August 01, 2024

PRESS RELEASE

The 243rd meeting of the Pakistan Bar Council, was held today at 01:00 p.m., in Council’s Office, Supreme Court Building, Islamabad, with Mr. Mansoor Usman Awan, Attorney-General for Pakistan and Chairman, Pakistan Bar Council in the Chair.

The Pakistan Bar Council apart from transacting other business on its Agenda, has elected, un-opposed, Mr. Farooq Hamid Naek as its Vice-Chairman and Mr. Riazat Ali Sahar as Chairman, Executive Committee.

The Pakistan Bar Council, also unanimously passed the following

RESOLUTION No. 1

The Pakistan Bar Council resolved that there is trichotomy of powers in the Constitution of Islamic Republic of Pakistan. It is prerogative of Parliament to legislate laws, Judiciary to interpret laws and Executive to implement Laws. Preamble of Constitution of Islamic Republic of Pakistan provides that state shall exercise its authority only through chosen representatives of people. Parliamentarians being the chosen representatives of people have the authority to make laws in the best interest of Country.

The Pakistan Bar Council further resolved that Parliament having powers to make laws being the Supreme Constitutional institution and Pakistan Bar Council being cognizant of this irrefutable fact stands behind the Parliament.

The Pakistan Bar Council also resolved that all institutions should remain within their domain prescribed in the Constitution, otherwise, the Country and people will suffer.

RESOLUTION No. 2

The Punjab Government through Punjab Finance Act, 2024 has made amendments to the Court Fee Act, 1870 wherein has drastically increased the court fee from Rs.1 to Rs.100 and from Rs.2 to Rs.500. Similarly, the amendments to the Stamp Act, 1899 have raised the stamp duty from Rs.100 to Rs.300 and from Rs.1,200 to Rs.3,000.

The said substantial increase is not only cruel and unjustify but would also denies the access to justice to the poor litigants which is the fundamental right of the litigants/citizens of Pakistan as protected under the Constitution of Pakistan. Access to justice for all being command of the Constitution and recognized as inviolable right in terms of Article 9 of the Constitution that should not be made expensive.

The Superior Courts of the Country has time and again held that access to justice cannot be obstructed through the means of economic barriers.

The act of the Punjab Government to enhance the Court fee through the Finance Act, 2024 when the inflation is already so high which has impacted on the life of the citizens by taking the basic necessities away from them and this is certainly an attempt to undermine the fundamental right of citizen to access to justice which is condemnable.

Therefore, we demand immediate withdrawal of the said unjust and arbitrary amendments in the Court Fee Act and Stamp Duty Act.

RESOLUTION No. 3

The Pakistan Bar Council also decided that only Vice-Chairmen and Chairmen, Executive Committees of the Bar Councils are competent to issue press release or statement on behalf of the Bar Council and the press release or statement issued with signature of the Secretary and seal of the Bar Council would be official statement of the Bar Council.

SECRETARY