Lawyers, and former judges rose from their seats one by one in the hall of Sindh High Court Bar Association and announced their respective shares in a benevolent fund set up by the association to support the families of hundreds of their colleagues who are languishing in jails and also those who have been boycotting the court proceedings to protest the state of emergency imposed by General (R) Pervez Musharraf.
Some of the detained lawyers had enough savings to feed their families even if they didn’t practice for next many months, however a majority of them belongs to lower and middle income brackets, who have been grappling with serious financial constraints amid their arrests and boycott of court activities to protest the emergency.
“There are some lawyers who can survive for months without practising, but many of them dig the well and fetch water on daily basis,” Justice (R) Wajihuddin Ahmed, a former Supreme Court judge who contested the presidential election against General Musharraf in October last as lawyers’ candidate, told the fundraising ceremony.
Justice Wajih, who had resigned in protest in 2001 when General Musharraf asked the then Supreme Court judges to take fresh oath under provisional constitutional order (PCO), managed to enter the building of Sindh High Court, where he had served as Chief Justice in late 90s, as the riot police besieged the building to prevent the lawyers from attending the ceremony.
A sum of Rs1.4 million (25,000 dollars) was collected during the two-hour long reception, which will be disbursed to support the families of detained lawyers.
“There is no judiciary in Pakistan after imposition of the emergency. Therefore, don’t concentrate on that (judiciary). Be steadfast and don’t lose courage. This is the time where we have to prove ourselves,” an otherwise cool and calm Wajih said in a stentorian tone.
Munir Rehman, the newly elected secretary general of the association and organizer of the fund-raising ceremony, says the situation is getting difficult for lawyers with every passing day. Munir said the families of many lawyers had been facing financial constraints since March 9, the day General Musharraf (R) suspended the chief justice of the country’s Supreme Court, Justice Iftikhar Chaudhry, and the lawyers kicked off their movement for an independent judiciary.
“Only senior lawyers earn more like everywhere in the world. A majority of our members are mid-career or junior lawyers, who do not have much savings to feed their families in case of arrests and boycott (of court activities),” Munir said.
Some 3,000 lawyers are associated with Sindh Bar Association, whereas over 9,000 lawyers are associated with Karachi Bar Association, a sister organization.
Munir had served as office bearer of Karachi Bar Association in 1980s after graduating as a law student from Karachi.
“The situation has taken an alarming turn after the imposition of emergency. Treason cases are being lodged against protesting lawyers, and political activists. All the relevant powers of the judiciary have been clipped through emergency rule rendering the courts unable to grant bail to the detainees under respective charge,” Munir said. “Police are treating us like criminals. Our colleagues are being subjected to mental torture in the jails,” he added.
A majority of Sindh High Court Bar is boycotting the court activities as the lawyers have announced not to appear before the supreme and high court judges, who have taken fresh oath under emergency order.
However, the situation is different at lower courts, where lawyers are appearing before the judges, as they were not required to take a fresh oath under PCO.
“We have allowed our members to appear in the lower courts keeping in view their financial problems,” Javed Khan, member managing committee of the Karachi Bar Association, said.
The KBA members, however, boycott the court proceedings for an hour on regular basis to register their protest. The KBA office located on the premises of the city court is surrounded by heavy contingents of police and paramilitary troops in order to prevent the lawyers from staging any protest rally or demonstration. The office notice board displayed a resolution condemning the hiring of a son of the newly appointed Chief Justice Supreme Court, Justice Abdul Hameed Dogar, in state-run Port Qasim, the second largest port of Pakistan.
“This is the fruit he (Justice Dogar) has got against his services to (for) the military regime,” the resolution read.
Though, the court activities were going on normally, a visitor feels fear in the air. A traditional liveliness, which used to be witnessed in the KBA office and cafeteria is lacking.
“We don’t know whether we will be arrested while entering the court. We feel a sense of insecurity due to deployment of heavy security around the court,” said Mr. Khan.
“We don’t feel threatened or depressed despite the fact our top leaders are in jail. We have already decided about the alternative leadership, which is leading the movement,” he added.
A group of young lawyers, having apparent signs of disturbance on their faces, was sitting in a small lounge of the office, waiting for the hearing of their cases. Apparently, they were worried about the financial losses they have been conceding.
Ejaz Khattak, a city court lawyer, admits he has been facing serious financial losses in the wake of lawyers’ movement. “We are not getting fresh clients as they know that nothing is happening in the courts,” he said. Khattak, however, claims that the clients are not “unhappy” with lawyers despite frequent boycotts. “In a normal situation even if we reach a little late at the court, they get very unhappy. But in the current circumstances, they support us. None of my clients have so far asked me that he wants to change the counsel,” he maintained. “Yes, I am facing financial problems because of the ongoing movement. But it is not a big sacrifice for the rule of law. If my little sacrifice contributes to our movement, which is solely for rule of law, I think I have abided by my oath which I had taken at the beginning of my career as a lawyer,” he added. Khattak says he feels insecure, but not intimidated.
‘I am not scared, but I do feel insecure as I know I can be arrested anytime. One does not have to be genius to figure out that if a lawyer feels insecure, then how effectively he would plead the case of his client,” he added. “We are not fighting for a raise in our salaries or other financial benefits. Our struggle is for the supremacy of law. And it will continue till the last lawyer is out of jail,” he said.
Judges who did not take fresh oath under emergency order feel proud. “I am proud of our decision. I never got such honor and respect, which I am getting nowadays. I am proud of myself,” Justice Zahid Sharif, the senior most judge of Lahore High Court told reporters.
Roses were lying at the gate of his residence in Lahore, dropped by civil society members and political activists to pay tribute to him.
“Justice Corners” have been set up in different cities and universities by the citizens to pay tribute to the judges who did not take a fresh oath under emergency order.
“I think the young judges who had a bright future awaiting them, deserve more appreciation. I had only a few years of service left, but they had 10 to 15 years left,” Justice Sharif said. “I am feeling very relaxed. I guess now my family will not complain that I don’t give them time,” he said in a lighter mood.
