ISLAMABAD/LAHORE(National Times)- The legal community and bar bodies have condemned the imposition of emergency and governor’s rule in Khyber Pakhtunkhwa (KP), with the Lahore High Court Bar Association (LHCBA) and the Lahore Bar Association (LBA) deciding on Monday to challenge the move before the Supreme Court through a constitutional petition.
Eight members of the Pakistan Bar Council (PBC), in a statement, condemned the imposition of emergency and governor’s rule in KP and called upon the president to immediately withdraw what they described as the “unconstitutional proclamation of emergency and governor’s rule”.
They also urged the president to immediately restore the democraticall-elected KP government and respect provincial autonomy.
They maintained that the president’s invocation of Articles 232 and 234 on the advice of the prime minister and the cabinet was illegal and unconstitutional.
Under Article 232, the statement pointed out, the proclamation of an emergency on grounds of internal disturbance beyond the control of a provincial government requires a resolution of the provincial assembly. No such resolution had been passed, the signatories noted.
It added that Article 234 permits governor’s rule only when the government of a province cannot be carried on in accordance with the Constitution. However, the provincial government and assembly were both performing their functions in accordance with the Constitution, the signatories maintained.
‘Attack on public mandate’
Separately, the Islamabad High Court Bar Association (IHCBA) has also strongly condemned the imposition of governor’s rule in KP, describing it as an attack on the public mandate, democratic values and provincial autonomy.
In a statement issued by its secretary, the association said it would vigorously oppose any attempt to suppress the will of the people through the exercise of administrative powers.
The statement said constitutional supremacy, parliamentary democracy and provincial autonomy were the foundations of Pakistan’s constitutional system, adding that extraordinary constitutional measures should not be used to undermine an elected government.
members of the Karachi Bar Association hold placards and chant slogans during a general body meeting.—AFP
Constitutional petition
On the other hand, the LHCBA and the LBA have decided to file a constitutional petition in the Supreme Court challenging the imposition of emergency and governor’s rule in KP.
The decision was taken at a joint general house meeting, which expressed concern over the country’s constitutional and political situation and the imposition of emergency and governor’s rule in KP.
A resolution unanimously adopted by the house stated that the move would be challenged in light of constitutional and legal principles to enable judicial scrutiny of its legality and safeguard the requirements of the Constitution, the rule of law, democracy and provincial autonomy.
‘Lift emergency’
The Karachi Bar Association (KBA) demanded that the federal government lift the emergency imposed in KP and restore the provincial government.
The demand was made at a general body meeting, where KBA President Aamir Nawaz Warraich said: “If we do not take a stand today, a stage will come when we will be unable to do anything.” He added that the imposition of emergency was the first step towards martial law.
Black day
Meanwhile, the Khyber Pakhtunkhwa Bar Council (KPBC) expressed concern over the imposition of emergency in the province under Articles 232 and 234 of the Constitution and announced that it would observe a ‘black day’ on Tuesday (today) and boycott court proceedings.
In a statement issued here, the KPBC said the imposition of emergency was an extraordinary constitutional measure. The council announced that it would observe a ‘black day’ on Tuesday and refrain from appearing in courts.
Also, the All Pakistan Lawyers Action Committee (APLAC) condemned the imposition of governor’s rule in KP and arrests of the elected chief minister and parliamentarians.
In a statement, APLAC Chairman Ali Ahmed Kurd strongly condemned the imposition of emergency and governor’s rule in KP, as well as the arrests of the province’s ‘non functional’ CM Sohail Afridi, PTI provincial president Junaid Akbar and other members of parliament.
