
Mian Nawaz Sharif has been reported as inconclusive regarding lessening
the judges’ tenure The president Bar Association, Aitizaz Ahsan has
quoted that, “the Murree declaration “ does not provide about tenure of
judges, adding that Nawaz Sharif has asked him to contest the by-polls
from the constituency of NA-55. “ if Asif Zardari is interested from
contesting the polls from there, I will welcome him, but will not take
back my nomination papers”, he announced.
He stressed that President Musharraf will have to restore the judges,
alleging that the President house had become the ultimate conspiracy
which had become quite uncomfortable over restoring the deposed judges
and was, hence creating misconceptions on the issue.
Aitizaz affirmed that, he had no doubt upon the reliability of main
political parties and their leaders, since both the mainstream leaders
have assured that the restoration of the deposed judges should be
according to “Murree declaration”, excusing the Parliament for being too
preoccupied to deliberate over the issue, adding that a mere executive
order can reinstate the Judiciary.
Aitzaz said that in the presence of Zardari, Nawaz Sharif had affirmed
about reinstating judges in the next 30 days, and Zardari did not amend
the statement on the spot, which stands for his affirmation about
reinstatement of Judiciary according to the terms of Murree declaration.
Pakistan Bar Council (PBC) has rejected the announcement for the
formation of Judges’ Scrutiny Committee and said that there is no
mention of formation of Scrutiny Committee in the Murree declaration
regarding the reinstatement of deposed judges.
This was announced by the newly appointed Chairman of the Pakistan Bar
Council, Sayed ur Rehman, Vice Chairman Rashid A. Rizvi, Hamid Ali Khan,
Ali Ahmad Kurd, Munir A. Malik and others in a joint press conference
after the Executive committee meeting here in the Supreme Court on
Tuesday.
Chairman Pakistan Bar Council, Sayed ur Rehman has said that Executive
Committee meeting has decided to postpone the Lawyers Convention which
was schedule to be held on 26th April in Karachi.
|