ISLAMABAD: The Pakistan Bar Council (PBC) resolved that the Parliament, being the supreme constitutional institution, has powers to make laws and the Council stands behind it.
The PBC, on Thursday, held meeting, to elect new vice-chairman, in the chair of Attorney-General for Pakistan and Chairman of the Council. Farooq Hamid Naek as its Vice-Chairman and Riazat Ali Sahar as chairman Executive Committee have been elected unopposed.
The meeting after the election of office-bearers passed three resolutions; that all institutions should remain within their domain prescribed in the constitution, otherwise, the country and people will suffer. It said that there is trichotomy of powers in the constitution. It is prerogative of Parliament to legislate laws, judiciary to interpret laws; and the executive to implement the laws.
It noted the preamble of constitution provides that state shall exercise its authority only through chosen representatives of people. The parliamentarians being the chosen representatives of people have the authority to make laws in the best interest of country.
The Council demanded immediate withdrawal of amendments made to the Court Fee Act, 1870, and Stamp Duty Act, 1899, saying these are unjust and arbitrary amendments.
The Punjab government through Punjab Finance Act, 2024 has made amendments to the Court Fee Act, 1870, wherein, has drastically increased the court fee from Re1 to Rs100 and from Rs2 to Rs500. Similarly, the amendments to the Stamp Act, 1899 have raised the stamp duty from Rs100 to Rs300 and from Rs1,200 to Rs3,000.
The PBC said substantial increase is not only cruel and unjustifiable but would also denies the access to justice to the poor litigants which is the fundamental right of the litigants/citizens of Pakistan as protected under the Constitution of Pakistan. Access to justice for all being command of the Constitution and recognized as inviolable right in terms of Article 9 of the Constitution that should not be made expensive.
It also said that the superior courts have time and again held that access to justice cannot be obstructed through the means of economic barriers.
The act of the Punjab government to enhance the court fee through the Finance Act, 2024 when the inflation is already so high will have impact on the life of the citizens by taking the basic necessities away from them and this is certainly an attempt to undermine the fundamental right of citizen to access to justice which is condemnable.
The PBC also decided that only Vice-Chairmen and Chairmen, Executive Committees of the Bar Councils are competent to issue press release or statement on behalf of the Bar Council and the press release or statement issued with signature of the secretary and seal of the Bar Council would be official statement of the Bar Council.
Copyright Business Recorder, 2024
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