Amjad Malik`s Personal Page

Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK jointly condemn in highest terms the assault and inhuman treatment of Dr Sher Afghan a former Minister of Musharraf regime on 8 April and a senior politicians as well as Arbab Ghulam Rahim former Chief Minister Sindh on 7 April 2008.

APL demands that a judicial enquiry must be authorized which is time barred in order to bring those to account and justice is met with those  who have violated the law of the land as governmental enquiry will be a pointless exercise as APL have witnessed the enquiry of Nishtar Park incident, 12 May Massacre, 18 October attacks on Be Nazir’s procession and 27 December 2007 assassination of Be Nazir twice Premier of Pakistan. APL also requests that lawyers must remain calm and assist the law enforcement agencies with the investigations to catch the culprits behind this incident.

APL asserts that ‘black forces’ are at work to undermine the political process as well as undermining the civil administration in Pakistan. These incidents also smell negative designs and judicial enquiry can put a lot of things at rest in order to run the civilian rule in Pakistan. APL have asked the lawyer movement as well as civil society to be vigilant as these incident give rise to a suspicion of a ‘mind set’ in Pakistan which does not wish to transform power to civil rulers which needs to be checked by lawful attitude and civic struggle, with unity of thought and continuous struggle of heart and mind.

APL demands that despite all ill will and reservations, opposition voice must be protected. Now when the winning party is in government, they must treat the opposition the way they wished the treatment for themselves which they never received in last 9 years. Opposition plays an important part in any  healthy democracy, and winning graciously is the key and ‘forgiveness’ and ‘live and let live’ principle must not be ignored. Any component of opposition may not be barred from going from one province to another, their families must not be disturbed and no false and trump up charges should be brought against them. Even if charges are made, they must be offered due process of law and fair trial. APL believes that political defeat by vote is the biggest revenge one may take from their opponent.

APL further express their view that Barrister Aitzaz Ahsan President of SCBA must consider taking his resignation back at this critical juncture of the lawyer’s struggle and if the Govt has not resigned after 12 May, 18 October and even after Be Nazir Buuttoo’s killing on 27 Dec 2007, thus this is not the event which merits his resignation.

APL however feels that separation of political position(s) from that of lawyer’s struggle’s leadership is totally a different matter and is quite akin to the announcement of even ruling party policy where they have asked their Ministers even PM to vacate their own party positions to avoid conflict and to promote political party’s work. As a result there is a room of an argument that lawyer’s struggle if at one stage turns towards a political party who does not deliver on its promises may create problems for the loyalists of that particular party and conflict may arise which at that juncture may damage the struggle and the cause. Lawyer’s struggle for rule of law, and justice is an ongoing process to liberate Pakistan’s judiciary to a position where it may play its due role duly given in the constitution of Pakistan 1973.

APL hopes that Lawyers, media and Civil society’s contribution is fruitful to bring Pakistan out of the series of crisis to save the federation and country from imminent dangers.

Amjad Malik, MA, LLM

Solicitor-Advocate of the Supreme Court of England & Life Member SCBA (Pakistan)
Vice Chair Association of Pakistani Lawyers (UK)

149a DRAKE STREET
ROCHDALE, OL11 1EF
TEL: 00 44 1706 346 011
FAX: 00 44 1706 346012
MOBILE: 00 44 7770 983308
EMAIL: APLRochdale@aol.com

8 April 2008