Access to justice: Bar leaders divided over decision on new benches

SCBA supports the move, PbBC has called a meeting to discuss the matter

LAHORE: The Supreme Court Bar Association has expressed support for Lahore High Court’s decision to not create more territorial benches in the province. The Punjab Bar Council (PbBC), however, is sticking to its demands for setting high court benches in five divisions that do not currently have them.

Some PbBC members from Gujranwala, Faisalabad, Sahiwal, Sargodha and Dera Ghazi Khan convened a meeting in Gujranwala on Saturday to brainstorm for a strategy to press this demand. The PbBC has also called a general house meeting in this regard on July 30.

Lahore High Court Chief Justice Syed Mansoor Ali Shah on Thursday invited PbBC Vice Chairman Chaudhary Muhammad Hussain to a meeting on the issue but the latter declined the invitation, saying he could not represent his colleagues without consulting them.

Talking to The Express Tribune, Hussain said the invitation extended by the chief justice was a welcome development.

“However, I cannot take a decision on this matter without consulting the 72 representatives of lawyer across the province,” he said.

He said a week ago, Governor Muhammad Rafique Rajuana and Law Minister Rana Sanaullah had separately extended him invitations for meetings. “I declined their invitations for the same reason.”

He said the PbBC had passed four resolutions demanding formation of divisional benches. “These resolutions were passed unanimously. We cannot take them back.”

Commenting on statements issued by SCBA president Syed Ali Zafar and Lahore High Court Bar Association secretary Anas Ghazi in support of the LHC decision against the formation of new benches, he said, “Representatives of lawyers should not issue statements without taking their house in confidence.”Hussain said he may meet the chief justice after the general house meeting on July 30. “The meeting will allow us to sit down and discuss whether we support the LHC decision or are against it.”

PbBC member Hafiz Insarul Haq from Gujranwala division told The Express Tribune that most lawyers wanted more benches.

“Lawyers from across the province come to Lahore to attend court proceedings every day. After waiting for hours, they are told their cases have been left over,” he said.

He said justice should be easily accessible. “The LHC will be stronger with more benches across the province. This will increase people’s confidence in the judicial system.”

SCBA President Syed Ali Zafar expressed support for the LHC decision.

He said the decision had been taken to protect the independence and integrity of the LHC. “It will also ensure efficient working of the court.”He said that the civil and district courts had been established to undertake work in divisions while the constitutional jurisdiction, appellate and revision jurisdictions against the judgments of the district and civil courts remained with the high court.

“If LHC benches are established in other divisions, it will amount to lowering the high court to the level district courts,” he said.

Barrister Zafar said he had consulted with the senior members of the Supreme Court Bar and former chief justices on this issue.

“They were also of the view that establishment of more divisional benches should be discouraged,” he said.

“Regardless, lawyers from other divisions have genuine concerns and in order to address these concerns, Lahore High Court should have special benches representing the districts within the principal seat at Lahore,” he said.“This will help visiting lawyers obtain hearing of their cases and will prevent delays in hearings,” he said. “When a lawyer from another district comes to Lahore, he has an opportunity to interact with colleagues from across the country. It allows them to meet one another in one place, exchange views, hold dialogue and improve professional integrity.”

Published in The Express Tribune, July 22^nd, 2016.