Judge seeks action against abusive lawyers

Writes to IHC registrar, calls for proceedings against lawyers

ISLAMABAD: Days after lawyers in the district court allegedly misbehaved with a judge and then locked the courtroom announcing a boycott of her court, the rift has deepened after it emerged that the civil judge has written to the high court’s registrar seeking action against the lawyers.

Islamabad Kutchery-West Civil Judge Shaista Khan Kundi wrote to the Islamabad High Court (IHC) Registrar — a copy of which is available with The Express Tribune — that she had been assigned as the duty judge to hear urgent cases.

On Friday, she said that an application was presented before her by lawyer Shakeel Qaiser Malik seeking a correction in the verdict issued by Judge Sanam Bukhari in May 2018.

Kundi, though, passed it over, noting that case did not appear to be urgent.

“Learned counsel for application is seeking correction in judgement and decree dated May 23, 2018. No reason for urgency has been shown by learned counsel, therefore file be placed before the concerned judge for April 30, 2019,” read her adjournment order.

After passing the order, Kundi stated that Malik returned with Islamabad Bar Association General Secretary Yasir Shakeel Janjua who asked about the fate of the case. When he was told about the order, Kundi claimed that the lawyers started misbehaving with her.

The two left the court and returned minutes later with Islamabad Bar President Khanzada and dozens of lawyers who allegedly started using unethical language. Kundi said that she advised them not to use unethical language but this did not dissuade them.

“Such  language was used which I do not, as a female judge, wish to report in writing,” she wrote.

She added that the lawyers also allegedly tried to restrain her from her duties.

“President of the bar in very arrogant words said that ‘you should stop dictating order’ and also tried to influence my steno by preventing  him from taking dictation but neither I nor my steno succumbed to their pressure,” she said.

After completing her work, she inquired about the reason for the commotion.

“They responded in very negative language by stating that we will not let you sit in the court. They started dictating me to leave the rostrum to go to chambers,” Kundi stated, adding that the lawyers then locked the main door of the courtroom while using colourful language.

In her letter, she said that such behaviour was unbecoming of common folk, let alone educated lawyers.

“Their conduct was unethical, unwarranted and for all intent and purposes can be termed as highly condemnable requiring strict action in accordance with law against them,” she stated in the letter, adding that the lawyers violated their Code of Conduct and the Legal Practitioners and Bar Council Act.

She demanded the registrar to carry a strict action on the misconduct and unprofessional behaviour of the officials to “prevent this prestigious institution from being sabotaged through unethical conducts.”

Meanwhile, the Islamabad District Bar Association Secretary Raja Yasir Shakeel issued a notification on Friday in which he stated that they were boycotting Kundi’s court owing to her ill behaviour with lawyers.

The bar further demanded that she should be immediately removed from her position while the lawyers would no longer appear in her court.

The notice by the bar had been plastered at different locations in the Islamabad Kutchery.

Kundi, meanwhile, went on leave on Saturday. As a result, some 25 cases which she was supposed to hear, had to be adjourned.

Published in The Express Tribune, April 22^nd, 2019.