Pakistan Case LawMian Dawood Advocate High Court, Lahore and others Versus Federation of Pakistan through Secretary, M/o Law and Justice, Islamabad and another
This matter concerns the ongoing proceedings initiated by petitions filed by legal practitioners regarding the independence of the judiciary and allegations of interference. Following a previous order, the Court reviewed proposals submitted by the five High Courts concerning the issues at hand. The Court also acknowledged the involvement of the Pakistan Bar Council and the Supreme Court Bar Association, noting that while the former has submitted proposals, the latter requires further time. The Court addressed numerous applications from various bar councils and associations seeking to be joined as parties, ruling that it would only entertain such applications to the extent of considering the proposals contained therein. To streamline the process, the Court encouraged these bodies to consolidate their submissions into a single document, though separate filings remain permissible. Furthermore, the Court directed the Attorney-General for Pakistan to submit proposals on behalf of the Federation and specifically mandated a formal response to the allegations raised in the letter of the six judges of the Islamabad High Court against the Federation or its agencies before the next hearing date.
- To what extent will the Court entertain applications from bar councils and associations seeking to be joined as parties in proceedings concerning judicial independence?
- Is the Federation required to submit a formal response to allegations raised by High Court judges against government agencies in the context of ongoing judicial proceedings?
- What is the procedural expectation for bar councils and associations regarding the submission of proposals to the Supreme Court?
ORDER
Pursuant to the order dated 3 April 2024 the five High Courts have submitted their respective proposals which were read out by the learned Attorney-General for Pakistan ('AG'). Proposals were also sought from the Pakistan Bar Council ('PBC') and the Supreme Court Bar Association ('SCBA'). PBC has submitted its proposals and the Vice President and Additional Secretary of SCBA state that since a meeting of the SCBA had not taken place they will be submitting their proposals before the next date of hearing.
2.Few petitions and a number of applications have been filed by other bar councils and bar associations seeking to be joined as parties to these proceedings. Others too have filed similar applications. However, we will only entertain the same to the extent of considering proposals made therein.
3.It would be appropriate and helpful if bar councils and bar associations come together and preferably file one document containing their proposals. However, if agreement cannot be reached amongst them they may file separate proposals.
4.If any bar council or association wants to obtain copies of the proposals submitted by the High Courts they may obtain the same from the office.
5.The learned AG may also submit proposals on behalf of the Federation. With regard to the allegations levelled in the letter of the six Hon'ble Judges of the Islamabad High Court against the Federation, or any agency under the Federal Government, responses thereto be submitted through the learned AG before the next date of hearing.
6.To come up on Tuesday, 7 May 2024 at 11.30 am
Judges on this bench
- Syed Mansoor Ali Shah1,049 judgments
- Musarrat Hilali351 judgments
- Jamal Khan Mandokhail620 judgments