South Punjab bars ‘out of bounds’ for Khosa, Naek

MULTAN, Oct 27: A lawyers’ convention has barred president of Pakistan, federal law minister and attorney general from entering all the barrooms in southern Punjab for allegedly taking a stance detrimental to the lawyers’ cause.

“The entry of each and every person who is against the lawyers’ movement for the restoration of deposed judges is banned, whether he is President Asif Ali Zardari, Law Minister Farooq A Naek and Attorney-General Latif Khan Khosa,” a resolution passed by participants of the convention attended by representatives of all bar councils of southern Punjab stated here on Monday.

The convention also rejected Pakistan Bar Council decision suspending the licenses of the Lahore High Court Bar’s Multan Bench President Mahmood Ashraf Khan and Secretary-General Rana Naveed Ahmad, removal of both office-bearers from their posts and nomination of acting president and secretary-general.

It warned some PBC members against using the bar against the lawyers’ cause while erasing the name of Attorney General Latif Khan Khosa from the “roll of honour” of high court bar due to his allegedy interference in the matters of bar and taking a stance detrimental to the lawyer’s cause.

Addressing the convention, LHC Justice Shahid Saddiqui (retired) said during the past 60 years, rulers had always suppressed the judiciary by sending the dissenting judges home in violation of the Constitution.

He said he felt proud that he did not take oath under PCO because it was the responsibility of judges to protect the Constitution.

Another retired judge of the LHC, Justice Jahangir Arshad, said now being a lawyer he would not appear before any PCO judge.

He demanded the Punjab government should initiate a trial against a former Sahiwal DPO who was allegedly responsible for the burn injuries caused to scores of lawyers when they were protesting against the suspension of the Constitution last year.

He said the PBC had suspended the licenses of seven members of Bahawalpur Bar who had launched a campaign to remove the bar president.

He said Athar Bokhari should restrict him for elections and should avoid to interfering in the matters of high court bar association.

President LHC’s Multan Bar Mahmood Ahraf Khan said appointment of acting bar president and secretary-general and suspension of lawyer’s licenses had brought a bad name to the PBC.

Later, the participants of convention held a rally from the high court building to SP Chowk. They chanted slogans against Latif Khosa, Farooq A Naek and Chief Justice Abdul Hameed Dogar.

South Punjab bars ‘out of bounds’ for Khosa, Naek -DAWN - National; October 28, 2008

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PPP on 'Save Mush Harm Pakistan' mission

Selective indemnity proposed in expanded PPP package

By Syed Irfan Raza

Pakistan people’s Party’s constitution amendment package contains insertion of Article 270AAA to give indemnity to certain actions of President Pervez Musharraf, including ordinances issued between July 12 and Dec 15 last year, but is vague on the issue of proclamation of emergency and Provisional Constitution Order (PCO).

The package, containing about 80 amendments, if approved, will make drastic changes in the Constitution to restore the sovereignty of parliament and curtail the powers of the president.

But perhaps the most significant of all the measures suggested is an amendment to reinstate all the judges who were sacked under the emergency order and to reinstate them to the position that existed on Nov 2, 2007.

The package suggests amendments regarding reinstatement of the superior court judges, a new form for members of the armed forces, validity of general elections of 2008, renaming of the NWFP and changes to the article dealing with high treason.

A copy of the package was handed over to Pakistan Muslim League-N chief Mian Mohmmad Nawaz Sharif by Law Minister Farooq Naek in Lahore on Sunday.

Analysts said the indemnity to be provided in the proposed package to President Musharraf would pave way for him to step down because most of his actions that had become controversial would get constitutional cover and, therefore, might not be challenged in a court.

The latest version of the Constitution contains new articles 270AAA, 270B and 270C providing indemnity to the acts of the president, including the sacking of about 60 judges, under his controversial decision to proclaim emergency. The 17th Amendment had introduced Article 270AA validating earlier acts of the president.

My Comment: Shame on PPP acts... it is not goin to help pakistan in any way. How can they add this indemnity to such an act in their package??? they certainly are not sincere in restoring teh judges... r they nuts????

The insertion of Article 270AAA (point 73) might have been included in the package at a later stage because it has not been reported in the media.

Earlier, the media had been told that the package contained 62 amendments but the draft given to the PML-N chief has about 80 points.

It may be mentioned here that President Musharraf had already inserted an article in the Constitution and its clause-I validates the proclamation of the state of emergency on Nov 3, 2007.

However, the Article 270AAA proposed in the package does not mention specifically the proclamation of emergency and the National Reconciliation Ordinance.

Selective indemnity proposed in expanded PPP package -DAWN - Top Stories; June 02, 2008

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Article inserted by Musharraf

The following is the text of Article 270AAA inserted in the Constitution by President Pervez Musharraf last year.

