Curative review against Justice Isa: Lawyers call upon CJP for early decision

PESHAWAR: The All Pakistan Lawyers Convention on Saturday called upon the Chief Justice of Pakistan (CJP) to make an early decision on the plea to take back curative review against Justice Qazi Faez Isa.

Attended by a large number of lawyers, the convention at the Peshawar High Court was addressed by vice-chairman of Khyber-Pakhtunkhwa Bar Council Zarbadshah, chairman executive committee Syed Mubashir Shah, vice-chairman of Balochistan Bar Council Amanullah Kakar, vice-chairman of Islamabad Bar Council Raja Aleem Khan Abbasi, vice-chairman of Punjab Bar Council Basharatullah Khan, Advocate, former president Supreme Court Bar Association Ahsan Bhoon, President Peshawar High Court Bar Association Tariq Afridi and others.

Speakers also expressed concern over the internal differences among the judges of the Supreme Court, which they said would affect common people.

The lawyers urged the Pakistan government and other Muslim countries to sever diplomatic ties with Sweden in protest against the desecration of Holy Quran. The speakers at the convention also condemned the May 9 incidents, but opposed trial of civilians in military courts, which they termed an extra-constitutional act.

They said the SC had no power to interfere in the affairs of parliament. Therefore, the stay on the Practice and Procedure Act 2023 should be withdrawn at the earliest; otherwise, lawyers would go to any extent for promulgation and implementation of the law.

The lawyer representatives said they were not the agents of the chief justice, any individual or a political party. But they were the guardians of the law and Constitution, they added.

The speakers also opposed the formation of benches of specific judges for certain cases and stressed the need for appropriate rules for the purpose.

The convention also adopted a number of resolutions seeking an increase in the number of judges of Peshawar High Court to 30 and making other demands.

Zarbadshah said lawyers wanted supremacy of law and the Constitution. “The so-called establishment sabotaged the very first constitution of the country. In 1977, again the constitution was abrogated and a military dictator took over the country. But those who played with the country and the constitution have been forgotten,” he said.

He added that, unfortunately, the establishment did not want sustainability of democracy in the country. He said lawyers would continue to stand by the law and the Constitution.

Amanullah Kakar said the top judiciary made interference in parliamentary affairs, which was a matter of serious concern. Such interventions have created problems for the Supreme Court, he added. What else would be more unfortunate that judges of the apex courts had developed serious differences, he added.

Raja Aleem Abbasi expressed reservations over trials of civilians in military courts. He said they have differences with the former prime minister but civilians should not be tried in military courts.

Basharatullah Khan said the embassy of Sweden should be closed in the country until the Swedish government tendered an apology for the desecration of Holy Quran and punished the perpetrators. He urged the state institutions to work within their constitutional framework. The process from formation of benches till appointment of judges should be made transparent, he stressed.

Tariq Afridi said judges of the Supreme Court should be appointed on the basis of seniority as Khyber-Pakhtunkhwa had always been ignored as far as the apex court judges’ appointment was concerned.

One of the resolutions adopted on the occasion stressed the need for appointment of Chief Justice Sindh High Court as Supreme Court judge in the light of the letter of Justice Qazi Faez Isa. Another resolution stated that the reference against Justice Mazahir Ali Naqvi should be fixed for hearing at the earliest.

The judges, who have served as facilitators of dictators, should be tried in accordance with the law, another resolution stressed. The convention also stressed the need for working out a mechanism for redressing millions of pending cases in the courts and holding of general election in the country in a transparent manner.