Bench, bar tussle hampers LHC work

PBC announces extending strike all over province from Dec 13 to 17

ISLAMABAD:

The ongoing clash between the bench and bar over the three-month sentence awarded to the Punjab Bar Council member in a contempt matter regarding misbehaving with Lahore High Court Senior Puisne Judge Malik Shahzad Ahmad Khan is affecting the administration of justice for the last couple of weeks.

The PBC announced extending the strike all over the province from December 13 to 17.

It also announced a sit-in in front of the Supreme Court on December 15. However, it was being witnessed that the protest was being led by Professional Lawyers Group, which is known as the Hamid Khan Group, in Lahore.

On the other hand, Independent Lawyers Group, which is known as Asma Group, is adopting a reconciliatory approach in this matter.

Further, the lawyers of the Rawalpindi Division are expressing solidarity with Justice Malik Shahbaz Ahmad Khan as he is also a resident of the division.

Even the Professional Lawyers Group representatives in the Rawalpindi Division are backing the judge.

Now, the matter has landed in the Supreme Court as Justice Sardar Tariq Masood will hear the appeal in chamber today (Tuesday) over the registrar office objections on the petition filed by convicted lawyer Rana Muhammad Asif.

On December 2, Justice Shahzad awarded a three-month imprisonment to PBC member Rana Muhammad Asif, suspending his licence for six months over disrespecting as well as pressuring the court through other lawyers and halting its work.

The incident happened when advocate Asif, standing in Justice Malik Shahzad’s court, started to wear a gown and Justice Shahzad directed him to go outside and wear it.

Later, the lawyer uttered objectionable remarks before the bench. Interestingly, the judge convicted the lawyer on the same day.

He filed an intra-court appeal which was also rejected by the LHC division bench that the lawyer did not surrender before the police first.

Now, the LHC order is being challenged in the apex court.

Read more: Imran moves LHC against cipher audio leaks inquiry

Supreme Court Bar Association President Abid Zuberi, Hamid Khan and senior lawyers of the Professional Group are representing the petitioner.

The petition contended that the petitioner had been convicted and sentenced without adhering to clear instructions of the law in its letter and spirit.

It is also contended that there were contradictions in the show-cause notice and final order.

The petition also stated that the lawyer presented himself at the mercy of the LHC division bench but he was denied substantial justice for which the appeal in hand deserves acceptance so that justice could be delivered.

A lawyer, who is closely seeing the prevailing situation, believed that if there would be unity within the bench, there was no chance that the lawyer would be able to get relief.

Up till now, the bench was showing solidarity with its fellow judge.

Same was witnessed in the lawyers’ attack incident which happened in the Islamabad High Court a couple of years ago, when the bench had shown solidarity. Several lawyers were sent behind bars and they were compelled to be defensive.

However, in the Shair Zaman case, the apex court gave relief to the lawyers who were facing a tough time by the LHC led by then chief justice Syed Mansoor Ali Shah.

Whenever the bar elections come near, such incidents of lawyers’ rowdyism etc increases. The current issue was intensifying because annual elections of LHC Bar Association were very near.