DISTRICT BAR COUNCIL, LARKANA
Address
Mohtarma Benazir Bhutto
Prime Minister Islamic Republic of Pakistan
Larkana
3 January, 1994
Syed Abdullah Shah
Sahib, Chief Minister Sindh,
President Larkana Bar
Association,
Respected Members of
the Bench and Bar,
Worthy guests, Ladies
and gentlemen,
Assalam-o-Alaikum!
It is a matter of
great pleasure for me to have the privilege of
addressing an important Bar Association of the
country. Lawyers have an important role in upholding
supremacy of law in the country. They also play
equally significant role in creating conditions
conducive for meeting requirements of modern times
for development and progress. The important issues
of human rights and basic freedom are receiving
maximum attention of lawyers associations. The
question of resources and human needs is being given
great importance all over the world. As such the
lawyers community too will have to participate in
development and social welfare activities.
Since long time,
Bench and Bar have been two important pillars of
judicial system. The courts owe the responsibility
of forcing official agencies and organizations to
function within the framework of Law and ensure
supremacy of Law. This objective can be achieved
only when the judiciary is free and is duly
supported by a sincere but dauntless Bar. Presence
of independent judiciary is an unavoidable necessity
of a democratic country, and in a Federation like
ours it is all the more imperative to have
independent judicial system. Independence of courts
helps in advancement of rule of Law. As far as
superior courts are concerned, their freedom of
action is guaranteed by the Constitution. The
Federal Government, in pursuance of Supreme Court's
decision of 31st March, 1993 has already issued a
notification, although even before the pronouncement
of this decision, People's Party's Government after
being elected in 1988 and 1990 had decided to follow
the same course. However, your government was
removed and its successor government was not
prepared even to allow Supreme Court the freedom of
utilizing its budgetary provision according to its
requirements while remaining within the limits of
approved grant and withdrew the relevant orders. Let
me make it clear that the Supreme Court is fully
empowered to use its budgetary provision as it
considers appropriate and is not supposed to seek
government's permission. The provincial governments
will also follow the same procedure in respect of
provincial high courts. In the light of the relevant
decision of the Supreme Court and in accordance with
section 175 of the Constitution, Executive will be
separated from Judiciary, The provincial governments
are already preparing a plan to separate judicial
and executive magistrates.
Under section 34 of
our Constitution the government is bound to ensure
participation of women in every sector of our
national life. The number of women judges in our
subordinate courts is very small. Our government is
planning to appoint women judges at district level
and also include some female Judges in High Courts.
A legislation is under preparation to restore women's
seats in National and Provincial Assemblies while
for the first time nine seats will be reserved for
women in the Senate.
Unfortunately,
Pakistan remained under dictatorial regime for a
long time which severely damaged democratic
institutions and Parliamentary nature of the
Constitution also suffered. Our government has
constituted a Committee headed by the Minister for
Law and Parliamentary Affairs to examine the
changes made in the Constitution by the dictatorial
regime and submit report to the government for
further necessary action. Let us not forget that
security of the country lies in upholding will of
the people and democratic practices.
We are determined to
strengthen Parliament which is the most important
pillar of democracy. Parliament is the corner-stone
of democratic set up. If an attempt is made to
weaken the Parliament, the entire edifice of
democracy will crumble down.
As far demands and
suggestions made by you, I would like to say that
circuit Benches of Sindh High Court are already
functioning at Hyderabad and Sukkur. Now that
Larkana has attained the status of Division, a
circuit Bench should also be set up here. You will
recall that in our Manifesto of 1990 Elections we
had stated that with the establishment of Divisional
Headquarters at Larkana, a circuit Bench will also
start functioning here. The government of Sindh, in
consultation with the Chief Justice of Sindh High
Court, will Insha Allah
soon set up a circuit Bench here.
With regard to the
appointment of Judges, I would like to say that
talented and qualified persons whether from Karachi,
Hyderabad or any other part of Sindh, should be
appointed Judges of the High Court. I hope the Chief
Minister, while preparing list of suitable persons
in consultation with the Chief Justice, will, apart
from Karachi, Hyderabad and Sukkur, also include
some names from Larkana Division.
As far as Banking
Tribunal is concerned, I am not aware of the volume
of its work in Larkana. However, a Chamber of
Commerce has already been established here.
Moreover, government has decided that those who fail
to pay back their loans to banks, should be
prosecuted and loans given to them should be fully
recovered. Similarly, we have also decided that
income tax defaulters should also be strictly dealt
with and should be made to pay their tax dues. You
will be pleased to know that ever since your
government has taken over, recovery of tax dues has
been accelerated as we attach great importance to
recovering government dues. Let me assure you that
political pressure will not be allowed to help loan
or tax defaulters. No one will be permitted to use
corrupt methods. We have launched moral crusade
against corruption and other malpractices. We are
determined to prove that big or small, rich or poor
all are equal before law. This is the corner-stone
of our policy. Banking and taxation are receiving
maximum attention by us and I feel that a Banking
Tribunal should be set up at Larkana. The government
as well as Bar Council will equally benefit from it.
The question of
Lawyers Colony in Larkana needs to be examined from
administrative view point. I have already announced
the establishment of a housing society in Larkana. I
hope, this being a provincial matter, Chief Minister
will examine the proposal and take appropriate
decision. The demand for grant of interest-free
loans to junior lawyers will be duly considered in
the Ministry of Finance, while the request for
increase in pay and allowances of Judges of junior
courts will receive sympathetic consideration of the
provincial administration which will have to foot
the additional bill. In my opinion it is a fair
demand and I will request the provincial government
to consider it with due sympathy.
Before concluding I
would like to say that I have the privilege of
having long association with your Bar. After being
elected Prime Minister for the second time due to
your help and votes, this is my first address to any
Bar Council in the country. I have been coming to
your Council quite often and apart from my own
relationship with your Association even the first
elected Prime Minister of Pakistan Shaheed Zulfikar
Ali Bhutto also enjoyed close relations with your
Council.
I distinctly remember
that during the Martial Law Regime you had decided
to display Shaheed Zulfikar Ali Bhutto's photograph
in the Association's offices and despite heavy
pressure from concerned quarters you did not change
your principled stand. I am happy to note that your
Association demonstrated unparallel courage and I
earnestly hope that it will show the same strength
of character and respect for principles in future as
well.
I still remember that
during my last visit I had announced a lump sum grant
for your Council, but unfortunately, due to some
procedural problems it was not given to you. Today. I
am pleased to announce a grant of Rs. 5 lacs
together with the earlier dues of 2 lacs, for your
Association.
I am extremely
grateful to you for inviting me to meet you.
Thank you very much
Pakistan Paindabad!
