ISLAMABAD: Pakistan and provincial bar councils, associations have demanded recalling of interim order to suspend the proposed Supreme Court (Practice and Procedure) Bill, 2023 and expressed serious concern over the Supreme Court’s role in the prevailing serious political crises.
The representatives of Pakistan and all the Provincial Bar Councils, Supreme Court and High Court Bar Associations held a Conference at the PBC office in the Supreme Court building, here on Monday.
The Representative Conference announced to protest today (April 18) against the suspension of the Supreme Court (Practice and Procedure) Bill, 2023 by the Supreme Court, and to observe it as a “Black Day”.
The Representative Conference also took serious note of holding the so-called “Round Table Conference” by some of the politically-motivated and disgruntled elements of the Bar in Lahore with political motives.
It also took notice of the press conference by senior retired officers of the armed forces, who have claimed to be in agreement with the serving officers with political motives, saying such efforts will further accelerate the political crises and derail the entire constitutional process.
The Representative Conference appreciated the present government for withdrawing the curative review against Justice Qazi Faez Isa. “It has shown concern as no final order is being passed by the Chief Justice despite appearance of the Attorney General for Pakistan before the CJP in chambers to withdraw the review.”
The Representative Conference called upon the present government and the ruling political parties to hold “All Parties Conference” within the Parliament or outside the Parliament and resolve the political and constitutional issue and hold free, fair and transparent election 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.
Recalling the interim order suspending the proposed Supreme Court (Practice and Procedure) Bill, 2023, failing which the duly elected representatives of the Bar Councils and Bar Associations will be compelled to call upon the legal fraternity to launch a country-wide movement to protect the democratic and constitutional rights of the people and to start with lawyers conferences shall be held in capitals of the provinces.
Pakistan Bar Council will hold the lawyers’ convention, which will be hosted by Balochistan Bar Council, on May 29.
The conference said that for the last two decades, legal fraternity had been demanding continuously for amending the Supreme Court Rules, 1980, with respect to the Chief Justice of Pakistan’s power on frequently taking suo moto notices under Article 184(3) of the Constitution, which also includes the discretionary powers with regard to constitution of benches and fixation of cases in urgent matters, so also the right of litigants to change a counsel in review matters. The legal fraternity is also continuously demanding the right of appeal against the orders passed under Article 184(3) of the constitution as it also enshrined under the Islamic injunctions.
The legal fraternity consistently demanding the Supreme Court for carrying out the amendments in its rules with regard to CJP powers, fixation of cases, and constitution of benches, and on failure of the Supreme Court to amend the Rules, the legal fraternity has been appealing to the Parliament to frame the law in respect thereof, as provided under Article 191 of the Constitution.
The Representative Conference is of the considered view that the proposed ‘Supreme Court (Practice and Procedure) Act, 2023 is passed by the Parliament on the unanimous and consistent demand of the legal fraternity which the proposed act will serve the interest of the public, at large and shall advance the principle of independence of the judiciary.
The Representative Conference is also of the considered view that 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 the judges of the choice of the Chief Justice excluding the senior-most judges of the Supreme Court. Here it is also pertinent to mention that 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 appointment were made by violating the principal of seniority and without laying down any criteria by amending the rules of Judicial Commission of Pakistan, as being demanded for the last several years. Such order by the Supreme Court suspending the operation of proposed Supreme Court (Practice and Procedure) Act, 2023 will never be accepted by the legal fraternity.
The Representative Conference is of the considered opinion that political issues and crises are always to be resolved by the political parties by mutual deliberations and not through the court of law.
The Representative Conference also appealed to the Supreme Court to show restraint from accelerating the political crises by allowing time to the political forces to resolve the political issues.
Copyright Business Recorder, 2023
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