Case Details

Citation(s)
2017 SLG 2252 2017 SLD 2252 = 2017 CLC 1173
Islamabad High Court
Writ Petition No. 4776 of 2016, decision Dated: 18-01-2017.
AAMER FAROOQ, JUSTICE
Riaz Hanif Rahi and M. Asif Gujjar for Petitioner.Raja Aleem Abbasi, Qazi Rafee-ud-Din Babar, Syed Wajid Hussain Gillani, Haroon-ur-Rashid, Faiz Ahmad Anjum Jandran and Tariq Mehmood Jahangiri for
Respondents.

MOHAMMAD WAQAS MALIK, ADVOCATEVS ISLAMABAD BAR COUNCIL THROUGH SECRETARY AND 2 OTHERS

Law:

Section:

Legal Practitioners and Bar Councils Act (XXXV of 1973)-------S. 13(2)---Constitution of Pakistan, Art.199---Constitutional petition--- Maintainability--- Bar Council, status of--- Factual controversy---Alternate remedy, availability of---Petitioner was an office bearer of High Court Bar Association who assailed notice issued to him by Bar Council---Respondents raised the plea that petition was not maintainable on various grounds including non-availing of alternate remedy; rules of Bar Council being non-statutory and dispute pertained to question of facts---Validity---Bar Council could not be regarded as a person performing functions in connection with the affairs of the Federation, Province or local authority---High Court, in exercise of its powers under Art.199 of the Constitution declined to pass any order against respondents---Constitutional petition was dismissed in circumstances.Pakistan International Airline Corporation and others v. Tanveer-ur-Rehman PLD 2010 SC 676; Pir Imran Sajid v. Managing Director/General Manager Telephone Industry of Pakistan 2015 SCMR 1257 and Abdul Wahab v. HBL and others 2013 SCMR 1383 ref.THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE:---.---Through the instant petition the petitioner assails order dated 17.12.2016 intimated to him on 21.12.2016 and seeks direction for adaptation of the Constitution of Lahore High Court Bar Association, Rawalpindi as well as declaration that the Islamabad High Court Bar Association is not subservient to Islamabad Bar Council.2. The facts relevant for the present petition are that the petitioner is the Secretary of Islamabad High Court Bar Association. In connection with some communications made with Islamabad Bar Council vide letter dated 21.06.2016 he used his designation as Secretary General, Islamabad High Court Bar Association. Islamabad Bar Council/ respondent No. 1 in its meeting held on 25.06.2016 resolved that the petitioner should use his Designation as Secretary Islamabad High Court Bar Association instead of Secretary General, Islamabad High Court Association as provided in Rule 175(H) of Pakistan Legal Practitioners and Bar Councils Rules, 1976. Subsequently on 22.10.2016 it…
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