PBC forms committee on presidential reference

Says filing of references against superior court judges smacks of ill intention

ISLAMABAD: The Pakistan Bar Council (PBC) has constituted a joint action committee of lawyers' representatives to decide future course of action with regard to the presidential reference against the Supreme Court's Justice Qazi Faez Isa and the Sindh High Court's Justice K K Agha.

The committee comprises chairman and vice chairman of the PBC executive committee, the Supreme Court Bar Association (SCBA) president and secretary, vice-chairmen of all provincial as well as Islamabad Bar Council (IBC), presidents of all the high court bar associations at principal seats as well as the High Court Bar Association Islamabad.

A meeting of the PBC's general house was held on Wednesday where 22 members belonging to both the Professional Lawyers Group and the Independent Lawyers Group passed a unanimous resolution.

The resolution said the PBC expresses its serious concerns about the references filed by the government against Justice Qazi Faez Is and the SHC judge K K Agha, who are widely recognised and acknowledged as independent upright and competent judges.

"The move of filing the references by the government against both these judges smacks [of] malafide of the government. The manner and haste shown in filing the references and their timing also raise eyebrows in the legal fraternity. Therefore, we disapprove this move," it said.

The apex body of lawyers said it expects that the Supreme Judicial Council (SJC) would not become a party to such designs of the government and would proceed with the matter purely in accordance with law and as per the Constitution.

The PBC also approved the decision taken by a joint meeting of bar representatives on June 8 and 9 in respect of observing protest day on June 14, 2019 [Friday] throughout the country.

On that day  lawyers will wear black armbands and will not appear in courts. They will, however, remain peaceful and not resort to any violence as the "lawyers firmly believe in the rule of law".

The PBC took serious notice of some unsuccessful attempts by the incumbent government to divide the legal fraternity and expressed its resolve that the legal fraternity would stand united on this issue.

The council also took serious note of a statement issued by former chief justice Iftikhar Chaudhry "who himself has lost the credibility" that he would lead the movement against filing of references.

"It is, therefore, clarified that elected bar bodies are duly functional and alive to the issue and have the fullest capacity to deal with the prevailing situation," he added. The PBC expressed its concern about the inappropriate and harsh language used by SCBA President Amanullah Khan Kanrani.

"Senior bar leaders are expected to use temperate language while addressing the media and are advised to take into confidence other elected colleagues within the bar bodies before taking any decision."

PBC suspends membership of law minister

The PBC with majority of 14 members suspended membership of Law Minister Dr Farogh Naseem.

However, Hamid Khan Group members opposed this decision, saying suspension of his membership is contempt of court. Recently, the apex court dismissed Independent Lawyers Group's petition against the law minister, they added.

The council observed that Naseem having joined federal cabinet as minister for law, was required to get his licence suspended under Rule 108-O of the Pakistan Legal Practitioners & Bar Councils Rules, 1976, but has failed to do so and thus by operation of law his licence to practice stands suspended and further in view of suspension of licence to practice he also ceases to be a member of the PBC.

It also decided that in view of second proviso of Rule 108-O ibid on failure of Farogh Naseem, to get his licence to practice suspended within one month, he has also committed a professional misconduct, therefore, a notice be issued to him to show cause as to why the matter may not be referred to the PBC's disciplinary committee for appropriate action in accordance with law.

The PBC with majority members also resolved that the role played by the law minister in filing of references against Justice Qazi Faez Isa and Justice K K Agha in the Supreme Judicial Council, is highly condemnable as he is instrumental in hatching this conspiracy against the independent judiciary.