Reference against Justice Faez Isa, Justice KK Agha: PBC backs lawyers’ protest on June 14

ISLAMABAD: The Pakistan Bar Council (PBC), the apex body of the legal fraternity, on Wednesday suspended the law practicing licence of Federal Minister for Law and Justice Dr Farogh Nasim and demanded of him to resign from the Ministry for his instrumental role in filing of a reference against the judges of the superior judiciary.

The Council also approved the decision taken by the joint meeting of representatives of bar councils held on 8th and 9th June, 2019 in respect of observing protest day on 14th June by the legal fraternity throughout the country. It resolved that the advocates would wear black arm bands and will not appear in courts but maintained that they would remain peaceful and not resort to any violence as the lawyers firmly believed in the rule of Law.

The 226th meeting of the PBC was held here in the Supreme Court with Syed Amjad Shah, Vice-Chairman, in the chair. The meeting was also attended by Hafiz Muhammad Idrees, Chairman Executive Committee as well as its members.

The Council apart from transacting other business on its agenda, while passing different resolutions suspended the law practicing licence of Federal Minister for Law and Justice Dr Farogh Nasim and demanded of him to resign from the Ministry for his instrumental role in filing of a reference against the judges of the superior judiciary.

It observed that Muhammad Farogh 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, but has failed to do so and thus by operation of law his licence to practice stands suspended and further in view of suspension of licence to practice he also ceases to be a member of the Pakistan Bar Council.

The Council also decided that in view of second proviso of Rule 108-Oibid on failure of Muhammad Farogh Naseem, to get his licence to practice suspended within one month he has also committed a professional misconduct, therefore, a notice be issued to him to show cause as to why the matter may not be referred to Disciplinary Committee of the PBC for appropriate action in accordance with law.

“Federal Law Minister in filing of references against Justice Qazi Faez Isa, Judge, Supreme Court of Pakistan and Justice KK Agha, Judge, High Court of Sindh, in the Supreme Judicial Council, is highly condemnable as he is instrumental in hatching this conspiracy against the independent judiciary, hence the Council demanded his resignation forthwith”, the Council resolved.

Meanwhile, the Council showed its concern of an inappropriate and harsh language used by Amanullah Khan Kanrani, President Supreme Court Bar Association and disapproved 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 Council took these decisions by majority of 14 members while Muhammad Shoaib Shaheen, Abdul Sattar Khan, Muhammad Maqsood Buttar, Mian Muhammad Shafiq Bhandara, Muhammad Raheel Kamran Sheikh, Malik Ghulam Mustafa Kandwal, Rasheed A. Rizvi and Muhammad Aqil, learned members, opposed the said decisions.

The Council also unanimously nominated Akhtar Hussain, Senior Advocate, Supreme Court of Pakistan, as Member of the Judicial Commission of Pakistan to represent the Pakistan Bar Council, in terms of Article175-A of the Constitution for two years term.

Likewise, it expressed its serious concerns upon the references filed by the government against Justice Qazi Faez Isa and Justice KK Agha, Judge, High Court of Sindh, who are widely recognised and acknowledged as independent, upright and competent judges. “The move of filing the references by the government against both these judges smacks mala fide of the government”, it resolved, adding that the manner and haste shown in filing the references and their timing also raises eye brows in the legal fraternity hence it disapproved this move.

The Council hoped and expected that the Supreme Judicial Council would proceed with the matter purely in accordance with law and as per the Constitution. It also took serious notice of what it called some unsuccessful attempts of the incumbent government to divide the legal fraternity and expressed its resolve that the legal fraternity is united on this issue of vital importance.

Similarly, the council 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 Justice Qazi Faez Isa and Justice KK Agha.

The PBC also took serious note of the press statement issued by the 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.