| Citation(s) |
|---|
| 2015 SLG 1235 2015 SLD 1235 2015 PLJ 814 |
Supreme Court of Pakistan
C.P. Nos. 1976 & 1977 of 2013, decision Dated: 16.01.2014. Hearing Date : 10.01.2014. (On appeal from the judgment Dated 4.11.2013 & 20.11.2013 passed by the Lahore High Court, Rawalpindi Bench in W.P. No. 3062/2012 & in ICA No. 112/2013).
AMIR HANI MUSLIM, JUSTICE, EJAZ AFZAL KHAN, JUSTICE
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C.P. Nos. 1976 & 1977 of 2013, decision Dated: 16.01.2014. Hearing Date : 10.01.2014. (On appeal from the judgment Dated 4.11.2013 & 20.11.2013 passed by the Lahore High Court, Rawalpindi Bench in W.P. No. 3062/2012 & in ICA No. 112/2013).
AMIR HANI MUSLIM, JUSTICE, EJAZ AFZAL KHAN, JUSTICE
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ZAFAR MEHMOOD MUGHAL
VS
SAJJAD AKBAR ABBASI AND OTHERS
Law:
Section:
Legal Practitioners & Bar Councils Act, 1973 (XXXV of 1973)-- ----S. 5-C--Cessation of membership of Provincial Bar Council--Effected members Pb.B.C. was appointed as Deputy A.G.--Office of profit in service of Pakistan--Ceased to be member of Pb.B.C.--Appeal against I.C.A.--Validity--Nature of appointment of D.A.G. is no different in as much as both are offices of profit i.e. office of Dept. A.G. is an office of profit in Federal Govt.--Whereas Post of A.A.G. is an office of profit in Provincial Government--Leave was dismissed. 1998 SCMR 425, ref. THIS ORDER PASSED BY: Tassaduq Hussain Jillani, CJ.- This order shall dispose of Civil Petition Nos. 1976 & 1977 of 2013. 2. We have heard learned counsel for the petitioner at some length. 3. Petitioner was elected as Member of the Punjab Bar Council and during the incumbency of the said office he was appointed as Deputy Attorney General on 31.7.2012. Respondent-writ petitioner sought a declaration that petitioner in view of his appointment as Deputy Attorney General ceased to be a Member of the Punjab Bar Council and since respondent-writ petitioner secured the next highest votes in elections, he be declared to be the Member of Punjab Bar Council. 4. The question raised before the High Court was as to whether he could still retain the membership of the Bar Council in view of the mandatory provision of Section 5C of the Legal Practitioners & Bar Councils Act, 1973, which reads as follows:-- "5C. Cessation of membership of Provincial Bar Council.--A member of a Provincial Bar council shall cease to be such member if he;-- (a) is appointed to an office of profit in the service of Pakistan; or (b) is suspended or removed from practice under the provisions of Chapter VII; or (c) incurs any of the disqualifications specified in Section 5 B." 5. In accepting the writ petition of the respondent, the learned High Court has held that since petitioner was appointed to…
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