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Unfortunate that suo motu was taken in political matters: PBC

By Our Correspondent
March 29, 2023

ISLAMABAD: The Pakistan Bar Council (PBC) has expressed its serious concerns over polarisation in the Supreme Court and requested for the formation of a criteria for suo motu jurisdiction besides naming a committee for the constitution of benches just to keep harmony in the institution.

In a statement issued here on Tuesday, PBC Vice Chairman Haroon-ur-Rashid and Executive Committee Chairman Hassan Raza Pasha stated that the Council, as apex body in particular and representative of legal community in general, had always demanded that superior courts should never indulge in political affairs to keep the judiciary impartial to uphold the supremacy of the Constitution and rule of law in the country.

However, they said, the recent suo motu was taken in political matters which was not required particularly when the matter was sub judice before the two different high courts.

They said that the legal fraternity made an effort to eliminate the impression of polarisation and division and requested that criteria should be formed in respect of suo motu jurisdiction and a committee should be formed for the constitution of benches just to keep harmony in the institution. But the demand of legal community was not honored and as result thereof the institution of judiciary is suffering.

They further said that it is always a practice of the Supreme Court that whenever the matter is sub-judice before any high court, the Supreme Court does not interfere but unfortunately this practice has been ignored in some matters, particularly in a case of suo motu jurisdiction referred by two judges of Supreme Court in a service matter pertaining to transfer of CCPO, Lahore, which culminated in a dissenting judgment passed by the Supreme Court and lowered the dignity of judiciary.

They said that the PBC has great respect and honour for the judiciary and always believes that trust of the public at large should never be shaken in the institution, particularly in view of the latest judgment of the Supreme Court

It is a matter of concern that a full court, barring the two judges who recused to hear the matter, should hear the matter with regard to interpretation of Constitution just to save the country and the nation from the anarchic situation, they maintained. The council demanded that all political parties should avoid from character assassination of the superior judiciary judges; they should comment only on judgment not on judges to save the honour and prestige of the Supreme Court.