SC urged to recall orders suspending act

The legal fraternity on Monday expressed "serious concern over the Supreme Court's role in the prevailing serious political crisis”, urging it to “recall the interim orders" suspending the proposed Supreme Court (Practice and Procedure) Act 2023.

They warned that the duly elected representatives of the bar councils and associations will be compelled to call upon the legal fraternity to launch a countrywide movement to protect the democratic and constitutional rights of the people if the apex courts fails to recall its interim orders.

According to a joint declaration issued after a meeting of representatives of Pakistan, provincial/Islamabad bar councils, high courts and Supreme Court bar associations, the legal fraternity “will mark April 18 (Tuesday) as a Black Day in protest against the suspension of the ‘Supreme Court Practice and Procedure Act, 2013’ by the Supreme Court of Pakistan”.

"For the last two decades the legal fraternity is continuously demanding for amendment in SC Rules, 1980, with respect to the exercise of powers by the Hon’ble Chief Justice of Pakistan on frequently taking Suo Motu notices under Article 184(3) of the Constitution, which also includes discretionary powers with regard to constitution of benches and fixation of cases in urgent matters" the statement read, adding that the legal fraternity had itself appealed "to parliament to frame the law as provided under Article 191 of the Constitution" in this regard after the SC had failed to do so itself.

"This Representative Conference is of the considered view that the proposed ‘Supreme Court Practice and Procedure Act, 2023’ is passed by parliament on the unanimous and consistent demand of the legal fraternity which will serve the interest of the public at large and shall advance the principal of independence of judiciary," it added.

The Representative Conference also considered the “filing of the Petition under Article 184(3) of the Constitution before the proposed Act comes into effect and passing of the interim Orders suspending the proposed Act by the bench of judges of the choice of Hon’ble Chief Justice excluding the senior most Judges of the Supreme Court”.

“The six judges in the bench are those whose appointments were always questioned by the legal fraternity and so also by the members of the Judicial Commission of Pakistan as the appointments were made by violating the principal of seniority and without laying down any criteria by amending the rules of the JCP, as being demanded for the last several years,” the joint declaration stated, adding that such orders of suspending the “act” would never be accepted by the legal fraternity.

In the same breath, they took "a serious note on the holding of the so-called 'Roundtable conference' by some of the politically motivated and disgruntled elements of the bar with political motives".

“This Representative Conference also takes serious note over the holding of a news conference by senior retired officers of the armed forces who have claimed to be in agreement with the serving officer with political motives, such efforts as it appears will lead to further accelerate the political crises and derail the entire constitutional process.”

The lawyers also threw their weight behind the government's request for the withdrawal of the curative review against Justice Qazi Faez Isa.

“This Representative Conference welcomes the step taken by the incumbent government with regard to withdrawal of the curative review against Hon’ble Justice Isa, Judge, Supreme Court, filed by the previous government and has shown its concern as no final order is being passed by the Hon’ble Chief justice despite the appearance of the learned attorney general for Pakistan to pursue the said withdrawal.”

The conference also called upon the incumbent government and the ruling political parties to hold an “All Parties Conference within parliament or outside” and “resolve the political and constitutional issue” and hold free, fair, and transparent “elections of the national and provincial assemblies at one time on the date to be agreed by all the political parties as per the mandate of the Constitution”.

The conference “is of the considered opinion that the political issues and crisis is always to be resolved by the political parties through mutual deliberations and not through court of law”.

The legal fraternity also appealed to the Supreme Court “to show restraint from accelerating the political crisis by allowing time to the political parties to resolve the political issues and by recalling the interim orders suspending the proposed ‘Act’.

They also announced that the Pakistan Bar Council will hold a convention, which will be hosted by the Balochistan Bar Council on May 6.