QUETTA: Amid the ongoing tussle between the executive and the judiciary, leaders of the legal fraternity have advised all institutions to work within their constitutional limits and asked lawyers to stand by the Consti­tution and not any particular class.

They said that being the superior judiciary, the Supreme Court needs a lot of caution and as an institution, it should not become weak.

Addressing the National Lawyers Convention organised by the Balochistan Bar Council (BBC) at the Balochistan High Court here on Saturday, they expressed concern over political and constitutional crises in the country and said the democratic system today is in danger and the judiciary is working as a “tool for undemocratic powers”.

“Therefore, it is important that lawyers play a strong and stable role and move forward in the national interest. It has been an honour that the lawyers of Balochistan have taken the initiative, be it constitutional crisis, martial law or the supremacy of parliament in the country,” they added.

Balochistan bar convention demands institutions work within their own constitutional limits

The lawyers’ leaders were of the opinion that elevation of judges to the Supreme Court should be on the basis of seniority, adding that reappointment of retired judges, generals and bureaucrats in institutions should be banned to accommodate fresh and energetic persons on vacant posts.

Advocate Rahab Bilidi, a member of the Pakistan Bar Council (PBC), said that lawyers belonging to Balo­ch­istan had always stood by the supremacy of the Constitution and parliament and opposed martial law in times of constitutional crisis in the country.

Former president of the Balochistan High Court Bar Association Abdul Majeed Kakar said lawyers had rendered many sacrifices and suffered hardships for upholding the sup­remacy of the Constitution and law.

Former attorney general for Pakistan Irfan Qadir, while speaking through video link, said the country is going through political and constitutional crises and the “role of the chief justice of Pakistan and like-minded judges is sad”.

Ahmed Farooq Khattak, a former member of the Khyber Pakhtunkhwa Bar Council, said the lawyers’ movement becomes successful when it starts from Balochistan.

“Constitutional and legal matters are left to three judges of the Supreme Court. They do not consider themselves as judges, Qazi or Munsif, but as ‘police officers’. Six junior judges are sitting in the Supreme Court and I condemn the current government as it voted for junior judges under pressure. The nation is facing a constitutional crisis due to the evaluation of junior judges to the apex court,” he added.

Mr Khattak accused former CJP Saqib Nisar of giving the “dictator [army chief] a three-year extension”, adding that Justice Nisar and favourites always disrespected fellow jud­ges. Lawyers should raise their voice against such disrespect, he added.

Senior vice president of the Supreme Court Bar Association Yousuf Mughal and Islamabad Bar Council’s Adil Aziz said the Supreme Court should uphold the truth and make decisions based on justice.

Sindh Bar Council vice chairman Azhar Abbasi said that “we are not against anyone, but we are raising our voice to remove objections against the Supreme Court so that the prestige of the top court is restored”. “There are serious questions raised over the suo motu powers and the addition of favourites to the bench.”

Former chairman of the BBC Salim Lashari said the supremacy of the Constitution would be established when all the institutions remain within their limits.

“If the constitutional limits are crossed, then the constitutional supremacy does not exist; the Supreme Court is the last court of the country which needs a lot of caution. ‘Judges Club’ is formed when junior judges are elevated to the Supreme Court,” he said, adding that lawyers all over the country should stand by the Constitution and not by any particular class.

Published in Dawn, April 30th, 2023