Lahore [Pakistan] December 28, : The All Pakistan Lawyers Action Committee (APLAC) has reaffirmed its call for a full hearing by the Supreme Courtregarding the petitions challenging the 26th Amendment.
In a statement released on Friday, leaders from both current and former bar councils and associations emphasised that the demand is not politically motivated but is a constitutional imperative to uphold public trust in the judiciary's independence.
The APLAC also criticised a press statement from the Supreme Court Bar Association (SCBA) and Sindh High Court Bar Association (SHCBA), calling it misleading and factually incorrect, particularly in response to the legitimate concerns raised by the APLAC regarding the Judicial Commission of Pakistan (JCP) and judicial independence the news international reported.
The action committee asserted that the SCBA's assertion, which labeled the lawyers supporting the APLAC as 'unelected representatives,' was blatantly false.
The APLAC statement clarified that key signatories of its demand, including Abid S Zuberi, Tahir Faraz Abbassi, Munir Kakar, Shafqat Mehmood Cohan, Maqsood Buttar, Asad Manzoor Butt, Riasat Ali Azad, Salman Mansoor, Haider Imam, Rahib Buledi, Naeem Qureshi, Abdul Hafeez Lashari, and Rehman Korai, were all elected representatives who had served as office bearers of the Pakistan Bar Council (PBC) and various bar associations nationwide. Their voices, the statement emphasised, represented the collective will of the legal community.
The APLAC stated that any effort to undermine the legitimacy of such senior lawyers was both unnecessary and harmful to the unity and integrity of the legal profession.
The statement emphasized the importance of recognizing that all members of the PBC and SCBA, whether past or present office holders, were democratically elected representatives of the legal community. It highlighted that the voices of these leaders reflected the trust and confidence of the legal fraternity, and undermining their legitimacy would directly challenge the core principles of democracy and representation upheld by the bar associations.
The APLAC stated that the SCBA had traditionally been an institution that supported the rule of law and judicial independence.
According to the report, however, it expressed regret that the current SCBA leadership had chosen to overlook the contributions of its former presidents and legal icons. The action committee noted that the SCBA had always recognized, respected, and valued its former presidents as champions of the bar's principles and ideals. "This tradition should be preserved, not diminished," the statement emphasized.
The APLAC stated that the SCBA's support for the executive-driven extension of the constitutional bench overlooked historical lessons and weakened judicial independence. They recalled that during the 2007 lawyers' movement, it was this very kind of executive interference that had triggered a judicial crisis.
The APLAC stated that the 26th constitutional amendment and its implementation by an executive-dominated Judicial Commission directly violated the constitutional principle of judicial independence outlined in Article 175(3) of the Constitution. They expressed disappointment and concern over the SCBA's failure to recognize this constitutional violation. The action committee reaffirmed its commitment to upholding Pakistan's constitutional framework, ensuring judicial autonomy, and protecting the rule of law.
On Thursday, SCBA President Mian Muhammad Rauf Atta had condemned the APLAC's statement regarding the Judicial Commission's meeting on December 21. He called the statement from the APLAC representatives "unfounded and reprehensible," labeling their actions as a politically motivated campaign aimed at undermining and politicizing the fair and transparent proceedings of the JCP. Atta further claimed that the APLAC was attempting to tarnish the reputation of prestigious institutions.