Seventy-five lawyers today called on the Bar Council to hold an extraordinary general meeting to discuss a motion censuring its leaders for not opposing a law which bans its office bearers from holding political posts.

Represented by N Surendran, Charles Hector and Salbiah Ahmad, the lawyers delivered an official notice to the Bar Council's executive director, Catherine Eu, this afternoon.

The move was the result of the council's opposition to lawyer R Sivarasa who had applied to the High Court seeking a declaration that Section 46A of the Legal Profession Act 1976 was invalid because it violates the freedom of association provision in Article 10 of the Federal Constitution.

The Bar Council had opposed Sivarasa's application.

Bar Council chairperson Mah Weng Kwai was reported as saying that "the council objected to Sivarasa's application because it felt its independence must always be evident to the public".

The provision in the act disqualifies lawyers who are office bearers in political parties, trade unions and other political organisations from holding office in the Bar Council.

Sivarasa was disqualified as a Bar Council member after he was appointed a vice-president of Parti Rakyat Malaysia.

His application for the right to retain his posts in both the Bar Council and PRM was quashed by the Kuala Lumpur High Court on Aug 22.

No arguable case

Justice Faiza Tamby Chik said Sivarasa had no arguable case to allow the application for judicial review.

When an amendment to include the controversial provision in the Legal Profession Act was made in 1977, the Bar had passed a resolution against the move.

The lawyers opposed the amendment because it imposed restrictions on the Bar to choose its own leaders and that it impeded its independence.

Besides censuring the Bar Council for contravening the resolution as expressed by the Bar in 1978, the notice also demanded the council to act in accordance with the stand taken by the body 23 years ago.

It called on the council to immediately make representations to the government and other bodies concerned for the repeal of the offending provisions in the Legal Profession Act.