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Trial of civilians in military courts: KBA voices its opposition to SC verdict
Trial of civilians in military courts: KBA voices its opposition to SC verdict

Business Recorder

time08-05-2025

  • Politics
  • Business Recorder

Trial of civilians in military courts: KBA voices its opposition to SC verdict

KARACHI: The Karachi Bar Association (KBA) here Wednesday rejected the judgment passed by seven-member bench of Supreme Court in ICA and connected appeals about trial of civilians in military courts. In a press release it alleged: 'this retrogressive judgment restores provisions of the Pakistan Army Act 1952, which enable the trial of civilians by military courts, and constitutes a serious blow to the basic structure of the Constitution, including Article 10-A.8.175(3) and 4, among others.' It said the verdict comes at a time when the legal fraternity is already engaged in a continuous and principled struggle against corporate farming, the 26th constitutional amendment, and PECA amendments, all reflecting executive excesses. It claimed that the latest judgment marks yet another judicial capitulation before the coercive organs of the state. 'It sets a dangerous precedent where military jurisdiction can now be extended over civilians, eroding the sanctity of civilian supremacy and paving the war for further repression of political dissent, free speech, and peaceful protest.' It claimed that the decision is not merely a judicial misstep it is a clear abdication of the judiciary's constitutional role as a check on executive power. It alleged that instead of upholding fundamental rights, the judgment lends judicial endorsement of militarization of justice, and compromises the principle of due process, open trial, and impartial adjudication, all of which are the cornerstones of any democratic order. 'It is deeply alarming that the judiciary, instead of acting as bulwark against executive overreach, now appears to be subservient to non-civilian institutions, thereby undermining public confidence in judicial independence.' The KBA asserted that no constitutional interpretation, no matter how technical, can justify the military trial of a civilian. It opined that such trials are inherently incompatible with constitutional guarantees, international law, and the globally recognised right to a fair trial. It said the International Covenant on Civil and Political Rights (ICCPR), to which Pakistan is a signatory, strictly prohibits such practices. It called upon all Bar Councils and Association across the country, including the Pakistan Bar Council, Supreme Court Bar Association and Provincial Bar Councils to immediately convene and form a National United Front against this 'unconstitutional encroachment'. It also urged the civil society, democratic political parties, media, human rights defenders and masses to 'resist to this judicial surrender and reclaim the constitution from creeping authoritarianism'. The KBA demanded that the parliament must immediately legislate to permanently prohibit military trials of civilians, amend the Pakistan Army Act 1952 accordingly, and restore the sanctity of Article 10-A. No delay can be justified in protecting the constitution and the unalienable rights of the people. The KBA said it will continue its lawful resistance, including legal, institutional and democratic means, to oppose the judgment. It said the legal fraternity stand united and resolute to not to allow the subversions of the constitution under the guise of the national security. Copyright Business Recorder, 2025

Protesters firm on demand for canals cancellation
Protesters firm on demand for canals cancellation

Express Tribune

time26-04-2025

  • Politics
  • Express Tribune

Protesters firm on demand for canals cancellation

Protest leaders, staging a sit-in at the Babarloi bypass in Khairpur district, made it clear on Friday that the ongoing protest movement against the construction of controversial canals on the Indus River would continue until a notification cancelling the project was issued. Lawyers, political and nationalist parties, and several civil society organisations continued their protest sit-in against the canals project at the Babarloi Bypass for an eighth consecutive day. Organisers claimed that so far, more than 200,000 people, including women and children, had participated in the protest. Due to the sit-in, long queues of vehicles formed as traffic from Sindh to Punjab, Khyber-Pakhtunkhwa (K-P), and Balochistan remained suspended. Similar protests were also ongoing on many highways at Kamoon Shaheed, Dharki, Kandhkot, and other locations. Addressing the protesters at Babarloi, Karachi Bar Association (KBA) President Amir Nawaz Waraich said there were reports of some police action against the protesters and warned that they would not yield to such tactics. "I will tell the police officers that if you disturb the protesters or make any move, the entire Sindh will be shut down, and you will be responsible for the consequences," he warned. "Under no circumstances will we end the sit-in until a notification [cancelling the canals project] is issued." Waraich stated that the federal government had been given two days to issue the cancellation notification. "If the notification is not issued by then, we will block the railway track at Rohri," the lawyer leader declared. Speaking at the event, Allama Rashid Mahmood Soomro, the Jamiat Ulema-e-Islam-Fazl (JUI-F) provincial chief, vowed that the struggle against the Indus canals would continue until the project was abandoned. The JUI-F leader rejected Prime Minister Shehbaz Sharif's announcement on Thursday about suspending work on the canals and convening a Council of Common Interests (CCI) meeting to build consensus on the issue. "When the prime minister issued the notification [approving the canals], did he convene the CCI then? Did he consult the ECNEC [Executive Committee of the National Economic Council]? Did he involve Irsa [Indus River System Authority]?" Soomro argued that if the canal notification was issued without consultation, why was a CCI meeting necessary to withdraw it? "We will not accept this drama," he said, adding that the prime minister had the authority to cancel the project outright. Commenting on India's suspension of the Indus Waters Treaty, Soomro warned: "When we refuse to share our water with Punjab, Balochistan, or Khyber Pakhtunkhwa, who is India to stop it? We will fight for our water-no matter what."

