RAWALPINDI, Dec 19: The forthcoming general elections will in no way be fair and transparent and the ‘show’ is being staged just to overshadow the ongoing struggle of the lawyers for independence of judiciary.

This was stated by deposed chief justice of the Peshawar High Court (PHC) Justice Tariq Pervaiz while speaking to participants of a joint meeting of high court and district bar associations on telephone from his residence in Peshawar on Wednesday.

Justice Tariq Pervaiz is under house arrest and was not allowed to leave for Rawalpindi.

He said independent judiciary was the ultimate custodian of the basic rights of the people and when there was no guarantee of basic rights, nations stood divided.

Appreciating the struggle of lawyers, he said they were the hope of the nation in the movement for supremacy of the rule of law in the country. I feel proud to be part of the lawyers’ community but at the same time feel ashamed to be part of a community of judges which include PCO judges, he said.

Speaking on the occasion, Justice (retired) Wajihuddin Ahmed said the legal fraternity demanded restoration of all deposed judges minus PCO judges.

He said all constitutional amendments under the PCO were unconstitutional as these were carried out by a single person just to secure another term of five years unlawfully.

The only challenge to him was the higher judiciary which was suspended and put under house arrest with a stroke of pen. Such an action remained unprecedented in the history of the world, he said.

An interesting situation has come up after the amendment to Article 63 of the Constitution regarding qualifications and disqualifications of a person to be president. Nawaz Sharif cannot be elected a member of the National Assembly after having been convicted but he can become president despite convictions, Justice Wajihuddin said.

He said it would be a difficult question for the newly- elected assemblies as they would take oath not under 1973 Constitution but under Musharraf’s constitution after changes were made in it under the PCO.

The former judge of the Supreme Court said the new assembly had to decide about the PCO amendments and needed two-third majority in parliament to revoke these unconstitutional amendments. They would also have to address the issue of deposed judges.

He urged the lawyers to remain peaceful while raising their voice for the rule of law as violation would only invite a new dictator.

The bar association presented shields to all those lawyers who were arrested after the state of emergency was declared on November 3.

Meanwhile, lawyers welcomed the chief guest and condemned the house arrest of deposed chief justice of the Peshawar High Court (PHC) and vowed to carry on their struggle for independent judiciary.