Commercial court plan opposed

Published December 17, 2005

LAHORE, Dec 16: The Lahore High Court Bar Association decided on Friday to hold a national convention of lawyers to oppose the establishment of a federal commercial court, saying it would be unconstitutional. “Lawyers are obliged to put up all possible resistance against the government move, which is aimed at further diluting the powers of the superior judiciary and giving certain important areas of litigation under its sway,” the association said.

The lawyers convention was decided while adopting a resolution that said by setting up the federal court the government sought to take commercial matters away from the jurisdiction of the high courts and give them directly under its administrative control with a definite ulterior motive.

The resolution, moved by Advocate Azam Nazir Tarar, was passed unanimously at a general meeting, chaired by LHCBA President Fakharunnisa Khokhar, castigated the move with the observation that it amounted to raising a parallel judicial system.

Advocates Ahmad Awais, Azam Tarar, Mian Asrarul Haq, Mian Jehangir and LHCBA secretary Shehram Sarwar Chaudhry said the proposed court would be in a flagrant violation of the Mehram Ali and Liaquat cases through which the Supreme Court had disapproved of the concept of special courts.

Such a court, they said, also contravened the constitution which did not provide for another judicial forum to be run parallel to the established judiciary.

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