Cancellation of licences : Tussle between bench and bar deepens
PBC summons special meeting of all lawyers’ representatives on October 15
PBC summons special meeting of all lawyers’ representatives on October 15. PHOTO: EXPRESS
ISLAMABAD:
Tension between the legal community and Lahore High Court has deepened following the cancellation of licences of two lawyers by the high court’s supervisory body.
In view of the prevailing situation the Pakistan Bar Council (PBC) has summoned a special meeting of all lawyers’ representatives on October 15 to discuss the future course of action regarding the ongoing confrontation between the bench and the bar in Punjab.
Rights of advocates: Multan bar announces protest movement
Talking to The Express Tribune, PBC vice chairman Farogh Nasim said that a special meeting of representatives will be held in Lahore on October 15. “I have greatest respect for LHC Chief Justice Mansoor Ali Shah but the high court has no authority to suspend licences of lawyers through administrative order,” he said.
PBC executive members Shoaib Shaheen and Ghulam Mustafa Kundwal have also expressed serious concern over the suspension of licences by the supervisory committee, adding that neither the law nor the rule allow the high court to form such a committee, which could suspend licences.
Supreme Court Bar Association (SCBA) President Syed Ali Zafar has also expressed concern.
In a statement, he said that any act of violence or misconduct by lawyers in the courtroom must be strongly condemned and as per the law, strict action should be taken against them. “A lawyer is supposed to uphold the dignity of the profession and respect of the courts,” he added.
Barrister Ali Zafar, however, stated that cancellation of a lawyer’s licence by the judiciary, despite its positive intent, means compromising the independence of the bar and such power in the hands of the judges can be misused in future scenarios, adding that this situation must be avoided at all costs.
He believes that the power to cancel a lawyer’s licence is and should not be available to the judges. “The correct procedure to follow is to file a complaint against the lawyers concerned before the Bar Council Committee, the forum decreed by the law to deal with such matters,” the statement said.
Ali Zafar stressed that he saw serious consequences to the legal system and SCBA if the issue wasn’t resolved. He suggested that the court should withdraw the cancellation of licences and let the disciplinary committee of the bar council do its job.
He said that it is in the interest of the lawyer community to clean up their own house and the Supreme Court Bar Association will ensure that appropriate action will be taken by the Bar Council Committee against those found guilty. It is to be noted that legal community on Saturday observed a boycott of court proceedings in protest across Punjab against the committee’s proceedings on two separate complaints for “misbehaving with the judges”.
Looming showdown: Bar overrules judges, reinstates lawyer
Chief Justice Syed Mansoor Ali Shah had constituted a seven-member supervisory committee the day he took oath of his office (June 28) this year. The purpose of the committee was to curb growing incidence of misbehaviour in lower courts and to protect rights of the judges, especially females, who have to sometime face hostile attitude of lawyers and others.
Later the committee has suspended the practicing licence of both lawyers and referred their cases to the Punjab Bar Council disciplinary committee. Lawyers’ disciplinary committee refused to accept the LHC’s administrative order and restored the practicing licences of both advocates.
Published in The Express Tribune, October 12th, 2016.
Tension between the legal community and Lahore High Court has deepened following the cancellation of licences of two lawyers by the high court’s supervisory body.
In view of the prevailing situation the Pakistan Bar Council (PBC) has summoned a special meeting of all lawyers’ representatives on October 15 to discuss the future course of action regarding the ongoing confrontation between the bench and the bar in Punjab.
Rights of advocates: Multan bar announces protest movement
Talking to The Express Tribune, PBC vice chairman Farogh Nasim said that a special meeting of representatives will be held in Lahore on October 15. “I have greatest respect for LHC Chief Justice Mansoor Ali Shah but the high court has no authority to suspend licences of lawyers through administrative order,” he said.
PBC executive members Shoaib Shaheen and Ghulam Mustafa Kundwal have also expressed serious concern over the suspension of licences by the supervisory committee, adding that neither the law nor the rule allow the high court to form such a committee, which could suspend licences.
Supreme Court Bar Association (SCBA) President Syed Ali Zafar has also expressed concern.
In a statement, he said that any act of violence or misconduct by lawyers in the courtroom must be strongly condemned and as per the law, strict action should be taken against them. “A lawyer is supposed to uphold the dignity of the profession and respect of the courts,” he added.
Barrister Ali Zafar, however, stated that cancellation of a lawyer’s licence by the judiciary, despite its positive intent, means compromising the independence of the bar and such power in the hands of the judges can be misused in future scenarios, adding that this situation must be avoided at all costs.
He believes that the power to cancel a lawyer’s licence is and should not be available to the judges. “The correct procedure to follow is to file a complaint against the lawyers concerned before the Bar Council Committee, the forum decreed by the law to deal with such matters,” the statement said.
Ali Zafar stressed that he saw serious consequences to the legal system and SCBA if the issue wasn’t resolved. He suggested that the court should withdraw the cancellation of licences and let the disciplinary committee of the bar council do its job.
He said that it is in the interest of the lawyer community to clean up their own house and the Supreme Court Bar Association will ensure that appropriate action will be taken by the Bar Council Committee against those found guilty. It is to be noted that legal community on Saturday observed a boycott of court proceedings in protest across Punjab against the committee’s proceedings on two separate complaints for “misbehaving with the judges”.
Looming showdown: Bar overrules judges, reinstates lawyer
Chief Justice Syed Mansoor Ali Shah had constituted a seven-member supervisory committee the day he took oath of his office (June 28) this year. The purpose of the committee was to curb growing incidence of misbehaviour in lower courts and to protect rights of the judges, especially females, who have to sometime face hostile attitude of lawyers and others.
Later the committee has suspended the practicing licence of both lawyers and referred their cases to the Punjab Bar Council disciplinary committee. Lawyers’ disciplinary committee refused to accept the LHC’s administrative order and restored the practicing licences of both advocates.
Published in The Express Tribune, October 12th, 2016.