Distance between Bar and Bench will be widened’
KARACHI – Country’s political atmosphere is passing through an astonishing period and people would looking such type of events in the near future they did not see in the past and that was not in their imagination, the decision of Supreme Court in favor of Musharraf’s duel office having legal options but it seems to be clear that the decision to this effect would increased the distance in between the Bench Bar would be increased, which was earlier closed after the Musharraf’s Govt 9 March decision, when they suspended the chief Justice.
Former chief justice of Pakistan Justice (retd) Saeed Uzaman Siddiqui when contacted told to the Nation on Friday, that this verdict has been given by the Supreme Court, basically based technical grounds and this was not on merit.
He was of view that the comprehensively, the comments on the decision would be given when detailed decision would on the front.
He further said that despite the judgement of SC in the favour of President Musharraf, the question which was raised in the petition still could not be resolved and the opponent parties could raised the same question in the Election Commission of Pakistan on these issues.
Mr Siddiqui added that the opponent of the Musharraf’s has right to moved their application against him on the dual office issue in the Election Commission.
Referring to the adverse reaction of some lawyers and advocates over the verdict of Supreme Court, the former Chief Justice said that “ This is not the way to express such type of reaction if the judiciary does not given the verdict according to the desire of lawyers”.
He suggested that lawyers and advocated should shown their tolerance and patience according to the will of Saeed Uzaman Siddiqui underlined the need of the freedom of judiciary to give their verdict freely and society should establish a tolerant environment for the independence of judiciary, so that the rule of law to be established and as well as acknowledged.
He rejected the historical “ Justice Muneer case” relation of this petition and said that this was completely constitutional case and has not any comparison with the justice Muneer case and said that this matter should be resolved with in the constitution.
It is a old tradition in our society that if decision comes under the benefit it would be declared justice and if come against the interest it would be termed as injustice, an independent advocate in Sindh High Court commented.
A young group of lawyers said that Pakistan’s political scenario is passing through a transformation period, since Musharraf’s 9 March decision, and struggle of advocates and legal community is playing a key role in the independence of Judiciary. But they observed that distance between bar and bench would be created during the prevailing situation.
Former Senator and Law Minister and currently General Secretary Human Rights Commission of Pakistan (HRCP) Iqbal Haider reacting over the decision of Supreme Court said that it was a disappointing verdict and added that despite the judgement of SC the issue was not resolved.
This decision could not legitimise Musharraf’s dual offices because SC in their verdict said that this petition was not maintainable, he said.
He added that the question regarding the Musharraf’s uniform still exist and did not resolve as the SC had given the technical verdict not the judgement on merit.
Iqbal Haider said that HRCP demanded the establishment of independent Election Commission for holding the free and impartial election in the country.
On a query Iqbal Hiader believed that distance between bar and bench did not establish due to this verdict and there was no gap in between the bench and bar as three Judges including Justice Bhagwandas wrote a dissent note on the judgement.
Referring the decision of SC, he said that after many days of the hearing it was not the right thing that SC said that the petition could not be maintainable, and this verdict had hurt the emotions of some lawyers.
Source: The Nation