SCBA challenges PBC’s notices in SC

The dispute between the Supreme Court Bar Association (SCBA) and Pakistan Bar Council (PBC) has reached the Supreme Court.

SCBA President Abid Zuberi and Secretary Muqtedir Akhtar Shabbir have filed a petition in the top court.

The plea is against the show-cause notices issued by the PBC to SCBA President Zuberi and its secretary for violating the code of conduct.

The association pleaded that court should declare the show-cause notices null and void.

In its plea, the SCBA pointed out that Federal Law Minister Azam Nazeer Tarar was also a member of the PBC and claimed that he was exerting his influence over the council to further the agenda of his political party.

“Given the fact that such political figures are members of the [PBC] and have hijacked [it] in order to further their own political agenda, the petitioners have no confidence in the respondents’ ability to conduct themselves in an independent and fair manner; and the same is in violation of the petitioners’ fundamental rights as enshrined under Articles 10A, 17, 18, 19, 19A and 25A r/w 4 of the Constitution,: the petition read.

It claimed in the petition that the PBC was “favouring” the government and the show-cause notices were issued to the SCBA office-bearers on political grounds.

The SCBA maintained that the PBC’s show-cause notices were illegal, extrajudicial and contrary to fundamental right to freedom of speech and expression as enshrined under Article 19 the Constitution.

“The First Impugned SCN [show-cause notice] has been issued by the Respondent No 1 to the Petitioner No 2, who is the secretary of the Petitioner No 1, purportedly on the basis of a letter written by the Petitioner No 2 to the Respondent No 1 on 28.02.2023. The Second Impugned SCN has been issued by the Respondent No 1 to the Petitioner No 3 for issuing a letter dated 08.03.2023 to the Respondent No 1 regarding the enrollment process of advocates in the Supreme Court. That both the Impugned SCNs are blatantly illegal, arbitrary, mala fide and without jurisdiction and liable to be set aside,” the association explained in its plea.

The SCBA also claimed that its office-bearers were being targeted simply by virtue of being members of the Professional Group that contested elections against the other one, which had now “captured” the PBC to further “its own nefarious designs”.

“[They] are harassing and victimising the petitioners for merely fulfilling their obligations as members of the [SCBA],” the association contended.

The association has nominated the PBC and its Executive Committee as respondents in the petition.

The petition has been filed through Advocate Hamid Khan.

Later, matters turned further ugly when the PBC removed the SCBA secretary and Additional Secretary Shakeel-ur-Rehman from their posts.

It assigned the additional charge of the SCBA secretary to the association's Finance Secretary Hifza Bokhari.

In a statement, the PBC said the SCBA secretary and additional secretary had violated the Legal Practitioner and Bar Council Act.

It added that both individuals had not appeared before the PBC Executive Committee.

According to the decision of the Executive Committee, the secretary and additional secretary are being removed from their posts.

The post of the SCBA additional secretary will remain vacant for now.

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In a retaliatory move, the SCBA secretary suspended the executive committee membership of 10 of its officials -- for being close to the other group of lawyers -- and sent the matter to the general body meeting.

A notification issued by SCBA Secretary Muqtedir Akhtar Shabbir read that 10 members of the association's executive committee had been suspended including Hasan Raza Pasha, Amjad Shah, Riazat Ali Sahar, Tariq Afridi, Masood Chishti, Ahsan Bhoon and Qalbe Hasan Shah.

It has been alleged in the notification that the members, who had been suspended, illegally tried to overtake the SCBA.

“From the very beginning of the present term of 25th Executive Committee, the majority group of the Executive Committee of SCBA controlled by the PBC, have tried to sabotage the working of SCBA, upon the dictation of their leaders from the Independent Group and working against the principles of rule of law, supremacy of the Constitution, and resorted to create the division within the committee,” it read.

“These 10 members of the Executive Committee of SCBA, led by Muhammad Yousaf Mughal, Senior Vice President K-P, are actively acting against the welfare of the bar members and pursuing the agenda of the PBC,” it added.

“Furthermore, it has also been observed that these 10 members of the executive committee have been creating division within the committee. This is unacceptable and goes against the very essence of the association. The committee is meant to work together towards a common goal, and any attempts to create division can only harm the association’s objectives. These actions amount to gross misconduct,” the notification claimed.

Therefore, the notification continued that the membership of these 10 people had been suspended and referred to the general body meeting for its final approval.

The PBC is dominated by the Independent Group -- also known as the Asma Jahangir Group. This section is close to the current coalition government and supporting one section of judges and dismissed suo motu proceedings in the matter of elections.

The SCBA president and secretary belong to the Professional Lawyers Group -- also known as the Hamid Khan Group.

This section is known to be pro-PTI and the majority of its members are close to Chief Justice of Pakistan Umar Ata Bandial and his “like-minded” judges.