PBC asks SC to unblock suo motu law

ISLAMABAD:

The Pakistan Bar Council (PBC) has demanded that the Supreme Court withdraw its April 13 order to suspend the Supreme Court (Practice and Procedure) Act, 2023, a piece of legislation that aims at regulating the powers of the chief justice of Pakistan (CJP).

“The Supreme Court Practice and Procedure Act, 2023, has been duly enacted by the parliament while exercising its powers under Article 191 of the Constitution of the Islamic Republic of Pakistan…

“The same is the outcome of a struggle of two decades by the legal fraternity, therefore [the] Supreme Court may kindly withdraw the restraining order dated 13-04-2023,” said a PBC statement on Wednesday.

It said the Supreme Court (Review of Judgements and Orders) Act, 2023 gives the right of appeal to the aggrieved party and provides a remedy to a common individual/general public.

“[This law is] not for [the] elite class [and it] should also not be suspended in any manner whatsoever,” it added.

The PBC issued the statement after a joint meeting attended by the PBC chairman, vice chairman,  members of its executive committee and the Judicial Commission of Pakistan (JCP) as well as representatives of the provincial and Islamabad bar councils.

According to the statement, the meeting considered the current confrontation between the parliament and the Supreme Court of Pakistan on constitutional matters and other important issues.

It strongly condemned the incidents that unfolded on May 9 after the arrest of the Pakistan Tehreek-e-Insaf (PTI) chief in the shape of attacks on private and public properties including army installations in different parts of the country.

However, the PBC said, trials of civilians should not be held in military courts and  that the anti-terrorist courts should conclude trial of the people accused of vandalizing state properties on May 9 within 7 days as “they are availing all the facilities in this regard”.

It also demanded that the audio leaks commission should work independently and present its report to the federal government according to the terms of reference (ToRs) mentioned in its notification.

“[The commission should also] verify all the audio leaks so that the public at large should know the truth and actual position about the audio leaks for their ultimate solution as per law of land.

It also urged that the Lawyers Welfare and Protection Act, 2023 should be implemented practically and the government should communicate to all the provincial inspectors general police to incorporate it in the first information reports (FIR) with relevant provisions.

“The Federal Ministry of Law should also make its rules with immediate effect so that the lawyers across the country would benefit without any discrimination.”

The PBC demanded that elevation of judges to superior courts should be made on the basis of seniority/fitness/merit  and the rules of the JCP should be reframed without any delay after consultation with relevant stakeholders and the bar councils.

“Otherwise old method of elevation may be adopted or the Hon’ble Supreme Court may reconstitute the JCP while giving reasonable representation to the bar for meaningful consultation.”

It urged political parties to start a grand dialogue to continue democratic process in the country. “The PBC is ready to play the role of mediator/host,” it added.

The PBC also condemned the killing of Advocate Abdul Razzaq Shar and decided to observe a strike across the country on June 8 [today]. Shar was gunned down in Quetta on June 6.