ISLAMABAD: The Pakistan Bar Council (PBC) on Thursday elected unopposed former law minister Farooq H. Naek as vice chairman of the council as well as Riazat Ali Sahar as the Executive Committee chairman.

Soon after the election, which was held with Attorney General for Pakistan Mansoor Usman Awan in the chair as being the council’s head by virtue of his office, the bar also passed a resolution emphasising that all institutions should remain within their domains prescribed in the Constitution.

The PBC resolved that the Constitution envisages trichotomy of powers and it is the prerogative of the parliament to legislate laws, judiciary to interpret laws and executive to implement laws.

The resolution also said the Punjab government through the Punjab Finance Act, 2024, has made amendments to the Court Fee Act, 1870, wherein the fee has drastically been increased from Rs1 to Rs100 and from Rs2 to Rs500. Similarly, the amendments to the Stamp Act,1899, have raised the stamp duty from Rs100 to Rs300 and from Rs1,200 to Rs3,000.

Council’s resolution asks institutions to remain within their domains

The PBC resolution said that the substantial increase is not only cruel and unjustified, but it would also deny the poor litigants access to justice.

The resolution said that since access to justice for all is the command of the Constitution and recognised as an inviolable right in terms of Article 9 of the Constitution, therefore, it should not be made costlier.

The Punjab government’s step to enhance the court fee through the Finance Act, 2024, when the inflation is already high, has impacted the life of citizens by taking the basic necessities away from them, it added.

The move is certainly an attempt to undermine the fundamental right of citizens to access to justice, which is condemnable.

Therefore, the PBC demands an immediate withdrawal of the unjust and arbitrary amendments to the Court Fee Act and Stamp Duty Act, the resolution said.

The PBC also decided that only vice-chairmen and chairmen of the executive committees of the bar councils are competent to issue press releases or statements on behalf of the bar council.

The press releases or statements issued with the signature of the secretary and the seal of the bar council would be official statements of the bar council, the lawyers’ body said.

Meanwhile, in a statement issued late Thursday night, seven members of the Pakistan Bar Council disagreed with the resolution passed by the PBC.

The PBC members who disagreed with the resolution were: Shafqat Mehmood Chohaun, Abid Shahid Zuberi, Ishtiaq A. Khan, Shahab Sarki, Tahir Faraz Abbasi, Abid Saqi and Munir Ahmed Kakar.

Published in Dawn, August 2nd, 2024