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(JUDICIAL DEPARTMENT) Complaint No. 01 Of Form No: HCJD/C-121 ORDER SHEET IN THE ISLAMABAD HIGH COURT, ISLAMABAD (JUDICIAL DEPARTMENT) Complaint No. 01 of 2021 The Registrar, Islamabad High Court, Islamabad Vs. Naseer Ahmed Kayani Advocate and others S. No. of Date of order/ Order with signature of Judge and that of parties or counsel where order/ proceedings necessary. proceedings 03) 02-03-2021. M/s Rabi bin Tariq, Daniyal Hassan, Muhammad Atif and Majid Rashid Khan, State Counsels. M/s Muhammad Umair Baloch, Asif Tamboli, and Jahangir Khan Jadoon Advocates. ATHAR MINALLAH, CJ.-These proceedings have been initiated pursuant to the powers and to fulfill the requirements under section 41 read with section 54 of the Legal Practitioners and Bar Councils Act 1973 [hereinafter referred to as the “Act of 1973”], read with the Pakistan Legal Practitioners Bar and Councils Rules, 1976 [hereinafter referred to as the “Rules of 1976”] and the Islamabad Legal Practitioners and Bar Council Rules, 2017 [hereinafter referred to as the “Rules of 2017”] regarding sending complaints to the respective regulatory authorities. In compliance with the mandate of sub section (1) of section 54, notices were ordered to be served on the respondents vide order, dated 18.02.2021. Two written replies have been received. Some of the respondents are reported to have Page | 2 Complaint No. 01/2021. concealed themselves to avoid the process of law because they are nominated in the criminal case registered in relation to the storming of the Islamabad High Court. Some have been arrested and sent on judicial remand. 2. It has been reported that on the morning of 8th of February, 2021, some lawyers were protesting at the District courts against the demolition of chambers by the administration of the Islamabad Capital Territory. The chambers were either under construction or had already been built on public streets, car parks and pathways. It was alleged that the demolition was done without notice. The enraged lawyers intended to go to the offices of the administration and the Capital Development Authority [hereinafter referred to as the “Authority”] to register their protest. As reported, Naseer Kayani, one of the members of the Islamabad Bar Council, falsely alleged in his provocative speech to the enraged mob of enrolled Advocates, that the Chief Justice of Islamabad High Court was responsible for the demolition of the chambers. Naveed Hayat Malik and Zahid Mehmood Raja, who were contesting candidates for the office of the President, Islamabad High Court Bar Association and other contesting candidates were also reported to have made provocative speeches to an already enraged mob of enrolled Advocates. The Page | 3 Complaint No. 01/2021. speakers, who claim to be the leadership of the Bars, instead of acting in accordance with the code of conduct and etiquettes enshrined in the Rules of 1976, provoked and instigated an already enraged mob of enrolled Advocates, which ultimately led to the violent storming of their own alma mater i.e. the Islamabad High Court. They were the foot soldiers of the law and the Constitution, besides being the guardians of the Constitutional Court. It has been reported that the speakers instigated, facilitated and aided the enrolled lawyers to take the law into their own hands. Naseer Kayani, Zahid Mehmood Raja, Naveed Hayat Malik, Zafar Khokhar, former President of Islamabad District Bar and others accompanied the enraged mob to the Chief Justice’s Block and were amongst those who had forced their entry by breaking the entrance door. What ensued was unthinkable and intolerable. It was definitely the most disturbing and despicable display of conduct by guardians of the law. The unimaginable conduct of a few enrolled Advocates was enough to tarnish the image and to bring collective shame upon the entire legal fraternity, besides eroding the confidence of the people of Pakistan in the judicial branch of the State. The Chief Justice of this Court, vide letter dated 11.02.2021, had brought the intolerable conduct of the enrolled lawyers to the attention of the Page | 4 Complaint No. 01/2021. Pakistan Bar Council and the Islamabad Bar Council. Both, through their respective letters, not only condemned the incident but also asked this Court to refer a complaint against the involved enrolled Advocates. Hence these proceedings. 