Case Details

Citation(s)
1992 SLG 1523 1992 SLD 1523 = 1992 PLD 398
Supreme Court of Pakistan
Suo Motu Review Petition No.19 of 1992 in Civil Petition for Leave to Appeal No.224 of 1991, decided on 15th April, 1992. [(On suo motu review of the Order of the Court, dated 28th October, 1991, relating to a Certificate of the petitioner in Civil Petition No.224 of 1991, (See PLD 1992 SC 62)].
Presented By: ------- Present: Muhammad Afzal Zillah, CJ., Muhammad Afzal Lone and Wali Muhammad Khan, JJ
Ejaz Ahmad Khan, Advocate-on-Record for Petitioner (in Civil Petition No.224 of 1991).

MUHAMMAD MUSTAFA---Petitioner

VERSUS

EXCISE     AND     TAXATION    OFFICER     and     another--- Respondents

Law:

Section:

Constitution of Pakistan (1973)--- ----Arts. 188 & 185(3)---Supreme Court Rules, 1980, O.XXVI, R.1---Review by Supreme Court---Petition for leave to appeal against interim order of High Court was filed at Rawalpindi instead of Lahore, where petitioner, his counsel and Advocate-on-Record were residing or carrying on business---While dismissing petition for leave to appeal petitioner's counsel was directed by Supreme Court that his client having been burdened with additional costs for filing the petition at Rawalpindi he (counsel) should place on record a certificate from the petitioner that he (petitioner) had been compensated for unnecessary expenditure if any, incurred by him on filing of petition at Rawalpindi, failing which Registrar of the Court was directed to initiate proceedings against the counsel for professional misconduct ---Advocate-on-Record in the case, however, filed a certificate though belated, stating therein that the petition in question was filed at Rawalpindi at the insistence and specific solicitation of the petitioner who himself was an Advocate, was extremely worried and wanted to obtain an immediate interim relief/stay order---Review application though was not maintainable but Supreme Court instead of rejecting same on technical grounds found the case to be fit one for exercising its discretionary suo motu review jurisdiction as the case involved the conduct and career of two members of the honourable profession of law--Held, reasons stated in certificate filed by A.O.R. could now be interpreted in a certain manner, but that would not reflect on the conduct of either of the counsel as they could not be aware of all the motivations of the client and thus counsel now stood absolved, in the light of the certificate filed by the A.O.R: -Such certificate should and could have been furnished by the A.O.R. even if not by the Advocate---Supreme Court, keeping in view its assessment of Advocate-General's conduct and demeanour in the Court, which had almost always been not only good but also pleasant, decided not to insist on a certificate from him also.   Ejaz Ahmad Khan, Advocate-on-Record for Petitioner (in Civil Petition…
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