AG summoned over plea against rules for lawyers’ strike

PESHAWAR: The Peshawar High Court has summoned the attorney general for Pakistan and Pakistan Bar Council office-bearers over a petition against the rules, which allow the council to give a countrywide call for strike.

A bench consisting of Justice Roohul Amin Khan and Justice Wiqar Ahmad fixed Sept 15 for the next hearing into the case directing the attorney general, who is also the PBC chairman, along with the council’s vice-chairman and its executive committee’s chairman to appear before it to respond to the petition of lawyer Ali Azim Afridi.

The petitioner requested the court to declare Rule 175-E of the Pakistan Legal Practitioners and Bar Council Rules, 1976, in conflict with the Constitution.

Rule 175-E states: “No Bar Association or group of Bar Associations, any bar body or forum shall be authorized to give strike or protest call to members of legal fraternity at national level without prior approval of the Pakistan Bar Council.”

High court also asks PBC leaders to turn up for response

The petitioner also requested the court to declare as unconstitutional Rule 175-B to the extent of non-observance or defiance of decisions by lawyers pertaining to strike or protest call given by the PBC.

According to the rule, non-observance or defiance of decisions/instructions of the Pakistan Bar Council by any bar council or bar association or any member of the bar/advocate will be deemed to be a gross professional misconduct.

Mr Afridi prayed the court to direct the PBC not to prevent or cause hindrance for the petitioner, advocates and public appearing before courts.

The respondents in the petition are the federation of Pakistan through the federal law secretary, PBC through its vice-chairman, Khyber Pakhtunkhwa Bar Council through its vice-chairman, PHC Bar Association through its secretary general, PHC registrar, and KP law secretary.

The petitioner said the Constitution provided for access to justice, which was both a right in itself and the means of protecting and restoring other basic rights.

He said the Constitution safeguarded fundamental rights by allowing public to make recourse to Constitutional courts in case those guaranteed rights are put at stake, resulting from the introduction of any law or any custom or usage having the force of law.

Mr Afridi said the Legal Practitioners and Bar Councils Act, 1973, allowed the PBC to make rules within the meaning of Section 55 of the Act.

He said the right to access to justice was a fundamental right provided for by the Constitution and as such call of strike or protest at national level prevented lawyers from performing their duty and that, too, to the discredit of people of Pakistan.

The petitioner contended that it was the duty of the judiciary to examine the vires of legislation at the touchstone of the Constitution.

He said the law didn’t provide for action against a lawyer over non-observance or defiance of the instructions pertaining to the call of strike or protest issued by the PBC.

Mr Afridi said it was a settled matter that when a conflict between the Act and rules was irreconcilable, the rule would have to be declared ultra vires.

He said the law didn’t permit an individual to arrogate unto himself the roles of a complainant, prosecutor, judge and executioner.