ISLAMABAD: Pakistan Bar Council and provincial Bar Councils requested the apex court to withdraw the restraining order against Supreme Court (Practice and Procedure) Act and not to suspend SC Review (Judgments and Orders) Act.
A joint meeting of vice-chairmen, chairmen Executive Committee, members Judicial Commission of Pakistan, of the Pakistan and Provincial/Islamabad Bar Councils was held on Wednesday at the PBC office, which was presided over by Haroonur Rashid, vice-chairman Pakistan Bar Council in the chair.
The meeting considered the “current confrontation between the Parliament and the Supreme Court of Pakistan on constitutional matters and other important issues” and decided unanimously. It resolved that Supreme Court (Practice and Procedure) Act, 2023, has been duly enacted by the Parliament while exercising its powers under Article 191 of the Constitution.
It said that the legal fraternity has struggled for this law for over two decades. It, therefore, resolved that Supreme Court may kindly withdraw the restraining order dated 13-04-2023.
The meeting demanded that the Supreme Court (Review of Judgements and Orders) Act, 2023, which is beneficial legislation to provide a remedy to common individual/general public and not for the elite class, should not be suspended in any manner whatsoever.
It strongly condemned the incident of 9th May 2023 episodes of violence and attacks on private and public/Army properties in different parts of the country.
The meeting demanded that Audio Leaks Commission should work independently, which shall present its report to the federal government as per the TORs mentioned in the notification, to verify all the audio leaks so that the public at large should know the truth and actual position about the audio leaks for their ultimate solution as per law of land.
It was urged that Lawyers Welfare and Protection Act, 2023 should be implemented practically and the government should communicate to all the inspector generals of provinces to incorporate in the FIRs with relevant provisions and the Federal Ministry of Law should also make its rules, with immediate effect so that the lawyers across the country are benefitted without any discrimination.
It was demanded that the elevation of judges in superior courts should be made on seniority/cum fitness/merit basis and rules of the Judicial Commission of Pakistan should be re-framed without any delay after consultation with relevant stakeholders individually and the Bar Councils.
It was further demanded that vacant seats of the Supreme Court should be filled by nomination from the Khyber-Pakhtunkhwa and other concerned provinces.
It was further resolved that civilians should not be tried in military courts. It demanded that Anti-Terrorist Courts should conclude their trial within seven days as they are availing all the facilities in this regard.
It also resolved that political parties should start a grand dialogue process to continue the democratic process in the country and the Pakistan Bar Council is ready to play a role as mediator/host.
The meeting condemned the target killing of Abdul Razaq Shar, advocate Supreme Court, from Quetta and decided that today (8th June), the lawyers throughout the country will observe a complete strike from all the Courts and no lawyer will appear in any court to show solidarity with his family and lawyers of Balochistan province.
It was further resolved that the next “All Pakistan Lawyers Convention” of Bar Councils and Bar Associations will be held in Peshawar in 3rd week of June 2023, in connection with the Supreme Court Practice and Procedure Act, 2023 and other matters (in continuation of series of earlier Convention at Quetta) as the Act has been enacted after the hectic efforts of Bar Councils and Bar Associations across the country to strengthen the superior judiciary.
Copyright Business Recorder, 2023
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