ISLAMABAD: The apex court has restrained the federal capital administration from demolition of lawyers’ chambers at the District Courts, Islamabad, till March 2nd. A three-judge bench, headed by Chief Justice Gulzar Ahmed, and comprising Justice Ijazul Ahsan, and Justice Sayyed Mazahar Ali Akbar Naqvi, on Friday, heard the writ petition of the Islamabad Bar Association (IBA) against the removal of their chambers.
The bench issued notice to the attorney general for Pakistan and the advocate general Islamabad High Court (IHC). The chief justice told the lawyers who had gathered around the rostrum not to try to influence the Court.
Justice Ijaz said three-storey chambers were constructed on a football ground. The chief justice said the lawyers consider the chambers their personal property, adding, the bar associations allot chambers to the lawyers on lease. He questioned who and under what law the bar associations are authorised to lease out the chambers.
The chief justice said the lawyers cannot construct chambers on public property. “No where in the country, the chambers were built on playgrounds.”
The counsel of the IBA said that nowhere in the country, courts have been set up in shops. The lawyers on February 8th ransacked IHC Chief Justice Athar Minallah’s chamber and chanted slogans against him and the Capital Development Authority after the demolition of their chambers at the Islamabad district courts in the F-8 sector.
The Islamabad police had registered an FIR against 300 lawyers who stormed the IHC building; however, 22 lawyers were named in the FIR under terrorism provisions. The IHC, on February 10th, issued contempt of court notices to 29 lawyers on account of their contemptuous acts for assaulting IHC CJ chambers.
The Anti-Terrorism Court on February 12th had rejected the post-arrest bail applications of four lawyers arrested for storming into the IHC on February 8th.
The bar councils and the associations all over Pakistan, on 25th February, observed a strike on the call of the Pakistan Bar Council (PBC).
The PBC has condemned the demolition of the lawyers’ chambers at the District Courts, Islamabad and registration of cases against them, and demanded that the FIRs against enrolled advocates registered should be withdrawn on/or before 28-02-2021. Contempt of court notices issued to the enrolled advocates should also be withdrawn on/or before 28-02-2021.
Disciplinary proceedings initiated or to be initiated against enrolled advocates by the High Court should also be withdrawn, as it is not within their domain.
Disciplinary proceedings can only be initiated by the PBC or the concerned provincial/Islamabad Bar Council, and not by the Court.
Order issued for further demolition of the lawyers’ chambers of the District Katchery, F-8 Markaz, Islamabad, be suspended/withdrawn immediately.
The PBC said in case of failure to meet the demand as enumerated on/or before 28-02-2021, the PBC will convene a “Lawyers Representatives Convention” from all over Pakistan in the first week of March to define further line of action in consultation with all the stakeholders.
The council in a statement, issued on February 23rd, said that an untoward incident took place on account of demolishing of the chambers of the advocates at the District Courts, Islamabad by the CDA, without issuing a proper notice under the instructions through a letter written by the District and Sessions Judge, Islamabad, for demolishing of only two chambers.
Copyright Business Recorder, 2021
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