It’s good to see the spirits are still high and the momentum is still on for the great lawyers movement for the independence and restoration of judiciary in Pakistan.
Keep it up and InshaAllah success will be there for the right and just cause.
Lawyers to march on Islamabad in March(The News)
The legal fraternity had announced another “Long March” on March 9, 2009, to seek the reinstatement of deposed chief justice of Pakistan (CJP), Justice Iftikhar Muhammad Chaudhry.
“Lawyers will start a long march throughout the country and assemble on March 9 at Islamabad’s constitutional avenue,” Supreme Court Bar Association (SCBA) President Ali Ahmed Kurd told journalists after the National Coordination Council (NCC) meeting in Karachi. He categorically said that lawyers would stage a sit-in in front of the Parliament House. When asked about the duration of the sit-in, however, he said that it would be specified later.
Flanked by NCC leaders Chaudhry Aitazaz Ahsan, Rasheed A. Razvi, Munir A. Malik, Sardar Ismatullah, Latif Afridi, Mohammad Ali Abbasi and others, Kurd said that injustice and lawlessness could not be stopped until an independent and fearless judiciary was restored. He appealed to the lawyers, students, civil society, political parties and workers to join the long march, head towards Islamabad and stage a sit-in for the restoration of the rule of law and an independent judiciary.
Former SCBA President Chaudhry Aitazaz Ahsan provided details of the NCC meeting. He said that the council members had taken stock of the existing state of the lawyers’ movement for the reinstatement of all judges of the superior courts who were made non-functional on November 3, 2007. He also announced that an All-Pakistan Lawyers Convention will be held at Lahore on January 24.
Ahsan said that another lawyers convention will also be held at the national level on February 18, on the first anniversary of the general election that was the outcome of the lawyers struggle. The date and place of the convention would, however, be announced later, Ahsan said, adding that with a view to mobilise the masses to participate in the long march, the NCC shall form committees to liaison with the civil society, students and political parties that share their goals.
He said that the lawyers meeting also deplored the government for not honouring its promises for the reinstatement of the deposed CJP and giving confirmation to steps taken by the previous regime under the November 3 Provisional Constitution Order (PCO) by reappointing deposed judges through fresh oaths.
Ahsan said that the lawyers still stood by their commitment and were starting the long march to “save the country.” Their objectives are still relevant today and will be continued till the independence of the judiciary and the restoration of rule of law, he said, adding that the deposed CJP had dedicated the awards that he received during his US visit to the people of Pakistan in general, and the legal fraternity in particular.
The lawyers’ leaders also condemned the government’s attempts to throttle the lawyers’ movement by threatening the disbarment of Bar leaders and activists engaged in the struggle. They resolved to defend them before every appropriate forum.
They also congratulated the lawyers’ leaders who were elected as office-bearers from different bar associations and said that the lawyers would continue their struggle until its logical outcome.
Those who violated Supreme Court Order of 3rd November will be punished–>Constitutional and Genuine CJP Iftikhar Chaudhary
Faisalabad: Constitutional and genuine Chief Justice of Pakistan has said that those who violated the 3rd November 2007 SC order will be punished.
While addressing the lawyers convention in Faisalabad CJP Iftikhar said its time for lawyers,civil society, political workers and the whole nation to decide which type of judiciary they want whether independent pre-3rd November or post-3rd November(unconstitutional and PCO whcih surrendered infront of the dictator) judiciary.
He said the demand for the restoration of the judiciary is in accordance with the SC decision of 3rd November 2007 and that the decisions in the future(in the related cases) will be taken in accordance with the 3rd November of SC decision which rejected the dictator’s PCO.
The convention was also addressed by President of SCBA Aitzaz Ahsan,Hamid Khan,Ali Ahmed Kurd,Munir A Malik,Mehmood ul Hassan and others who demanded the restoration of judiciary, condemned the minus one forumula,Zardari’s approach towards the issue and re-uttered their conviction with the movement and the call for 10 June long march.
(DRAFT RESOLUTION by Justice(R) Fakhruddin G Ebrahim for the Restoration of Genuine Judiciary )
THE NATIONAL ASSEMBLY OF PAKISTAN
WHEREAS, We the elected representatives of the people of the Islamic Republic of Pakistan acknowledge and honor the long and arduous struggle for the return to democracy and rule of law by the legal fraternity, civil society and the ordinary citizens of our beloved country.
AND WHEREAS, We pay tribute to Shaheed Mohtarma Benazir Bhutto and thousands of brave political activists across the country who made the ultimate sacrifice and laid down their lives or suffered imprisonment for the cause of restoration of parliamentary democracy and the rule of law in Pakistan. We shall not let their sacrifices go in vain.
AND WHEREAS, this Assembly is mindful that the foundation of democracy cannot survive without a return to the rule of law. We are mindful, that the rule of law cannot survive the rule of the gun unless we have an independent judiciary. And, we are cognizant that we shall never have an independent judiciary if the Judges of the Superior Court’s of this country are imprisoned at the whims of a lone individual.
AND WHEREAS, we as Members of the National Assembly have taken oath to “preserve, protect and defend the Constitution of the Islamic Republic of Pakistan” and we shall not waiver from this oath.
AND WHEREAS, Article 209(7) of the Constitution provides in no uncertain terms that “A Judge of the Supreme Court of or of a High Court shall not be removed from office except as provided in this article.” Therefore, as opined unanimously by leading former Chief Justices and Judges of the Supreme Court of Pakistan, the actions of 3rd November 2007, seeking to remove and restrain the Chief Justices and Judges of the Supreme Court of Pakistan and the Provincial High Courts is void ab initio and has no sanctity in law.
WE, THEREFORE, bound by our Constitutional Oath and the mandate given by the people of Pakistan on February 18, 2008 do hereby RESOLVE and call upon the Federal Government to remove all illegal restrictions placed on the Chief Justices and Judges of the Supreme Court of Pakistan and the provincial High Courts on and after 3rd November 2007 with immediate effect.
History shall not forgive those, who even now, may seek to obstruct the irreversible path to constitutional rule in our great country.
THEREFORE, WE FURTHER RESOLVE, and call upon the Federal Government to perform its obligation under Article 190 of the Constitution and act in aid of the Chief Justices and the Judges of the Supreme Court of Pakistan and the Provincial High Courts who were illegally restrained on and after 3rd November 2007 so that they may resume their Judicial functions in accordance with the provisions of the Constitution.
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