LAHORE: A Lahore High Court full court is going to start its three-day session taking up the issue of creating more regional benches on Friday (today) without any clear stance so far by major stakeholder — the bar.

Leaders of two major groups of the legal fraternity -- Hamid Khan of Professional Group and Asma Jahangir of Independent Group -- avoided to comment (on record) on the issue when approached by Dawn.

It is believed the two groups are not ready to come up with any clear views on the question of establishing more permanent LHC benches due to political considerations.

Both groups fear losing their vote bank in any case—whether they support or oppose the demand raised by lawyers from Gujranwala, Sahiwal, Sargodha, Okara and other divisions. If they support creation of more benches they would offend lawyers appearing before the three existing benches at Rawalpindi, Multan and Bahawalpur.

Lawyer groups weigh political implications

Military dictator Gen Zia had in 1981 created the three permanent benches of the LHC with stated purpose of taking justice to the doorsteps of the people. However, senior lawyers say the motive of the dictator’s move was to shatter lawyers’ unity in Lahore city that was a hub of anti-martial law activities at that time.

A senior member of the Pakistan Bar Council, who wished not to be named, says the demand for creation of more benches is “business oriented”. He asks why not even a single voice was raised on the matter from any segment of society other than the lawyers. He is of the opinion that lawyers demanding creation of more benches in their divisions face scarcity of clients at high court level.

When contacted for his views, Lahore High Court Bar Association President Rana Zia Abdul Rehman said it was up to the government and the judiciary to take any decision in this regard, avoiding further comment on the issue. He is a member of Professional Group.

It is relevant to mention that the LHCBA had in 2013 passed a resolution against creation of new benches. However, the bar has now adopted a resolution supporting more benches.

It seems that the ‘pressure groups’ in legal fraternity have forgotten that a military dictator had also created three permanent benches of the LHC to dent lawyers’ unity and not to take “justice to doorsteps of the people.”

A fourth-generation lawyer of Supreme Court, Taffazul Haider Rizvi, says a high court is not just a building made of bricks and mortar but is a living and breathing institution, with its legal fabric rooted in bench and bar through sweat and toil of decades, if not centuries.

He believes the existing system, under which, through an ordinance the jurisdiction of the Principal Seat (Lahore) has been curtailed, needs to be rectified. The benches already established at Rawalpindi, Multan and Bahawalpur are dispensing justice and shall continue to do so but the Principal Seat should be open to any person knocking at the door of justice with any matter arising anywhere in the province, he adds.

Mr Rizvi cites example of neighbouring India where states of Punjab and Haryana have only one high court functioning at Chandigarh with jurisdiction over 40 districts of two states. He further says the state of Uttar Pradesh having a population more than Pakistan is fulfilling its judicial requirement through Allahabad High Court having only one circuit bench at Lucknow.

Advocate Azhar Siddique, known for initiating public-interest litigation, says he will challenge through a petition if more permanent benches of the LHC are created. He believes establishing more benches will amount to converting a constitutional court (high court) into a civil court.

He is of the opinion that administration and dispensation of justice will be compromised and government expenses will increase if more benches are established. He suggests that the high court should accommodate lawyers for those divisions where benches are not available by using information technology.

Chief Justice Syed Mansoor Ali Shah will head the full court session with participation of all LHC judges.

Published in Dawn, July 15th, 2016