KARACHI, March 20: Chief Justice of Pakistan Iftikhar Mohammad Chaudhry cannot be sent on leave under the President’s Order 27 of 1970 as it was not a valid law, several representatives of Bar said here on Tuesday.
Addressing a press conference, Pakistan Bar Council member Yasin Khan Azad and Sindh Bar Council members Mustafa Lakhani, Mohammad Aqil, Khalil Dogar, Salahuddin Gandapur and Advocate Waheed Kanju maintained that the Judges Compulsory Leave Order was not validated by the 1973 Constitution vide its Article 270. Besides, a judge could be sent on compulsory leave under the order only if the Supreme Judicial Council was inquiring into his conduct. The SJC must take cognizance of a presidential reference before a judge could be asked to proceed on leave. The order was issued under the Provisional Constitution Order of 1969.
Referring to President Pervez Musharraf’s interview to a television channel, they said he should not have stopped at admitting his or the government’s mistakes but should have announced his resignation after the admission. They said their campaign was aimed at saving the independence of the judiciary and would continue till the CJ was reinstated with full powers.
Mr Lakhani, who attended the March 17 lawyers’ convention in Lahore, held the Lahore High Court chief justice responsible for police action as police could not have entered the premises without his permission. The lawyers he vowed, would not be cowed by the police excesses.
Earlier, the members of the Sindh High Court Bar Association observed a token strike from 10.30am to 11.30am. Advocates Sathi M. Ishaq, Sarwar Mohammad Khan, Kamran Shahzad Siddiqui and Hashim Padhiar observed a three-hour hunger strike.
A Reporter adds: Eleven members of Karachi Bar Association (KBA) observed a token hunger strike from 10am to 4pm on Tuesday as a part of lawyers’ campaign for acceptance of their demands.
Those who sat on hunger strike were Salim Zia, Aijaz Khattak, Arshad Jadoon, Khalil-ur-Rehman Abbasi, Shoaib Mirza, Fazal Din Rajput, Sadiq Tanoli, Salim Bhatti, Haji Sardar Bahadur, Salim Tanoli and Ghulam Mustafa.
The lawyers also boycotted the courts proceedings for one hour from 10.30am 11.30am and during theIR one hour strike gathered in front of the city courts. They raised slogans against President Musharraf, Chief Minister Sindh, and the federal ministers for information and railways.
The KBA will also boycott court proceedings today (Wednesday) for an hour. It will decide its future line of action in a general body meeting to be held at 1am in the city courts premises.
Salim Zia advocate, acting president of PML-N Sindh said President Musharraf was bent upon destroying institutions. He said the lawyers’ struggle was for supremacy of the constitution and independence of judiciary. He urged the people to join hands with lawyers to establish rule of law in the country.
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