RESOLUTION in 204th meeting of the PBC

RESOLUTION PASSED BY THE PAKISTAN BAR COUNCIL

IN ITS 204TH MEETING  HELD ON 31-01-2013 AT ISLAMABAD 

RESOLUTION

 

“Whereas the Pakistan Bar Council is the Premier Regulator governing the professional conduct of lawyers and the legal fraternity and under the law, the Pakistan Bar Council has also been given the responsibility to protect and safeguard the interests of the legal fraternity;

 

And whereas the Pakistan Bar Council has been informed that the National Accountability Bureau has filed a reference against a member of the legal fraternity, namely Mirza Mahmood Ahmad, Advocate, Supreme Court, in connection with services he has rendered for clients in his professional capacity;

 

And whereas the erux of the allegations that have been leveled against Mirza Mahmood Ahmad pertain to his professional conduct as a lawyer i.e. that he presented only academic facts before the Court in certain proceedings, and that it was a conflict of interest for him to represent companies on whose boards he sits as a director;

 

And whereas regardless of the legal validity or correctness of these allegations, Pakistan Bar Council, being the premier and sole regulator authorized to scrutinize the conduct of lawyers in their professional capacity, deems this act of filing a reference against Mirza Mahmood Ahmad for his professional conduct as a direct infringement of the Pakistan Bar Council’s jurisdiction.

 

And whereas it is noted that there is NAB law that remotely concerns these so called allegations against Mirza Mahmood Ahmad, ASC and therefore the Pakistan Bar Council considers this act of NAB as a deliberate attack and an ominous impediment on the freedom of the legal fraternity to represent their clients before various forums;

 

And whereas the legal fraternity believes that if no action is taken by the Pakistan Bar Council to prevent this abuse of power on part of NAB, lawyers around the country will not be able to perform their professional duties and fulfill the fiduciary duties owed to their clients.

 

Now therefore, it is unanimously resolved as under :-

 

That we unequivocally condemns the illegal, arbitrary and unconstitutional actions of NAB and consider that the filing of Reference against Mirza Mahmood Ahmad, ASC in respect of matters concerning his professional conduct is pure undue harassment and an ulterior attempt to deter him from performing his professional duties;

That we condemn this Reference as being an illegal, arbitrary and unconstitutional encroachment by NAB into matters which are within the exclusive jurisdiction of the Pakistan Bar Council.

 

That we resolve to take all steps necessary under the law to curb these patently illegal steps which constitute an attempt to suppress the independence and freedom of the legal fraternity;

 

That NAB must desist from continuing to pursue this illegal blatant harassment of Mirza Mahmood Ahmad, ASC and withdraw the reference in as much as it pertains to the professional conduct of the advocate which is a matter that is purely the jurisdiction of the Pakistan Bar Council. A copy of this resolution be forwarded to the Chairman NAB for prompt and necessary action.

 

It is further resolved that this matter be placed before the Executive Committee of the Pakistan Bar Council for any and all further action required to be undertaken in this regard.”

(Muhammad Arshed)

Secretary