Law: Legal Practitioners and Bar Councils Act, 1973

Section: 10 , 41 , 45

  Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----Ss.10, 41 & 45---Punjab Legal Practitioners and Bar Councils Rules, 1974, R. 6.2---Constitution of Pakistan (1973), Art. 199--Constitutional petition-- Complaint for taking disciplinary action against Advocates of High Court entertained by Disciplinary Committee of Bar Council which issued notices to concerned Advocates (respondents)---Executive Committee of Bar Council withdrew complaint from Disciplinary Committee and proceeded to hold that from allegations made in complaint itself, no case for professional or any other misconduct was made out against respondents---Validity---Provisions of S.41, Legal Practitioners and Bar Councils Act, 1973 not only provide punishment but also lay down procedure for dealing with complaints against Advocates for misconduct---Disciplinary Committee of Bar Council alone had powers to summarily reject complaint after making such inquiry and giving parties such opportunity of being heard as it would consider necessary or to refer the same to Tribunal constituted under S.45, Legal Practitioners and Bar Councils Act, 1973---In matters of discipline, