Law: Pakistan Legal Practitioners and Bar Councils Rules, 1976

Section: 175-B , 175-E

Pakistan Legal Practitioners and Bar Councils Rules, 1976---

----Rr. 175-B & 175-E---Strikes called by Bar Councils---Defiance---Initiation of disciplinary action against lawyers---Vires---Petitioner was aggrieved of frequent calls of strikes by Bar Council and taking of action against lawyers not attending to the call of strike---Validity---It was duty of every advocate, who had accepted a brief, to attend trial or proceedings of the Court, even though it might go on day to day and for a prolonged period---No force or coercion could be employed against lawyers who were not in agreement with the strike call and wanted to discharge their professional duties---Non-observance/defiance of decisions/instructions of Pakistan Bar Council by any Bar Council or Bar Association or any member of Bar/Advocate relating to strike, restraining lawyers from appearance in Courts of law in discharge of their professional obligations considering appearance of lawyers in Courts of law on day of strike as gross professional misconduct, making them liable for disciplinary action under R. 175-B of Pakistan Legal Practitioners and Bar Council Rules, 1976, would offend the provisions of Arts. 4, 8 & 18 of the Constitution---High Court struck down the provision of R. 175-B of Pakistan Legal Practitioners and Bar Council Rules, 1976 to such extent---Constitutional petition was allowed accordingly.

Bharat Kumar K. Paricha and another v. State of Kerala and others (1998) (1) SCC 201; Lt. Col. S. J. Chaudhary v. State (Delhi Administration) (1984) 1 SCC