UK Lawyers jointly demand restoration of 1973 constitution forthwith by lifting emergency & gagging orders against media and restoration of civil rights and release of lawyers, judges and al
Emergency in Pakistan
APL Resolution 10 Nov 2007
UK Lawyers jointly demand restoration of 1973 constitution forthwith by lifting emergency & gagging orders against media and restoration of civil rights and release of lawyers, judges and all those who are detained in the wake of 3rd November 2007 action.
Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK jointly condemn imposition of emergency rule as well as suspension of the operation of Constitution of Pakistan 1973 by Chief of Army Staff and his collaborating executive force in Pakistan.
APL had convened its emergency meeting of its executive on 6 November and issued a statement and The Executive Council approved the joint statement where APL have strongly protested against the curtailment of fundamental rights, the curbs on electronic and print media, attacks on independence of Judiciary, suspension of Constitution of 1973, arrests of judges, lawyers, human right activist and teachers and the Martial Law which has been imposed by General Musharraf as the Chief of Army Staff.
APL make following demands of Musharraf regime by a resolution in their 10th of November meeting:
1. APL demands that emergency is lifted at once and operation of constitution is restored forthwith by restoring the function of SC with effect of 3rd Nov 2007 and PCO is withdrawn forthwith.
2. APL whilst welcoming the announcement of regime to hold elections before 15th of February 2007, APL demands that the military regime at once resort to civilian set up and Gen Musharraf separates his office from the office of the Chief of Army Staff as his promise and desires of the nation by taking his uniform off before the deadline of 15 Nov 2007 and giving charge to the Vice chief , and announce date of elections as per schedule, and appoint a neutral care set up to hold free and fair elections with consultation of all political parties.
3. APL declares that extremism can not be tackled with a derailed political process. There must be a full scale revival of a credible political process and as the current parliament comes to an end on 15th of November therefore a broad band national reconciliation must be initiated genuinely. National Govt is formed as an interim care taker set up including Nawaz Sharif, Be Nazir Bhuttoo, Fazal Rehman, Qazi Hussain Ahmed, Imran Khan, Shujat Hussain, Altaf Hussain, Justice Wajihuddin Ahmed, Asfand Yar Wali, and Mehmood Khan Achakzai and they hold a broad band national reconciliation and take recommendation of all the stake holders as to how a credible election can take place. A date is announced of fresh general elections after that constitution & recommendations . Provincial care taker set ups and new chief election commissioner is appointed with consultation of all parties to hold free and fair elections forthwith within the time frame.
4. Freedom of all citizens enshrined in the Constitution must be restored along with the 1973 Constitution as winning hearts and minds must be a motto and govt must not to divert people to apathy and hopelessness. Ensure free press and electronic media freedom as in Pakistan education rate is so low that only this sort of media revolution can assist to form public opinion to vote in free polls to rid the politics of the dirty sleazy and feudal mind set, freedom of movement as well as intellectual stimulation must be preserved and ensured which is a pre requisite to national development.
5. APL has the following request to make to the Western World: APL requests the United Nations, European Union, United States, Commonwealth, United Kingdom, Amnesty, Human Rights Watch, and all other international and national governmental and non governmental organizations to take notice of detained Supreme Court judges, lawyers, human rights activists and the gagging orders against electronic media and impress upon General Musharraf to lift all sanctions on the operation of constitution and restore civil rights, media freedom and liberty plus normalcy in the country, release all detained before, on or after 3rd November and allow the Supreme Court to function in accordance with the law and constitution. If they fail to make it clear strongly, we may miss the opportunity to have rule of law, justice and democracy in Pakistan for a long period to come therefore restoring the operation of constitution and law is prima facie matter of great importance for the people of Pakistan and if Western World is serious about democracy in that part of the world than befitting action is needed not a lip service and cosmetic statements. Lifting emergency is of utmost importance to allow people to make a fair choice in coming days.
6. APL also discussed the situation in respect of forthcoming 12th of Nov meeting of CMAG and jointly agreed that Commonwealth must not penalise Pakistani people in their 12th of November 2007 meeting by suspending the state as a member as suspension will have far reaching consequences for overseas Pakistanis but CMAG must ensure tight deadlines on undertakings to restore constitution, lifting sanctions on media, emergency, release of judges, free and fair elections and separating the office of the President from that of the office of COAS and emphasis must be placed on tight deadlines for actions towards the above requested actions from regime.
