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LHC judge calls SCBA goings-on ‘sad’

LAHORE: Justice Mian Saqib Nisar of the Lahore High Court said he was pained by the goings on in bar associations, including the Supreme Court Bar Association (SCBA).

The judge made these remarks while hearing a petition challenging the Pakistan Bar Council’s (PBC) notice wherein Munir A Malik was declared the SCBA president again.

The judge has directed the attorney general of Pakistan to take the entire SCBA election record into his custody to prevent possible rigging.

The judge sent pre-admission notices to the respondents for November 13. PBC Executive Committee Chairman Qalb-e-Hussain, committee members Kazim Khan, Ali Ahmad Kurd, Rasheed Ahmad Rizvi and Qazi Muhammad Anwar, Munir A Malik, Sahibzada Anwar Hameed, outgoing SCBA secretary Ali Akbar Qureshi and outgoing vice-president (from Punjab) Zakaul Rehman Awan are among the respondents. Petitioner Nawab Saeedullah Khan, who had celebrated his victory as the vice-president for only two days, said the PBC was not authorised to set aside the decision of the SCBA election returning officer. He said that SCBA rules had no provision to allow appealing to the PBC for the solution of SCBA’s matters. According to Article 13 of the SCBA rules, PBC was authorised to conduct the first SCBA election, he said, and Article 14 authorised the SCBA executive committee to conduct the election.

At this, the judge said PBC was the supreme body of the bars which may be why it intervened.

The petitioner said that according to two different judgments by the Supreme Court, ballot papers without the presiding officer’s signature or stamp were invalid, therefore the votes cast from Karachi were declared invalid by Justice (r) Malik Qayyum, the returning officer.

Saeedullah asked the court to suspend the PBC’s decision, but the judge said a stay could not be given without listening to the respondents.

Munir A Malik and Sahibzada Anwar Hamid had been declared SCBA president and vice-president after the SCBA elections on October 31. On November 2, outgoing SCBA secretary Ali Akbar Qureshi issued a notice in this regard, but on November 4, Justice (r) Malik Qayyum, the SCBA president and returning officer declared all votes cast at the Karachi polling station invalid because they did not bear the presiding officer’s stamp or signature. Qayyum suspended Qureshi’s notice and issued a new one declaring Raja Haq Nawaz the president and Nawab Saeedullah Khan the vice president from Punjab. Munir A Malik and Sahibzada Anwar Hamid appealed to the PBC, which suspended Qayyum’s notice on November 7 and revived Qureshi’s notice, declaring Munir A Malik the president until the next hearing on November 11. staff report

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