It prayed the apex court to declare show-cause notices by the Pakistan Bar Council to its secretary and additional secretaries as blatantly illegal
ISLAMABAD: The Supreme Court Bar Association (SCBA) on Thursday requested the Supreme Court to declare as illegal and politically motivated, the show cause notices issued to it by Pakistan Bar Council (PBC).
Vice President Supreme Court Bar Association, Bushra Umer, Muqtedar Akhtar Shabbir and Malik Shakeel-ur-Rehman, Secretary and Additional Secretary, filed a petition in the apex court through Hamid Khan under Article 184(3) of the Constitution.
The SCBA made the secretary and chairman Executive Committee of the Pakistan Bar Council (PBC) respondents. It prayed the apex court to declare show-cause notices by the Pakistan Bar Council to its secretary and additional secretaries as blatantly illegal, arbitrary, mala fide, without jurisdiction, politically motivated, and in violation of the petitioners’ fundamental rights enshrined under articles 9, 10A, 17, 18, 19, 19A and 25, r/w Article 4 of the Constitution of Islamic Republic of Pakistan and set it aside.
It further prayed the apex court to declare that rule 125 and 175-B of the Legal Practitioners and Bar Council Rules 1976 is ultra vires of the Legal Practitioners and Bar Councils Act, 1973 and liable to be struck down besides restraining the respondents from interfering in the workings and jurisdiction of its vice president.
They submitted that the purported show cause notices and the action contemplated thereunder are violative of their fundamental rights and calculated to destroy the independence of the Bar and the judiciary.
They submitted that they have no faith in the independence of the respondents (PBC) to act in an unbiased and impartial manner adding that the current federal law minister is a member of the Pakistan Bar Council and is exerting his influence over the PBC to further the agenda of his political party. Given the fact that such political figures are members of the Pakistan Bar Council and have hijacked the PBC to further their political agenda, the petitioners have no confidence in the respondents’ ability to conduct themselves in an independent and fair manner.
They also held that it is also in violation of the petitioners’ fundamental rights as enshrined under articles 10A, 17, 18, 19, 19A and 25A r/w 4 under the Constitution. “Neither the vice president Supreme Court Bar Association nor its members are in any way subservient to or accountable to the secretary Pakistan Bar Council.
“The SCBA is an association of all the Supreme Court enrolled advocates, which serves as an independent and democratic forum ensuring equal and fair representation of all advocates Supreme Court,” the SCBA submitted.
The vice president SCBA, it said, is an autonomous and self-regulating body governed by the Supreme Court Bar Association of Pakistan Rules, 1989 (hereafter referred to as the Rules) and it is not the mandate of the secretary of Pakistan Bar Council to regulate and interfere with the internal affairs or its working, in any manner whatsoever, of the vice president of SCBA or issue show cause notices to its members.
“The petitioners are being targeted simply by virtue of being members of the Professional Group that contests elections against the group which has now captured the secretary of Pakistan Bar Council to further its own nefarious designs and in doing the same is harassing and victimizing the petitioners,” the SCBA submitted.
Meanwhile, the Pakistan Bar Council de-seated Muqtedir Akhtar Shabir and Malik Shakeel-ur-Rehman Khan, Secretary and Additional Secretary of the Supreme Court Bar Association (SCBAP), and Ms Hifza Bukhari, Finance Secretary, of the Supreme Court Bar Association, and has given the additional charge for the post/seat of Secretary, SCBAP to run day-to-day affairs of the Association for its smooth functioning. However, the seat/post of Additional Secretary, SCBAP, shall remain vacant. The decision was taken by the Executive Committee of the Pakistan Bar Council in its meeting.
According to a press release issued here, “For reasons to be recorded later, the committee unanimously decided that in spite of the notices specifically issued by the committee for their appearance in person but they did not bother to appear before the committee.”
It, however, said that the learned counsel of both also raised certain objections on the Show Cause Notices issued by the committee, which seems to be unreasonable and unsatisfactory.
“Therefore, keeping in view the hostile conduct and behaviour of both the office bearers of the Supreme Court Bar Association of Pakistan, they are hereby de-seated from their posts/seats of secretary and additional secretary of the Supreme Court Bar Association of Pakistan, respectively, with immediate effect and in the meanwhile, Ms Hifza Bukhari, Finance Secretary, Supreme Court Bar Association, has been given the additional charge for the post/seat of Secretary, SCBAP to run day-to-day affairs of the Association for its smooth functioning. However, the seat/post of additional secretary, SCBAP, shall remain vacant”, the PBC concluded.