ISLAMABAD: The executive committee of Pakistan Bar Council (PBC) adopted a strongly-worded resolution on Wednesday, expressing concern over what it called `excessive’ exercise by the Supreme Court of its contempt of court jurisdiction.
Other matters hotly debated at the meeting included the speculations doing the rounds these days about the extension in the tenure of the Supreme Court’s judges and frequent proceedings under the suo motu jurisdiction. The meeting supported the daylong strike observed by the Balochistan High Court Bar against the Judicial Council’s Aug 3 decision about the appointment of judges.
Presided over by chairman executive committee Mian Abbas Ahmad, the meeting was attended by PBC’s Vice Chairman Syed Qalbe Hassan, Supreme Court Bar Association president Mian Israrul Haq, Yasin Azad, Chaudhry Ramzan, Abrar Hassan and Ahsan Bhoon, all members of the executive committee.
Established under an Act of parliament, namely the Legal Practitioners and Bar Councils Act 1973, the PBC is the highest elected body of lawyers in the country which exercises general control and supervision over provincial bar councils besides regulating the affairs of legal profession and determining cases of professional misconduct against advocates.
Talking to Dawn, Mr Qalbe Hassan said the meeting had suggested avoiding frequent use of contempt of court cases by the superior judiciary, especially when it involves cases of political nature.
“It does not augur well for the dignity of the judiciary if the jurisdiction of contempt cases is used quite frequently,” the vice chairman said, adding that its too much use might end up discouraging the right to free expression…which was contrary to the constitutional guarantee under article 19.
The occasion for discussing the issue arose after the recent case of Pakistan Tehreek-i-Insaf chief Imran Khan, facing a contempt of court notice for criticising the role of judiciary in the May 11 elections soon after the Supreme Court’s judgment accepting a petition of PML-N to hold the presidential election on July 30. Mr Khan had censured the role of judiciary, though he clarified before the Supreme Court that his tirade by using the word ‘sharamnak’ (shameful) was actually aimed at the district judiciary associated with the conduct of general elections.
Referring to the suo motu issue, Mr Qalbe Hassan said that exercise of this jurisdiction always proved disadvantageous to the parties involved because they could not resort to any remedy otherwise available to them in the normal course.
“The Supreme Court being [the] final arbiter when takes up the matter on suo motu, there is no right of appeal left for the parties involved,” he pointed out, adding the jurisdiction should be exercised within the constraints of rules and limitations that should be made public for the knowledge of all the stakeholders, including judges, lawyers and petitioners.
“The prevailing practice of picking and choosing cases by the courts on their discretion should be discouraged,” he emphasised.
The meeting hinted at offering opposition “with full force” to any attempt aimed at granting extension in service to the superior court judges, Mr Qalbe Hassan said, adding that any extension would be in violation of the constitution.
According to Advocate Chaudhry Faisal Hussain, a petition seeking direction for adding a period of 22 months to the service of Chief Justice Iftikhar Muhammad Chaudhry – the period during which the chief justice could not perform his duties as a judge – had sparked controversy in the country.
Though the petition, he said, had been returned with some objections the controversy did not die since more petitions were filed in the Supreme Court later.
The chief justice during a recent media interaction himself had dispelled the impression that he would ever opt for the opportunity (for the extension of tenure) if given the chance.
The meeting supported the strike observed by the BHC Bar to register their protest over the Aug 3 decision of the Judicial Commission to appoint three additional judges in the Balochistan High Court.
“Such people are being appointed in the superior judiciary who do not command respect among the legal fraternity,” Mr Qalbe Hassan said.