Is the Autonomy of Lawyers and Judicial Independence in Pakistan at Risk?

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Is the Autonomy of Lawyers and Judicial Independence in Pakistan at Risk?

Synopsis

The recent suspension of lawyer Mian Ali Ashfaq by the Punjab Bar Council has sparked outrage from the Human Rights Council of Pakistan. This decision raises alarming questions about the autonomy of legal professionals and judicial independence in the country. Learn more about the implications of this controversial action.

Key Takeaways

  • The suspension of Mian Ali Ashfaq's license raises serious concerns about legal autonomy.
  • The decision is viewed as a violation of fundamental human rights.
  • Actions like these can intimidate lawyers and compromise justice.
  • The HRCP is advocating for immediate government review of this decision.
  • International attention is being sought to protect legal rights in Pakistan.

Islamabad, Jan 2 (NationPress) The Human Rights Council of Pakistan (HRCP) on Friday denounced the Punjab Bar Council (PbBC) for revoking the practising license of attorney Mian Ali Ashfaq, labeling this action as a violation of justice principles, legal independence, and fundamental human rights.

The PbBC suspended Mian Ali Ashfaq's license on Thursday for representing social media figure Rajab Butt in a Karachi court during a strike initiated by the Karachi Bar Association.

This strike protested the alleged mistreatment of the former librarian of the Karachi Bar Association, Naseer Muhammad Kalhoro, during which judicial proceedings were halted in the city courts, according to local news.

“We firmly believe that seeking justice through legal channels is neither a crime nor misconduct. The core responsibility of a lawyer is to defend their clients, a principle upheld in democratic societies worldwide. Penalizing a lawyer for attending court or defending their client is a direct attack on advocacy rights and undermines the justice system. Such actions instill fear among legal practitioners and severely compromise the public's right to a fair trial,” stated the HRC of Pakistan.

The rights organization noted that revoking an advocacy license is an extremely disproportionate measure that raises serious concerns regarding the autonomy of legal professionals and the independence of the judiciary in Pakistan.

Stressing that these actions violate international human rights standards, the HRC urged the Government of Pakistan, the provincial authorities in Punjab, and relevant judicial and legal bodies to promptly reassess the decision.

It emphasized the need to protect lawyers' constitutional and professional rights, ensuring that bar councils operate free from political or collective pressure.

“We will also bring this issue to the attention of international human rights platforms and judicial bodies to safeguard the rule of law and the right to justice in Pakistan,” the HRC remarked.

Additionally, the Human Rights Commission of Pakistan (HRCP) expressed serious concern regarding the reported physical attack on Rajab Butt within the Karachi city court, allegedly involving members of the legal community.

The comments followed an incident where Rajab Butt was reportedly assaulted at a sessions court in Karachi on Monday during proceedings related to a case accusing him of offending religious sentiments.

“Violence, intimidation, and vigilantism—especially within court settings—erode the rule of law and the right to due process,” stated the HRCP.

The rights organization called for a swift and unbiased investigation, accountability for all involved, and effective measures to safeguard litigants, attorneys, and court personnel in Pakistan.

Point of View

It is crucial to recognize that the autonomy of legal professionals is paramount for a functioning democracy. The recent actions taken against Mian Ali Ashfaq are alarming and potentially detrimental to the justice system. The rights of lawyers must be protected to ensure that individuals can seek legal recourse without fear of reprisal. Upholding the rule of law is essential for maintaining public trust in the legal system.
NationPress
08/01/2026

Frequently Asked Questions

What prompted the suspension of Mian Ali Ashfaq's license?
The Punjab Bar Council suspended Mian Ali Ashfaq's license due to his representation of Rajab Butt during a strike initiated by the Karachi Bar Association.
Why is the HRCP concerned about this suspension?
The HRCP views the suspension as a violation of justice principles and a threat to the independence of legal professionals, which undermines the public's right to a fair trial.
What actions are being called for in response to this issue?
The HRCP is urging the Government of Pakistan and relevant authorities to review the suspension and ensure the protection of lawyers' rights.
How does this incident affect judicial independence in Pakistan?
Such actions create an atmosphere of fear among lawyers, potentially obstructing their ability to advocate effectively for their clients, thereby threatening judicial independence.
What measures is the HRCP taking regarding this situation?
The HRCP plans to raise this issue on international platforms to ensure the protection of legal rights and the integrity of the justice system in Pakistan.
Nation Press