Lawyers gird up their loins to press ECP to hold elections within 90 days

Resolution passed during convention calls for countrywide protests on 14th to defend civilian supremacy, rule of law n Armed forces, other institutions bound to act in aid of ECP for timely elections n Speakers demand transfer of all civilians in custody of military to other authorities for fair trial n Seek implementation of all judicial verdicts passed under the Constitution.

ISLAMABAD  –  The All Pakistan Law­yers Convention has emphasised upon the importance of civilian supremacy, adherence to the Constitution, rule of law, and the indepen­dence and integrity of constitutional institu­tions as fundamental pillars of democracy and observe countrywide strike on September 14 to achieve these gains.

The convention was arranged by the SC­BA’s Executive Com­mittee at the Auditori­um of SCBAP Complex, Islamabad, to protect, defend & preserve the Constitution, rule of law and human rights. The ex-SCBA presidents of the Bar and the top leaders of the provin­cial Bar Associations at­tended the convention.

It was decided in the convention that all the Bar Associations across the country, shall ob­serve countrywide strike and will demon­strate peaceful protests in their respective Bar Associations in shape of rallies and marches to defend and uphold the Constitution, rule of law and human rights on September 14.

The resolution af­firmed the lawyers’ un­wavering commitment to justice, democracy, and the well-being of the nation. It said that the prime duty of the Bar Association and Councils is to ensure the enforcement of the Constitution and the law and to do all that is within its le­gal and legitimate capacity and ability in this behalf.

The convention said that the general elections are required to be held within 90 days of the dissolution of the assem­blies is concerned and the Election Com­mission of Pakistan and all other insti­tutions required to act in aid of the ECP are under constitutional duty to do so. It emphasized that no caretaker govern­ment can go beyond 90 days thereafter it becomes unconstitutional and illegal. The caretaker governments in the Pun­jab and KP have already become uncon­stitutional and are liable to be removed.

The lawyers maintained that the armed forces and their officials of all ranks are bound to act strictly in accordance with the Constitution and the law framed thereunder. The armed forces and their officials of all ranks are bound by their constitutional oath not to indulge in any political activity whatsoever.

They further said that every civilian is entitled to fair trial and due process be­fore the courts established by the Consti­tution and laws framed thereunder and trial of civilians before military courts is a complete negation of fair trial, due pro­cess and other fundamental rights guar­anteed under the Constitution.

They added, “All citizens are equal be­fore the law and no one, military, civil or judicial office holders; can claim any privileged status, immunity and conces­sions like free fuel, transport, electric­ity, gas etc and that such concession be withdrawn immediately.”

“The government or any of its institu­tions or officials should not be allowed to induce, pressurize or influence any judge for obtaining desired judicial ver­dicts and those found attempting to do so should be strictly punished under the law,” maintained the lawyers.

The convention demanded that all ju­dicial verdicts of the courts passed in ac­cordance with the Constitution and the law should be enforced and implement­ed by the executive and its officials in let­ter and spirit and those found responsi­ble for defying such verdicts should be strictly punished under the law.

It said, “All citizens and political work­ers, who are illegally arrested and de­tained for political reasons, should be immediately released and those respon­sible for their illegal arrest and deten­tion should be proceeded against in ac­cordance with law.”

It also said that all citizens being kept in custody of military or intelligence agency be transferred to the custody of the relevant and concerned civil law au­thorities for their presentation before ci­vilian courts. The arrest, detention and harassment of ladies for the last few months or so are strongly condemned and those found responsible for such act be punished under the law.

The lawyers said that the harassment of advocates performing their profes­sional duties is strongly condemned and those responsible be punished under the law. The phenomenal rise in the prices of electricity, oil, gas, sugar and other com­modities of common use be withdrawn and reduced and relief be granted to the common people of Pakistan in this be­half forthwith.

This convention acknowledged the gravity of the economic situation and invite all stakeholders to engage in con­structive dialogue to find solutions to address economic depression, offering the forum of this Association for such discussions.

The convention noted that Pakistan is passing through one of the most critical periods in its constitutional and political history wherein the constitutional dis­pensation is under serious threat and ju­dicial verdicts are being trampled upon. It said that there is alarming and ongo­ing blatant disregard for the principles of justice, the authority of courts, and compliance of judges’ orders.

It continued that it is imperative to en­sure that elections are conducted with­in the constitutionally prescribed time­frame of 90 days of the dissolution of assemblies, and it is pledged that law­yers will refrain from any unconstitu­tional actions in this regard; The law­yers in Pakistan are the protectors and defenders of the constitution, funda­mental rights and civil liberties of the citizens of Pakistan.

It added that the lawyer communi­ty in Pakistan has always stood for the rule of law and independence of judi­ciary; civilian supremacy, adherence to the constitution, rule of law, and inde­pendence and integrity of constitution­al institutions are the prime values of the lawyers’ fraternity.

The lawyers noted with concern that the constitutional timelines for hold­ing of general elections are being disre­garded and ignored by the institutions created and established by the constitu­tion itself for the purpose thus creating a constitutional void and chaos.

It also said that the law enforcing agencies and institutions are them­selves violating and undermining the human rights and civil liberties guar­anteed by the constitution. The lawyers also expressed serious concern over the forced disappearances, and said it is constitutional duty to ensure the protection of fundamental rights with equality for all citizens.