September 9, 2021
RESOLUTION OF ALL PAKISTAN LAWYERS CONVENTION HELD AT ISLAMABAD ON 9TH SEPTEMBER, 2021.
This Convention is held under the auspices of the Pakistan Bar Council and the Supreme Court Bar Association and joined by representatives of all Provincial Bar Councils along with Islamabad Bar Council as well as the representatives of all High Court Bar Associations, District Bar Associations and Tehsil Bar Associations and jointly resolves and demands:
1. That there is a growing perception that the various affairs of the judiciary are not being conducted with the desired level of independence, impartiality and neutrality which has created a crisis of confidence in the judicial institution.
2. In this context, it is resolved that the Judicial Commission must strictly adhere to the seniority principle in Judicial appointments to the Supreme Court from the Provincial High Courts until such time as fair, transparent and objective criteria for appointment of Judges at all levels are framed in consultation with all stakeholders including the Bar and the appropriate amendments to the Judicial Commission Rules are made. Unless this is done, allegations of favouritism and pick & choose will continue to damage the image of the judiciary.
3. It is further resolved that the unfettered and unstructured exercise of discretion is a recipe for the abuse of power whether the same is exercised in relation to the appointment of Judges or constitution of benches, fixation of cases or initiation of suo moto proceedings and the same must be duly regulated through Rules and guidelines if public confidence in the apex Court is to be maintained.
4. This Convention also condemns the passage of the Amendment Bill by the National Assembly in relation to Section 5 (d) of the Legal Practitioners & Bar Councils Act, 1973, whereby members already appointed to various posts in the service of Pakistan on the basis of their legal experience have, despite such appointment, been provided a cover to continue as members of their respective Bar Councils and Associations and to enjoy voting rights and a right to be considered against all judicial and other legal posts and elevations which are otherwise reserved for practicing Lawyers. This has been done to bestow additional favours upon the blue-eyed ones of the Government and also to influence the electoral process and independence of the Bar Councils and Bar Associations.
5. It is further demanded that a Lawyers Protection Act be immediately passed by Parliament for the protection of Lawyers who are being frequently targeted and even murdered for performing their professional duties.
6. It is further resolved that Article 175(A) should be amended to reduce the Monopoly of Judges over the Judicial Commission and enhance the representation of other stake holders especially the Bar on the basis of parity.
7. The Government has proposed to make a law to control the media in the form of Pakistan Media Development Authority (PMDA), Act, to put a curb on their independence, this resolution demand immediate withdrawal of the same.
8. The Convention demands of the Parliament to undo the Judgment passed by Mr. Justice Musheer Alam, by which more than 17 thousand Employees had been declared jobless. It further demanded a ban on all forms of reappointments after retirement.
9. The Convention further adopts and affirms all the previous Resolutions passed in the earlier meetings and Conventions held on 4th August, 2021 in Islamabad, 21st August, 2021 in Karachi and 26th August, 2021 in Multan.
(KHUSH DIL KHAN)
Pakistan Bar Council Sd/-
(ABDUL LATIF AFRIDI)
Supreme Court Bar Association