| Citation(s) |
|---|
| 2022 SLG 1551 2022 SLD 1551 2022 PLJ 282 |
Lahore High Court
W.P. No. 63835 of 2021, decided on 26.1.2022.
ABID AZIZ SHEIKH, J.
Petitioner in Person. Barrister Tayeeb Jan, Assistant Advocate-General, Punjab for
Respondent.
W.P. No. 63835 of 2021, decided on 26.1.2022.
ABID AZIZ SHEIKH, J.
Petitioner in Person. Barrister Tayeeb Jan, Assistant Advocate-General, Punjab for
Respondent.
MARATIB ALI ALVI
VS
PUNJAB BAR COUNCIL through ChairmaN---Respondent
Law: Legal Practitioners and Bar Councils Act, 1965
Section: 5,17
Law: Constitution of Pakistan, 1973
Section: 199
Legal Practitioners , Bar Councils Act, 1973 (XXXV of 1973)-- ----Ss. 5 , 17--Constitution of Pakistan, 1973, Art. 199--Subscription of General and Benevolent Fund--Statutory body--Independently generation of funds--Ex-officio Chairman of Punjab Bar Council--Functions of Punjab Bar Councils were not connection with affairs of Provincial or Federal Government--Applicability of s of Supreme Court to Punjab Bar Council--Maintainability--Under Section 5 of Act, provincial Bar Council shall consist of Advocate-General of Province and such number of members as may be elected by Advocates on Provincial roll--Under provision of Act like Pakistan Bar Council, Punjab Bar Council is also a statutory body but same is autonomous and generates its own funds independently--Other than Advocate General of Province being ex-officio member and Chairman of Punjab Bar Council, nothing in Act suggests that any administrative or financial control is being exercised by Federal or Provincial governments over affairs of Punjab Bar Council--Punjab Bar Council is not performing any functions in connection with affairs of Federation or Province or a local authority--Therefore, for purpose of maintainability of this Constitutional petition, status of Punjab Bar Council will be same as that of status of Pakistan Bar Council as settled by Hon’ble Supreme Court of Pakistan--Law settled by Hon’ble Supreme Court is squarely applicable to Punjab Bar Council, which is also an autonomous private body without any Government control, though constituted under Act, this Constitutional petition against Punjab Bar Council is not maintainable--Petition dismissed. 2021 SCMR 425 , 2020 SCMR 631 ref. JUDGMENT This Constitutional petition has been filed against the Punjab Bar Council for directing it, not to charge exorbitant amount of subscription of General Fund and Benevolent Fund and consequently issue Bar Council license forthwith to the petitioner. 2. Learned Law Officer, at the very outset, raised preliminary objection that Punjab Bar Council being not performing any function in connection with the affairs of the Federation, a Province or local authority, this Constitutional petition…
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