Pakistan Bar Council has moved the apex court for suspension of PBC membership of Federal Minister for Law and Justice Dr Faroogh Naseem. The PBC on Saturday filed a constitutional petition under Article 184(3) of the Constitution and made Federal Minister for Law and Justice Dr Faroogh Naseem and Attorney General for Pakistan as respondents.
Faroogh Naseem became Member of Pakistan Bar Council (PBC) from Sindh in election held in December 2015. Later, he was appointed as federal minister for law and justice on 20-09-2018 and accordingly took oath of his office.
In view of Section 11C of Legal Practitioners and Bar Councils Act, 1973 and Rules 108-O and 175 of Pakistan Legal Practitioner and Bar Council Rules, 1976, the PBC on the instruction of its vice-chairman wrote a note to Dr Faroogh Naseem to consider whether in view of the Bar Council Act and Rules he ceased to be a member of the PBC.
The PBC said that respondent no. 2 (attorney general for Pakistan) in a letter to PBC held that Faroogh Naseem cannot be deprived of his membership of the Council. The PBC in view of the attorney general, who is chairman of the PBC, has no other option but to invoke the extraordinary jurisdiction of the apex court under Article 184(3) of Constitution as this is matter of public importance.
The PBC stated that Faroogh Naseem cannot stay as a member of Pakistan Bar Council in light of law laid down by the Supreme Court in the cases Federation vs Dr Mubashir Hassan and Zafar Mehmood Mughal vs Sajjad Akbar Abbasi.
Faroogh Naseem ceases to be member of Pakistan Bar Council after becoming federal minister under Section 11 C of the Legal Practitioners and Bar Council Act, 1973.
Faroogh Naseem should have applied to the PBC to have his certificate as an advocate be suspended in terms of Rule 108-O of Pakistan Legal Practitioners Act and Bar Councils Rules 1976 after becoming the federal minister. He cannot be an advocate in terms and conditions of Service Rules.
It will be a conflict of interest for an independent and self-governing body like Pakistan Bar Council, which is meant to be unassociated from the government, to have a federal minister as a member of this Council. The Pakistan Bar Council may not have a member who cannot appear before any court, including the Supreme Court as an advocate due to his portfolio of federal minister.