Law: Legal Practitioners and Bar Councils Act, 1973

Section: 13(2)

Law: Constitution of Pakistan, 1973

Section: 199

Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973)-- ----S. 13(2)--Constitution of Pakistan, 1973, Art. 199--Right of appeal--Alternate remedy--Maintainability--Counsel has conceded to this fact and has not been able to give any plausible explanation as to non-availing of such remedy and maintainability of petition--Placing afore-noted case law in juxtaposition with facts of present case, it is manifest that under sub-section (2) of S. 13 of Act a right of appeal has been provided to petitioners against order passed by Respondent No. 1, which they have failed to avail, therefore, this petition is not maintainable--Another aspect which makes this petition not maintainable is that against Bar Councils and/or its functionaries (including Punjab Bar Council) a writ petition is not maintainable. [Pp. 291 292] A, B C PLD 2010 SC 969 2020 SCMR 631. ORDER Through this petition order dated 08.01.2021 passed by Respondent No. 1 has been assailed. 2. At the outset of hearing, learned counsel has been confronted with the proposition that since an alternate efficacious remedy under sub-section (2) of Section 13 of the Legal Practitioners and Bar Councils Act, (XXXV of 1973) (ACT) is available to the petitioners against the order passed by Respondent No. 1 by way of filing an appeal before the Pakistan Bar Council, therefore, this petition is not maintainable. 3. Learned counsel has conceded to this fact and has not been able to give any plausible explanation as to non-availing of such remedy and the maintainability of this petition. 4. Arguments heard. Record perused. 5. The Honourable Supreme Court of Pakistan in its judgment reported as Government of Sindh through Secretary Education and Literacy Department and others v. Nizakat Ali and others (2011 SCMR 592) has held that every Court prior to taking cognizance of and adjudicating upon an issue should first resort to the question of assumption of jurisdiction of the Court. If it comes to the conclusion that jurisdiction can be assumed only then it…

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