CJP gives an earful to protesting lawyers

Capital administration restrained from demolishing chambers

ISLAMABAD:

The Supreme Court on Friday issued notices to the Attorney General of Pakistan, the Advocate General Islamabad and stopped the capital administration from demolishing lawyers' chambers at district courts Sector F-8 till the next hearing on March 2.

A three-member Supreme Court bench, comprising Chief Justice Gulzar Ahmed, Justice Ijazul Ahsan and Justice Syed Mazhar Ali Akbar Naqvi, heard the case on Friday filed by Islamabad Bar Association against the removal of chambers of advocates.

The chief justice remarked that lawyers should also respect the institution they represent. Supreme Court Bar President Advocate Latif Afridi, Advocates Hamid Khan and Shoaib Shaheen appeared in the court to pursue the appeal.

During the course of proceedings, the chief justice expressed displeasure over the gathering of a large number of lawyers around the rostrum and said that the court would not come under pressure through these actions.

"Once we were advocates as well but we never tried to pressurize the court," he added.

The chief justice advised the lawyers to respect the institution that they represent. Khan took the position that IHC had not heard the lawyers during the hearing of the case on which Justice Ejazul Haq commented that there were four hearings of the case in which Advocates Raja Inam Minhas, Raja Tahir Mehmood and Raja Yasir Shakeel appeared on behalf of the lawyers.

The CJP asked the lawyers what they wanted. Khan stated that proceedings should be stopped after the completion of the construction of the Judicial Complex.

Justice Ijaz inquired how three-storey chambers were constructed on a football ground. He remarked that it is a community plot. “How can the court allow it to be occupied?” he added.

He stated that the lawyers should not construct chambers at public places and asked them to build their own offices if they want to practice. He mentioned that there were video clips of lawyers where they were talking about the courts.

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The CJP maintained that after the formation of chambers, it is considered private property. “Islamabad Bar is involved in allotment of chambers, does the law allow for such occupation?” he questioned.

Shaheen replied that the land of the chambers is under the control of IHC.

The chief justice commented that lawyers should not compromise on their dignity. The way lawyers talk to the courts should also be reconsidered, he stated. “Although lawyers are part of the judiciary, what kind of language do lawyers use against the court?” he remarked.

Lawyers should work with understanding, intellect and consciousness, the CJP maintained.

“They should impose restrictions on themselves and respect the institution from which they belong,” he added.

Afridi said that the council is ready to sit with CDA and resolve the issue. “Lawyers have been sitting in these chambers for ten years so the response was more emotional,” he stated.

The CJP opined that if ten years have passed since the occupation of any land, does it become anyone's private property?

The chief justice said that the lawyers considered the chambers as their personal property after getting them on lease from the bar associations.

He asked who had given the power to the bar association to lease the chambers? There was no justification for the establishment of lawyers’ chambers on public land, he added.

The Supreme Court restrained the Islamabad administration from demolishing more chambers and directed that no further action be taken till the next hearing.

After the initial hearing of the case, the court stayed the demolition of lawyers' chambers till March 2.

On February 7, the Capital Development Authority's (CDA) enforcement team and police demolished the illegal chambers and a day later, a group of lawyers entered the IHC premises, angrily chanting slogans against the judiciary and the CDA.

On February 16, IHC ruled that the illegal chambers of lawyers built on a playground in Sector F-8 should also be demolished.