Moral imperative: Lawyers boycott courts after promising not to strike
The strike was called to protest against police’s attitude in a member's case.
The strike was called to protest against police’s attitude in a member's case.. PHOTO:FILE
LAHORE:
Lawyers on Friday boycotted court proceedings a day after three lawyers’ bodies assured the Lahore High Court (LHC) that there would be no strikes called during court hours.
The boycott of proceedings at the LHC and lower courts was called by the Punjab Bar Council (PbBC) to protest against police’s alleged “non-cooperation” with one of its members, Mehar Qutbudin Tariq, after he was assaulted in Sahiwal on Friday.
Representatives of the PbBC, the Lahore High Court Bar Association (LHCBA) and the Lahore Bar Association (LBA) had appeared before Justice Syed Mansoor Ali Shah on Thursday and given verbal undertaking that they would not go on strike during court hours.
They had told the court that they believed strikes during court hours “impaired access to justice” which was a fundamental right of every litigant.
An LHC spokesman had issued a press release on behalf of Justice Shah praising the undertaking given by the representatives. The appreciation was published in several newspapers on Friday.
PbBC Executive Committee Chairman Chaudhry Tahir Nasrullah Warraich told The Express Tribune that the council had called for full day’s boycott of courts proceedings. He said it was impossible to end strikes entirely. “Recording their protest is a fundamental right of lawyers,” he said.
Warraich said an attack on a member of the bar was an “important matter.” He said the lawyers should continue to show solidarity with Tariq and to protest against police.
“Representatives of Pakistan Bar Council, all provincial bar councils and divisional bar councils have plans to curtail the strikes… according to that plan only lawyers of the area where such a problem occurs will stop work.”
Lahore High Court Bar Association (LHCBA) President Abid Saqi, who also gave the undertaking to stop lawyers’ strikes during court hours, condemned the attack on Mehar Qutbudin Tariq.
Talking to The Express Tribune, he said, “Tariq is an elected member of the bar… it is difficult to end the culture of lawyers’ strikes but it should end now… the judges are also with the lawyers in strikes… they, too, benefit from the boycotts.”
Advocate Javed Iqbal Jafree, who filed the petition against lawyers’ strikes, said lawyers had ignored the undertaking. “Morally the undertaking was binding on them even if the court had not issued any direction in this regard,” he said.
Jafree said the lawyers’ representatives had given a verbal undertaking. “The court had asked them to file a written undertaking at the next hearing.”
He said he would request the court to pass an order in this regard despite the written undertaking from the bars.
The court had directed the bars representatives to file written undertaking before the court on February 3, 2014. The court had also directed the Pakistan Bar Council vice chairman to appear in person at next hearing. It had also summoned the PbBC VC.
The petitioner had requested the court to ban lawyers’ boycott of court proceedings. The petitioner had submitted that the Supreme Court of India had banned lawyers’ boycott in 2003 and there had been no strikes since then.
Published in The Express Tribune, February 1st, 2014.
Lawyers on Friday boycotted court proceedings a day after three lawyers’ bodies assured the Lahore High Court (LHC) that there would be no strikes called during court hours.
The boycott of proceedings at the LHC and lower courts was called by the Punjab Bar Council (PbBC) to protest against police’s alleged “non-cooperation” with one of its members, Mehar Qutbudin Tariq, after he was assaulted in Sahiwal on Friday.
Representatives of the PbBC, the Lahore High Court Bar Association (LHCBA) and the Lahore Bar Association (LBA) had appeared before Justice Syed Mansoor Ali Shah on Thursday and given verbal undertaking that they would not go on strike during court hours.
They had told the court that they believed strikes during court hours “impaired access to justice” which was a fundamental right of every litigant.
An LHC spokesman had issued a press release on behalf of Justice Shah praising the undertaking given by the representatives. The appreciation was published in several newspapers on Friday.
PbBC Executive Committee Chairman Chaudhry Tahir Nasrullah Warraich told The Express Tribune that the council had called for full day’s boycott of courts proceedings. He said it was impossible to end strikes entirely. “Recording their protest is a fundamental right of lawyers,” he said.
Warraich said an attack on a member of the bar was an “important matter.” He said the lawyers should continue to show solidarity with Tariq and to protest against police.
“Representatives of Pakistan Bar Council, all provincial bar councils and divisional bar councils have plans to curtail the strikes… according to that plan only lawyers of the area where such a problem occurs will stop work.”
Lahore High Court Bar Association (LHCBA) President Abid Saqi, who also gave the undertaking to stop lawyers’ strikes during court hours, condemned the attack on Mehar Qutbudin Tariq.
Talking to The Express Tribune, he said, “Tariq is an elected member of the bar… it is difficult to end the culture of lawyers’ strikes but it should end now… the judges are also with the lawyers in strikes… they, too, benefit from the boycotts.”
Advocate Javed Iqbal Jafree, who filed the petition against lawyers’ strikes, said lawyers had ignored the undertaking. “Morally the undertaking was binding on them even if the court had not issued any direction in this regard,” he said.
Jafree said the lawyers’ representatives had given a verbal undertaking. “The court had asked them to file a written undertaking at the next hearing.”
He said he would request the court to pass an order in this regard despite the written undertaking from the bars.
The court had directed the bars representatives to file written undertaking before the court on February 3, 2014. The court had also directed the Pakistan Bar Council vice chairman to appear in person at next hearing. It had also summoned the PbBC VC.
The petitioner had requested the court to ban lawyers’ boycott of court proceedings. The petitioner had submitted that the Supreme Court of India had banned lawyers’ boycott in 2003 and there had been no strikes since then.
Published in The Express Tribune, February 1st, 2014.