LAHORE, Feb 25: Supreme Court Bar Association (SCBA) President Aitzaz Ahsan says those advocating for parliamentary intervention for the restoration of the 'independent judges' and the removal of the Provisional Constitution Order are actually conceding validity of Gen Pervez Musharraf's illegal actions.

Mr Ahsan spoke to Dawn on the prevailing concern within some members of the lawyers community that his March 7 deadline for the parliament to restore the judges meant "a confrontation with the elected parliament". (Mr Ahsan has warned the parliamentarians of a long march to Islamabad in case they missed the deadline and supports judges' restoration through an executive order.)

According to him, the idea of parliamentary intervention would mean an admission that a military commander has the right to amend the Constitution and arrest the judges. "Tomorrow another military commander can impose emergency, amend the constitution, repeal the fundamental rights, abrogate parliament, arrest the judges and restore the amended constitution and claim that it is now the supreme law," he added. "How can this logic be even entertained?" he asked.

"On the flip side, the second aspect of this issue pertains to criminality. Chief Justice Iftikhar Mohammad Chaudhry and seven other judges have been detained along with their children for the last four months. What crime have they and their children committed? This is the 21st and not the 16th century," he said.

He said democracy or parliament could not be built upon the debris of an independent judiciary. "And who will be an impartial judge henceforth in Pakistan if he has before himself the horrible example of the chief justice and his children?" he asked.The SCBA president said just when, after 60 years of subservience, the judiciary was becoming strong and independent, General Musharraf struck at its very roots and that, too, in a horrible fashion. He warned that parliament could not be strong without an independent and strong judiciary.

"We don't wan to destabilize the parliament. But we expect it to exercise its sovereignty and not shirk the task of reinstating the judges and ignoring all illogical actions of General Musharraf (retired)," he said. If a parliament could not do that, it would be more like a representative local council, which would have signed its own death warrant and handed it over to General Musharraf (retired), he added.

Aitzaz said he wished to see the parliament sovereign and completing its term. "We will resist any attempt to destabilize or dissolve this parliament. Musharraf is already standing at the exit door and no longer in command of the army, besides being sacked by the people of Pakistan," he added.

Aitzaz said all actions from Nov 3 to Dec 17 must be disregarded otherwise it would be a tragic precedent for future military adventurism.

Answering another question on the impartiality of deposed judges on restoration, Mr Ahsan said a movement by bar associations was by definition a multi-party and non-partisan movement. "Bar associations jell with members from all parties. They in fact represent the entire spectrum of social and political thought. The minds of the restored judges will therefore not be affected," he said.

Asked if he was a candidate for a high office of the state, Mr Ahsan said his party - the PPP - and its leadership could take such a decision alone.