August 5, 2021
The 234th meeting of the Pakistan Bar Council, was held today at 11:00 a.m., in Council’s Office, Supreme Court Building, Islamabad, with Mr. Khush Dil Khan, Vice-Chairman, Pakistan Bar Council, in the Chair.
2. The attendance of the meeting was as under:-
(1) Mr. Khush Dil Khan . . . . . . Vice-Chairman
(2) Mr. Muhammad Faheem Wali . . . . . . Chairman
(3) Mr. Munir Ahmad Khan Kakar . . . . . . Member
(4) Mr. Muhammad Tariq Afridi . . . . . . Member
(5) Syed Amjad Shah . . . . . . Member
(6) Mr. Muhammad Masood Chishti . . . . . . Member
(7) Ch. Tahir Nasrullah Warraich . . . . . . Member
(8) Mr. Muhammad Ahsan Bhoon . . . . . . Member
(9) Mr. Abid Saqi . . . . . . Member
(10) Mr. Azam Nazeer Tarar . . . . . . Member
(11) Syed Qalb-e-Hassan . . . . . . Member
(12) Mr. Hafeez-ur-Rehman Chaudhry. . . . . . Member
(13) Mirza Aziz Akbar Baig . . . . . . Member
(14) Mr. Shafqat Mehmood Chauhan . . . . . . Member
(15) Ch. Ishtiaq Ahmad Khan . . . . . . Member
(16) Mr. Farooq Hamid Naek . . . . . . Member
(17) Mr. Riazat Ali Sahar . . . . . . Member
(18) Mr. Shahab Sarki . . . . . . Member
3. The Pakistan Bar Council, apart from transacting other business of the Agenda, also approved the unanimous Resolution passed in Joint meeting of representatives of the Bar Councils and Bar Associations held on 04-08-2021, which is reproduced herein below:-
“It was jointly agreed and decided that the seniority principle should be adhered to in all appointments to the Supreme Court, now and in the future, in order to avoid arbitrariness and nepotism and the creation of bad blood and groupings within the judiciary. As such it was resolved to vigorously oppose the nomination of Mr. Justice Muhammad Ali Mazhar, being the 5th at the seniority list of Judges of the Sindh High Court, to the apex Court. The meeting also opposed the appointment of Ad-hoc Judges to the Supreme Court.
It was further resolved to address a letter and Resolution to the Parliamentary Committee, requesting them to refuse approval for nomination of Mr. Justice Muhammad Ali Mazhar, on grounds of violation of the seniority principle.
It was urged that the Judicial Commission must urgently frame transparent and objective criteria for the appointment of Judges in all Courts and should consistently follow the same.
It was resolved to request the Parliament and all Political Parties to repeal the 19th Amendment to the Constitution, as it has created a dis-balance amongst the various stake holders within the judicial system and made the Judiciary un-accountable.
It was resolved that the Bar Associations and Bar Councils shall not hold any reception or Dinner in honour of Mr. Justice Mushir Alam, (Member, Judicial Commission of Pakistan) who is presently going to retire.
It was demanded that an urgent meeting of the Judicial Commission be convened to consider and adopt the various proposed amendments suggested to the Judicial Commission of Pakistan Rules, by the Members of Judicial Commission representing different Bar Councils, which have been pending for a long time.
It was further demanded that Registrars for the Supreme Court and for the Provincial/Islamabad High Courts, should be appointed from amongst Judicial Officers/employees and not from the civil service.
It was resolved that Judges should not be re-appointed to any position, after their retirement, nor should they be granted any extension in service as that compromises their judicial independence.
It was further resolved that “All Pakistan Lawyers Convention” of Bar Associations and Bar Councils shall be held throughout Pakistan in relation to the above-matters.
It was further resolved that the Bar Associations and Bar Councils shall take all necessary actions to uphold the seniority principle and merit at all levels in the appointment of Judges including filing Petition before the Supreme Court of Pakistan.”
4. The Pakistan Bar Council also approved to recommend to the Supreme Judiciary to initiate proceedings before the Supreme Judicial Council, against all Judges, who are found unfit for elevation to the Supreme Court, on the ground of incompetency, integrity and misconduct, for the reasons that a Judge once found and declared unfit for elevation, would be equally unfit to serve at the High Court level in their respective Province.
5. It was also recommended that the cases already pending before the Supreme Judicial Council, should be taken up expeditiously i.e. on day to day basis and the Results/decisions thereof, should be sent to the Bar Councils
and be made public. It was also reiterated that in line with the consistent demand of the Pakistan Bar Council, a copy of every Complaint/Reference submitted before the Supreme Judicial Council against any of the Hon’ble Judge should be immediately transmitted to the Pakistan Bar Council.
6. The Council while approving the earlier decision of its Legal Education Committee for amendments of the relevant Rules, decided that the passing marks for the Law Graduates Assessment Test, are reduced from 50% to 45%, while enhancing the maximum chances available to the law graduate from existing 3 to 5.
7. The Council further approved the Resolution dated 28-07-2021, passed in circulation, taking serious notice of the acts of rowdyism, violence, use of abusive language, committed by any Advocate against any of the Hon’ble Judges anywhere in the Country, and resolved that such acts will not be tolerated in future and would be severely dealt with by pursuing legal action against them and licence of all those found guilty would be revoked forthwith.