News and Announcement

Sheikh responds to Pakistan Bar Council

Mohammad Akram Sheikh [Senior Advocate, Supreme Court of Pakistan] has sent a formal reply, dated 08 June 2016, to the chairman of Pakistan Bar Council’s Legal Education Committee regarding the show cause notice, dated 31 May 2016, issued to University of Management and Technology about its law programs.

Mr. Sheikh, among other things, has pointed out that:

1. UMT applied for the recognition of its 5-year LL.B. program, in accordance with Pakistan Bar Council (Recognition of Universities) Rules, 2005, in November 2013.
2. Despite a formal reminder by UMT, in March 2014, PBC did not take any action regarding the application.
3. UMT applied for the recognition of its LL.M. in Commercial Law program, in accordance with Pakistan Bar Council Legal Education Rules, 2015, in April 2016.
4. Under Rule 06 of Pakistan Bar Council (Recognition of Universities) Rules, 2005, PBC was bound to decide all applications for recognition “within a reasonable period of time, but not exceeding six months in any case.” There are several statutes that envision that where the prescribed time for deciding an application has lapsed, it amounts to deemed approval of the application by the statutory authority.
5. PBC’s failure to adhere to Rule 06 of Pakistan Bar Council (Recognition of Universities) Rules, 2005, not only amounts to the denial of due process to UMT, but it is also a violation of UMT’s right to be treated in accordance with the law.
6. It has been ruled, in the case cited as 2012 SCMR 167, that even where a statute does not prescribe a period of limitation, the law insists that the concerned authorities must take appropriate action within reasonable time. Therefore, by sleeping on the matter, PBC has exhausted its right over the matter.
7. PBC is not empowered to prevent a university from advertising and conducting law programs. PBC merely gives “recognition” to universities and “inspects” them for quality assurance. “Recognition” only means that a student having a “recognized” degree may apply to be enrolled at the bar.
8. Institutions already awardingLL.B. and LL.M. degrees, without having recognized by PBC, are clearly envisioned in Pakistan Bar Council Legal Education Rules, 2015, and steps have been outlined for such institutions to apply for PBC’s recognition. Lack of recognition does not strip a university of its authority to grant degrees.
9. The object of LEC is to promote excellence in legal education and not to use its power for the destruction of excellence that has been crafted by qualified academic experts.
10. PBC’s reckless disregard of its own rules and procedure falls short of the conduct expected of PBC.

The complete response by Mr. Sheikh can be downloaded from here.