Rights body worried about autonomy of lawyers, judicial independence in Pakistan

Islamabad, Jan 2 (IANS) The Human Rights Council (HRC) of Pakistan on Friday condemned the country's Punjab Bar Council (PbBC) for suspending the practising license of lawyer Mian Ali Ashfaq, describing the move as a “violation of the principles of justice, the independence of the law, and fundamental human rights”.

The Punjab Bar Council (PbBC) in the Pakistan province on Thursday suspended the practising licence of Mian Ali Ashfaq for representing social media influencer Rajab Butt before a Karachi court amid a strike called by the Karachi Bar Association.

The strike was called in protest against the alleged victimisation of the Karachi Bar Association’s former librarian, Naseer Muhammad Kalhoro, during which judicial proceedings were strictly prohibited within the city courts’ premises, local media reported.

“We unequivocally take the position that knocking on the doors of the law is neither a crime nor professional misconduct. The fundamental duty of a lawyer is to provide legal defence to their client, and this principle is recognised in civilised democracies and judicial systems around the world. Punishing any lawyer merely on the basis that they approached the court or defended their client is tantamount to suppressing the freedom of advocacy and weakening the system of justice. Such actions create fear among lawyers and cause severe damage to the public's right to a fair trial,” the HRC of Pakistan stated.

The rights body asserted that suspending an advocacy license is an extremely "harsh and disproportionate" measure, while the decision raises questions about the autonomy of lawyers and judicial independence in Pakistan.

Emphasising that such actions are not in conformity with international human rights standards, the HRC called on the Government of Pakistan, the provincial government in Punjab, and the relevant judicial and legal institutions to immediately review the decision.

It added that the protection of lawyers' constitutional and professional rights must be ensured, and bar councils should remain free from political or group pressure.

“We will also highlight this matter before international human rights forums and judicial institutions so that the freedom of the law and the right to justice in Pakistan can be protected,” the HRC noted.

Meanwhile, the Human Rights Commission of Pakistan (HRCP) expressed grave concern over the reported physical assault on Rajab Butt within the Karachi city court premises and the alleged involvement of members of the legal fraternity.

The remarks came after Rajab Butt was reportedly physically assaulted at a sessions court in Karachi on Monday during the proceedings in a case filed against him for allegedly hurting religious sentiments.

“Violence, intimidation and vigilantism—particularly inside courts—undermine the rule of law and the right to due process," the HRCP stated.

The rights body urged a prompt and impartial investigation, accountability for all those responsible and effective measures to ensure the safety of litigants, lawyers and court officials in Pakistan.