Pakistani Lawyers Advocate for Timely Elections and Judicial Integrity Amid Constitutional Crisis

Islamabad, September 8, 2023 – Lawyers across Pakistan are sounding the alarm over constitutional breaches concerning the timeline for general elections, the role of military courts, and the disregard for judicial authority. They are demanding a return to constitutional norms and accountability for unconstitutional actions.

The Supreme Court Bar Association (SCBA) hosted the “All Pakistan Lawyers Convention to Protect, Defend and Preserve, the Constitution, Rule of Law and Human Rights” in Islamabad last Thursday. The convention released a resolution emphasizing the necessity to hold elections within 90 days after the dissolution of assemblies, as stipulated by the Pakistani Constitution.

“Any caretaker government exceeding the constitutional limit of 90 days becomes unconstitutional and illegal,” said the resolution. It went on to criticize the existing caretaker governments in Punjab and Khyber Pakhtunkhwa as “unconstitutional” and stated that they “are liable to be removed.”

Constitutional Breaches and Disregard for Judicial Authority

The resolution indicated that the constitutional protocols for holding general elections are being blatantly ignored, thereby creating “a constitutional void and chaos.” Lawyers are voicing concern over “an ongoing blatant disregard for principles of justice, the authority of courts, and compliance with judges’ orders.”

Aitzaz Ahsan, a renowned lawyer in Pakistan, stated that “the authority to determine the date of general elections rests with the President of the country.” He urged Chief Justice Pakistan Umar Ata Bandial to decide significant cases, including pleas challenging the court martial of civilians, before his impending retirement next week.

Civilian Trials in Military Courts Under Fire

Lawyers at the convention also condemned the trial of civilians in military courts. They argued that this practice denies citizens a fair trial and due process and is “a complete negation of fundamental rights guaranteed under the Constitution.”

“The world should know who stands with Justice Cornelius and who stands with Justice Munir,” Aitzaz Ahsan added, referring to contrasting legacies of judicial integrity and compromise in Pakistan’s history.

Political Victimization and Economic Woes

Advocate Shoaib Shaheen, another participant, lamented that the Constitution and law “are being defied with impunity.” Lawyers also took issue with recent hikes in electricity and fuel prices and the ongoing arrests of political leaders, seeing these actions as an abuse of power and political victimization.

“Today, the country has been brought to a point where there are only two classes, the elite and the common people,” said Shaheen.

A Call for Judicial and Institutional Integrity

The convention concluded with a call for the government and its institutions to adhere strictly to the constitution. It also urged for punitive action against those found attempting to induce, pressure, or influence any judge to obtain a desired judicial verdict.

The All Pakistan Lawyers Convention is indicative of a critical moment in Pakistan’s constitutional and political landscape, one that legal experts and citizens alike are watching with bated breath. Whether these calls for adherence to constitutional norms will be heeded remains to be seen.

This report is based on information provided by the All Pakistan Lawyers Convention and statements from legal experts Aitzaz Ahsan and Shoaib Shaheen. Statements were made during the convention held on September 7, 2023.