For sake of democracy: Political parties should start dialogue process: PBC

By Sohail Khan
June 08, 2023

ISLAMABAD: The Pakistan Bar Council (PBC) on Wednesday resolved that political parties should start a grand dialogue process to continue democratic process in the country and the Pakistan Bar Council is ready to play its role as mediator/host. The demand was made during a joint meeting of vice-chairmen, chairmen, executive committee and members of Judicial Commission of Pakistan and provincial/Islamabad Bar Councils, held here in its office at the Supreme Court. The meeting, chaired by Haroon-ur-Rashid, Vice-Chairman, Pakistan Bar Council, considered the “current confrontation between Parliament and the Supreme Court of Pakistan on constitutional matters and other important issues and unanimously took decisions.” The gathering resolved that trial of civilians should not be made in military courts and also demanded that anti-terrorist courts should conclude their trial within 7 days as they are availing themselves of all the facilities in this regard. The meeting strongly condemned the incident of 9th May, 2023 episodes of violence and attacks on private and public/Army properties in different parts of the country.

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It was further resolved that the Supreme Court Practice and Procedure Act, 2023, has been duly enacted by parliament while exercising its powers under Article 191 of the Constitution of Islamic Republic of Pakistan, and the same is the outcome of struggle of two decades by legal fraternity. Therefore, the meeting resolved that Supreme Court of Pakistan may kindly withdraw the restraining order dated 13-04-2023. It was also resolved that the Supreme Court Review of Judgments and Orders Act, 2023, that is for the review by giving right of appeal to the aggrieved party which is beneficial legislation to provide a remedy to a common individual/general public and not for elite class, should also not be suspended in any manner whatsoever. The meeting further demanded that Audio Leaks Commission should work independently, which shall present its report to the federal government as per ToRs mentioned in notification, to 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. Similarly, it was urged that Lawyers Welfare and Protection Act, 2023 should be implemented practically and the government should communicate to all the inspector generals of provinces to incorporate in the FIRs with relevant provisions and Federal Ministry of Law should also made its rules, with immediate effect so that the lawyers across the country would be benefitted without any discrimination.

The meeting demanded that elevation of judges in superior courts should be made on seniority-cum-fitness/merit basis and rules of the Judicial Commission of Pakistan should be re-framed without any delay after consultation with relevant stakeholders individually and the bar councils, otherwise old method of elevation may be adopted or the Supreme Court reconstitute Judicial Commission of Pakistan while giving reasonable representation to the Bar for meaningful consultation. Likewise, it was further demanded that vacant seats of the Supreme Court should be filled by nomination from the provinces of Khyber Pakhtunkhwa and other provinces concerned. The meeting further resolved that political parties should start grand dialogue process to continue democratic process in the country and the Pakistan Bar Council is ready to play role as mediator/host. Similarly, the meeting also condemned the target killing of Abdul Razzaq Shar, Advocate, Supreme Court from Quetta the other day and decided that lawyers across the country will observe today (Thursday) complete strike from all the courts and no lawyer will appear in any court to show solidarity with his family and lawyers of Balochistan province.

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