Hashmat Habib President Tehreek-e-Tahaffuz-e-Adlia has said that right from the Dossa case to Zafar Ali Shah case protectors of the constitution as member of Judiciary have facilitated the abrogation of constitution which is high treason and punishable with death under Article 6.
He said the present judicial system is liable to be scraped and unless Islamic Judicial system is enforced Pakistan cannot even survive while we claim sovereignty over the Universe of Almighty Allah alone and Quran-o-Sunnah is Supreme Law of the country.
The senior lawyer commenting on former Chief Justice Pakistan Irshad Hassan Khan’s recent statement stated that he has revealed his implied connivance with Army Dictator Gen. Pervez Musharraf expressed in Zafar Ali Shah case which amounts to his open confession agreed by Bench colleagues helping the Army usurper’s Military takeover.
Hashmat Habib with heavy heart viewed the confession of Irshad Hassan Khan appeared in his recent article appeared in a local Urdu newspaper. He said by delivering the judgment in Zafar All Shah case Irshad Hassan Khan and all other Judges of the Bench violated their oath (although defective) which says Judge will discharge his duties and perform functions honestly to the best of ability and faithfully in accordance with the constitution of Islamic Republic of Pakistan and the law. Further commitment is that in all circumstances, he will do well right to all manner of people according to law without fear or favour, affection or ill will.
The veteran lawyer said in present wording of oath the court was empowered to declare Martial Law unconstitutional and illegal and cannot give road map and 3 years’ time to the Military Dictator. They forget the principle that justice must be done heaven may fall. We have already experienced that by removal of two Prime Ministers, Raja Pervez Ashraf and Mian Nawaz Sharif by Supreme Court, law and order was not broken.
He further said that there was no room to decide the petition on the basis of statements by Khalid Anwar, S.M. Zafar and others’ personal views not sanctioned by constitution and law; they are also LL.B and not above the constitution and law. He said the learned Judges should have understand their oath taken under Article 244 of constitution and by Members of the Armed Forces which prohibits Pakistan Army, Navy and Air Force from engaging themselves in any Political activities whatsoever and they will honestly and faithfully serve Pakistan as required by under the law.