| Citation(s) |
|---|
| 2018 SLG 2206 2018 SLD 2206 2018 SCMR 1891 |
Supreme Court of Pakistan
C. P. No. 134 of 2012 and Civil Misc. Application No. 1864 of 2010 in Constitutional Petition No. 9 of 2005 and Civil Misc. Applications Nos. 1939 of 2014, 5959 of 2016, 4095, 1793, 2876, 2996, 3014 and 6672 of 2018 in Constitutional Petition No. 134 of 2012 and Civil Misc. Applications Nos. 3034, 3048, 3051 and 6247 of 2018 in Civil Misc. Application No. 1864 of 2010, decision Dated: 31-08-2018. Dates of hearing: 20th and 24th August 2018 at Lahore and 28th August, 2018 at Islamabad.
UMAR ATA BANDIAL, JUSTICE IJAZ UL AHSAN, JUSTICE
Hamid Khan, Senior Advocate Supreme Court, M. Anwar Kamal, Senior Advocate Supreme Court, Zafar Iqbal Kalanori, Advocate Supreme Court, Muhammad Arshad, Secy. PBC, Muhammad Ahsan Bhoon, Advocate Supreme Court and M. Shoaib Shaheen, Advocate Supreme Court and Ch. Zulfiqar Ahmed Khan, Advocate Supreme Court in attendance. Ms. Bushra Qamar, Advocate Supreme Court for Chairperson Executive Committee, Punjab Bar Council. Bilal Ahmed Qazi, Advocate Supreme Court for Islamia University BWP. Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court and M. Akhtar Ali, Advocate Supreme Court for K.P. Private Law Colleges. Zafar Iqbal, Ch. Advocate Supreme Court for Topper Law College. Rai Bashir Ahmed, Advocate Supreme Court (in C.M.As. 1844 and 6247/2018). Rai M. Nawaz Kharral, Advocate Supreme Court (in C.M.A. No. 6722/18). Zafarullah Khan Khakwani, Advocate Supreme Court, Dr. Amanullah, Chairman, Affiliation Committee, BZU and Ch. Muhammad Umar, Registrar BZU for BZU. Munir Ahmed Khan Kakar, Advocate Supreme Court and Raja Abdul Rehman, Advocate Supreme Court for Zargoon Law College. Riasat Ali Azad, Advocate Supreme Court for Alfalah Law College/Kashmor Law College. M. Ikram Chaudhry, Senior Advocate Supreme Court (in C.M.As.4012 and 4013/2018). M. Qasim Mirjat, Advocate-on-Record (in C.M.A.4094/2018). Junaid Akhtar, Advocate Supreme Court (in C.M.A.2996/2018). Waseem-ud-Din Khattak, Advocate Supreme Court for University of Peshawar. Zulfiqar Ahmed Bhutta, Advocate Supreme Court for Pakistan College of Law. Fawad Saleh, Advocate Supreme Court for Coles Law College. M. Faseeh ud Din Wardag, Advocate Supreme Court for Jalawan Law College, Khuzdar. Amanullah Qazi, Director, Intelligence Law College, Moro, Sindh, Faisal Javed, VC School of Law, Lahore, Hassan Fareed, Legal Advisor, University of Management and Technology, Lahore. Saleem Akhtar Warraich, Advocate Supreme Court, Aftab Sohail, College of Law, Gujranwala and M. Afzal Khan, Advocate Supreme Court for Pakistan Law College, Lahore. Nafeer A. Malik, Advocate Supreme Court Principal Quaid-e- Azam Law College, Lahore. Rana Ali Akbar, Advocate for Topper Law College. Mushtaq Ahmed Mohal, Advocate Supreme Court, Sh. Irfan Akram, Advocate Supreme Court and Mrs. Tasneem Amin, Advocate- on-Record for Institute of Law. Ahmed Qayyum, Advocate Supreme Court for Lahore Law College. Abbas Mirza, Advocate Supreme Court for Farabee Law College. Dr. Khalid Ranjha, Senior Advocate Supreme Court for Punjab University. Anwar ul Haq Pannu, Advocate Supreme Court, Qaiser Amin Rana, Advocate Supreme Court, Mian Tariq Manzoor, Advocate Supreme Court, Sardar Muhammad Aslam, Advocate Supreme Court, Faiz Ahmed Jandran, Advocate Supreme Court. Barrister Adnan Sheikh, Advocate Supreme Court for Topper Law College, Lahore. Mushtaq Ahmed Mohal, Advocate Supreme Court for PSC. Malik Matiullah, Advocate Supreme Court for Asian Law College. Malik Anique Khattana, Advocate Supreme Court (in C.M. A.3046/18). Rana M. Arif, Advocate Supreme Court (in C.M.A. 2475-L of 2018). Ashfaq Bhullar, Advocate Supreme Court and Rai M. Nawaz Khan Kharral, Advocate Supreme Court for Qarakuram Law College/CM A-6722/18. Sajid Ilyas Bhatti, Addl. Attorney General for Pakistan assisted by Barrister Menal Tariq, Qasim Ali Chohan, Addl. A.G. Pb., Shehryar Qazi, Addl. A.G. Sindh, Malik Akhtar Hussain Awan, Addl. A.G. KP, Ayaz Swati, Addl. A.G. Balochistan, Syed Naveed Abbas, Advocate Supreme Court, Aftab Mustafa, Advocate Supreme Court for
Respondent No. 7 on Notice. Waseem Hashmi, Advisor, HECP, Asif Munir, Director, HECP and Raja Abdul Ghafoor, Advocate-on-Record for HECP on Notice.
