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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-fledged regulatory clash, revolves around a January 14 order of the PBC Appeal Committee endorsing the unopposed election of the Quetta Bar Association.
The BBC maintains that the order bypasses statutory procedure, violates established legal norms, and undermines the autonomy guaranteed to provincial bar councils under the law.
The standoff entered a formal phase on Friday when the secretary of the BBC, acting on the instructions of its 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 learnt that the BBC had earlier suspended the unopposed election of the Quetta Bar Association, following which the aggrieved party approached the PBC’s appeal committee, resulting in the contested directive.
It is to be noted that the BBC is led by Professional Group which is known as anti government.
On the other hand, PBC is led by 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 on the grounds of his brother’s political affiliation.
The BBC in its letter on Friday said that the PBC Appeal Committee’s order is without lawful authority, beyond jurisdiction, ultra vires the Legal Practitioners & Bar Councils Act, 1973, and a blatant intrusion into the exclusive statutory domain of the BBC.
“The power to supervise, regulate and notify the elections and office bearers of Bar Associations vests solely and exclusively in the Provincial Bar Council. The appeal committee has no legal mandate to notify 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-regulating statutory institution. Any attempt to interfere in its internal administration, election scrutiny, notification process or disciplinary domain is illegal, unconstitutional and unacceptable,” says the letter.
The letter further states that the January 14 order constitutes a direct assault on institutional autonomy and sets a highly dangerous precedent.
“It is further placed on record that the alleged unopposed election process of Quetta Bar Association is and has been under serious legal and procedural scrutiny due to multiple deficiencies including verification of voters’ list, eligibility of candidates, clearance of dues, neutrality and lawful constitution of the Election Board, and compliance with mandatory Bar Council Rules.”
“Until and unless these legal requirements are fully satisfied, no notification can lawfully be issued. The Appeal Committee cannot compel the Balochistan Bar Council to endorse or legitimize a process that is legally questionable and under examination,” says the BBC.
The letter further states that politics,group affiliations, personal loyalties and external pressures must be kept completely out of bar matters. Bar institutions are not political arenas.
Decisions must strictly be based on law, rules, neutrality and institutional interest, and not on personalities or influence.
Any perception of political maneuvering or favoritism gravely damages the credibility of the legal profession.
It has also objected that the PBC Appeal Committee passed the order without affording any opportunity of hearing to the Balochistan Bar Council, in clear violation of 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 puts the appeal committee on notice that any continued interference, overreach or encroachment upon its lawful domain shall compel the council to seek appropriate legal remedies before the competent forum for protection of its autonomy and institutional integrity.
