The people are implicated in false cases to stifle the opposition voices and they are being deprived of their fundamental rights enshrined in the Constitution. "For the protection of the people's fundamental rights, the Supreme Court has to play its constitutional role," said Vice-Chairman PBC Syed Amjad Shah, while addressing the Full Court Reference held in the honour of retiring Justice Sheikh Azmat Saeed.
The PBC vice-chief questioned, "Whether some institutions can be allowed to cross their limits and intervene in the affairs of others departments. Whether the Supreme Court is successful in playing its role in the present situation? Whether the superior courts and the Parliament are performing their functions in accordance with the powers given to them in the constitution freely?"
He said the bar councils/associations are aware of the country's defence and therefore they are standing with the armed forces, but the forces' intervention in the political affairs and the jurisdiction of other departments is damaging their reputation and impartiality.
Amjad Shah said it is regretful that some internal and the external elements are trying to create situation like Iraq, Syria and Afghanistan in the country, adding "We all could tackle this situation and the best possible solution is that all institutions work in accordance with the Constitution and law."
He said the lawyers' community expects that in these critical times the Supreme Court would play its role and bind every institution to perform its duties within the limits. It has been the lawyers' long-lasting demand that under Article 184(3) of Constitution the Supreme Court should set parameters under Supreme Court Rules in order to provide the aggrieved parties an opportunity so that their appeals are heard by the larger bench of the apex court.
The PBC demanded to make public all the orders passed by the Supreme Judicial Council under Article 209 of Constitution on the complaints/references against the judges of the superior courts. It expressed concern over hearing of references against Justice Qazi Faez Isa and Justice KK Agha on preferential basis though the references against other judges remained pending before the SJC.