Law: Constitution of Pakistan 1973

Section: 43 , 47 , 48

Law: Legal Practitioners and Bar Councils Act, 1973

Section:

  Constitution of Pakistan (1973)-- ----Art. ' 199---Scope---Factual controversy---Proper forum---High Court under its constitutional jurisdiction could not enquire into factual controversy---Where factual controversy was involved, petitioner could seek his redress in competent Court of law. Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----Ss. 43, 47 & 48---Constitution of Pakistan (1973), Art.199---Constitutional petition---Alternate adequate remedy---Non-availing of---Effect---Petitioner facing trial for committing "professional misconduct" before Tribunal of Bar Council presided over by Judge of High Court---Petitioner seeking indulgence of High Court for quashing of proceedings before Tribunal of Bar Council-- Decision of Tribunal headed by Judge of High Court could be challenged in appeal before Pakistan Bar Council---Constitutional jurisdiction of High Court could only be invoked when there was no other adequate remedy available to aggrieved person---Right of appeal before Pakistan Bar Council was adequate remedy by all means---Tribunal of Bar Council had recorded evidence and had given full opportunity of cross-examining witnesses who had appeared against petitioner---Petitioner would be entitled to raise any factual ground' or legal objection before Tribunal---Constitutional petition against proceedings before Tribunal was not only not maintainable but was also premature in circumstances. Allah Bakhsh and another v. Muhammad Ismail and others 1987 SCMR 810; Malik Firoz Khan Noon v. The State PLD 1'958 SC (Pak.) .333 and Goonesinhu v Kretser AIR 1945 PC 83 ref. Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----S. 48---Constitution of Pakistan (1973), Art.199---Constitutional petition--- /Order in the nature of certiorari sought to be issued against proceedings of Tribunal of Bar Council headed by Judge of High Court ---Maintainability-- Order of certiorari which   was in nature of revisional order could only be issued to inferior Court and such order could not be issued by superior. Court to bring up order made by Judge of that Court. Malik Firoz Khan Noon v. The State PLD 1958 SC (Pak.) 333…