PBC ‘fractured’ over pre-emptive SC action on bill
ISLAMABAD: As the stand-off between the executive and judiciary over polls to Punjab Assembly and the bill clipping the chief justice’s powers intensifies, schisms have also started to appear within the ranks of the Pakistan Bar Council (PBC) — the top regulatory body of lawyers.
A splinter group of the council has distanced itself from the declaration issued on Monday saying that it was issued with malafide intent to hurt the independence of the judiciary and tarnish its dignity and prestige.
A one-page announcement signed by seven PBC members said the declaration was an attack on the independence of the judiciary and a defiance of the Constitution.
Supreme Court Bar Association Abid Shahid Zuberi, and other layers, including Shafqat Mehmood Chowhan, Chaudhry Ishtiaq Ahmed Khan, Munir Kakar, Tahir Faraz Abbasi, Shahab Sarki and Hafeezur Rehman Chaudhry were the signatories on Tuesday’s statement.
Splinter group of seven opposes earlier statement; terms it ‘mala fide’, intended to tarnish judiciary
Later, Mr Chaudhry issued a separate statement on the PBC letterhead saying that he always stood by the rule of law and the supremacy of the constitution.
“It is my view that the election should have been held within 90 days as mandated by Article 224 of the constitution,” he said, adding he always struggled for the independence of the judiciary while holding the bar’s office.
“I stand by all decisions of PBC and it is informed that I am with the independent group and will remain in this group in future also,” the statement said.
On Monday, a representative conference of the PBC threatened to launch a countrywide movement if the Supreme Court didn’t recall its April 13 order to suspend the proposed Supreme Court Practice and Procedure Act, 2023.
The statement was issued after a meeting of the representatives of all provincial bar councils, Supreme Court and High Court Bar Associations. The representatives urged the Supreme Court to show restraint and not become a party in the political crisis.
Talking to Dawn, PBC Executive Committee Chairman Hassan Raza Pasha said the signatories on Tuesday’s declaration had always opposed the council’s decisions.
In its defence, the splinter group said it stood with the judiciary and alleged that Monday’s declaration was the brainchild of a select group with an aim to advance the agenda of a particular political party.
The group said Monday’s statement was also silent on the constitutional obligation to hold elections within 90 days of the dissolution of an assembly.
According to them, “the so-called representative conference” and their view on the proposed bill was an attack on the independence of the judiciary, the supremacy of the Constitution and rule of law.
They claimed that only 18 out of 150 provincial bar councils participated in the meeting and it was wrong to say that it was a representative meeting of bar associations.They rejected the declaration and also the call by the PBC to observe black day on Tuesday. The group stressed upon all parties to shun differences and forge unity to work for the development and betterment of the country.
Published in Dawn, April 19th, 2023