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December 11, 2001
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Tuesday
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Ramazan 25, 1422
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PBC not to appear before retiring CJ : Suo motu case termed inappropriate
By Rafaqat Ali
ISLAMABAD, Dec 10: Pakistan Bar Council, the apex body of legal practitioners, has decided not to appear before a bench of the Supreme Court headed by Chief Justice Irshad Hasan Khan on Jan 3, three days before his retirement.
The PBC has also asked all the provincial bar councils, Supreme Court bar association, high court bar associations and district bar associations not to appear before the chief justice on Jan 3 in the suo motu case of 2001 pertaining to directives for regulating the trials and appeals under the anti-terrorism laws.
At its 133rd meeting, the council was of the view that the exercise of suo motu jurisdiction by the chief justice, particularly at the time when he was retiring, was “not appropriate”.
“The invitation to the members of the legal fraternity on the pretext of assistance is an eye-wash,” it said.
The meeting presided over by H. Shakil Ahmad, vice-chairman of the PBC, on Saturday reviewed the situation prevailing in Pakistan and neighbouring countries. The council resolved that it had considered the letter issued by the Supreme Court registrar on Dec 3, requesting the PBC vice-chairman to appear before the apex court on Jan 3, 2002.
The meeting expressed that not only the PBC but other representative bodies, too, should not participate in such proceedings which, apparently, were not in accordance with the dictates of constitution, justice and fair play.
The council unanimously resolved that: i) no representative of the PBC would appear before the Supreme Court in suo motu No 5 of 2001, pursuant to the notice dated Dec 3, 2001 of the chief justice.
ii) All the provincial bar councils, Supreme Court bar association, high court bar associations and district bar associations be communicated the aforesaid views and decision of the PBC for information.
The meeting was attended by its members Chaudhry Mohammad Ashraf Wahalah, Hamid Khan, Hafiz Abdul Rehman Ansari, Mohammad Kazim Khan, Rasheed A. Razvi, Abul Inam, Abdul Haleem Pirzada, Qazi Mohammad Anwar, Mian Abbas Ahmad, and Malik Rab Nawaz Noon.
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