C. P. No. 134 of 2012 and Civil Misc. Application No. 1864 of 2010 in Constitutional Petition No. 9 of 2005 and Civil Misc. Applications Nos. 1939 of 2014, 5959 of 2016, 4095, 1793, 2876, 2996, 3014 and 6672 of 2018 in Constitutional Petition No. 134 of 2012 and Civil Misc. Applications Nos. 3034, 3048, 3051 and 6247 of 2018 in Civil Misc. Application No. 1864 of 2010, decision Dated: 31-08-2018. Dates of hearing: 20th and 24th August 2018 at Lahore and 28th August, 2018 at Islamabad.
UMAR ATA BANDIAL, JUSTICE IJAZ UL AHSAN, JUSTICE
Hamid Khan, Senior Advocate Supreme Court, M. Anwar Kamal, Senior Advocate Supreme Court, Zafar Iqbal Kalanori, Advocate Supreme Court, Muhammad Arshad, Secy. PBC, Muhammad Ahsan Bhoon, Advocate Supreme Court and M. Shoaib Shaheen, Advocate Supreme Court and Ch. Zulfiqar Ahmed Khan, Advocate Supreme Court in attendance. Ms. Bushra Qamar, Advocate Supreme Court for Chairperson Executive Committee, Punjab Bar Council. Bilal Ahmed Qazi, Advocate Supreme Court for Islamia University BWP. Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court and M. Akhtar Ali, Advocate Supreme Court for K.P. Private Law Colleges. Zafar Iqbal, Ch. Advocate Supreme Court for Topper Law College. Rai Bashir Ahmed, Advocate Supreme Court (in C.M.As. 1844 and 6247/2018). Rai M. Nawaz Kharral, Advocate Supreme Court (in C.M.A. No. 6722/18). Zafarullah Khan Khakwani, Advocate Supreme Court, Dr. Amanullah, Chairman, Affiliation Committee, BZU and Ch. Muhammad Umar, Registrar BZU for BZU. Munir Ahmed Khan Kakar, Advocate Supreme Court and Raja Abdul Rehman, Advocate Supreme Court for Zargoon Law College. Riasat Ali Azad, Advocate Supreme Court for Alfalah Law College/Kashmor Law College. M. Ikram Chaudhry, Senior Advocate Supreme Court (in C.M.As.4012 and 4013/2018). M. Qasim Mirjat, Advocate-on-Record (in C.M.A.4094/2018). Junaid Akhtar, Advocate Supreme Court (in C.M.A.2996/2018). Waseem-ud-Din Khattak, Advocate Supreme Court for University of Peshawar. Zulfiqar Ahmed Bhutta, Advocate Supreme Court for Pakistan College of Law. Fawad Saleh, Advocate Supreme Court for Coles Law College. M. Faseeh ud Din Wardag, Advocate Supreme Court for Jalawan Law College, Khuzdar. Amanullah Qazi, Director, Intelligence Law College, Moro, Sindh, Faisal Javed, VC School of Law, Lahore, Hassan Fareed, Legal Advisor, University of Management and Technology, Lahore. Saleem Akhtar Warraich, Advocate Supreme Court, Aftab Sohail, College of Law, Gujranwala and M. Afzal Khan, Advocate Supreme Court for Pakistan Law College, Lahore. Nafeer A. Malik, Advocate Supreme Court Principal Quaid-e- Azam Law College, Lahore. Rana Ali Akbar, Advocate for Topper Law College. Mushtaq Ahmed Mohal, Advocate Supreme Court, Sh. Irfan Akram, Advocate Supreme Court and Mrs. Tasneem Amin, Advocate- on-Record for Institute of Law. Ahmed Qayyum, Advocate Supreme Court for Lahore Law College. Abbas Mirza, Advocate Supreme Court for Farabee Law College. Dr. Khalid Ranjha, Senior Advocate Supreme Court for Punjab University. Anwar ul Haq Pannu, Advocate Supreme Court, Qaiser Amin Rana, Advocate Supreme Court, Mian Tariq Manzoor, Advocate Supreme Court, Sardar Muhammad Aslam, Advocate Supreme Court, Faiz Ahmed Jandran, Advocate Supreme Court. Barrister Adnan Sheikh, Advocate Supreme Court for Topper Law College, Lahore. Mushtaq