Solidarity
with Pakistan's Lawyers: If Not Now, When?
By Liaquat Ali Khan
Professor of Law
Washburn University School of Law
Topeka, Kansas.
The lawyers are protesting in the streets of
Pakistan because the usurper has suspended the
Constitution "in exercise of all powers."
The usurper has arrogated to himself the license
to amend the constitution, from time to time,
as he deems expedient. When one man can suspend
and alter the fundamental constitution of a nation,
the abuse of power is unlimited.
The lawyers of Pakistan are putting their lives
on the line because the usurper has suspended
the basic rights of the people of Pakistan. The
constitutional right that no person shall be deprived
of life or liberty save in accordance with law
has been suspended. This suspension means that
the government can imprison or kill anyone in
Pakistan with no protection of law.
The lawyers of Pakistan are refusing to submit
to the usurper because under the new regime anyone
can be arrested without being informed of the
grounds for such arrest. No longer does the arrested
person have any right to consult or to be defended
by a lawyer.
The lawyers of Pakistan are protesting on the
courthouse grounds because the usurper has suspended
the freedom of movement. Many Supreme Court Justices
and politicians have been detained in their houses.
Numerous human rights lawyers have been made political
prisoners in their own homes.
The usurper has suspended the right to free speech
and the freedom of press. The electronic media
have been turned off. The newspapers are no longer
free to report the crimes of the regime. They
are not free to comment on the news or criticize
a lawless government. The lawyers are marching
in unison because a nation without free speech
is a dead nation and a nation without a free press
is vulnerable to gross violations of human rights.
The usurper has suspended Article 25 of the Constitution
which says: All citizens are equal before law
and are entitled to equal protection of Law. When
the government abandons the equal protection of
laws, weak individuals and weak groups are the
first to suffer, and suffer the most. The lawyers
have taken the vanguard of protest because legal
safeguards against blatant discrimination have
been removed.
The usurper has fired the Supreme Court Justices
who refused to accept unlawful dictation and who
demanded that the usurper respect the Constitution.
The lawyers of Pakistan are being beaten, detained,
and taken away from their children and families.
They have been charged with the crimes of terrorism
because they have made a commitment to stand for
the rule of law, democracy, and fundamental rights.
The lawyers of Pakistan need the moral support
of lawyers around the world.
The lawyers of the world must contribute to this
struggle against a lawless dictator and express
solidarity with the lawyers of Pakistan.
Global solidarity of lawyers will forge effective
resistance to a dictator in Pakistan who has revoked
all constraints of law to gratify his infatuation
with power.
Global solidarity of lawyers is needed because
dictators can rise in any nation. No legal text
furnishes security against power addicts who subvert
even the noblest constitution to maximize their
willfulness.
When the lawyers and judges of the world are fearless
and determined to uphold the rule of law, the
tide of tyranny can be abated. The power of law
lies in the lawyer's commitment to subvert injustice.
Lawyers are the guardians of the law.
Global solidarity of lawyers will show to the
world that the profession of law anywhere and
everywhere stands for the rights of the people,
all the peoples, and a right diminished anywhere
is a right diminished everywhere. A tyrant tolerated
in any nation pollutes the whole world as lawlessness
spreads across borders.
Let the lawyers of the world get together in big
cities and in small towns. Let them assemble peacefully,
exercise free speech, and pass resolutions to
condemn the mistreatment of lawyers in Pakistan.
Let the lawyers of the world speak against the
suspension of fundamental rights in Pakistan.
Let them demand that the Justices of Pakistan
Supreme Court be freed from detention so that
they can continue their charge of maintaining
the rule of law. Let the lawyers of the world
petition their leaders to put pressure on the
Pakistani dictator to restore the constitution.
If the lawyers of the world do nothing to support
the lawyers' resistance in Pakistan, tyranny will
be entrenched.
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