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Joint Action Committee (JAC) for People's Rights Lahore and Women Action Forum (WAF) have urged the government to abolish parallel judicial system, especially the Federal Shariat Court (FSJ) and if government fails to do so, the civil society would play its legitimate role. The JAC Convenor Shahtaj Qazilbash stated this while addressing a press conference here on Wednesday.
Advocate, Hina Jilani, Bushra Khaliq, Director Working Women Help Line, Khwar Mumtaz, Director Shirkat Gah, Muhammad Tahseen, Executive Director South Asia Partnership Pakistan, Sohail Waraich, Shirkat Gah, Neelam Hussain, Women Action Forum were also present.
Qazilbash expressed deep concerns over the Federal Shariat Court's (FSC) verdict dated December 22, 2010 wherein it declared four clauses (11, 25, 28 and 29) of the Women Protection Act 2006 as unconstitutional. She added that the clauses may appear to make no substantive difference to the law the implications will be far reaching as by striking down sections 11 and 28 the verdict insidiously reintroduces the over-riding effect of Zina and Qazaf Ordinances which the WPA had removed.
She further added that it also confuses the issue of separation of rape from zina that the WPA had established. She lamented that the verdict of the FSC will certainly cause confusion in the administration of criminal justice.
The other speakers were of the view the FSC's verdict is both political and anti-women and said that in order to expand its own dwindling powers and encroach upon the jurisdiction of the higher Judiciary as well as the powers of the Parliament the FSC has used WPA (and by extension women, the most vulnerable section of society) as the means to pursue its objective. The FSC move to extend its jurisdiction beyond that envisaged by the Constitution of Pakistan is evidence of the insecurity of the FSC and their keenness to gain greater power and influence through subjective interpretation of the Constitution and law which on the face of it, is unreasonable, mollified and unjust, they added.
They further said the verdict is unacceptable to them and was indeed contrary to the vision of Quaid-e-Azam Mohammad Ali Jinnah. Members JAC and WAF urge the federal government and all provincial governments who were respondents to this petition to ensure that the administration of justice in the country may not deteriorate further.

Copyright Business Recorder, 2010

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