Case Details

Citation(s)
2017 SLG 1317 2017 SLD 1317 2017 PLD 59
High Court (AJ&K)
Writ Petition No. 813 of 2017, decided on 12th June, 2017.
MUHAMMAD SHERAZ KIANI, JUSTICE, SADAQAT HUSSAIN RAJA, JUSTICE

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MUJAHID HUSSAIN NAQVI

VS

AZAD JAMMU AND KASHMIR BAR COUNCIL THROUGH CHAIRMAN///VICE CHAIRMAN///MEMBERS///SECRETARY BAR COUNCIL SECRETARIAT AND 6 others

Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)- ---.----S. 44---.---Azad Jammu and Kashmir Legal Practitioners Bar Council Act (XXX of 1995), Ss. 38 & 51---.---Azad Jammu and Kashmir Supreme Court Rules, 1978, Rr. 27 & 26---.---Writ petition---.---Maintainability---.---Petitioner, who was a member of the Azad Jammu and Kashmir Bar Association, impugned notification issued by the Azad Jammu and Kashmir Bar Council whereby license to practice of the petitioner had been cancelled on account of stricture against the petitioner passed by the Supreme Court of Azad Jammu and Kashmir---.---Validity---.---Stricture on basis of which the impugned notification was issued, could not be expunged by the High Court---.---Petitioner, however, could prefer a review before the Supreme Court of Azad Jammu and Kashmir for expunging of the said remarks within the prescribed limitation period under the Azad Jammu and Kashmir Supreme Court Rules, 1978-Writ petition before High Court was therefore not maintainable and was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: M. TABASSUM AFTAB ALVI, CHIEF JUSTICE:---.--- The supra titled writ petition has been addressed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 whereby vires of the impugned notification dated 05th April, 2017, through which license of Advocacy of petitioner was cancelled by the Azad Jammu and Kashmir Bar Council, on the basis of stricture made by the apex Court through its order dated 21st March, 2017, has been challenged for having been issued as without lawful authority. 2. Precise facts culminating into filing of the instant writ petition are that petitioner was enrolled as an Advocate of the High Court on 14th September, 1981. After completing prescribed period of practice, he was enrolled as an Advocate of the Supreme Court on 23rd July, 1983. The apex Court previously referred the matter of misconduct of petitioner to the Bar Council under Section 38 by suspending his legal practice while exercising powers under Section 51 of the Azad Jammu and Kashmir Bar Council Act, 1995, through judgment dated 11th May, 2010. However, as Disciplinary Committee…
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