Former chief justice of Pakistan Justice Saiduzzaman Siddiqui has said that the sanction of Legal Framework Order (LFO) by the elected parliament has not only opened the door for permanent role of armed forces in the governance of the country, which is against the basic structure of the Constitution and the vision of the Quaid-e-Azam, but is also likely to politicise the institution of army.
While addressing a seminar arranged by Pakistan Lawyers' Foundation here on Saturday, Saiduzzaman Siddiqui maintained that the people, who want to justify military role in the civilian affairs by drawing a parallel between Turkey and Pakistan, should understand that (independent) Turkey had come into existence as a result of resistance and struggle of the Turkish army, which do not mingle or interfere in civil administration of the state and stay on the sidelines of political arena and interfere only when they apprehend that the ideological basis of the state is threatened by the politicians.
Pakistan was created as a result of long and sustained democratic political movement of Muslims of the subcontinent under the leadership of the Quaid-e-Azam, in which the armed forces played no role, and being a part of the colonial set-up, were used by the then rulers to suppress the liberation movement.
The people of Pakistan participated in the general elections with the hope that the exercise will revive the democratic rule in the country, he said.
He was of the view that "any change or deviation in the Constitution needs a fresh mandate from the people of Pakistan and any attempt to by-pass the will of the political sovereign may have serious fall-out in terms of our national existence."
"As a nation we failed to uphold our Constitution. The political leaders failed to evolve a common strategy to confront the undemocratic forces, and opted for the easy course to collaborate with them. The latest episode of October 1999 fully exposed the inability of our political leaders to evolve a common strategy to safeguard and protect the democratic institutions from the reach of undemocratic forces," he added.
He said: "Pakistan having come into existence as a result of democratic process, its survival lies in following the democratic norms, and a system of government based on parliamentary democracy, with the consensus of the four federating units of Pakistan."
"To keep federation in place, it is necessary that the people living in the federating units have a feeling of participation in the national affairs, which is possible only by following the rule of governance provided in the consensus Constitution of 1973," he added.
He stated that the common man is losing faith in the capability of superior courts, to deal effectively with the violation of Constitution by the government in power.
The unconstitutional removal of judges of the superior courts after the military take over, in July 1977 and October 1999, has made the provisions in the Constitution protecting the tenure of service of judges of the superior courts and independence of judiciary a farce, he added.
UPHILL TASK: Elevation to the bench, which was once considered an honour by the members of the bar, is now a nightmare for the outstanding, honest and men of integrity in the bar, making selection of competent, honest and men of integrity from amongst the members of the bar for appointment as the judges of the High Court an uphill task, he said.
The judges of the superior courts, who were supposed to preserve and defend the Constitution, forswear their oath under the Constitution on every such occasion, and found it convenient to work under the new dispensation promulgated by the usurpers.
They failed to rise to the occasion seeking refuge under the discarded "doctrine of necessity" to legitimise the change brought about through unconstitutional methods, he observed.
POLITICAL ISSUES: "Seeking resolution of political issues through courts by the politicians proved a burden on the dwindling structure of judiciary, further weakening the credibility of the institution in the eyes of the common man.
To save the existence of judicial system from disintegration it is time that judges of the superior courts take a fresh look at their performance, and adopt measures to restore confidence of the common man in the judiciary," he said.
While appreciating the struggle of the bar members, he said that the bar is an institution known for its commitment to uphold the independence of judiciary and rule of law in the country.
Justice Saiduzzaman said that the principled stance taken by the bar associations during the last four years to protect the independence of judiciary and establishment of the rule of law in the country has been the only silver lining during this dark era.
Among others, Senator Sardar Latif Khan Khosa, Syed Afzal Haider, President PLF A. Karim Malik, President Lahore High Court Bar Association Hafiz Abdur Rahman Ansari also spoke on the occasion.
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