Bar action against SCBA office bearers: SC issues notices to AGP, PBC

ISLAMABAD: The Supreme Court (SC) Friday issued notices to Attorney General for Pakistan (AGP) as well as Pakistan Bar Council (PBC) in a petition, filed by the Supreme Court Bar Association (SCBA).

A two-member SC bench comprising Justice Muhammad Ali Mazhar and Justice Ayesha A Malik heard the petition, challenging the show-cause notices issued to SCBA Secretary Muqtedir Akhtar Shabbir and Additional Secretary Malik Shakeelur Rehman.

The court adjourned the hearing until May 9 and issued notices to AG and the PBC besides asking the petitioner’s counsel to argue on the maintainability of the petition on the next date of hearing.

In its written order, issued on Friday, the court noted that SC Advocate Abid S Zuberi filed an unnumbered civil miscellaneous application, which showed that during the pendency of the petition, the PBC secretary and Executive Committee chairman had already de-seated the petitioners and sent the matter to the disciplinary committee of the PBC for further proceedings. The counsel referred to Rule 118 of the Pakistan Legal Practitioner & Bar Council Rules, 1976 and argued that under the niceties of the rule, the only competent authority was the disciplinary committee where a complaint, if any, against petitioners should have been filed to take cognizance and decide the matter as per the rules, which is applicable mutatis mutandis even in the cases where Pakistan Bar Council starts suo moto disciplinary proceedings against an advocate under Rule 125,” said the order. He argued that no specific rule or any section of law had been cited in the show-cause notices.

The court asked the counsel for the petitioners as to why the jurisdiction of the court under Article 184(3) of the Constitution was directly invoked rather than filing a writ petition in the high court under Article 199 of the Constitution? In response, Abid S Zubairi argued that certain dictums had been laid down by the court wherein invoking of the high court jurisdiction was not approved. In support of his contention, he relied on the cases reported as Muhammad Shoaib Shaheen and others vs. Pakistan Bar Council and others (PLD 2017 SC 231) and Syed Iqbal Hussain Shah Gillani vs. Pakistan Bar Council through Secretary, Supreme Court Bar and others (2021 SCMR 425),” says the order. The court also asked the counsel to satisfy it on the maintainability of the petition under Article 184(3) of the Constitution, which predominantly related to the question of public importance with reference to the enforcement of any of the fundamental rights conferred by Chapter 1 of Part-II of the Constitution on which he sought time to make submissions on the next date. “But right now it was contended that the reply to the show-cause notices were submitted but, without providing any opportunity of hearing, the drastic action of de-seating was taken which is a grave violation of Article 10-A of the Constitution and after passing illegal order of de-seating, the matter has been referred to disciplinary committee,” said the order. The counsel for the petitioners made a request that since the order of de-seating had not been implemented; therefore, its operation might be suspended on the imminent apprehension that if no restraining order was passed, the incumbent to the posts would take over the charge from the petitioners.

“As we have been informed that the order of de-seating has already been passed by the PBC with regard to the offices of the petitioners No 2 and 3, therefore at this Const P 12/23, 3 stage a mandatory form of injunction cannot be granted without notice to the other side,” said the written order.

However, subject to satisfying the maintainability of the constitutional petition, the court issued notices to the PBC as well as the AGP for May 9, 2023 at 1:00 p.m.

“Meanwhile, status quo is to be maintained,” says the order.