SC directive to parliament deemed ‘unlawful’

PBC elects Abid Saqi as vice chairman in council’s 228th meeting

ISLAMABAD: The Pakistan Bar Council, the apex body of lawyers in the country, has taken strong exception to the Supreme Court verdict directing parliament to amend the Army Act to give legal cover to reappointment/extension in the tenure of Army chief General Qamar Bajwa.

Acting upon the directives to amend the Army Act within six months, parliament legislated on the tenure of services chiefs to be three years, plugged the lacunae in Gen Bajwa’s extension, as well as set their retirement age at 64 years.

In the 228th meeting of the PBC held under the chairmanship of Attorney General of Pakistan Anwar Mansoor Khan on Thursday, progressive lawyer Abid Saqi was elected as the body’s vice chairman for the year 2020 unopposed.

Saqi, who was a junior to Asma Jahangir at her firm, has worked for human rights and supremacy of law in the country.

After the poll, the PBC discussed the top court’s verdict in COAS extension case. The lawyers were of the opinion that taking up a seemingly out of turn petition, and “unlawfully” directing parliament to legislate on the matter, had raised many eyebrows.

In his media talk, the new vice chairman of PBC alleged that the petition in the extension case was motivated, and the top court judgement had provided grounds of “perpetual martial law” in the country.

Saqib said that a four-member committee had been formed to deliberate on the available options to nullify the new law, adding that lawyers believed there was no need of such legislation.

According to sources, there were divergent views among the bar council members on the extension issue.

While few members criticised the role of former chief justice Asif Khosa in the matter, others were disappointed by the effects of legislation on the issue.

Meanwhile, the government’s review petition against the apex court judgement is still in the court pending a review.

The PBC also deliberated upon the recent decision of the Lahore High Court declaring the constitution of the Special Court to hear the high treason case against General (retd) Pervez Musharraf as unconstitutional.

The lawyers expressed concern at the high court taking up the matter at such a stage where the right of appeal in the Supreme Court had not been exercised.

The PBC decided to file an appeal before the apex court against the LHC order which declared unconstitutional all actions taken by the previous government against the former military ruler, including the filing of a complaint on high treason charge and the formation of a special court as well as its proceedings, leading to the abolition of the death penalty handed down to him by the trial court on December 17.

In its resolution, the PBC also expressed serious concerns over forced disappearance and “unconstitutional” detention of advocate Inamur Rahim — a retired colonel who was picked up from his home in Rawalpindi on Dec 17, 2019 — and called for his immediate release. It demanded of stern action against the culprits.

The council also voiced concern over the appointment of judges in superior courts by the Judicial Commission of Pakistan. “The council is of the opinion that the judicial commission could not deliver to the expectations of the legal fraternity, rather, it appears that most of the appointments are being made in a non-transparent manner and without meaningful consultations with the stake holders,” it said, urging the JCP to amend the rules as proposed by PBC and provincial bar councils.

It proposed and urged the parliament to “suitably” amend Article 175-A of the Constitution for reconstitution of the commission to ensure merit-based appointments.

It regretted the last month’s attack by on Punjab Institute of Cardiology. At least three cardiac patients had lost their lives when scores of lawyers stormed the Punjab Institute of Cardiology vandalizing the facility and thrashing everyone in sight apparently to “settle the score” with doctors who, they claimed, had attacked one of their colleagues and then disseminated a video clip ridiculing them.

It directed the provincial bar councils to ensure disciplinary actions to curb any such incident in the future.

Among other pressing matters, the PBC also criticised the role of state agencies in controlling and curbing freedom of the press.