Khudayar Mohla –
While expressing grave concern over reference of incumbent government against Supreme Court judge Justice Qazi Faez Isa and Sindh High Court judge K K Agha on Wednesday top regulatory body of legal fraternity in the country Pakistan Bar Council has shown hope that the Supreme Judicial Council (SJC) will proceed with the matter purely in accordance with law and as per the Constitution.
Through a resolution, the PBC constituted a joint action committee of lawyers’ representatives in order to decide future course of action with regard to the presidential reference against Justices Qazi Faez Isa and K K Agha.
The committee comprises chairman and vice chairman of the PBC executive committee, the Supreme Court Bar Association (SCBA) president and secretary, vice-chairmen of all provincial as well as Islamabad Bar Council (IBC), presidents of all the high court bar associations at principal seats as well as the High Court Bar Association Islamabad.
A meeting of the PBC’s general house was held on Wednesday where as many as 22 members belonging to both the Professional Lawyers Group and the Independent Lawyers Group passed a unanimous resolution.
Expressing serious concerns about the references filed by the government against Justice Qazi Faez Isa and the SHC judge K K Agha the PBC said both the judges are widely recognised and acknowledged as independent upright and competent judges.
“The move of filing the references by the government against both these judges smacks [of] malafide of the government. The manner and haste shown in filing the references and their timing also raise eyebrows in the legal fraternity. Therefore, we disapprove this move,” said in the resolution.
The PBC also approved the decision taken by a joint meeting of bar representatives on June 8 and 9 in respect of observing protest day on June 14, 2019 throughout the country when the lawyers will wear black armbands and will not appear before the courts. However, the resolution said that the lawyers will remain peaceful and not resort to any violence as the “lawyers firmly believe in the rule of law”.
While taking serious notice of some unsuccessful attempts by the incumbent government to divide the legal fraternity the PBC expressed its resolve that the legal fraternity would stand united on this issue.
The PBC also took serious note of a press statement of former Chief Justice Iftikhar Muhammad Chaudhry saying he himself has lost the credibility, adding that the PBC clarified that elected bar bodies are duly functional and alive to the issue and have the fullest capacity to deal with the prevailing situation.
While expressing concern over inappropriate and harsh language used by Supreme Court Bar Association (SCBA) President Amanullah Khan Kanrani, it has been stated in the resolution, “Senior bar leaders are expected to use temperate language while addressing the media and are advised to take into confidence other elected colleagues within the bar bodies before taking any decision.”
The PBC with majority of 14 members suspended membership of federal law minister Dr Faroogh Naseem.
Regarding suspension of the membership of Naseem the PBC said that Dr Naseem was required to get his licence suspended under Rule 108-O of the Pakistan Legal Practitioners & Bar Councils Rules, 1976 as he has joined federal cabinet saying but he has failed to do so and thus by operation of law his licence to practice stands suspended and further in view of suspension of licence to practice he also ceases to be a member of the PBC.
It also decided that in view of second proviso of Rule 108-O ibid on failure of Faroogh Naseem, to get his licence to practice suspended within one month, he has also committed a professional misconduct, therefore, a notice be issued to him to show cause as to why the matter may not be referred to the PBC’s disciplinary committee for appropriate action in accordance with law.
The PBC with majority members also resolved that the role played by the law minister in filing of references against Justice Qazi Faez Isa and Justice K K Agha in the Supreme Judicial Council, is highly condemnable as he is instrumental in hatching this conspiracy against the independent judiciary.
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Copyright The Law Today Pakistan (TLTP) 2019
