February 23, 2021
An emergent (requisitioned) 232nd meeting of the Pakistan Bar Council was held today at 11:30 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. Haroon-ur-Rashid . . . . . . Member
(5) Mr. Muhammad Tariq Afridi . . . . . . Member
(6) Syed Qalb-i-Hassan . . . . . . Member
(7) Mr. Hassan Raza Pasha . . . . . . Member
(8) Mr. Shafqat Mehmood Chauhan . . . . . . Member
(9) Ch. Ishtiaq Ahmad Khan . . . . . . Member
(10) Mr. Farooq Hamid Naek . . . . . . Member
(11) Mr. Riazat Ali Sahar . . . . . . Member
(12) Mr. Shahab Sarki . . . . . . Member
(13) Mr. Abid Shahid Zuberi . . . . . . Member
The Pakistan Bar Council unanimously resolved:-
(1) That an untowards incident took place on account of demolishing of the Chambers of Advocates at District Courts, Islamabad by CDA, without issuing a proper notice under the instructions through a letter written by the District & Sessions Judge, Islamabad for demolishing of only two Chambers. The CDA instead of demolishing two Chambers of the Lawyers demolished approximately 100 Chambers of the Advocates, resulting in great inconvenience and prejudice which also resulted in loss of books as well as briefs of clients. In such circumstances, the Hon’ble Chief Justice of Islamabad High Court vide letter dated
11-02-2021, addressed to Mr. Khush Dil Khan, Vice-Chairman, Pakistan Bar Council alleged storming of the High Court
on 08-02-2021, and acts of violence by alleged Advocates and called upon the Pakistan Bar Council and Islamabad Bar Council to hold every enrolled Advocate accountable who was allegedly involved in the aforesaid alleged incident.
(2) That Mr. Khush Dil Khan, Vice-Chairman, in reply to the aforesaid letter to the Hon’ble Chief Justice, Islamabad High Court vide letter dated 15-02-2021, assured that the Pakistan Bar Council shall take action against those responsible for the alleged actions in accordance with the Legal Practitioners and Bar Councils Act, 1973, which warrants a Reference from the concerned Court. The Vice-Chairman, Pakistan Bar Council assured fullest support of the Pakistan Bar Council to the Judiciary but emphasized that a meeting between the representatives of the Bar and the Hon’ble Chief Justice and Judges of the Islamabad High Court is necessary to resolve the issue in the interest of the Bench and the Bar.
(3) That instead of responding to the aforesaid letter of Mr. Khush Dil Khan, Vice-Chairman, Pakistan Bar Council, an order dated
18-02-2021, was passed in Complaint No. 01 of 2021 titled “Registrar, Islamabad High Court, Islamabad Versus Naseer Ahmed Kayani, Advocate & others” by full bench of the Islamabad High Court, Islamabad whereby it was directed for the issuance of notices to 21 enrolled Advocates who according to the Hon’ble Bench were allegedly involved in the incident and further directed the High Court and District Bar Associations to submit names of other enrolled Advocates who are known to them to the Registrar, Islamabad High Court within three days, allegedly involved in the alleged incident for action to be taken against them.
(4) That it is pertinent to mention here that at present about more than 8 Advocates including one female Advocate are in Central Prison Adyala, Rawalpindi and they are not being released purposely on bail as a policy matter, to their prejudice which is painful not only to the legal fraternity but also to the members of their family specially the young children of those Advocates.
(5) That in view of the foregoing, the emergent meeting of the Pakistan Bar Council has taken the following decisions:-
(i) FIRs against enrolled Advocates registered should be withdrawn on/or before 28-02-2021;
(ii) Contempt of Court notices issued to the enrolled Advocates should also be withdrawn on/or before 28-02-2021;
(iii) Disciplinary proceedings initiated or to be initiated against enrolled Advocates by High Court should also be withdrawn, as it is not within their domain. Disciplinary proceedings can only be initiated by the Pakistan Bar Council or the concerned Provincial/Islamabad Bar Council and not by the Court;
(iv) Order issued for further demolition of the lawyers Chambers of the District Katchery, F-8 Markaz, Islamabad be suspended/withdrawn immediately;
(v) As a matter of solidarity with the Members of the Islamabad Bar Council, High Court and District Bar Associations, Islamabad, the Pakistan Bar Council is announced a complete STRIKE CALL ON 25-02-2021, throughout Pakistan; and
(iv) In case of failure to meet the demand as enumerated on/or before 28-02-2021, the Pakistan Bar Council will convene a “LAWYERS REPRESENTATIVES CONVENTION” from all over Pakistan in the first week of March to define further line of action in consultation with all the stake holders.
(KHUSH DIL KHAN)