21st Amendment: Top lawyers bodies to craft response on 31st

PBS, SCBA seeking consensus on whether to move SC against military courts

ISLAMABAD:

Active members of apex bodies of legal fraternity have expedited their consultations on devising strategy against the establishment of military courts under the 21st Constitutional Amendment.

Pakistan Bar Council (PBC) and Supreme Court Bar Association (SCBA) have summoned a joint meeting on January 31 to decide whether they should directly move a plea to the Supreme Court (SC) against the setting up of military courts.

“I will strongly stress the superior bars in the upcoming meeting that we should approach the apex court against the new constitutional amendment as it has completely destroyed the basic structure of the constitution, said former SCBA president and PBC executive member Yasin Azad.



Talking to The Express Tribune, he has also urged the top court to initiate suo motu proceedings against the establishment of military courts under Article 184(3) of the constitution.

Lamenting over the role of all political parties, he says that parallel judicial system has been established in the country and now heavy responsibility rests on the top court’s shoulders how it acts in the present scenario.

For the first time in political history, both houses of parliament have passed the 21st Constitutional Amendment without a discussion, he added. Lambasting the lawyers who have played their role in preparing the draft of constitutional amendment, Azad said once there was one Sharifuddin Peerzada but now the numbers of such characters is high.

PBC chairman executive committee Abrar Hassan said the top court must review the constitutional amendment as it is against the basic structure of the democratic set-up.

“In the upcoming meeting, we will decide whether we should approach the apex court or not after analysing all the aspects including the public opinion on the 21st  Constitutional Amendment”, he adds.

Similarly, former SCBA president Kamran Murtaza says that he has already drafted a petition against the establishment of military courts but will file at a proper time, adding, “Time will tell how much military courts are harmful for the country.”

Senior lawyer Hamid Khan, who is head of opposition lawyers group in the PBC and SCBA, has also announced he will mount challenge to the 21st constitutional amendment.

Similarly, sources told The Express Tribune that former chief justice of Pakistan Iftikhar Muhammad Chaudhry has been active to devise strategy against the passing of 21st  Amendment.

Meanwhile, Pakistan Justice Party on Friday stated that once again, political and military authorities by enacting 21st Amendment have given life to the ‘doctrine of necessity’.

Published in The Express Tribune, January 10^th, 2015.