Kiln workers move SC against ‘mafia’

File application against lawyers, AORs, munshis operating within apex court


Hasnaat Mailk May 12, 2018
Mian Saqib Nisar: PHOTO:EXPRESS

ISLAMABAD: A group of brick kiln workers have approached the Chief Justice of Pakistan (CJP) Mian Saqib Nisar against an ‘organised mafia’ consisting of lawyers, the advocate on records (AORs) and munshis operating within the premises of the Supreme Court’

One such worker Manzoor, who filed a petition in the apex court seeking the enforcement of brick kiln  workers rights,  has submitted an application before the CJP and the Pakistan Bar Council’s (PBC) executive committee chairman against an AOR and lawyer for manhandling him.

“I along with 10 other applicants appeared before your court (CJP) on May 10 in constitution petition No.60/2017 and requested for change of lawyer and your honour has allowed the application. As soon as we went to the office of AOR, he started using foul language against us,” said the complainant.

The applicant said since they all are illiterate, a 20-year-old social worker Farrukh Javed was helping them in writing and moving the applications. He said Javed was punched many time by the said AOR on the face in front of workers and staff of AOR office.

“We belong to the marginalised segment of society and are already exploited by all and sundry that this attack has seriously damaged our resolve to fight the atrocities being committed by elites.

“There is an organised mafia consisting of lawyers, AORs and munishis operating within the premises of Supreme Court of Pakistan who get hold of poor and illiterate applicants and then blackmail them to obtain money every now and then,” he added.

The applicant requested the CJP to cancel licence of the AOR and the lawyer who was appearing in their case.  He also moved an application in the Police Station Secretariat for the registration of FIR against AOR for beating up a 20p-year-old Farukh Javed.

Under the Supreme Court Rule, no case can be filed in the apex court without engaging the AOR.

Approximately, 20 AORs are actively working in the SC Islamabad registry. Interestingly, every AOR has employed two-three munshis for their assistance.  Usually, the AOR charges around Rs15,000 to Rs20,000 fee for just filing a case in the institution branch.

However, Supreme Court staff and Supreme Court Bar Association (SCBA) members are complaining against some AORs and their munshis.  A senior bar member confirmed that a number of complaints have been received by litigants for charging of extra fee by AORs munshis.

On the other hand, there are few senior AORs like Chaudhry Akhtar, who are highly regarded in the legal fraternity due to their integrity. Even a senior SC official fears that though there is zero corruption in the SC staff, money is being taken in their name by litigants.

He said the AOR should not be allowed to engage more than one munshi in SC premises.

The PBC members Kamran Murtaza and Raheel Kamran Sheikh said the SC rules should be amended for ending the AOR system in the apex court, adding that it is duty of state to provide inexpensive and expeditious justice to the citizens under Article 37 d of the constitution

The superior bar members also feel that there is a need to regularise the system of charging fee by the lawyers. Raheel said only a few per cent lawyers are involved in most of the litigation in the country and they are charging in millions of rupees, which is unjustified.

 

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