Suspension of SC (Practice and Procedure) Bill 2023: Pakistan Bar marks black day against SC order today

ISLAMABAD: Pakistan Bar Council (PBC) on Monday vowed to protect the legislation made by Parliament and announced to observe today (Tuesday) as a black day against the order passed by the Supreme Court suspending the operation of the Supreme Court (Practice and Procedure) Act 2023.

In view of the present political and constitutional crisis and ongoing confrontation between different institutions of the country, the PBC had convened the All Pakistan Lawyers representatives conference of vice chairmen, the executive committee of the provincial as well as Islamabad Bar Council and representatives of the Supreme Court and high court bar associations on Monday.

After the conclusion of the conference, PBC Vice Chairman Haroon Ur Rashid and Executive Committee Chairman Hassan Raza Pasha issued a joint declaration. They announced that lawyers throughout the country will observe today (Tuesday) as Black Day against the order passed by the Supreme Court three-member bench, staying the legislation made by Parliament on Supreme Court (Practice and Procedure) Act 2023.

The conference appealed to the Supreme Court to show restraint from accelerating the political crisis by allowing time for the political forces to resolve the political issues. They also demanded recalling the interim orders suspending the proposed Supreme Court Practice and Procedure Bill 2023, failing which the elected representatives of the Bar councils and associations will be compelled to call upon the legal fraternity to launch a countrywide movement to protect the democratic and constitutional rights of the people and start with the lawyer's conference which will be held in capital cities of all the provinces.

It was resolved that conventions will be held by the Pakistan Bar Council to be hosted by Balochistan Bar Council on May 6. The conference also resolved that the proposed Supreme Court Practice and Procedure Bill 2023 was passed by Parliament on the unanimous and constant demand of the legal fraternity, saying that it will serve the interest of the public at large and will advance the principle of independence of the judiciary.

It was also resolved that filing of a 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 judges of the choice of the chief justice excluding the senior-most judges of the apex court.

The conference recalled that six judges in the bench were those whose appointments were always questioned by the legal fraternity and members of the Judicial Commission of Pakistan (JCP) as the appointment was made by violating the principle of seniority and without laying down any criteria by amending the JCP rules.

“Such orders by the Supreme Court suspending the operation of proposed SC Practice and Procedure Act 2023 will never be accepted by the legal fraternity”, the conference resolved. It also took a serious note on holding the so-called ‘Round Table Conference’ by some of the politically motivated and disgruntled elements of the bar with political motives.

The conference also took serious note of the holding of a press conference by senior retired officers of the armed forces who have claimed to be in agreement with the serving officer with political motives, such efforts as it appears will lead to further accelerate the political crises and derail the entire constitutional process.

The conference also called upon the present government and the ruling political parties to hold an all-parties conference within and outside Parliament and resolve the political constitutional issue and hold holding free, fair and transparent elections of the National Assembly and provincial assemblies at one time.