Senior advocates support the demand to establish Lahore High Court circuit benches in Faisalabad, Gujranwala, Sargodha, Dera Ghazi Khan and Sahiwal but reject violent protests. Lahore High Court, Rawalpindi bench's former president Sheikh Ahsanuddin while talking to Business Recorder stated that the bench in Faisalabad, D G Khan, Sargodha and Sahiwal can not be established without a constitutional amendment; protesters must realize that violence will not enable them to achieve their objectives and instead they must employ appropriate constitutional/political measures.
According to Article 198(3) of Constitution the Lahore High Court shall have a Bench each at Bahawalpur, Multan and Rawalpindi, while section 4 of this Article says; "Each of the High Courts may have Benches at such other places as the Governor may determine on the advice of the Cabinet and in consultation with the Chief Justice of the High Court."
Supreme Court Bar's former general secretary Aftab Ahmed Bajwa also rejected violence but said lawyers since 2013 have been demanding the establishment of circuit benches but political governments have paid no heed to lawyers' genuine demands.
He said according to the Constitution every citizen should get justice at his doorstep, adding in Khyber Pakhtunkhwa there are three circuit benches of the Peshawar High Court, while Punjab with a larger population than KP also has three benches, which is an injustice with the people of Punjab.
Since last month the lawyers have resorted to strikes including refusing to appear in courts of their respective divisions, severely affecting dispensation of justice. Some elements in the bar have resorted to violent protests, threatening and intimidating the district administration, damaging property and locking courtrooms.
The Punjab Bar Council has now joined these protests while announcing a strike in their support from 3rd December onwards, calling on lawyers all over Punjab not to appear in the courts to show solidarity and support.
LHC in its full court meeting held on 15th to 17th July, 2016 rejected the demand for establishment of new additional benches at Faisalabad, Gujranwala, Dera Ghazi Khan, Sargodha and Sahiwal Divisions. Former chairman Human Rights Committee PBC Mohammad Raheel Kamran Sheikh has challenged the decision of Lahore High Court in the apex court.
Sheikh stated that High Courts not only have constitutional jurisdiction, but are also courts of original, appellate and revisional jurisdiction, on both civil and criminal sides, therefore, access to the High Court is not a luxury for the litigants, but virtually a necessity.
He further submitted that for more than a decade, there has been a persistent demand by the District Bar Associations of Faisalabad, Gujranwala, Dera Ghazi Khan, Sargodha and Sahiwal for the establishment of new benches of the Lahore High Court.
For the lawyers and the litigants of these divisions access to justice is more expensive, less convenient and manifestly discriminatory compared to residents of Rawalpindi, Multan and Bahawalpur Divisions where permanent benches of Lahore High Court have been established since the year 1981.
"In order to file cases and attend hearing, litigants and their counsels from these Divisions have been burdened with travelling vast distances, cost of boarding or lodging and transportation, as well as loss of valuable time. In view of this the litigants engage advocates stationed at Lahore, Rawalpindi or Multan Divisions, where the benches are established at higher fees," he stated.
Sheikh further contended that the LHC full court decision on this important issue is manifestly arbitrary and discriminatory.
He said if the apex court does not intervene at this juncture, in exercise of powers conferred upon it by Article 184(3) of Constitution the loss may become irreparable and irreversible and may lead to aggravated use of violent means at the hand of the protesting lawyers or law enforcement agencies.
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