Lawyers alive to guard 'independence' of judiciary

LAHORE - The TV report about recalling of Prime Ministers March 16, 2009 executive order to reinstate judges of superior judiciary, sacked through November 3, 2007 PCO by former dictator Pervez Musharraf, has stirred up citizens to a strong reaction. The legal fraternity asserting as custodian of the independent judiciary, has come up with a resolve to guard offices of the present judges by going to any length. Stung and suffered by the November 3 attack on the sitting Judges by Pervez Musharraf in 2007, a strong resentment at the public level against the possible coup by a democratic government on judiciary has been observed as something natural. The lawyers smelling the rat have gone an extra yard and expressed their mind to do much more than what a common man can. A section of city lawyers Friday sounded bracing up to deal with the possible action by the government on judiciary arguing, if the letter can go to the extreme to avoid implementation of SC decisions, particularly on NRO cases, they can also go to any length to protect the judiciary and get its decisions implemented. The young lawyers impassioned to protect the present judiciary, are perhaps short of understanding the upshot of their action and street protest in case of any assault on judiciary, as present is a different set up than that of a dictatorial rule, said a senior lawyer asking the government not to test the nerves of the legal fraternity as the reaction may be unexpected and beyond its imagination this time round. He said the government must understand that in political dispensation, lawyers divide on basis of their political affiliation and what consequences as such, a wrong step of the rulers can yield, may be very serious. The government is responsible for maintaining peace as right of everyone as such it must avoid airing the report which disturbs a calm situation, available to the people in 'patches between the terror attacks and bomb blasts at present. Former Advocate General Punjab Ashter Ausaf Ali views the report on withdrawal of notification as intentionally made public by the government in order to gauge the public reaction, which has been very strong. The prime minister on the floor of the House, has himself hinted at withdrawing the notification/executive order and this time the government was seriously pursuing this option, but has retreated under a strong reaction, he added. He said as the PCO has been declared void ab intio as such the judges were never removed from the office and the prime minister executive order was not for their appointment but an order in the administrative nature which the PM passed as duty to rectify and streamline things. President Lahore High Court Bar Association Mian Abdul Quddus and other members of the body strongly condemned any possible onset on the judiciary and vowed, lawyers would not shirk giving any sacrifice for the sake of independent judiciary. The Bar cabinet has also called an emergency meeting of the General House on the issue on Monday next. The Supreme Court Bar Association has also risen to the situation and warned that anything unwise done against the judiciary would be taken seriously. Judicial Activism Panel in its meeting headed by its chairman, Muhammad Azhar Siddique, carried a resolution stating the prime minister will commit a gross contempt of court even if he talked of withdrawing the March 16, 2009 order for the restoration of judges. He said that in the given circumstances, no superior court judges could be removed sans the procedure laid down under Article 209 of the Constitution.

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