In the Constitution, after Article 270AA, the following new Article shall be added, namely:- “270AAA. Validation and affirmation of laws etc. (1) The proclamation of Emergency of 3rd November, 2007, all President’s Orders, Ordinances, Chief of Army Staff Orders, including the Provisional Constitution order No.1 2007, the Oath of Office (Judges) Order, 2007, the amendments made in the constitution through the Constitution (Amendment) Order, 2007 and all other laws made between the 3rd day of November, 2007 and the date on which the Proclamation of Emergency of the 3rd Day of November, 2007, is revoked (both days inclusive), are accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever.

“(2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, on or after the 3rd day of November, 2007 in exercise of the powers derived from any Proclamation, Provisional Constitution Order No. 1 of 2007, President’s orders, ordinances, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding anything contained in the Constitution or any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever.

“(3) All proclamations, President’s orders, ordinances, Chief of Army Staff Orders, laws, regulations, enactments, including amendments in the Constitution, notifications, rules, orders or bye-laws in force immediately before the date on which the Proclamation of Emergency of the 3rd day of November, 2007 is revoked, shall continue in force until altered, repealed or amended by the competent authority.

“Explanation.- In this clause, “competent authority” means,- (a) in respect of President’s orders, ordinances, Chief of Army Staff Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and (b) in respect of notifications, rules, orders and bye- laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

“(4) No prosecution or any other legal proceedings, including but not limited to suits, constitutional petitions or complaints, shall, notwithstanding anything contained in the Constitution or any other law for the time being in force, lie in any court, forum or authority against any person or authority on account of or in respect of issuance of the legal instruments referred to in clause (1) and on account of or in respect of any action taken by the Chief of Army Staff, the President or any other in exercise or purported exercise of the powers referred to in clause (2).

“(5) For purpose of clauses (1), (2) and (4) all orders made, proceeding taken, appointments made, including secondments and deputation, acts done or purporting to by made, taken or done by any authority or person shall be deemed to have been made, taken in good faith and for the purpose intended to be served thereby.”

Article inserted by Musharraf -DAWN - Top Stories; June 02, 2008

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Constitutional package fails to impress lawyers

The proposed 18th amendment to the Constitution has apparently failed to address the core issue of restoring the superior judiciary to its Nov 2 (2007) position, Bar representatives said here on Monday....

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The lawyers and the people at large, the representatives said, were confident that the new democratic government would undo the provisional constitution order (PCO) of Nov 3, 2007, and restore the judiciary. The hopes were belied as the new rulers started dancing to the tunes of dictatorship. However, the lawyers would frustrate all moves to oust the deposed judges and retain those who took oath under the PCO, they vowed.

The representatives expressed their concern at US interference in a purely internal issue like the reinstatement of judges. “The people of Pakistan are in a position to decide for themselves as evident from their vote against dictatorship in the Feb 18 polls.” They appealed to lawyers and civil society to observe a ‘black day’ on the arrival of US envoy Negroponte in Islamabad.

KARACHI: Constitutional package fails to impress lawyers -DAWN - Local; May 27, 2008

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PPP now wants 'Restoration of Judiciary'

(The News, Jan, 7): The jolted leadership of Pakistan People’s Party (PPP) is now talking of the restoration of pre-November 3 judiciary in accordance with the will and statement of its martyred leader Benazir Bhutto, which she made on the day of lifting of emergency, but in her own way.

The PPP will have no problem with the restoration of pre-November 3 judiciary which was sacked after the imposition of emergency by the then General Pervez Musharraf if it is done by the parliamentary committees comprising both government and opposition members in the new parliament.

A senior PPP leader when asked about the stance of her party said the party wants complete independence of the judiciary.This point has become the only issue on which the Charter of Demands between the PPP and the APDM was stuck and abandoned.

The text of the Charter, obtained by ‘The News’, shows the APDM wanted this language:

“All Supreme Court and High Court judges who were removed on 3rd November 2007 should be restored.”

The ARD position was:

“The courage and principled position taken by the judges of the superior judiciary who did not take oath under the PCO is recognised. The declaration of emergency dated 3rd November, 2007 issued by the chief of army staff be withdrawn. The Provisional Constitution Order be revoked and independence of the judiciary restored.”

When the PPP leader was asked about this and her party’s planning regarding this, she said that this issue might be discussed in today’s (Wednesday) Central Executive Committee meeting in Naudero. She, however, said that her party would need some time regarding this issue as still they are in mourning.

She disclosed that her party has decided in life time of Benazir Bhutto that even the new appointments in the superior judiciary would be made by the parliamentary committee comprising the parliamentarians from both the government and opposition and there should be no role of any dictator or any one man.

She said that her party wants that this parliamentary committee should even consider the restoration of judges sacked for not taking oath under the first PCO of the then General, Pervez Musharraf, in 2000.

On the other hand Makhdoom Javed Hashmi, vice-president of Pakistan Muslim League-Nawaz (PML-N) told The News Tuesday that restoration of deposed judges would be on top of his party’s campaign in the last six days of electioneering. He said that he hoped that once in the new parliament PPP would definitely support the restoration of sacked judges.

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