SCBA asked to bridge govt-opposition gap
The federal government on Friday approached the Supreme Court Bar Association (SCBA) to play a role in helping the government and opposition reach a consensus on amendments to the accountability law as well as electoral reforms.
Federal Information Minister Fawad Chaudhry told The Express Tribune that he had held a meeting with newly elected SCBA President Ahsan Bhoon.
“Instead of challenging amendments to the National Accountability Ordinance (NAO) 1999, I urged the SCBA president to provide a platform for evolving a consensus between the government and opposition on the matter and also electoral reforms,” he said.
The minister also urged the bar to play a constructive role and present its suggestions on both issues. Fawad and Bhoon have a cordial relationship for decades.
The SCBA president also said the association was ready to play a role for “consensus-based legislation” on the NAO and electoral reforms.
“It is a matter of concern that parliament isn’t playing an effective role in making laws,” Bhoon added.
“If the government will formally approach the SCBA, then we will form a committee on the matter.”
Legal experts say that superior bars can play an effective role in bridging the gap between the government and opposition parties.
Currently, the legal minds of each political party – PTI’s Ali Zafar, PML-N’s Azam Tarar, PPP’s Farooq H Naek, and Jamiat Ulema-e-Islam Pakistan’s (JUI-P) Kamran Murtaza -- are actively engaged in bar politics.
The newly elected executive body of the SCBA on Friday resolved to challenge the amendments to the NAO, 1999.
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The body, while categorically rejecting the series of amendments, termed them as "targeted victimisation through selective laws" to “satisfy malicious designs of the ruling elite”. They further resolved to challenge the amendments before the apex court.
The first meeting of the newly elected 24th executive committee of the SCBA was convened under the chairmanship of its president, Bhoon, wherein it unanimously passed resolutions.
First, it unanimously resolved and approved to abolish Article 175(A) of the Constitution. The body suggested re-establishing it with a "fresh provision" prepared in consultation with bar representatives so as to appoint "proficient judges" to expel all sorts of nepotism or discrimination and to eradicate the monopoly of notables.
It further unanimously resolved and approved to cautiously amend Article 184-3 of the Constitution by giving the "right of appeal" to aggrieved parties before a "new bench". Until the decision of the appeal, the original judgment should not be implemented in any manner whatsoever.
The SCBA also unanimously urged the top court to amend Supreme Court Rules, 1980, O.XXVI (Rule -6), providing the opportunity for a change of counsel in review petitions.
It further unanimously resolved that all the state institutions were well respected and dignified, though they must work in their defined parameters or domains as enshrined in the Constitution.
However, it noted, there was a dire need to dispel the overall growing impression of meddling by the "establishment" in state institutions.
It was further resolved to repel autocratic or oppressive designs and to support all democratic elements.
The panel also resolved to maintain harmonious relations between the bench and bar for the betterment of the institution, rule of law and independence of judiciary and expected the same from the other side. However, it decided to stay vigilant of irritant elements.
Furthermore, it also called upon the Supreme Court to review and improve the case management system for speedy dispensation of justice.
The panel unanimously resolved to hold a "stakeholder conference" inviting intellectual minds from all segments of society to address the current national and socio-political situation.