| Citation(s) |
|---|
| 2015 SLG 2072 2015 SLD 2072 2015 SCMR 976 |
Supreme Court of Pakistan
C.M.A. No. 3854 of 2014 in SMC No. 3 of 2009, C.M.A. No. 4341 of 2014 in C.M.A. No. 3854 of 2014 in SMC No. 3 of 2009 and C.M.A. No. 1532 of 2015 in C.R.P. 245 of 2013 in SMC 3 of 2009, decided on 9th April, 2015
JAWWAD S. KHAWAJA, SH. AZMAT SAEED AND MUSHIR ALAM, JJ
Syed Zahid Hussain Bokhari, Advocate Supreme Court for Appellant (in C.M.A. 1532 of 2015). Dr. Shafiq ur Rehman in person Voluntary appeared. Razzaq A. Mirza, Additional A.G., Ch. Muhammad Ilyas, Secretary, Colonies, BOR, Sajid Zafar, DCO, Rawalpindi, Ari
C.M.A. No. 3854 of 2014 in SMC No. 3 of 2009, C.M.A. No. 4341 of 2014 in C.M.A. No. 3854 of 2014 in SMC No. 3 of 2009 and C.M.A. No. 1532 of 2015 in C.R.P. 245 of 2013 in SMC 3 of 2009, decided on 9th April, 2015
JAWWAD S. KHAWAJA, SH. AZMAT SAEED AND MUSHIR ALAM, JJ
Syed Zahid Hussain Bokhari, Advocate Supreme Court for Appellant (in C.M.A. 1532 of 2015). Dr. Shafiq ur Rehman in person Voluntary appeared. Razzaq A. Mirza, Additional A.G., Ch. Muhammad Ilyas, Secretary, Colonies, BOR, Sajid Zafar, DCO, Rawalpindi, Ari
C.M.A. NO. 3854 OF 2014 IN SUO MOTU CASE NO.3 OF 2009
AND
C.M.A. NO. 4341 OF 2014 IN C.M.A. NO. 3854 OF 2014
IN SUO MOTU CASE NO. 3 OF 2009
(Concise statement on behalf of --Respondent-Bahria Town)
AND
AND C.M.A. NO. 1532 OF 2015 IN C.R.P. 245 OF 20
Law:
Section:
(a) Supreme Court Rules, 1980--- ----O. IV, R. 30---Constitution of Pakistan, Art. 184(3)---Suo motu jurisdiction of Supreme Court---Advocate of the Supreme Court as counsel of one of the parties---Apprehension of bias of a Judge of the Supreme Court by said counsel---Untrue and incorrect statements by the Advocate---False assertions---Misconduct---Conduct unbecoming of an Advocate of the Supreme Court---Issuance of notice to Advocate of the Supreme Court to show cause why action envisaged under O. IV, R. 30 of the Supreme Court Rules, 1980 (including suspension/removal from practice) be not taken against him---Advocate of the Supreme Court in question made untrue and incorrect statements in his concise statement filed before the Supreme Court regarding bias of one of the Judges of the Supreme Court hearing the suo motu case---Advocate in question made (untrue) statements to the effect that the Judge of the Supreme Court in question refused to accept his request for general adjournment; that the Supreme Court fixed a date of hearing for the case knowing that he was not available; that the Judge of the Supreme Court in question repeatedly threatened an officer of the Government to take action against his client otherwise the officer's service may be harmed and that his client had serious apprehension that the Judge of the Supreme Court in question had already made up his mind to decide the case against the client in the absence of its counsel---Case record and orders passed in the suo motu case so far showed that such statements made by the Advocate of the Supreme Court in question were false and incorrect, and he had no valid or relevant explanations to justify the same---Advocate of the Supreme Court in question had also addressed a letter/application to the Chief Justice of the Supreme Court, seeking a change of Bench hearing the suo motu case, wherein unprofessional and irresponsible assertions were made---Said letter/application was also published by the press in newspapers---Apprehensions of the advocate's client were also based on false assertions---No serious apprehension could be founded on the basis of a false assertion---Not every subjective opinion…
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