Lawyers want ex-judge’s NGO off city courts

Letter sent to Justice (r) Nasir Aslam Zahid turned into petition.

KARACHI: Karachi’s lawyers have objected to Justice (retired) Nasir Aslam Zahid running a legal-aid office for women prisoners at the city courts and someone has circulated text messages in a malicious campaign against him.

In reaction to the general disenchantment, the Karachi Bar Association (KBA) sent a letter on January 18 to Justice (r) Zahid over running the Committee for the Welfare of Women Prisoners. The KBA conveyed to him that its managing committee believed that he was running a system “parallel to the present [one]” and that it would try to remove his offices from the premises.

The letter was somehow brought to the notice of Justice Mushir Alam, the chief justice-designate, who, taking suo motu action, ordered it to be converted into a constitutional petition. The chairmen of the Pakistan Bar Council, Sindh Bar Council, the presidents of the SHC Bar Association, the KBA and honorary secretaries, were put on notice for Thursday.

Why the lawyers are against the NGO

The KBA letter to Justice (r) Zahid referred to sections 174-A and 174-B of the Pakistan Legal Practitioners Act and Bar Council Rules 1976. According to them, no advocate can use his or her previous designation or post, such as retired judge, ex-judge, etc.

The letter refers to the Free Legal Aid Rules 1999 and states that according to Rule 4, the Pakistan Bar Council has a Central Free Legal Aid Committee and Provincial Legal Aid Committee at the principal seat of each high court of the province, at circuit benches and at the district level. Meanwhile, a legal aid committee of the Sindh Bar Council (SBC) also exists. It appears that its argument is that given that these offices exist, there is no need for one to be run by Zahid.

The KBA maintained that the NGO is working without the consent of the SBC as well as the KBA, which is in violation of the Legal Practitioners and Bar Council Act 1973.

The hearing

When the petition came up for hearing, Barrister Dr Muhammad Farogh Naseem and Syed Iqbal Haider appeared for Justice (retired) Nasir Aslam Zahid. The counsel submitted that the issue would perhaps be resolved amicably out of court once the points of view of both parties were exchanged and mutually understood. He expressed concern and regret over a campaign through an sms service, maligning the former judge and the judiciary. KBA president Muhammad Aqil said that the KBA has nothing to do with the alleged sms.

The KBA president also pointed out that the title of the petition is also incorrect as the KBA is not a petitioner (but a respondent). The court allowed the request and ordered for it to be amended.

The court also allowed a request by the NGO’s counsel and ordered the Pakistan Telecommunication Authority to find out who sent the malicious messages and take action against them. The proceedings were then adjourned till February 25.

KBA honorary secretary Syed Haider Imam Rizvi told The Express Tribune after the hearing that the letter was sent to the former judge after a resolution was passed by the KBA at its general body meeting. He argued that the NGO was going beyond its self-professed welfare work and was superceding the “vakalatnamas”, replacing a member of the KBA. They were making appearances for accused people booked in heinous offences too, he said.

He dispelled the misgiving that the KBA was behind a campaign against former judges and said that he too wanted to find out who sent the malicious messages.

Published in The Express Tribune, February 12^th, 2011.