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Judges with pending references must not be part of SJC: lawyers

ISLAMABAD: Lawyers’ bodies have demanded that such members of the Supreme Judicial Council against whom references are pending before the SJC must be recalled from the council.

The demand was made in a resolution adopted by the Pakistan Bar Council (PBC), Supreme Court Bar Association (SCBA) and Islamabad Bar Council (IBC) at a convention held here on Saturday.

They urged the SJC to take up references pending against the judges of the superior courts according to their turn and not on a pick-and-choose basis.

The resolution urged the SJC to dismiss the presidential references filed by the government against Justice Qazi Faez Isa of the apex court and Justice K.K. Agha of the Sindh High Court (SHC).

Pro-government lawyers back SJC

The resolution claimed that the references against at least three judges of the SJC that is hearing Justice Isa’s and Justice Agha’s cases have been pending for several months. They asked these judges to recuse themselves from hearing of the presidential references.

Vice chairman of the Pakistan Bar Council (PBC) Syed Amjad Shah while addressing the lawyers claimed that three members of the SJC are facing references. He urged Chief Justice of Pakistan Justice Asif Saeed Khan Khosa to disassociate those judges from the SJC whose references are still pending.

Mr Shah said those who displease the powerful establishment are being removed even from constitutional posts.

SCBA President Amanullah Kanrani, speaking on the occasion, said that Justice Isa is the only judge of the Supreme Court from Balochistan. He said that removal of Justice Isa would be tantamount to injustice with the deprived province. Representatives of the Islamabad Bar Council, including vice chairman Haroonur Rashid, Javed Saleem Shorish, and lawyer leaders Ali Ahmed Kurd and others also spoke on the occasion.

Separately, pro-government lawyers also held a meeting in Islamabad and expressed solidarity with the SJC.

President of the Insaf Lawyers Forum (ILF), the legal wing of the ruling PTI, Shahid Nasim Gondal supported the presidential references against Justice Isa and Justice Agha and said that no one should be above the law.

He criticised the apex lawyers bodies like the PBC and SCBA for their criticism over the references. He said that some leaders do not want accountability of judges, therefore they are trying to make the process controversial. He claimed that these lawyers are following someone’s agenda instead of ensuring the rule of law in the country.

Strike in KP

Meanwhile, the lawyers’ community in Khyber Paktunkhwa observed a strike to protest filing of references against the two superior courts judges by the government. They demanded withdrawal of the references terming it an attack on independence of the judiciary.

Lawyers stayed away from courts on the call of the PBC, which had announced that a countrywide strike would be observed on Saturday. The Khyber Pakhtunkhwa Bar Council had also endorsed the strike call and had asked its members to not turn up before any court in the province.

Peshawar High Court Bar Association President Abdul Lateef Afridi said that the lawyers would follow every decision of PBC and the provincial bar councils in letter and spirit and would play their role for the rule of law and independence of the judiciary.

Published in Dawn, July 28th, 2019



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