Case Details

Citation(s)
2014 SLG 2075 2014 SLD 2075 2014 SCMR 747
Supreme Court of Pakistan
Criminal Miscellaneous Application No.86 of 2014 in Criminal Petition No.240 of 2012, decision dated: 26-02-2014
JAWWAD S. KHAWAJA AND EJAZ AFZAL KHAN, JJ

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SALAMAT ALI alias CHAMMA

VS

The STATE and another

Law:

Section:

(a) Legal Practitioners and Bar Councils Act (XXXV of 1973)-------S. 41---Constitution of Pakistan, Art. 37(d)---Code of conduct for advocates---Misconduct by an advocate before the Trial Court---Disciplinary proceedings taken by the Punjab Bar Council against such advocate---Propriety---Supreme Court observed that Art. 37(d) of the Constitution stipulated that "the State shall , ensure inexpensive and expeditious justice", but in the present case, it was apparent that there were hindrances placed before the Trial Court which resulted in denial of the said constitutional imperative; that the disciplinary mechanism of the Legal Practitioners and Bar Councils Act, 1976 and the proceedings taken by the Punjab Bar Council, in the present case, against the advocate in question appeared, prima facie, to have fallen short of the standards set out for Advocates in the code of conduct prescribed under the said Act---Supreme Court held that it was inter alia, for such reasons that court would like to examine the law (on the subject) and, in the light thereof the decision of the Punjab Bar Council Tribunal---Supreme Court directed that since notice issued to advocate in question had been returned unserved, therefore fresh notice should be issued to him. (b) Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----S. 3---Bar council---Purpose---Code of conduct for advocates---Bar existed for the purpose of ensuring access to and delivery of justice---Bar was also meant to stand up for upholding the rule of law, but it could discharge these functions only if its members abided by their code of conduct and were subjected, like everyone else, to the rule of law. Khalid Umar, Assistant Secretary/Law Officer for Punjab Bar Council on Court's Notice. Date of hearing: 26th February, 2014. ORDER JAWWAD S. KHAWAJA, J.---Mr. Khalid Umar, Advocate has appeared with the record. He shall prepare a copy of the record and file the same in Court before the next date of hearing. 2. The necessity for fixing this matter in Court, is evident from the circumstances set out in our order…
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