ISLAMABAD - The Pakistan Bar Council has approached the Supreme Court requesting it to issue orders for suspension of Federal Minister Dr Farogh Naseem’s membership of the council.

Vice-Chairman PBC Kamran Murtaza in the petition has made Attorney General for Pakistan (AGP) Anwar Mansoor Khan and Federal Minister for Law and Justice Dr Farogh Naseem respondents in his petition, filed under Article 184 (3). 

The petition stated that Naseem ceases to be a Member of PBC after becoming Federal Minister due to the provision of section 11C of the Legal Practitioners and Bar Councils Act, 1973.

It added that Naseem should have applied to PBC to have his certificate as an Advocate be suspended in terms of Rule 108-O of Pakistan Legal Practitioners & Bar Councils Rules 1976 after becoming a Federal Minister.

Naseem cannot be an Advocate and also be subject to the terms and conditions of service of the Government in view of Rule 175 of the 1976 Rules, the petition stated. 

“It will be a conflict of interest for an independent and self-governing body like Pakistan Bar Council, which is meant to be unassociated from the Government, to have a Federal Minister as a Member of this Council. 

Naseem became a Member of PBC from Sindh in elections held in December 2015.

While being a Member of the Council, he was appointed as Federal Minister for Law and Justice on August 20, 2018 by the government and accordingly he took oath of his office.

In view of section 11C of the Legal Practitioners & Bar Councils Act, 1973 and Rules 108-O and 175 of Pakistan Legal Practitioners & Bar Councils Rules 1976, the PBC Vice Chairman Kamran Murtaza wrote a note on September 11 to AGP Khan, who is also Chairman of PBC, to consider whether in view of the aforementioned provisions of law, Naseem ceases to be a Member of PBC.

He also wrote that in circumstances of cessation of Membership of Naseem, Muhammad Yasin Azad, being the unsuccessful candidate of 2015 elections has to be appointed as Member as provided under section 15 of the 1973 Act.

However, the Chairman responded that he Naseem cannot be deprived of his membership of PBC.

The petitioner stated that, after the response of AGP Khan, has no other option but to invoke the extraordinary jurisdiction of this Court under Article 184(3) of the Constitution.