Case Details

Citation(s)
2018 SLG 322 2018 SLD 322 2018 PLJ 43
High Court (AJ&K)
W.P. No. 813 of 2017, decision & hearing Date : 12.6.2017.
MUHAMMAD SHERAZ KIANI, JUSTICE, SADAQAT HUSSAIN RAJA, JUSTICE

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MUJAHID HUSSAIN NAQVI

VS

AJ&K BAR COUNCIL THROUGH CHAIRMAN/VICE CHAIRMAN/MEMBER/ SECRETARY BAR COUNCIL SECRETARIAT MUZAFFARABAD

Law:

Section:

AJ&K Legal Practitioner and Bar Council Act, 1995-- ----S. 24(2)--Dismissal from service--Cancellation of licence--Professional--Misconduct--Legal fraternity--After dismissal from service and promulgation of Act, 1995, it appears that he never informed to the Bar Council about his dismissal from service--Petitioner is not entitled to practice in the legal profession till completion of statutory period as postulated under S. 24(2) of Act, 1995--Members of legal fraternity are expected to uphold those traditions and serve society with utmost respect to Courts, sincerity and honestly, if such are expectations from a noble profession, its members must conduct themselves which may be worthy of emulation--By doing act which is contrary to accepted norms and standards foresaid professions, a member of legal fraternity not only discredits himself but also brings disrepute to profession to which he belongs--By such acts credibility and reputation of professions a whole comes under cloud--If any member of profession falls from such standards, he deserves punishment commensurate with gravity of misconduct. JUDGMENT The supra titled writ petition has been addressed under Section 44 of the Azad Jammu Kashmir Interim Constitution Act, 1974, whereby vires of the impugned notification dated 05-04-2017, through which license of Advocacy of petitioner was cancelled by the Azad Jammu 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 14-09-1981. 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 Kashmir Bar Council Act, 1995, through judgment dated 11-05-2010. However, as Disciplinary Committee could not disposed off complaint within a period…
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