3. There could not have been a more grave act of indiscipline and misconduct on the part of enrolled Advocates than the incident of the 8th of February, 2021. There was no outsider involved in the storming of the Islamabad High Court and the vandalizing of public property. All those who were involved were enrolled Advocates and known to the members of the respective Bars, particularly its office holders. The office bearers, particularly the Presidents of the Islamabad District Bar Association and Islamabad High Court Bar Association respectively, were also present and even they were as helpless as the detained Chief Justice and the Judges of this Court. There were a few conscientious enrolled Advocates who pleaded sanity but their pleadings fell on deaf ears. 4. Why is the incident of 8th of February, 2021 extraordinary, intolerable, unimaginable and one of the most grave acts of indiscipline and misconduct that enrolled Advocates could have committed? The guardians of the rule of law and the Constitution had Page | 5 Complaint No. 01/2021. virtually held a Constitutional Court and its functioning in abeyance through violent mob force. The violence, vandalism, taking the Chief Justice hostage from 10:15 a.m. to 2:30 p.m. and by intimidating and threatening the holder of a Constitutional post for a considerable time, the Constitution was virtually held in abeyance by forcing the High Court to become dysfunctional through use of mob force. It is ironic that the perpetrators were none other than the custodians of the Constitution and law. The actual stakeholders i.e. the litigants were denied access to justice and their right to meaningful access to a Constitutional Court. The incident is unparalleled in the judicial history around the globe. This is what makes the storming of the High Court on 8th of February, 2021 the gravest act of misconduct and indiscipline. 5. The Chief Justice was held hostage by a mob of enrolled Advocates in his chamber for more than four hours, led amongst others by Barrister Tassaduq Hanif who was also contesting the election for the post of General Secretary of the Islamabad High Court Bar Association. Attempts were made to have a Dharna (sit- in) in the chamber of the Chief Justice. 6. Should the above acts of grave indiscipline and misconduct by known enrolled Advocates be Page | 6 Complaint No. 01/2021. condoned? Is it not the duty and obligation of the regulatory bodies of enrolled Advocates to hold those accountable who had resorted to taking the law into their own hands and through use of mob force and violence had made a Constitutional Court dysfunctional and thus committed a serious violation of the Constitution? What if it had been done by a mob of private citizens? Can such a mode of protest be justified in any manner and that too by enrolled Advocates, who ought to be committed to upholding the dignity of the noble legal profession? 7. In order to send complaints to the respective regulatory bodies i.e. the Pakistan Bar Council and Islamabad Bar Council, as the case may be, and to meet the requirements of section 54(1) of the Act of 1973, we had ordered the issuing of notices to the twenty one respondents vide order, dated 18.02.2021. Only two respondents filed their replies. Another opportunity was extended to the remaining respondents vide order, dated 25.02.2021. The latter have not opted to submit their respective replies. We had also asked the Presidents of Islamabad District Bar Association and Islamabad High Court Bar Association and other office bearers to submit the names of the enrolled Advocates who had either actively participated or had aided and facilitated the grave acts of indiscipline and misconduct, Page | 7 Complaint No. 01/2021. so as to ensure fairness and transparency in the proceedings. Those who were involved are known and, therefore, the assistance of the respective Bars is crucial so as to ensure that no lawyer unconnected with the incident is inadvertently implicated. We have been informed that no response has been received sofar. The Bar of this High Court has always stood up for upholding the rule of law and, therefore, we are hopeful that they would assist us in this important matter. 8. At this stage, twenty one respondents arrayed in the proceedings in hand have been shortlisted after careful scrutiny out of 150 enrolled lawyers alleged to have been involved in the grave act of storming the High Court and/or making it dysfunctional for more than four hours. The twenty one arrayed respondents, prima-facie, had a leading role in the grave acts described above. Before we proceed to send their complaints to the respective regulatory bodies, we are affording them another opportunity to satisfy this Court that they had not actively acted, aided or facilitated the grave acts of 8th of February, 2021. The two replies received sofar have not been found satisfactory and it has been reported that they have concealed themselves to avoid the process of law. This in itself tantamounts to misconduct on the part of an enrolled Advocate. We also expect members of the Page | 8 Complaint No. 01/2021. Islamabad Bar Association and the Islamabad High Court Bar Association, who had witnessed the intolerable acts of grave indiscipline and misconduct, to come forward and identify any of the arrayed respondents who may not have been involved in the storming of the High Court and forcing it to remain dysfunctional from 10:15 a.m.
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