PBC seeks expeditious disposal of case against SHC CJ

The Pakistan Bar Council (PBC) has written a letter to the chief justice of Pakistan (CJP) for expeditious disposal of a case related to Sindh High Court Chief Justice Ahmed Ali Sheikh regarding his involvement in alleged illegal appointments of paralegal staff.

The letter was written by PBC Executive Committee Chairman Pir Muhammad Masood Chishti to outgoing CJP Gulzar Ahmed as well as incoming CJP Umar Ata Bandial through the SC registrar.
The letter said that in view of the PBC’s Executive Committee meeting on October 8, 2021, there are constitutional petitions pending adjudication before the Supreme Court regarding serious allegations of illegal appointments and some interlinked references under Article 209 of the Constitution pending before the Supreme Judicial Council against SHC CJ.

It is further submitted that a meeting was held on August 5, 2021 presided over by vice chairman in the presence of the executive committee chairman and other PBC members with representatives of all bar associations, wherein serious concerns were expressed about the “unsatisfactory performance of Justice Ahmed Ali Shaikh, CJ Sindh”.

The letter claimed that according to feedbacks during the meeting dated August 25, 2021 of the PBC’s Executive Committee, it was observed that the performance and conduct of Justice Ahmed Ali Sheikh did not amount to be satisfactory, whereas “he is holding the chair being the Provincial Head of the Judiciary of Province of Sindh for about last five years, therefore, proceedings of pending CPs as well as references under Article 209 of the Constitution (supra) may kindly be expedited and dealt with in the preview of law".

"Needless to reiterate that the bar councils will continue to support the rule of law and its stand for dispensation of justice, but it should never be misinterpreted by any individual for his undue support," the letter further said.

Lawyers division on SHC CJ

Legal bodies are divided on the elevation of SHC CJ to the Supreme Court on account of allegations levelled against him about illegal appointments of paralegal staff in the province. Newly elected PBC Vice Chairman Hafeezur Rehman Chaudhry said that a judge, who was facing the charges of misconduct or poor performance, specifically the SHC CJ, who through his registrar was facing serious allegations of appointments of paralegal staff in certain districts of Sindh, should not be considered for elevation to the SC until the cases against him were disposed of.

Soon after this statement, the SHC Bar Association (SHCBA) and the Karachi Bar Association (KBA) reacted strongly to the development. The SHCBA issued a resolution condemning the PBC vice chairman’s statement against the SHC CJ. It read that the SHCBA was of the firm view that the purported statement was the personal view of the vice chairman and not that of the PBC.

"The vice chairman is acting alone and the views expressed by him are entirely his personal. In its deliberations on January 21, 2022, the PBC members made no such statement(s) and the purported statement by the vice chairman is a gross abuse of the position he assumes and an abuse of the trust vested in him by the PBC,” it added.

Read SHC orders removal of illegal structure

Likewise, a PBC member was also considering to move a contempt petition against representatives who were issuing statements on a sub judice matter related to the SHC CJ. Another PBC Executive Committee member Muhammed Yousuf Laghari has written a letter to the PBC vice chairman, terming his statement against the SHC CJ a conspiracy as same was hatched against former chief justice of Pakistan Sajjad Ali Shah.

Laghari, who also belonged to the Independent Lawyers Group, stated that he had gone through the statement issued by him whereon the PBC had resolved to write a letter to the CJP, requesting him to decide the petition pending against SHC CJ Ahmed Ali Shaikh and till the decision of the petitions he shall not be elevated to Supreme Court.

“This statement is contrary to the stand taken by the PBC, Sindh Bar Counsel and High Court Bar Association whereby they have demanded the elevation of Ahmed Ali Shaikh as a judge of the Supreme Court being a senior judge,” the letter said. Laghari said that the statement was also contrary to the decision taken in the PBC meeting held on November 24, 2021, whereby the decision of executive committee was made on the request of PBC member Riazat Ali Sahar to write a letter to CJP against the SHC CJ.

Laghari said after deliberations on his objection in the meeting that it was not the domain of the executive committee to write a letter to the CJP against the SHC CJ and it was to be discussed in the PBC, it was decided that no action would be taken on the resolution of the executive committee.
"After long discussions, the matter was referred back to the executive committee for a fresh decision. As far as I know, no such meeting of the executive committee was held to reconsider the issue,” the letter said.

"I have gone through the agenda of the meeting held on January 21, 2022, there was no such item in the agenda to be considered. “I was on leave and in my absence the issue was considered and a resolution was passed to write a letter to the Supreme Court of Pakistan chief justice which is against the rules and business of the Pakistan Bar Council.

"I further point out that when the matter is sub judice before the Supreme Court, how the apex body of the legal fraternity can say that the judge has misbehaved with an advocate … further he has made illegal appointments whereas the Sindh High Court Bar Council declared that he is an honest and independent and competent judge."

"In decision made in respect of Rasheed A Rizvi which decision has not been challenged before any court and the Pakistan Bar Council has no domain to condemn such decision.” He said if resolutions against judges are passed in such a way then there are many complaints against some judges of the high court based on personal liking and disliking and the matter will not end here, it will open a Pandora’s Box.

“I feel that this is conspiracy which resembles the one hatched against Sajjad Ali Shah, the then chief justice of the Supreme Court of Pakistan. I feel it is my duty to submit my views to be placed on the record of the Pakistan Bar Council. “In the end, I adopt the stand of Sindh High Court Bar Association on this issue,” the letter said.