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ISLAMABAD:
A sharp institutional confrontation has emerged within Pakistan’s legal community after the Balochistan Bar Council (BBC) formally accused the Pakistan Bar Council (PBC) of overstepping its legal mandate and protested “unlawful interference” in the provincial Bar Council’s internal affairs.
The dispute, which has escalated into a full-fledged regulatory clash, revolves around an order of the PBC Appellate Committee on January 14 upholding the uncontested election of the Quetta Bar Association.
The BBC maintains that the ruling circumvents statutory procedures, violates established legal norms and undermines the autonomy guaranteed to provincial bar councils under the Act.
The standoff entered a formal phase on Friday when the BBC secretary, on instructions from his vice-chairman, addressed a strongly worded letter to the chairman of the PBC Appeal Committee Balochistan, registering an official protest against the committee’s decision to directly notify the president and cabinet of the Quetta Bar Association.
It is learned that the BBC had earlier suspended the uncontested election by the Quetta Bar Association following which the aggrieved party approached the Appellate Committee of the PBC resulting in the impugned directive.
It should be noted that the BBC is run by the Professional Group known as Anti-Government.
On the other hand, the PBC is led by the Independent Group, which is known as pro-government.
The BBC has already protested the Judicial Commission of Pakistan’s (JCP) decision to drop Balochistan High Court Additional Judge Ayub Tareen because of his brother’s political affiliation.
The BBC, in its letter on Friday, said the PBC Appeal Committee’s ruling is without legal authority, without jurisdiction, ultra vires the Legal Practitioners & Bar Councils Act, 1973, and a clear intrusion into the exclusive statutory domain of the BBC.
“The power to supervise, regulate and notify elections and officers of Bar Associations rests solely and exclusively with the Provincial Bar Council. The Appellate Committee has no legal mandate to notify officers, assume administrative control or override the statutory functions of the Balochistan Bar Council.”
“The impugned act amounts to usurpation of statutory powers and is therefore void in the eyes of law. The Bar Council of Balochistan is a self-contained, independent and self-regulating statutory institution. Any attempt to interfere in its internal administration, election control, notification process or disciplinary domain is illegal, unconstitutional and unacceptable,” the letter said.
The letter further states that the order of 14 January constitutes a direct attack on institutional autonomy and sets a very dangerous precedent.
“Furthermore, it is on record that the alleged botched election process in the Quetta Bar Association is and has been under serious legal and procedural scrutiny due to several deficiencies including verification of voters’ list, eligibility of candidates, approval of dues, neutrality and legal composition of the election board and compliance with mandatory Bar Council rules.”
“Until and unless these legal requirements are fully met, no notification can legally be issued. The Appeals Committee cannot compel the Balochistan Bar Council to approve or legitimize a process that is legally questionable and under investigation,” says the BBC.
The letter also states that politics, group affiliation, personal loyalty and external pressure must be kept completely out of bars. Bar institutions are not political arenas.
Decisions must be strictly based on legislation, regulations, neutrality and institutional interests and not on personalities or influence.
Any perception of political maneuvering or favoritism seriously damages the credibility of the legal profession.
It has also objected that the PBC Appellate Committee passed the order without giving anyone an opportunity to hear the Bar Council of Balochistan, which is a clear violation of the principles of natural justice and fair trial.
The BBC also warned the appeals committee to refrain from interfering in its internal affairs.
The BBC further advises the Appeals Committee that any continued interference, overreach or intrusion into its lawful domain will compel the Council to seek appropriate remedies in the competent forum to protect its autonomy and institutional integrity.
