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15 November 2007 / Roger Smith
Issue: 7297 / Categories: Opinion , Profession
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Pakistan: law on the edge

Roger Smith calls on lawyers to lend their voices in support of colleagues currently denied their own

Dictators are ten a penny. But rarely have we seen one whose justification for the seizure of power focused so clearly on lawyers, judges and the constraints of the rule of law as General Pervez Musharraf’s.

As a result, Pakistan’s judges and lawyers find themselves, somewhat literally, in the firing line. As the British section of the International Commission of Jurists (ICJ), JUSTICE is deeply concerned with events. Indeed, Pakistan’s ICJ commissioner is, herself, under house arrest.

Events are happening about which lawyers all around the world, and particularly in the UK with its historically strong links to Pakistan, should be concerned.
Musharraf’s declaration of a state of emergency on 3 November was pretty far-reaching. He suspended key rights guaranteed in his country’s already battered 1973 constitution, including: articles governing security of the person; safeguards as to arrest and detention; freedom of movement; freedom of assembly; freedom of association; freedom of speech; and equality of citizens.

Musharraf’s justification for his actions is worth reading (available

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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