Joint meeting of Pakistan and Provincial/Islamabad Bar Councils held to discuss withdrawal of decision of NJPMC on sections 22A and 22B of Cr.PC

Karachi, March 19, 2019 (PPI-OT): Withdrawal of decision of National Judicial Policy Making Committee (NJPMC) regarding Sections 22A and 22B of the Criminal Procedure Code (Cr.PC) and acceptance of other demands of the legal fraternity. A joint meeting of Vice-Chairmen and other representatives of Pakistan and Provincial/Islamabad Bar Councils was held today at 11:00 a.m. in office of the Pakistan Bar Council, Supreme Court Building, Islamabad with Syed Amjad Shah, Vice-Chairman, Pakistan Bar Council in the Chair.

The attendance was as under:-

(1) Syed Amjad Shah, Vice-Chairman, Pakistan Bar Council

(2) Mr. Shah Nawaz Ismail Gujjar, Vice-Chairman, Punjab Bar Council

(3) Mr. Saeed Khan, Vice-Chairman, Khyber Pakhtunkhwa Bar Council

(4) Mr. Haq Nawaz Shangla, Chairman, Executive Committee, Khyber Pakhtunkhwa Bar Council

(5) Haji Attaullah Langove, Vice-Chairman, Balochistan Bar Council

(6) Mr. Rahib Khan Buledi, Chairman, Executive Committee, Balochistan Bar Council

(7) Mr. Haroon-ur-Rashid, Vice-Chairman, Islamabad Bar Council

(8) Mr. Manzoor Hamed Arain, Member, Sindh Bar Council

(9) Mr. Amanullah Yousafzai, Member, Sindh Bar Council

(10) Mr. Munir Hussain Bhatti, Member, Punjab Bar Council

(11) Mr. Noor Alam Khan, Member, Khyber Pakhtunkhwa Bar Council

(12) Mr. Azmat Ullah Chaudhry, Secretary, Supreme Court Bar Association

The joint meeting considered the prevailing situation arising out of the unrest among the legal fraternity on account of recent decision of the National Judicial Policy Making Committee (NJPMC) in respect of Sections 22A and 22B of the Criminal Procedure Code (Cr.PC) according to which instead of direct entertainment of applications of aggrieved persons by concerned police officials, they will have to approach and appear before the Superintendent of Police (SP) which amounts to further expansion of powers of Police which would not only leave the aggrieved persons at the mercy of Police but will also open another avenue of male-practice at the hands of Police.

(i) The Joint meeting recalled that immediate after the said decision of the National Judicial Policy Making Committee (NJPMC), the legal fraternity gave its sharp reaction and unanimously called upon the National Judicial Policy Making Committee (NJPMC) for forthwith withdrawal of said decision as per numerous press statements of the Bar Leaders and Resolutions of the Bar bodies. The Vice-Chairman of the Pakistan Bar Council, the apex regulatory body of the legal profession, as per his Press Statement issued on 15-03-2019, while severely criticizing the decision of the National Judicial Policy Making Committee (NJMPC) called upon for immediate reversal of the said decision and restoration of the previous practice as to entertainment of applications under Section 22A and 22B of the Criminal Procedure Code (Cr.P.C.), within a period of three days but it is a matter of regret that despite lapse of many days, the concerned quarters have not paid any heed to the unanimous demand of the Bar.

(ii) The Joint meeting also recalled that the demands of the Bar in respect of prescription of parameters regarding exercise of powers by the Hon’ble Supreme Court under Article 184(3) of the Constitution, effective enforcement of Article 209 of the Constitution for expeditious disposal of References against Judges of the Superior Courts filed with the Supreme Judicial Council; and filling of vacancies of Judges in the Superior as well sub-Ordinate Courts, have not been giving due consideration despite repeated demands of the Bar bodies.

(iii) The Joint meeting, therefore, after lengthy deliberations and endorsing the Resolutions/Press Statements of the Pakistan Bar Council, Provincial/Islamabad Bar Councils and numerous Bar bodies, resolved to:-

(a) Call upon all the Bar Associations throughout the Country to observe nation-wide Strike for two days i.e. on 20-03-2019 and 21-03-2019 for pressing the demand for reversal of the decision of the National Judicial Policy Making Committee (NJPMC) in respect of Sections 22A and 22B of the Criminal Procedure Code (Cr.P.C.) and restoration of the previous practice as to entertainment of applications under said Sections;

(b) Hold Lawyers Conventions at Provincial Capitals and at Federal Capital on the dates to be announced later, in case the demand of the legal fraternity for reversal of decision of the National Judicial Policy Making Committee (NJPMC) in respect of Sections 22A and 22B of the Criminal Procedure Code (Cr.P.C.), is not meet with;

(c) Demand the Supreme Court of Pakistan for prescription, at the earliest possible, the parameters for exercising its powers under Article 184(3) of the Constitution by way of amendments in the Supreme Court Rules, 1980, as earlier proposed by the Pakistan Bar Council;

(d) Make effective enforcement of Article 209 of the Constitution for meaningful accountability of Judges of superior Judiciary and expeditious disposal of References against Judges of the Superior Courts filed with the Supreme Judicial Council, at the earliest and further that the concerned Judge should be restrained from working as Judge till the Complaint/Reference against him, is decided.

(e) To fill in the vacancies of Judges lying in the Superior Courts as well as lower Courts, which definitely would help disposal of backlog of cases in different Courts.

The participants of the Joint meeting strongly condemned the act of a Judge of the NAB Court, Karachi as to filing of a Compliant/Reference against Mr. Naeem Qureshi, President, Karachi Bar Association to the High Court of Sindh only for the reason that Mr. Qureshi was persuading Members of the Bar for observing Strike on the call of the Karachi Bar Association. They also deplored the action of the High Court of Sindh for issuing directions, on the basis of said Complaint/Reference, for filing of FIR against Mr. Naeem Qureshi. They were of the view that abstracting office bearers and elected representatives of the Bar from discharging their responsibilities at the hand of the Judiciary, is highly deplorable and so requested the Hon’ble Chief Justice of High Court of Sindh for recalling his directions of filing FIR against President of the Karachi Bar Association.

For more information, contact:
Pakistan Bar Council
Supreme Court Building, Constitution Avenue, Islamabad, Pakistan
Tel: +92-51-9206805
Cell: +92-333-5117170
Email: info@pakistanbarcouncil.org
Website: www. pakistanbarcouncil.org

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