Lawyers announce drive for rule of law

Say adverse consequences of the 26th and 27th constitutional amendments wreak havoc on justice system

ISLAMABAD:

The Lawyers Action Committee has announced a nationwide lawyers' movement for the rule of law and the independence of the judiciary after the summer vacations, with former Supreme Court Bar Association (SCBA) president Ali Ahmed Kurd set to lead the campaign.

The movement will begin from Peshawar, according to the committee.

Sources said the Lawyers Action Committee is largely comprised of members belonging to the professional group. Around two dozen office-bearers of various bar associations attended the committee's meeting and expressed their views.

The development comes as the Independent Group, which enjoys a majority in the SCBA and the Pakistan Bar Council (PBC), remains aligned with the present government and is fully backing the 26th and 27th constitutional amendments.

In a statement issued after the meeting, the Lawyers Action Committee said the adverse consequences of the 26th and 27th constitutional amendments continued to "wreak havoc" on Pakistan's justice system and described the existing process for appointing high court judges as "particularly horrific."

The committee alleged that the nomination of a high court judge had become comparable to a Senate nomination, claiming that judicial appointments were either granted as rewards for political loyalty or secured through financial influence.

It said that when high court judges attained office not on the basis of competence or integrity but through their ability to manoeuvre among different groups and political parties represented in the Judicial Commission of Pakistan (JCP), "the future of justice in Pakistan is surely doomed."

The statement further criticised the interview process for judicial appointments, saying it had been reduced to "a mockery" by being conducted in camera while excluding several JCP members from the interview committee, allowing "blatantly unqualified candidates to pass through with flying colours."

The committee called upon JCP members "still possessed of a conscience" to refrain from participating in what it termed a "horse-trading exercise" and to speak out against the process.

Expressing concern over the deteriorating security situation in Balochistan, it said it was deeply saddened by the loss of dozens of lives and the continuing wave of terrorist attacks in the province.

The committee said the government and the military should recognise that the situation in Balochistan would not improve simply by restricting coverage of the issue in the national print and electronic media.

It maintained that after "20 wasted years" of what it described as a failed security strategy, it was time for the military to allow a genuinely elected political leadership to take charge of efforts to restore peace in Balochistan.

It further stated that instead of learning lessons from developments in Balochistan and Khyber-Pakhtunkhwa, the establishment was repeating similar policies in Kashmir and Gilgit-Baltistan.

According to the statement, pursuing a "hard state" alienated large sections of the population in these regions, resulted in loss of life and security, and created long-term grievances that others exploited.

The committee called for the establishment of a fact-finding commission for Balochistan, K-P, Kashmir and Gilgit-Baltistan to identify local grievances and hold public discussions on possible solutions.

The committee also criticised the continued detention of advocates Imaan Mazari and Hadi Chattha, as well as political prisoners including Imran Khan, Dr Yasmin Rashid, Mahrang Baloch and Ali Wazir.

It said the continued incarceration of these individuals reflected "a complete lack of ideas on how to deal with dissenting voices" and criticised what it described as the silence and complicity of the judiciary, bar bodies and political parties in the face of injustice.

The committee warned that the prevailing situation was unsustainable and could lead the country towards "an irreversible catastrophe."

It also condemned what it called persistent attempts by the Pakistan Bar Council and provincial bar councils to obstruct and manipulate bar association elections where they feared unfavourable results.

It demanded that all bar elections be conducted strictly on schedule in accordance with the law, with NADRA verification of voters.

It also called for the removal from the rolls of individuals holding fake law degrees or alternative full-time employment, and sought a complete ban on voting by lawyers holding dual memberships in different bar associations.

The committee also announced its support for the ongoing sit-in at Babarlo in Sindh over the disappearance of Priya Kumari and others, urging the Sindh government to respect minority rights and address their legitimate grievances.