ISLAMABAD: A representative conference of the Pakistan Bar Council (PBC) on Monday threatened to launch a countrywide movement if the Supreme Court failed to recall its April 13 suspension of the proposed Supreme Court Practice and Procedure Act 2023.

The gathering attended by the representatives of all the bar councils, including the Supreme Court and High Court Bar Associations, also appealed to the apex court to show restraint rather than becoming part of an accelerating political crisis and allow time to political forces to resolve the prevalent issues.

The meeting was held at the PBC offi­­ce inside the Supreme Court building.

The announcement was made by PBC vice chairman Haroonur Rashid, executive committee chairman Hassan Raza Pasha and former SCBA president Mohammad Ahsan Bhoon after the conference in which 49 members of different bar councils and associations participated, either physically or through video link.

Legal fraternity asks apex court to withdraw its April 13 suspension order forthwith; to observe ‘black day’ today

The conference announced that Tuesday (April 18) would be observed as ‘black day’ to protest suspension of the Supreme Court Practice and Procedure Act, 2023 and called an all Pakistan convention under the auspices of PBC, to be hosted by the Balochistan Bar Council, on April 29.

A resolution, adopted by the conference, questioned the filing of a petition under Article 184(3) even before the proposed act came into effect and passing of interim orders suspending the proposed law by a bench that was made of “choice” judges by excluding the senior most judges of the Supreme Court.

The conference highlighted that six judges in the bench were those whose appointments were always questioned by the legal fraternity as well as by members of the Judicial Commission of Pakistan (JCP) since these selections were made by violating the principal of seniority and without laying down any criteria by amending the rules of JCP, as being demanded for the last several years.

For the last two decades, the representative conference recalled, the legal fraternity has been seeking amendment to the Supreme Court Rules, 1980, with respect to the exercise of powers by the Chief Justice of Pakistan (CJP) on frequently taking suo motu notices under Article 184(3), which also include discretionary powers regarding constitution of benches and fixation of cases in urgent matters, so also the right of litigants to change a counsel in review matters.

A resolution adopted at the end of the conference highlighted that legal fraternity was also continuously demanding the right of appeal against the orders passed under Article 184(3) as it is enshrined in the Islamic injunctions.

The legal fraternity is consistently demanding the SC amend its rules and on failure to do so, the community has been appealing to parliament to frame the law in this respect.

The conference was of the considered view that the bill about amendments to the apex court procedure was passed by parliament on the unanimous and consistent demand of the legal fraternity, which proposes that the act will serve the interest of the public at large and advance the principal of independence of judiciary.

Besides, the conference took serious note of the holding of the so-called “round table conference” by some of the “politically motivated and disgruntled elements” of the Bar with political motives.

The resolution welcomed the withdrawal of the curative review against Justice Qazi Faez Isa, filed by the previous government but also showed its concern since no final order was being passed by the CJP despite appearance of Attorney General for Pakistan to pursue the withdrawal of the application.

Published in Dawn, April 18th, 2023