| Citation(s) |
|---|
| 2012 SLG 603 2012 SLD 603 2012 CLC 1345 |
Peshawar High Court
Writ Petition No.1653 of 2011, decision dated: 1st February, 2012
DOST MUHAMMAD KHAN, C.J. AND MIAN FASIHUL MULK, J
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Writ Petition No.1653 of 2011, decision dated: 1st February, 2012
DOST MUHAMMAD KHAN, C.J. AND MIAN FASIHUL MULK, J
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PESHAWAR HIGH COURT BAR ASSOCIATION (PHCBA) through Secretary GENERAL, PHCBA, Peshawar
VS
FEDERATION OF PAKISTAN through Secretary to Governor Khyber Pakhtunkhwa and 16 others
Law: Constitution of Pakistan, 1973
Section: 37,ChapterII,25
Law: Constitution of Pakistan, 1973
Section: 37,ChapterII,25
(a) Constitution of Pakistan-------Arts. 25 & 199---Constitutional petition ---Prayer for establishment of Khyber Law University by upgrading the existing Khyber Law College, Peshawar---Validity---Not a single University out of 25 Universities was imparting higher legal education in Province of Khyber Pakhtunkhwa---No meaningful effort had been made during last 65 years after independence of Pakistan to promote legal education by enhancing capacity and capability of Law Institutions and make such education easily available and accessible within country---More than 95% lawyers could not afford to get higher legal education from abroad---Majority of Private Law Colleges running on commercial basis were lacking required standard---Sharp decline in legal standard, knowledge, skill, capacity and capability of lawyers had made difficult task of recruiting Judges in subordinate judiciary and elevation of senior lawyers as Judges of the High Court---Government had introduced various specialties in each profession, but had not created any special faculty and specialized fields of legal profession---Courts of law, if assisted by specialized lawyers in a particular specialty, would be able to reduce delay in delivery of justice---Quality of legal education could not be enhanced without establishing a Law University consisting of specialized faculties in different branches of law and providing higher professional education including LLM & Ph.D.---Up-grading present Khyber Law College to status of Law University had become necessary---Government had already upgraded many other colleges to status of Universities with all allied facilities and faculties, but had not given attention to legal education resulting into discriminatory treatment thereto---High Court directed Government and all authorities to immediately draft Bill for establishment of Khyber Law University and place the same before Provincial Assembly for its enactment as a law after making Chief Justice of High Court as Chairman of its Senate---Principles. (b) Bar Association--- ----Status of---Bar Associations are nursery for subordinate and higher judiciary in a Province---Principles. (c) Khyber…
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