Pakistan Bar Council (PBC) on Wednesday issued a show-cause notice to Federal Minister for Law and Justice Muhammad Farogh Naseem for his inability to get his practicing license suspended within one month after joining the federal cabinet.
In a meeting presided over by PBC vice chairman Syed Amjad Shah, the Council also approved joint meeting of Bar Councils representatives proposal to observe 'protest day' on 14th June, throughout the country and said advocates will wear black arm bands and will not appear in courts. They will, however, remain peaceful and not resort to any violence of law.
The PBC by majority of 14 members said that Naseem having joined federal cabinet as Minister for Law & Justice, was required to get his licence suspended under Rule 108-O of the Pakistan Legal Practitioners & Bar Councils Rules, 1976, within one month but has failed to do so and thus by operation of law his licence to practice stand suspended and further in view of suspension of licence to practice he also ceases to be a member of PBC.
The Council said Naseem by not getting his licence suspended committed a professional misconduct, therefore, issued notice to him to Show Cause as to why the matter may not be referred to Disciplinary Committee of the Council for appropriate action in accordance with law.
The PBC also resolved that the role played by the Farogh Naseem in filing references against Justice Qazi Faez Essa, a judge of Supreme Court and Justice K.K. Agha, Judge, High Court of Sindh in the Supreme Judicial Council is highly condemnable as he is 'instrumental' in hatching this 'conspiracy' against independent judiciary, hence the Council demanded his resignation forthwith.
"The Pakistan Bar Council expressed serious concerns over the references against Justice Qazi Faez Essa and Justice K.K. Agha, who are widely recognized and acknowledged as independent upright and competent Judges.
The Pakistan Bar Council hope and expects that the Supreme Judicial Council would not become party to such designs of the government and would proceed with the matter purely in accordance with law and as per the Constitution.
The PBC also takes serious notice of some unsuccessful attempts of the incumbent government to divide the legal fraternity and expresses its resolve that the legal fraternity is united on this issue of vital importance.
It also constituted a Joint Action Committee comprising of the Vice-Chairman and Chairman, Executive Committee of the Pakistan Bar Council, President and Secretary of the Supreme Court Bar Association, Vice-Chairmen of all the Provincial/Islamabad Bar Councils, Presidents of all the High Court Bar Associations at Principal Seats as well as the High Court Bar Association, Islamabad, to take future course of action in the aftermath of filing of the References against the judges.
The PBC also took serious note of the press statement issued by former Chief Justice Iftikhar Muhammad Chaudhry "who himself has lost the credibility" that he would lead the movement against filing of references. It is, therefore, clarified that elected Bar bodies are duly functional and alive to the issue and have the fullest capacity to deal with the prevailing situation."
The Pakistan Bar Council showed its concern of an inappropriate and harsh language used by Amanullah Khan Kanrani, President, Supreme Court Bar Association, and disapprove the same. The Senior Bar leaders are expected to use temperate language while addressing the media and are advised to take into confidence other elected colleagues within the Bar bodies before taking any decision.
The Pakistan Bar Council unanimously nominated Akhtar Hussain, Advocate, Supreme Court of Pakistan, as Member of the Judicial Commission of Pakistan to represent the Pakistan Bar Council, in terms of Article 175-A of the Constitution for two years term.
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