ISLAMABAD - The Supreme Court of Pakistan Thursday dismissed a petition seeking declaration against the much-touted 26th proposed constitutional amendments, upon its withdrawal.
A three-member bench of the apex court headed by Chief Justice Qazi Faez Isa and comprising Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan conducted hearing of the joint petition of former President of Supreme Court Bar Association (SCBA) Abid Shahid Zuberi and five members of Pakistan Bar Council (PBC).
Onset of the hearing, senior advocate Hamid Khan, appearing on behalf of the petitioners, stated that they be allowed to withdraw the petitions. Upon that the Chief Justice questioned; “Were you [Hamid Khan] appointed a lawyer only to withdraw the application?”
“Abid Zubairi could have withdrawn the petition himself [...] five lawyers had filed the petition; they could have appeared before the court themselves to withdraw it,” he added.
The CJP Faez told Hamid Khan that two cases are before the bench one is the main petition, while the other is the appeal against the SC Registrar’s objections. The counsel then replied that he wanted to withdraw both of them.
Zuberi and five members of Pakistan Bar Council (PBC) on September 16 had filed the petition under Article 184(3) of Constitution.
The Balochistan Bar Council had also challenged the proposed Bill saying it is in complete violation of all the constitutional principles and is an attempt to destroy the independent judiciary and fundamental rights as guaranteed under the Constitution.
However, the Supreme Court Registrar Office on September 19 had returned the former SCBA president’s petition. It said that hypothetical questions are posed in the petition.
The Registrar Office order said that the petition has been filed under Article 184(3) of the constitution to challenge a document which has not yet attained the status of a law and it is stated to be a ‘proposed law’, not yet introduced in the parliament.
The order stated that the petitioners are advocates and members of Pakistan Bar Council whereas the Legal Practitioners and Bar Councils Act stipulates that the lawyers should not become parties.
It also said that if the petitioners have a grievance and want to be portrayed as members of the Pakistan Bar Council then they should first approach their respective bodies, i.e. Supreme Court Bar Association and the Pakistan Bar Council for authorizing them to represent these bodies.