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Thursday December 02, 2021

Will not accept judicial activism: Sindh Bar official

April 03, 2018

KARACHI: The legal fraternity on Monday expressed concern over the recent developments in the judiciary regarding taking up years long pending issue of the appointment of Justice Qazi Faez Isa and non-recommendation of senior judges of the Sindh High Court for elevation to the Supreme Court and termed such developments as a serious threat to the supremacy of the law and independence of the judiciary.

Addressing a joint press conference at the Sindh Bar Council, Sindh Bar Council Vice Chairman Salahuddin Gandapur, representatives of Sindh High Court, Karachi and Malir Bar Associations said the abrupt decision for taking up two-year-old pending case against the appointment of Supreme Court’s Judge Justice Qazi Faez Isa cast several doubts in the minds of the legal fraternity as well as the public as whether it is mere coincidence or an attempt by unseen forces to intimidate the independent judges of the superior courts. They ruled out accepting judicial activism.

They demanded that the principle of seniority should be followed during elevation of judges from high court to Supreme Court in the light of Al-Jihad trust case. They urged the "judiciary to make the house in order first instead of judicial activism" as litigants are facing hardships due to delay in pendency of their cases. They also expressed concern over fresh debate regarding the reversal of the 18th Amendment that represents a political consensus amongst all the democratic forces in all the provinces and said the 18th Amendment should not be disturbed as political forces will not accept such a decision.

They also criticised initiation of contempt of court proceedings against the lawyers and said the procedure against lawyers misconduct is prescribed under the Legal Practitioners and Bar Council Act and their cases be referred to disciplinary committee for action under the law. They also expressed concern over the appointment criteria of judicial officers for sub-ordinate courts and said the procedure of viva marks of candidates should be made transparent. They also supported the demand of the Islamabad and Lahore high court judges facing references before the Supreme Judicial Council, of open trial proceedings. They said "the lawyers are soldiers of the country instead of the Chief Justice of Pakistan, adding the lawyers are officers of the court" and will continue their struggle for the rule of the law, independent judiciary and supremacy of the Constitution.

The lawyers bodies announced that the Sindh Bar Council will hold lawyers convention on April 21 to discuss the such developments and demanded that all issues be resolved through constitutional mandate and in the light of judgments of the Supreme Court.