Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan, 1973-- ----Art. 185(3)--Disqualification from appointment as Additional Session Judge--Suspension of name as advocate by KPK Bar Council--Writ petition--Dismissed--Lacking of requirement for appointment--Challenge to--Name of advocate being struck off from Roll of Advocates, apparently, means that he is no more practicing advocate under Legal Practitioners and Bar Councils Act, 1973, and cannot claim himself to be a practicing advocate--Advertisement for appointment to post of ASJ specifically require candidate to be a practicing advocate, which condition was not fulfilled by petitioner was not a practicing advocate at time when he applied for being appointed to post of ASJ, thus, was not eligible for being appointed--The question of petitioner continuing practice and filing his WakalatNamas even after his name had been struck off from roll of advocates, is a matter which is to be attended to by KPK Bar Council and KPK Bar Council should take notice of such fact and take action as per law--Petition dismissed. [P. 151] A, B ,  C JUDGMENT Gulzar Ahmed, CJ.--The Peshawar High Court, Peshawar (the High Court) had invited applications for the post of Additional and District Sessions Judges. The petitioner applied for the said post and appeared in the written examination, which the petitioner claimed to have been qualified. The interview was scheduled and the petitioner was also called for the interview but subsequently, the petitioner was not interviewed rather his documents were sent to the Khyber Pakhtunkhwa Provincial Bar Council for verification. Pursuant thereto, it was found that the petitioner’s name has been struck off from the Roll of the Advocates vide Khyber Pakhtunkhwa Bar Council order dated 24.08.2013. The petitioner was, thus, disqualified from being appointed to the post of Additional District and Sessions Judge. The petitioner filed a writ petition in the High Court with a prayer that he may be allowed to appear in the interview and may be considered for the post of Additional District and Sessions Judge on merit. By the impugned judgment dated 23.10.2017, the writ petition of the petitioner was dismissed. 2. The…

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