Ahmed Mohal, Advocate Supreme Court for PSC. Malik Matiullah, Advocate Supreme Court for Asian Law College. Malik Anique Khattana, Advocate Supreme Court (in C.M. A.3046/18). Rana M. Arif, Advocate Supreme Court (in C.M.A. 2475-L of 2018). Ashfaq Bhullar, Advocate Supreme Court and Rai M. Nawaz Khan Kharral, Advocate Supreme Court for Qarakuram Law College/CM A-6722/18. Sajid Ilyas Bhatti, Addl. Attorney General for Pakistan assisted by Barrister Menal Tariq, Qasim Ali Chohan, Addl. A.G. Pb., Shehryar Qazi, Addl. A.G. Sindh, Malik Akhtar Hussain Awan, Addl. A.G. KP, Ayaz Swati, Addl. A.G. Balochistan, Syed Naveed Abbas, Advocate Supreme Court, Aftab Mustafa, Advocate Supreme Court for
Respondent No. 7 on Notice. Waseem Hashmi, Advisor, HECP, Asif Munir, Director, HECP and Raja Abdul Ghafoor, Advocate-on-Record for HECP on Notice.
PAKISTAN BAR COUNCIL THROUGH CHAIRMAN AND OTHERS
VS
FEDERAL GOVERNMENT THROUGH ESTABLISHMENT DIVISION AND OTHERS
Law: Legal Practitioners and Bar Councils Act, 1973
Section: 13(1)(j)
Law: Pakistan Bar Council Legal Education Rules, 2015
Section: ChapterII,IV,V,VI
THIS ORDER PASSED BY: UMAR ATA BANDIAL, JUSTICE:---.--- CONSTITUTION PETITION NO. 134 OF 2012 AND CIVIL MISC. APPLICATION N0.1864 OF 2010 IN CONSTITUTION PETITION NO. 9 OF 2005. The Rule of law in our country is a bedrock of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution"). The Judicature has a Constitutional duty to enforce the Rule of law to safeguard the Constitution. In our legal system the Courts perform dispute resolution in accordance with the Constitution and the substantive and procedural law laid down thereunder. The system flourishes by positive and productive cooperation between the Bar and the Bench for the ascertainment of the truth and decision of controversies according to the relevant and applicable law. An independent, competent, honest and industrious Judicature requires an equally independent, dynamic, honest and dedicated Bar in order to effectively provide justice in accordance with law to all members of the society. 2. Over the years, the legal profession has attracted more and more people as a career of choice. This has led to a growing demand for institutions imparting legal education to train lawyers for the Bar and the Judiciary. Notwithstanding that the standards of proficiency for entry to the Bar since the last 45 years is regulated by Legal Practitioners and Bar Councils Act, 1973 ("Act"), careful monitoring, supervision and enforcement of such standards has been lacking due to complacency and neglect. It was in these circumstances that this Court considered the matter of declining standards of legal education in Pakistan Bar Council v. The Federal Government and others (PLD 2007 SC 394) ("PBC Judgment") and delivered a momentous judgment mandating sound professional training and skill in both academic and vocational disciplines to be essential attributes for ensuring good advocacy. In this behalf, it was identified that the Pakistan Bar Council ("PBC") established under the Act and the Higher Education Commission of Pakistan ("HECP") established under the Higher Education Commission Ordinance, 2002 are the key regulators to supervise and enforce professional standards in legal education. 3. Pursuant to the…
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