Multan bar dispute: SC to hear bench-bar dispute today

CJP to head five-judge bench hearing challenge to LHC contempt notice against LHCBA president

ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar has formed a larger bench to look into the issue which led to recent violent clashes between lawyers and the police outside the Lahore High Court.

Clashed broke out August 22 after lawyers broke past the judges’ entry gate of the Lahore High Court and clashed with security personnel.

The ugly scenes came after the high court issued non-bailable arrest warrants for LHCBA president Sher Zaman Qureshi, who had repeatedly refused to join contempt of court proceedings initiated against him for misbehaving with Justice Qasim Khan. The high court will resume the hearing of case on September 8.



Headed by the CJP himself, the five-judge SC bench will hear the Multan High Bar Association’s plea to suspend contempt proceedings against Qureshi in the LHC.

The larger bench will take up the petition today (Wednesday) at its Lahore registry. Senior lawyers Hamid Khan and SCBA President Rashid A Rizvi, among others, will appear on behalf of the Multan High Court Bar Association.

SCBA Secretary Aftab Bajwa told The Express Tribune that the Multan High Bar Association has recently moved an application for hearing of the case on Wednesday (today).



Legal experts believe that since the bench and bar have been pitched against each other over the LHC order for the arrest of a lawyers’ community leader, maintaining discipline in the legal fraternity poses a major challenge for the superior judiciary.

Last month, the bar had approached the Supreme Court, praying that the apex court declare its locking down by the LHC as being against the law and the Constitution.

The petition was filed under Article 184(3) of the Constitution through Advocate Syed Riazul Hassan Gilani and made the LHC chief justice, registrar, the interior secretary, and others respondents.

The petition states that an uncalled for situation has emerged in the LHC Multan bench, where a dispute between a senior LHC judge and lawyers was arisen on July 24. Subsequently, the LHC chief justice ordered the closure of the entire bench – including officers and courts.



“The act of the LHC CJ and registrar by way of misusing their powers and highhandedness has not only shut down the entire LHC Multan bench but also transferred all cases to the principal seat.”

It is also submitted that the LHC Multan bench has been created under Article 198(3) of the Constitution and its closure is not warranted by the Constitution.

“The right of peaceful protest is warranted by the Constitution and the lawyers were exercising their right of their demands but [the LHC CJ] became prejudiced to the act of the lawyers, resulting in the closure of the bench, which is against the Article 198 (3) of the constitution,” says the petition.