APL held a peaceful meeting of its executive & council on 10 November 2007 at APL Chambers to protest and made these representations to assist their fellow colleagues to restore rule of law, justice and operation of constitution in Pakistan.
APL commended the Supreme Court Bar Association delegation who were scheduled to attend this seminar already arranged and could not attend this event due to their detention. APL commended their work during Chief Justice's struggle for independence of judiciary and gave a certificate of appreciation to the President of SCBA as well as those members of delegation who could not attend due to their detention.
Their names are as following:
1. Mr. Sahibzada Anwar Hamid
Vice President -2006-2007, Supreme Court Bar Association (Pakistan)
2. Mr. Syed Zulfiqar Ali Bokhari
Secretary -2006-2007, Supreme Court Bar Association (Pakistan)
3. Mr. Khawaja Tariq Sohail
Member Executive Supreme Court Bar Association (Pakistan)
4. Mr. Muhammad Azhar Siddique
Media Advisor / coordinator 2007, Supreme Court Bar Association (Pakistan)
Presidential candidate Justice (rtd) Wajeeh uddin Ahmed briefed lawyers the current constitutional position, PML(N) President Mian Shehbaz Sharif expressed his view and his party policy regarding detained judges and Former Vice Chair Punjab Bar Council Azhar Ch Advocate updated the situation regarding detained lawyers and they addressed overseas lawyers via telephone. Ali Suleman Jafri of BBC updated lawyers regarding media sanctions and their response and Talat hussain of AAJ TV passed message to the chair expressing his concerns and views in respect of ordinance curbing freedom of press.
APL prays that Lawyers, political workers, media and Civil society's contribution is fruitful to bring Pakistan out of this constitutional crisis
Meeting was chaired by newly appointed chair Mr. Mohammed Rafiq who took charge of as APL Chair after serving 3 years as an assistant Secretary. Amjad Malik served at the top position for 3 years and APL appreciated his work for association, lawyers of both societies and in particular main British & Pakistani communities.
Signed By:
Mohammad Rafiq
Chairman 2007 onwards
Association of Pakistani Lawyers (UK)
Amjad Malik
Solicitor-Advocate
Vice Chair
Association of Pakistani Lawyers
Mr. Ilyas Gondal, LLB
Former Add Session judge of Punjab Courts
Solicitor Supreme Court (England)
Permanent Secretary
Association of Pakistani Lawyers
Saleem Shah, LLB
Solicitor Supreme Court (England)
Vice Chair
Association of Pakistani Lawyers
Arshad Ch
Advocate Supreme Court
Co-ordinator Islambad
Azhar Ch
Vice Chair 2006 PBC
Advocate High Court
coordinator APL and Pakistan Bar in Pakistan
Ijaz Ahmed Wahla
Advocate High Court
Life Member Lahore High Court Bar Association
Co-ordinator Faisalabad
Mr. H R Pasha LLB
Member Punjab Bar Council
Advocate High Court
Co-ordinator Chakwal
Younas Naul
Advocate High Court
Co-ordinator Lahore
Arshad Warraich LLB
Member Punjab Bar Council (fsd)
Advocate High Court
Co-ordinator APL & Punjab Bar Council
Office Address
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TEL: 00 44 1706 346 011
FAX: 00 44 1706 346012
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EMAIL: APLRochdale@aol.com
10 November 2007
Reply:
I think you are wrong in your
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sir (turkman@sbcglobal.net ) thank you for your email.
I think you are wrong in your assessment.
