The Pakistan Bar Council (PBC) has quashed the June 27 ruling of Attorney General Anwar Mansoor of suspending its show cause notice it issued to Law Minister Dr Farogh Naseem for filing references against two superior court judges.
The PBC had already decided in its meeting held in Quetta on June 30 that none of its members would appear before the AG on July 3 to explain why the show cause notice was issued to the sitting law minister, one of the members of the council who attended the meeting told Dawn.
The AG had issued a five-page notice to PBC secretary Mohammad Arshad and other members of the council, asking them to appear before him and explain reasons for issuing show cause notice to the law minister.
The AG had also postponed further proceedings against Dr Naseem by the PBC and had restrained the council — the supervisory body of the legal fraternity — from further considering the matter in its meeting of June 30.
The council in its June 30 decided that none of its members would appear before AG who summoned them for explanation
But putting up complete defiance to the AG’s directives, no PBC member appeared before the AG on July 3.
The PBC referred the matter of the law minister to its executive committee with a task to decide the matter within three weeks after affording complete opportunity of hearing to the minister.
PBC vice chairman Syed Amjad Shah, who presided over the June 30 meeting, had already taken the stand that by virtue of his office, the AG was not an appellate authority of the council, hence, he had no authority to suspend the order of the council.
On June 27, the AG who happens to be the ex-officio member of PBC, had suspended the show cause notice issued to the law minister under Rule 84(a) of the Pakistan Legal Practitioners and Bar Councils Rules, 1976 read with Section 12(8) of the Pakistan Legal Practitioners and Bar Councils Act, 1973. By virtue of his office, the AG acts as the PBC chairman.
The decision was taken by the AG on a June 26 petition, instituted by the law minister himself assailing the June 12 majority PBC resolution demanding the resignation of Dr Naseem for his alleged role in the filing of references against two superior court judges.
While deciding the matter, the AG in his order also observed that the June 26 application by the minister as well as the May 15 judgement of the Supreme Court had effectively decided the issue, hence the PBC resolution and show cause notice were mala fide and without jurisdiction.
In his petition, the applicant (Dr Naseem) recalled that the PBC in its meeting of June 12 had required to get his licence suspended under Rule 108-O of the Pakistan Legal Practitioners and Bar Council Rules, 1976.
Moreover, the council had also decided that in view of second proviso of Rule 108-O, the minister had also committed a professional misconduct for his failure to get his licence to practice suspended within one month.
The PBC in its resolution had issued a show cause notice to Dr Naseem to explain why the matter might not be referred to the PBC’s disciplinary committee for appropriate action in accordance with the law.
Earlier through the Sept 26, 2018 notification, the AG had held that on having taking the oath as the federal law minister, Dr Naseem will continue on the role of membership of PBC and he does not cease to be a member of the council.
Against this decision, the PBC had challenged the order before the Supreme Court, which was dismissed by the apex court on May 15 with an observation that it was unable to find how this court can entertain this petition more so when it does not involve the question of breach of any fundamental rights under Article 184(3) of the constitution.
