Top PBC panel proposes disciplinary action against law minister

Faorgh Naseem's failure to get licence to practice suspended within one month


Hasnaat Maik October 10, 2019
Federal Law and Justice Minister Farogh Naseem. Photo: AFP

A rift between independent lawyers group (Asma Group) and Law Minister Dr Farogh Naseem intensified on Wednesday as the Pakistan Bar Council (PBC) Executive Committee, dominated by the Asma Group proposed disciplinary action against the law minister over “professional misconduct”.

A six-member PBC committee led by its chairman, Hafiz Idrees, had given a show-cause notice to the law minister, which said 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 had 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”.

The committee, while issuing the notice, noted 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 had committed professional misconduct.

The PBC asked the law minister why the matter might not be referred to the PBC’s disciplinary committee – headed by Supreme Court judge Justice Umar Ata Bandial – for appropriate action in accordance with the law.

In view of the show-cause notice, the law minister had given his reply, challenging the PBC committee’s proceedings against him. He stated that the apex court had already rejected a constitution petition on the subject. Likewise, the minister contended that attorney general for Pakistan had also given the order in his favour.

After considering the minister’s reply, the PBC executive committee has found that he is involved in “professional misconduct; therefore, the matter has been referred to the disciplinary committee for appropriate action” against him.

Meanwhile, the Asma Group alleged that the Pakistan Tehreek-e-Insaf (PTI) led federal government was involved in “pre-poll rigging” in the upcoming Supreme Court Bar Association (SCBA) election, which is scheduled in the last week of this month.

PBC Vice Chairman Syed Amjad Shah, a key member of the Asma Group, issued a statement, saying that a major reshuffle of the federal law officers had been carried out through a notification appointing a good number of advocates as additional, deputy and assistant attorney generals, by removing previously serving law officers.

The PBC vice-chairman believed that the reshuffle was based on mala fide intentions to influence the upcoming SCBA election. It is also alleged that Deputy Attorney General Nayyab Gardezi had been de-notified because he refused to support the presidential candidate backed by the law minister.

The Asma Group has fielded Syed Qulbi Hassan as its candidate for the president of the SCBA, while its rival, the Professional Lawyers Group, has nominated Shoaib Shaheen as its presidential candidate in the election.

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