PUNJAB LAWYERS FIGHT FOR AND AMONG THEMSELVES AFTER LONG

UNCLAS SECTION 01 OF 02 LAHORE 000118

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PK
SUBJECT: PUNJAB LAWYERS FIGHT FOR AND AMONG THEMSELVES AFTER LONG
MARCH

REF: (A) 08 ISLAMABAD 3902; (B) ISLAMABAD 1099


1. (SBU) Summary. Lawyers from Punjab have continued the fight
for lawyers' rights, but have focused their efforts on improving
their own status and ensuring job security. Punjab attorneys
have demanded pay raises, housing from the provincial government
and a resolution that requires companies to retain legal
representation. But the controversial appointment of a new
president has dissolved the Lahore High Court Bar Association
(LHCBA) into political bickering, further diminishing their
political influence. End Summary.

- - -
Resolutions to Secure Position of Lawyers
- - -


2. (SBU) In the wake of the March 15 lawyers long march,
Punjab's attorneys have continued to fight for lawyers' rights,
though not necessarily in the streets. Muqtedir Aktar Shabir,
Secretary of Lahore High Court Bar Association (LHCBA),told
poloffs on April 13 that the LHCBA will push for the
implementation of the Legal Advisor Act of 1974 that requires
all public and private companies registered with the government
to retain at least one legal representative. Most companies do
not retain lawyers and those that do retain the same lawyers, he
explained. The Act, he stated, also prohibits a lawyer from
advising more than three companies, which allows more employment
opportunities for lawyers. Muzamil Aktar Shabir, former
Secretary of LHCBA, added that LHCBA will promote a resolution
that allows only lawyers to prepare documents, not the "poorly
trained draftsmen" who currently act as paralegals. "Draftsmen
are not lawyers," he said, "and do not know how to prepare these
documents."


3. (SBU) In a May 21 follow-up, Shabir told poloff that he had
filed a petition before the Supreme Court of Pakistan for the
implementation of the Act and he hoped that "the Supreme Court
would pass an appropriate order" to protect the rights of
lawyers.

- - -
Lawyers Demand Housing
- - -


4. (SBU) LHCBA will also continue to request more perks for
attorneys who face low pay, Muqtedir Aktar Shabir admitted to
poloffs. Rana Mashhood Ahmad Khan, Deputy Speaker of Punjab
Assembly, told poloffs on March 27 that the Punjab government
began construction of a judicial colony, providing housing and
transportation to and from the court for the judges in Lahore.
He expected the province to build a similar facility for
attorneys. Shabir, Secretary of LHCBA, echoed that "we are
trying to convince the Punjab and Federal Governments to address
this demand but so far no progress has been made."

- - -
Pay Raises for Judges and Lawyers
- - -


5. (SBU) In June 2008, the Punjab Government increased
three-fold the basic salary of judges of the lower judiciary,
recounted Rana Mashhood Ahmad Khan. The salaries of district
and session judges increased to Rs 120,000 (1,500 dollars) a
month; senior civil judges to Rs 48,000 (600 dollars); and civil
judges to Rs 32,000 (400 dollars). This pay raise allowed the
government to recruit better judges and eliminate bribery,
explained Rana Asad Ullah Khan, former Secretary LHCBA. Asad
Ullah Khan predicted that additional pay raises and
implementation of the housing scheme would occur under Chief
Minister Shahbaz Sharif. Pay raises are a possibility for
lawyers, said Ayesha Javed, Pakistan Muslim League, but would
only "affect lawyers holding public office as public
prosecutors" and is contingent upon upcoming provincial budget
allocations.

- - -
Infighting at Bar Association
- - -


6. (SBU) An internal dispute in LHCBA erupted over the
accession of Munawar Iqbal Gondal, who became President of
Lahore High Court Bar Association on April 14 after LHCBA
president Mahmood Shahid Siddiqui moved to the Supreme Court.
Former presidents of the Bar Association and over 300 members
filed a petition demanding fresh elections but the Lahore High
Court dismissed the call for the removal of Gondal as president
on May 26. A meeting held on June 5 to resolve the issue ended
in a physical brawl as Gondal's opponents attacked him and

LAHORE 00000118 002 OF 002


physically removed him from the building. According to press,
the following day, 715 of the 8,440 voting members elected
Nasira Iqbal as the new president. Gondal has challenged the
election before the Punjab Bar Council, a supervisory body that
oversees bar associations in the province. [Note: Opponents
question Gondal's legitimacy because he supported judges who
took oath under the Provisional Constitutional Order. End Note.]


7. (SBU) Comment: In the wake of the lawyers march, lawyers were
revered for their fight for an independent judiciary and
reinstatement of the Chief Justice. Exploiting the success of
the long march for their benefit, the lawyers have harnessed
their power for personal gain, seeking resolutions to protect
their role as lawyers and a provincial housing scheme for
lawyers. At a time when they could have used their collective
power to challenge the Nizam-e-Adl regulation and work toward
effective judicial practices, they concentrated instead on their
narrow personal interests and LHCBA political games.
HUNT