Lawyers announce long march against new canals, PECA tweaks
Lawyers announce long march against new canals, PECA tweaks

Express Tribune

time17-04-2025

  • Politics
  • Express Tribune

Lawyers announce long march against new canals, PECA tweaks

Lawyer associations across Sindh have announced a long march against the construction of six new canals on the Indus River, the 26th Constitutional Amendment, and the controversial PECA Act. The protest will begin today (April 17) with a rally from the Sindh High Court to Baberlo Bypass in Sukkur, where a 24-hour sit-in will be held. At a joint press conference in City Court, leaders from various bar associations-including Karachi, Hyderabad, Malir, and Jamshoro-voiced grave concerns about the unchecked construction of canals, which they say will deprive Sindh of water and devastate agriculture. Karachi Bar Association President Amir Nawaz Warraich said the entire province stands against these projects, which are proceeding without consultation or consent. Warraich warned that Sindh may soon face severe water shortages, and even basic water access may become unaffordable. In Karachi, a water tanker available for Rs6,000 will not be availabale for even Rs30,000. People must realise the gravity of the situation and rise up to protect their rights. Despite threats and attempts at intimidation, he said, the legal community remains resolute. "Our protest is peaceful, and we stand with the people," he stated. Other leaders, including Faheem Anar (Jamshoro), Ashraf Khokhar (Hyderabad), and Ayaz Chandio (Malir), echoed similar sentiments, rejecting the 26th Amendment and the PECA Act, which they believe endanger press freedom and democracy. They also criticized corporate farming, alleging that land is being unfairly transferred and water resources are being misappropriated. The lawyers have demanded immediate reversal of these policies and warned that protests will continue until their demands are met. All bar associations across Sindh have pledged unity and participation in the long march. Waraich said that after the implementation of the PECA Act, freedom of expression will come to an end, and the media will be reduced to nothing more than state-run PTV. The government's only response to dissent is to shut it down. Referring to the case of a journalist arrested under the PECA Act, he added that they did not wish to pursue any further action after witnessing what happened with the session judge involved in that case.

Cops threaten to quit over lawyers' 'highhandedness'
Cops threaten to quit over lawyers' 'highhandedness'

Express Tribune

time06-02-2025

  • Politics
  • Express Tribune

Cops threaten to quit over lawyers' 'highhandedness'

HYDERABAD: The standoff between lawyers and Hyderabad police which seemed to have died down after announcement of SSP Farrukh Ali Lanjar's transfer resurrected on Wednesday with cops threatening to leave police stations in protest. Dozens of policemen submitted applications seeking permission to leave their charges for month-long leaves in reaction to announcement of the SSP's removal under pressure of the legal fraternity. At around 3am on Wednesday a video was shared on social media showing DIG Hyderabad Tariq Razzak Dharejo standing next to Karachi Bar Association's President Amir Nawaz Waraich who announced Lanjar's removal. "The SSP is being transferred and the DIG will visit the district bar on February 6," Waraich said, addressing the protesting lawyers on the premises of the SSP office where the protest continued for around 14 hours. The DIG said on the occasion that during his visit to the bar he will listen to the lawyers and will also try to address their grievance. The lawyers chanted slogans in the background as Waraich and Dharejo spoke. The development, however, did not go well with the district police officials who felt demoralised at the hands of lawyers. The quarrel started in reaction to impounding of a car, owned by an advocate, at PS Bhitai Nagar for using fancy number plate and tinted glasses. The legal practitioners asked the police to cancel the FIR and release the Suzuki Mehran car, bearing registration number BQC-508. As the police refused to oblige, the lawyers gathered at the SSP office on Tuesday in large numbers. The gathering soon turned into a protest which lasted past Wednesday midnight. "In view of the illegal act of the lawyers at the SSP office, I am unable to discharge my duty and I also feel dejected," wrote inspector Munir Abbassi, SHO Market police station, in his application. "The unnecessary protest by lawyers, use of inappropriate language against police and threats give to the cops have damaged reputation of police among the public," stated Inspector Muhammad Sagheer Fateh, in charge of Anti-Terrorism Force, while seeking leave from work. Earlier till the morning an impression was created that SSP Lanjar will be forced to quit from Hyderabad under duress of the legal fraternity. But, as the city's police officials put their weight behind the district police chief, the situation changed in the afternoon. Talking to the media outside SSP's office DIG Dharejo, who was wearing a track suit, explained that following the terrorist attack near Karachi airport, the Sindh police decided to enforce the ban on use of police lights, fancy number plates and tinted glasses in private vehicles. He claimed that the ban is being enforced without discrimination as vehicles of even influential persons and police officers have been booked in FIRs. He told that Hyderabad police booked a car which was owned by a lawyer in consequence to which the situation pitting the cops against lawyers had developed. He said they are trying to solve the situation. The DIG, however, took a mild exception to use of objectionable words allegedly by the lawyers against policemen saying the manner did not suit their profession. SSP Lanjar, meanwhile, said more than 50 FIRs have been recently lodged in Hyderabad against such vehicles. He added that many vehicles were owned by government officers and one was owned by a police officer currently posted in Jamshoro district.

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