Those US or Western Govts never rely remittances on their citizens from abroad if their citizens never protest and they never impose emergencies, then if Pakistan does then OP's are stake holders to look after the best interest of pak too.I think his charge sheet that judiciary was a hindrance in curbing extremism in wrong in law and policy. Due process of law and fair trial are basic ingredients in any free society. Even in Britain, British House of Lords in an unprecedented ruling against the government's detention of nine foreign nationals without trial on grounds of national security created a constitutional crisis, which further exposed the abrogation drive of democratic rights under the guise of the "war on terror". On December 16, 2004 the House of Lords ruled by an eight to one majority in favour of an appeal by the Arab men that their indefinite detention without charge breached human rights. Seventeen men have been held under the Anti-Terrorism, Crime and Security Act 2001 rushed through by the Blair government in the wake of the 9/11 attack on New York. Arguing that potential terror attacks constituted a "public emergency threatening the life of the nation," the government opted out of the section of the European Convention on Human Rights governing the right to a fair trial. However no one blamed court for spreading extremism and no emergency was imposed in UK though they are amongst countries originating the philosophy of "˜war on terror' so General Musharraf's plea is weak when he blames judges for increase radicalisation though its clear that his presidential election challenge before the Apex Court was a biggest threat to his rule and could have gone either way, and that is the ultimate reason of such extra ordinary promulgation of an order.
usurping civil rights when we are not at war is unreasonable, unjustified and not in national interest.
everyone is against terrorism and i think emergency will promote rather then dilute causes of it
regards and i thank you for your acknowledgement and freely expressing your view on our press statement the luxury which majority of Pakistanis are deprived of at the moment
Kind Regards
Amjad
In a message dated 07/11/2007 23:49:24 GMT Standard Time, turkman@sbcglobal.net writes:
Yesterday weren't you people saying that you hate Musharraf because he is a Boot Licker of USA?
Now when he has proven that he is not, why are you telling the West, make him lick its boots and let JehaaDis take over Pakistan?
Doesn't it prove you people are JehaaDis and want to turn Pakistan in to starving poor Talibani Afhganistan?
Has ever any country's people in Saudi Arabia or UAE ever done this against their country what you are doing?
Had any Americans living in Pakistan ever protested against, what was going on in USA?
Why the hell are Pakistanis so crazy, God ...?
Reply:
Thank you very muchscript src
Replied by(
Noman)
Replied on (7/Nov/2007)
APL is a collection of very understanding and motivated people. Due to the discussion with Amjad Malik on this forum, they amended their declaration accordingly just to meet the people's exp
Hats off for them
We are very much thankful to you.
Reply:
Restoring the function of SC w
WE WERE DEMADNING ERALIER THAT OPERATION OF CONSTITUTION IS RESTORED TO 12 OCT 1999 POSITION, IF THE DEMAND IS MADE TO SPECIFIC DATE BASED IT WILL CONFUSE FURTHER. HOWEVER FOLLOWING WILL BE
WE WERE DEMADNING ERALIER THAT OPERATION OF CONSTITUTION IS RESTORED TO 12 OCT 1999 POSITION, IF THE DEMAND IS MADE TO SPECIFIC DATE BASED IT WILL CONFUSE FURTHER. HOWEVER FOLLOWING WILL BE TABLED ON 10 NOV MEETING:
APL make following demands of Musharraf regime:
· APL demands that emergency is lifted at once and operation of constitution is restored by restoring the function of SC with effect of 3rd Nov 2007 and PCO is withdrawn forthwith.
· APL demands that the military regime at once resort to civilian set up and Gen Musharraf takes his uniform off before the deadline of 15 Nov 2007, announce date of elections, and appoint a care set up to hold free and fair elections.
Reply:
operation of constitution is r
Replied by(
Noman)
Replied on (7/Nov/2007)
"APL demands that emergency is lifted at once and
operation of constitution is restored"
You are saying By restoring the operation of constitution, the SC will restored automatically.
But we Will be thankful, if you make this more categorically, so common man can understand it more clearly, because at the moment by restoration of constitution, we are thinking that, it means uphold the emergency and restore the 1973 constitution only as no one is mentioning the orders to be taken back as well, which have been given after and during emergency.
Thank you
Reply:
RESTORATION OF CONSTITUTIONsc
RESTORATION OF CONSTITUTION TO 3RD OF NOV WILL AUTOMATICALLY MEAN THAT JUDGES STAND RESTORED AS A RESULT OF 7 BENCH SC ORDER BY THE SC LARGER EBENCH
AMJAD
Reply:
i couldn't see, Restoration of
Replied by(
Noman)
Replied on (7/Nov/2007)
.
I think in your meeting, please put this demand at the top of all demands, rest of the things are good and should be done as well, but if every thing else is reverted back except restoration of supreme court as of 3rd Nov, then none of the suggested demands has any effect.
Please put this demand, restoration of Supreme Court, at the top.
Thank you