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ISLAMABAD:
A heated institutional confrontation has erupted within Pakistan’s legal community after the Balochistan Bar Council (BBC) officially accused the Pakistan Bar Council (PBC) of exceeding its legal mandate, objecting to “unlawful interference” in the internal affairs of the provincial bar.
The dispute, which has evolved into a full-blown regulatory conflict, revolves around a January 14 order from the PBC appeal committee approving the unopposed election of the Quetta Bar Association.
The BBC argues that the order circumvents legal procedure, violates established legal standards and undermines the autonomy guaranteed to provincial bar councils by law.
The standoff entered a formal phase on Friday when the BBC secretary, acting on the instructions of his vice-president, sent a strong letter to the chairman of the PBC Balochistan Appeal Committee, registering a formal protest against the committee’s decision to directly inform the president and cabinet of the Quetta Bar Association.
It is learned that the BBC had earlier suspended the unopposed election of the Quetta Bar Association, following which the aggrieved party approached the appeal committee of the PBC, resulting in the disputed directive.
It should be noted that the BBC is run by a professional group known to be anti-government.
On the other hand, the PBC is run by an independent group known as pro-government.
The BBC has already protested the Judicial Commission of Pakistan’s (JCP) decision to remove Additional Justice Ayub Tareen from the Balochistan High Court due to his brother’s political affiliation.
The BBC, in its letter on Friday, said the PBC appeal committee’s order was without legal authority, beyond jurisdiction, ultra vires the Legal Practitioners and Bar Councils Act 1973 and was a gross intrusion into the exclusive statutory domain of the BBC.
“The power to supervise, regulate and notify elections and members of the Bar Councils rests solely and exclusively with the Provincial Bar Council. The Appellate Committee has no legal mandate to inform the office bearers, assume administrative control or override the statutory functions of the Balochistan Bar Council.”
“The impugned action amounts to usurpation of statutory powers and is therefore void in the eyes of law. The Balochistan Bar Council is an autonomous, independent and self-regulated statutory institution. Any attempt to interfere in its internal administration, electoral control, notification process or disciplinary area is illegal, unconstitutional and unacceptable,” the letter said.
The letter further states that the January 14 order constitutes a direct attack on institutional autonomy and sets a very dangerous precedent.
“It is further on record that the so-called unopposed election process of the Quetta Bar Association is and has been subjected to serious legal and procedural scrutiny due to multiple deficiencies, including verification of the electoral list, eligibility of candidates, clearance of dues, neutrality and legal constitution of the Election Board, and compliance with the mandatory rules of the Bar Council.”
“Until these legal requirements are fully met, no notice can legally be issued. The Appellate Committee cannot compel the Balochistan Bar Council to approve or legitimize a process that is legally questionable and under review,” says the BBC.
The letter further states that politics, group affiliations, personal loyalties and outside pressures must be completely excluded from the bar’s business. Bars are not political arenas.
Decisions must be strictly based on law, rules, neutrality and institutional interest, not on personalities or influences.
Any perception of political maneuvering or favoritism seriously undermines the credibility of the legal profession.
He also objected that the PBC Appellate Committee had passed the order without granting any opportunity of hearing to the Balochistan Bar Council, in flagrant violation of the principles of natural justice and due process.
The BBC also warned the appeals panel to refrain from interfering in its internal affairs.
The BBC further warns the appeal committee that any continued interference, excess or encroachment on its legal domain will compel the board to seek appropriate legal remedies before the competent forum for the protection of its autonomy and institutional integrity.
