RESOLUTION PASSED BY THE NATIONAL LAWYER’S CONVENTION HELD IN ISLAMABAD UNDER THE AEGIS OF PAKISTAN BAR COUNCIL
FEBRUARY 9, 2008
WHEREAS on March 9, 2007, the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry was illegally and unconstitutionally removed, manhandled and put under house arrest.
AND WHEREAS the Chief Justice of Pakistan took a courageous stand against tyranny and for the supremacy of the Constitution and independence of judiciary.
AND WHEREAS the legal fraternity, the media, civil society and the people of Pakistan condemned and struggled against the illegal and unconstitutional act(s) of the usurper, which led to the honourable restoration of the Chief Justice of Pakistan by a thirteen member bench of the Supreme Court on July 20, 2007.
AND WHEREAS on November 3, 2007, the usurper General (Rtd) Pervaiz Musharraf, solely in an act of vengeance abrogated and/or subverted the Constitution through an unconstitutional and illegal proclamation of emergence.
AND WHEREAS the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry and 60 other judges were illegally detained along with their families including an eight year old physically challenged child.
AND WHEREAS the members of the Convention salute the courage of the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry and all other judges who have stood up to protect, preserve and defend the Constitution and independence of judiciary.
AND WHEREAS several lawyers, members of civil society and political parties, particularly leaders of the struggle, Barrister Aitzaz Ahsan, Justice (Rtd) Tariq Mehmud, Ali Ahmed Kurd and Muneer A. Malik were illegally arrested and have been kept incarcerated and detained.
AND WHEREAS the Convention condemns the attempted murder of Muneeer. A. Malik.
AND WHEREAS after November 3, 2007 an attempt has been made by the dictator to mutilate the Constitution through illegal purported amendments, which is a subversion of the Constitution in terms of Article 6 thereof and punishable under the law.
AND WHEREAS certain persons claiming to be judges of the Supreme Court and the High Courts have colluded and collaborated with the dictator for the subversion and/or abrogation of the Constitution by taking oath under the PCO, which besides being high treason is also contempt of the order passed on November 3, 2007 by the seven member bench of the Supreme Court headed by Chief Justice Iftikhar Mohammad Chaudhry.
AND WHEREAS the lawyers of Pakistan strongly condemn all acts carried out on November 3, 2007 and thereafter in violation of the order of the seven member bench of the Supreme Court, the same being subversion of the Constitution and high treason.
AND WHEREAS the Convention appreciates and expresses gratitude to the lawyers of the United States of America, Canada, UK, Commonwealth Lawyers Association, and several other countries for their support and solidarity. Special thanks are extended to the New York Bar Association and the Harvard Law School for acknowledging and supporting the stand taken by Justice Iftikhar Mohammad Chaudhry.
AND WHEREAS the National Lawyers Convention resolves to continue the struggle till the restoration of the Constitution and the Hon’ble members of the judiciary as of November 2, 2007.
AND WHEREAS the Convention unequivocally recognizes Justice Iftikhar Mohammad Chaudhry as the Chief Justice of Pakistan and all other judges who refused to take oath under the PCO, as the legitimate and constitutional judges.
THEREFORE, the Convention declares as under;
1. All Persons, who colluded in the subversion of the Constitution by accepting the PCO and taking oath there under are usurpers and are in contempt of the order of the seven member bench of the Supreme Court headed by Chief Justice Iftikhar Mohammad Chaudhry.
2. The Convention does not recognize any PCO judge as the legitimate and constitutional holder of their respective offices and all persons who took oath as judges on or after November 3, 2007 are usurpers and collaborators of the dictator and have committed high treason.
3. The Convention condemns the illegal and unconstitutional detention of Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry and his family, Justice Rana Bhagwan Das, Justice Srdar Mohammad Reza Khan, Justice Khali ur Rehman Ramday, Justice Nasir-ul-Mulk, Justice Mian Shakir ullah Jan, Justice Ch. Ejaz, Justice Falak Sher, Justice Tassaduq Jillani, Justice Tariq Pervaiz, Justice Sabihuddin Ahmed, Barrister Aitzaz Ahsan, Justice (Rtd) Tariq Mehmud, Ali Ahmed Kurd.
4. The Convention condemns the atrocious violations of human rights, civil liberties and fundamental rights since November 3, 2007 and salutes all those who have sacrificed for the cause of upholding, defending and preserving the Constitution and independence of judiciary.
5. The Convention in particular condemns the detention of the youngest political prisoner in the world i.e Bilaj Iftikhar, the eight year old child of Chief Justice Iftikhar Mohammad Chaudhry, who has been held in detention since November 3, 2007.
6. The Convention condemns the false and illegal registration of FIR’s against the lawyers in Peshawar and the sealing of the High Court Bar premises.
7. The Convention condemns the recent appointment of judges of the superior courts and resolves not to recognize them as such.
8. The Convention condemns the findings of the Scotland Yard report in the matter relating to the assassination of Mohtarama Benazir Bhutto Shaheed.
9. The lawyers of Pakistan salute and appreciate the role of the members of the media and press, who have upheld their commitment to freedom of expression and the supremacy of the Constitution. The purported amendments made in PEMRA Ordinance and the restrictions placed on certain media persons and television channels are hereby rejected and condemned.
10. The Convention condemns the purported amendments made in the Army Act and the Practitioners and Bar Councils Act and declares any such attempt as illegal, unconstitutional and a subversion of the Constitution.
The Convention, therefore, resolves as follows;
1. Immediate restoration of the pre 3rd November, 2007 judiciary and the Constitution.
2. Immediate release of Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry and members of his family, other detained judges, Barrister Aitzaz Ahsan, Justice (Rtd) Tariq Mehmud and Ali Ahmed Kurd.
3. Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry and other judges, who refused to take oath under the PCO, be allowed and facilitated to assume their respective offices forthwith.
4. Removal of all restrictions on the media and press.
5. Withdrawal of the FIR’s against lawyers in Peshawar and other parts of the country.
6. Formation of an independent high powered Tribunal to try all those responsible for the subversion of the Constitution on November 3, 2007 and the subsequent collaboration in the acts of high treason.
7. Complete boycott of the judges who took oath under the PCO.
8. Next National Convention of Lawyers will be held at Lahore on March 15, 2008.
This Resolution was unanimously passed and adopted by the National Lawyers Convention at Islamabad on February 9, 2008.
