LAHORE, Dec 12: Deposed Peshawar High Court (PHC) Chief Justice Tariq Parvez Khan, who refused oath under the Provisional Constitution Order (PCO), has said Pakistan was an independent but not a sovereign state and policy makers as well as politicians were succumbing to foreign commandments.

Addressing the members of Lahore Bar Association at Aiwan-i-Adl, Chief Justice Tariq said it was imperative for intelligentsia and all sections of society to launch a combined movement against the imposition of emergency on Nov 3 to save the country from disintegration.

He said people should bind themselves together irrespective of their political affiliations and come forward to play their role in rescuing the country from current turmoil.

“I am addressing you as the chief Justice of the PHC because all actions taken against me and my brother judges under the PCO were unconstitutional. It is my right as a citizen of this country to defend the Constitution and judicial system,” he added.

“I would not, however, be able to join lawyers’ movement because it would be in violation of my oath under the Constitution,” he said.

He regretted that other countries were interfering with the affairs of the country by advising the head of political parties to contest elections. He added the Turkish president and an American envoy came rushing to Pakistan and spoke with politicians against boycott of elections.

“I also fail to understand what concern Saudi ambassador has got to meet Chief Justice of Pakistan Iftikhar Mohammad Chaudhry and offer him a ‘long stay’ in Saudi Arabia.” “Is this a status of a sovereign state?” he asked.

He said Supreme Court’s July 20 verdict dismissing a so-called presidential reference against the CJP was an example of independence of the judiciary that had buried the ‘doctrine of necessity’, but, unfortunately, this independence lasted for a very short period of time.

He said the executive should not interfere in judicial working by making such laws that have any bearing on the concept of independence of the judiciary.

The legislature should also abstain from making any law that curtails the judiciary’s powers enshrined in the Constitution and acknowledged by the charter of United Nations.

“Independence of a judge always relates to an individual holding the office of a judge. And, if the judge is honest, decides cases on merit without fear and favour, and who is not approachable and whose credibility is unchallengeable, he will be considered an independent judge,” he said.

“While independence of the judiciary is a much wider concept and depends mostly on external factors instead of internal ones,” he said adding, “It should be ensured that judiciary must be provided conducive environment that does not affect or influence its independent working.”

He said independence of the judiciary could not be maintained unless all pillars of the state recognised it.

He also underlined the need of absolute financial autonomy to judiciary and the executive by all means should execute court orders.

He lauded lawyers’ role that they were playing for reinstatement of judges and the establishment of rule of law, supremacy of the Constitution and independence of the judiciary.

Advocate Hamid Khan, who is head of lawyers’ Professional Group, said lawyers did not recognise PCO judges because they had shown their loyalty to a “usurper” by taking oath under PCO.

Earlier, a large number of lawyers, gathered outside Awan-i-Adl under rain to welcome the PHC chief justice. They chanted slogans in favour of Justice Tariq Parvez, CJP Iftikhar Muhammad Chaudhry and all those judges who did not succumb to the PCO’s allegiance.

It is pertinent to mention here that Chief Justice Tariq Parvez arrived after soliciting a permission from detained CJP Iftikhar Muhammad Chaudhry to address the LBA.

The LBA had extended an invitation to Justice Tariq Parvez Khan to address its members, but Chief Justice Tariq Parvez sought permission from the CJP.

Advocate Hamid Khan had conveyed the CJP’s permission to Chief Justice Tariq Parvez to accept the LBA’s invitation as soon as possible.