PBC to discuss CJP’s suo motu proceedings on July 28

PBC Chairman says legal community will never back superior judiciary to rule the country


Hasnaat Malik July 10, 2018
PHOTO: FILE

ISLAMABAD: The Pakistan Bar Council (PBC) is going to hold an important meeting on July 28 to discuss Chief Justice of Pakistan Saqib Nisar’s initiative to collect funds for the construction of dams.

PBC Executive Committee Chairman Shabir Shar said that the PBC has serious reservations over the on-going SC’s suo motu proceedings especially in the collection of funds for construction of dams. He said that it is not the jurisdiction of the court to involve in such matters and it seems that the court has taken over the executive powers, making it impossible for the superior bars to support it.

Shar said that the lawyers are also objecting over the CJP’s visits to hospitals and added that PBC has already passed unanimous resolutions urging the top court to structure the parameters of the suo motu.

The PBC chairman asked as to why the additional district and session judge of Larkana Gul Zameer Solangi has been consoled by sending him for a visit to China to attend the seminar of Asia Judges for two weeks. Earlier, the CJP visited Larkana district courts and admonished Judge Solangi during the court proceedings. Later the judge gave his resignation, which was not accepted.

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With regards to the CJP’s complaint that the lawyers did not support him to introduce judicial reforms, the PBC chairman said that the legal community is not reluctant to support him in legal reforms but they will never back the superior judiciary to rule the country.

Shar also alleged that the trial against Sharif family was not fair and they have strong reservations the way the apex court has monitored the accountability court’s proceedings, adding that the PBC will also review the whole Panamagate proceedings. “I am sure that judgment might have been different if the apex court did not supervise the trial proceedings”, he added.

PBC chairman denied that he is giving a strong reaction over the apex court’s order to summon former president Asif Ali Zardari in the money laundering case. Some of the lawyers said that the Pakistan People’s Party’s lawyers are office bearers of superior bars and will criticise the apex court for initiating of proceedings against Zardari.

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Similarly, serious debate is also going in Independent Lawyers Group, which is known as Asma Jahangir Group that they are not raising their voice over the present judiciary’s policy. However, it is learnt that Ahsan Bhoon is dominant in the group and he is fully supporting the CJP regarding his suo motu actions.

Earlier, the CJP while hearing a constitution petition regarding the judicial reforms lamented that he will have remorse for not putting his own house (judiciary) in order before leaving. He added that despite the requests to senior lawyers including bar representatives, no one gave recommendations to introduce judicial reforms for the dispensation of justice.

The CJP even called the PBC Vice Chairman Kamran Murtaza who was present in the courtroom to explain that what contributions he has made for the judicial reforms. Murtaza admitted that he could not properly assist the court in this matter.

The two-judge bench, headed by CJP was hearing petition moved by five young lawyers – Umer Gilani, Hadiya Aziz, Muhammad Haider Imtiaz, Attaullah Hakim Kundi and Raheel Ahmed – under Article 184(3) of the Constitution, making all registrars of high courts, the federal government, provincial governments and others respondents.

During the hearing, applicant Gilani highlighted numbers of superior courts judgments, wherein rules have been relaxed which is also a cause of delay in the disposal of cases. The bench noted that they are waiting for the feedback of the judge's committee to give its recommendation for the quick disposal of cases. The court also sought a reply from all respondents and adjourned the case till August 6.

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