Law:

Section:

(a) Chartered Accountants Ordinance (X of 1961) -----Sched. II, Part 1, Cl. (1) Professional misconduct ¬Disclosure of information acquired by Chartered Accountant in the course of his professional engagement without consent of his client Effect Council could not require any member of Institute of Chartered Accountants of Pakistan, whether directly or indirectly, to disclose such information as such disclosure would clearly constitute professional misconduct. (b) Chartered Accountants Ordinance (X of 1961) Sched. II, Part 1, Cl. (1) Bye Laws of. Chartered Accountants, 1983, Bye Law 8(3) Companies Ordinance (XLVII of 1984), Ss.254, 255 & 257 Securities and Exchange Ordinance (XVII of 1969), S.34(4) Constitution of Pakistan (1973), Art. 199 Constitutional petition ¬Professional misconduct Directive of council requiring practising Chartered Accountants to furnish to Institute of Chartered Accountants of Pakistan a list of audited companies, otherwise renewal of certificate of practice might be refused to them Validity Any disclosure of information made by petitioner in compliance with such directives would automatically expose him to a charge of professional misconduct as wording of Cl. (1) of Part 1 of Second Sched. to Chartered Accountants Ordinance, 1961 did not make an exception in respect of disclosures made to the Institute ¬Such directive was coercive as same contained threat that members of the Institute such as petitioner would loose their practising certificates, if they did not comply with such directive of Council Members of the Institute could not be required by means of any directive or threatened coercive process to commit professional misconduct as defined in Second Sched. to Chartered Accountants Ordinance, 1961 ¬Working papers files would include client's information relating to audit ands review thereof by Institute would result in client's information becoming available to Institute, which would fall within ambit of professional misconduct as defined in Cl. (1) of Part 1 of Second Sched. to Chartered Accountants Ordinance, 1961 Such directive without making suitable amendments in Chartered Accountants Ordinance, 1961 could not be enforced…

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