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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, objecting to “unlawful interference” in the internal affairs of the provincial bar body.
The dispute, which has escalated into a full-blown regulatory clash, revolves around a January 14 order of the PBC Appellate Committee upholding the unopposed election of the Quetta Bar Association.
The BBC maintains 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, on instructions from his vice-president, addressed a strongly worded letter to the chairman of the PBC Appellate Committee in Balochistan, registering an official protest against the committee’s decision to directly notify the president and cabinet of the Quetta Bar Association.
It was learned that the BBC had earlier suspended the Quetta Bar Council’s unopposed election, following which the aggrieved party approached the PBC appeal committee, resulting in the impugned directive.
It should be noted that the BBC is run by a professional group known as anti-government.
On the other hand, 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 Balochistan High Court Additional Judge Ayub Tareen on the grounds of his brother’s political affiliation.
The BBC in its letter on Friday said the PBC Appeal Committee’s order lacks legal authority, is beyond jurisdiction, is ultra vires the Legal Practitioners and Bar Councils Act 1973 and is a flagrant intrusion into the exclusive legal domain of the BBC.
“The power to supervise, regulate and notify elections and Bar Council officers rests solely and exclusively with the Provincial Bar Council. The appeal committee has no legal mandate to notify officers, assume administrative control or override the statutory functions of the Bar Council of Balochistan.”
“The impugned action amounts to usurpation of legal powers and is therefore void in the eyes of law. The Balochistan Bar Council is an autonomous, independent and self-regulatory statutory institution. Any attempt to interfere in its internal administration, electoral counting, notification process or disciplinary ambit 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.
“Further, it is placed on record that the alleged uncontested electoral process of the Quetta Bar Council is and has been under serious legal and procedural scrutiny due to multiple deficiencies, including verification of voter list, eligibility of candidates, clearance of dues, neutrality and legal constitution of the Election Board, and compliance with the mandatory norms of the Bar Council.”
“Until these legal requirements are fully met, no notification can legally be issued. The Appellate Committee cannot compel the Balochistan Bar Council to endorse or legitimize a process that is legally questionable and under scrutiny,” says the BBC.
The letter further states that politics, group affiliations, personal loyalties, and outside pressures should be kept completely out of legal matters. Law institutions are not political arenas.
Decisions must be based strictly on law, rules, neutrality and institutional interest, and not on personalities or influences.
Any perception of political maneuvering or favoritism seriously damages the credibility of the legal profession.
He also objected that the PBC Appellate Committee passed the order without providing any opportunity of hearing to the Balochistan Bar Council, in clear violation of the principles of natural justice and due process of law.
The BBC also warned the appeal committee to refrain from interfering in its internal affairs.
The BBC further advises the appeals committee that any continued interference, overreach or invasion of its legal domain will require the council to seek appropriate legal remedies before the competent forum for the protection of its autonomy and institutional integrity.
