In an emergency meeting, Executive Committee of the Pakistan Bar Council (PBC) disapproved of the Punjab Bar Council’s (PbBC) Executive Committee resolution against Supreme Court’s Justice Qazi Faez Isa, terming it ‘uncalled for’ and ‘against the independence of judiciary’.
Additionally, the committee, on the behalf of the legal fraternity, vowed to never support any move against supremacy of the Constitution and independence of the judiciary.
The Executive Committee of PBC met under the chairmanship of Hafiz Muhammad Idris Sheikh. The meeting was attended by its members Muhammad Ahsan Bhoon, Azam Nazeer Tarar and Muhammad Yousaf Laghari. PBC’s vice chairman Syed Amjad Shah and active member in bar politics Syed Qalb-i-Hassan attended the meeting on special invitation.
The Committee, after deliberations and due consideration, agreed with the motion and disapproved the Resolution passed by Executive Committee of the Punjab Bar Council on 20-04-2019.
The Committee observed that the issue of former Islamabad High Court (IHC) Judge Justice Shoukat Aziz, which had been decided by the Supreme Judicial Council (SJC), is the past and closed transaction whereas the comments passed qua decision handed down by Justice Qazi Faiz Isa that being the decision of the Supreme Court, is absolutely uncalled for.
The Committee also stated that Justice Qazi Faiz Isa is an upright and competent Judge of the apex Court who always discharged judicial functions without any fear and favour.
The above decision of PBC’s Executive Committee has also been appreciated and supported by the Bar Councils and Bar Associations comprising Vice-Chairmen and Chairmen, Executive Committees of Provincial and Islamabad Bar Councils and Presidents of High Court and District Bar Associations from different parts of the Country.
Senior lawyers believe that the PbBC’s executive committee move was made in a haste and most members were not taken into confidence over it. It might have been an attempt to satisfy certain quarters.
They questioned as to what made PbBC’s executive committee pass a resolution against a judge of Supreme Court who belongs to Balochistan.
They say that PbBC’s Executive Committee resolution is a deliberate move to divide the judiciary and create and environment against a judge before fixture of review petitions on Faizabad sit-in judgement, authored by Justice Isa wherein certain observations were passed regarding intelligence agencies.
It is pertinent to note that ministry of Defence in its review petition had contended that the judgment will adversely affect the morale of the armed forces and the directions to the Chiefs of Armed Forces of Pakistan to take action against personnel who violated oath are unenforceable.
“The direction to the Chiefs of the Armed Forces of Pakistan to take action ‘against the personnel under their command who are found to have violated their oath’ is vague and unenforceable,” the MoD’s review petition against top court’s February 6 of 2019 judgment on Faizabad sit-in case stated.
The ruling Pakistan Tehreek-e-Insaf (PTI) in its review petition also contended that the judgment on Faizabad Sit-in case is sufficient to invite the verdict of ‘professional misconduct’ against Justice Isa in terms of Article 209 of the Constitution.
However, the party later withdrew its petition and refilled another review petition with the request to expunge remarks against the party.
Additionally, the committee, on the behalf of the legal fraternity, vowed to never support any move against supremacy of the Constitution and independence of the judiciary.
The Executive Committee of PBC met under the chairmanship of Hafiz Muhammad Idris Sheikh. The meeting was attended by its members Muhammad Ahsan Bhoon, Azam Nazeer Tarar and Muhammad Yousaf Laghari. PBC’s vice chairman Syed Amjad Shah and active member in bar politics Syed Qalb-i-Hassan attended the meeting on special invitation.
The Committee, after deliberations and due consideration, agreed with the motion and disapproved the Resolution passed by Executive Committee of the Punjab Bar Council on 20-04-2019.
The Committee observed that the issue of former Islamabad High Court (IHC) Judge Justice Shoukat Aziz, which had been decided by the Supreme Judicial Council (SJC), is the past and closed transaction whereas the comments passed qua decision handed down by Justice Qazi Faiz Isa that being the decision of the Supreme Court, is absolutely uncalled for.
The Committee also stated that Justice Qazi Faiz Isa is an upright and competent Judge of the apex Court who always discharged judicial functions without any fear and favour.
The above decision of PBC’s Executive Committee has also been appreciated and supported by the Bar Councils and Bar Associations comprising Vice-Chairmen and Chairmen, Executive Committees of Provincial and Islamabad Bar Councils and Presidents of High Court and District Bar Associations from different parts of the Country.
Senior lawyers believe that the PbBC’s executive committee move was made in a haste and most members were not taken into confidence over it. It might have been an attempt to satisfy certain quarters.
They questioned as to what made PbBC’s executive committee pass a resolution against a judge of Supreme Court who belongs to Balochistan.
They say that PbBC’s Executive Committee resolution is a deliberate move to divide the judiciary and create and environment against a judge before fixture of review petitions on Faizabad sit-in judgement, authored by Justice Isa wherein certain observations were passed regarding intelligence agencies.
It is pertinent to note that ministry of Defence in its review petition had contended that the judgment will adversely affect the morale of the armed forces and the directions to the Chiefs of Armed Forces of Pakistan to take action against personnel who violated oath are unenforceable.
“The direction to the Chiefs of the Armed Forces of Pakistan to take action ‘against the personnel under their command who are found to have violated their oath’ is vague and unenforceable,” the MoD’s review petition against top court’s February 6 of 2019 judgment on Faizabad sit-in case stated.
The ruling Pakistan Tehreek-e-Insaf (PTI) in its review petition also contended that the judgment on Faizabad Sit-in case is sufficient to invite the verdict of ‘professional misconduct’ against Justice Isa in terms of Article 209 of the Constitution.
However, the party later withdrew its petition and refilled another review petition with the request to expunge remarks against the party.