Attorney general suspends order seeking law minister's removal from PBC
Council's June 12 order terms Naseem's role in filing references against Isa, Agha 'condemnable'
Law Minister Farogh Naseem. Photo:AFP
ISLAMABAD :
Pakistan Bar Council (PBC) Chairman Anwar Mansoor Khan suspended the council's June 12 order suspending the bar membership of Law Minister Dr Farogh Naseem.
PBC chairman also serves as the attorney general of Pakistan (AGP).
The resolution underscored PBC's concerns about the presidential references filed against Justice Qazi Faez Isa and Sindh High Court judge KK 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] mala fide 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 added.
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 the law and as per the Constitution.
PBC forms committee on presidential reference
The PBC took serious notice of some unsuccessful attempts by the incumbent government to divide the legal fraternity and expressed its resolve that they 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 the 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 Supreme Court Bar Association (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.”
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PBC suspends membership of law minister
The PBC with a majority of 14 members suspended the membership of Law Minister Naseem.
However, the Hamid Khan Group members opposed this decision, saying the 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 the second provision of Rule 108-O and failure of Naseem to get his licence to practice suspended within one month, he has also committed a professional misconduct, therefore, a notice should 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 concluded that "the role played by the law minister in the filing of references against Justice Isa and Justice Agha in the SJC is highly condemnable as he is instrumental in hatching this conspiracy against the independent judiciary".
Pakistan Bar Council (PBC) Chairman Anwar Mansoor Khan suspended the council's June 12 order suspending the bar membership of Law Minister Dr Farogh Naseem.
PBC chairman also serves as the attorney general of Pakistan (AGP).
The resolution underscored PBC's concerns about the presidential references filed against Justice Qazi Faez Isa and Sindh High Court judge KK 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] mala fide 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 added.
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 the law and as per the Constitution.
PBC forms committee on presidential reference
The PBC took serious notice of some unsuccessful attempts by the incumbent government to divide the legal fraternity and expressed its resolve that they 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 the 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 Supreme Court Bar Association (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.”
AGP appoints and transfers 28 officer
PBC suspends membership of law minister
The PBC with a majority of 14 members suspended the membership of Law Minister Naseem.
However, the Hamid Khan Group members opposed this decision, saying the 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 the second provision of Rule 108-O and failure of Naseem to get his licence to practice suspended within one month, he has also committed a professional misconduct, therefore, a notice should 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 concluded that "the role played by the law minister in the filing of references against Justice Isa and Justice Agha in the SJC is highly condemnable as he is instrumental in hatching this conspiracy against the independent judiciary".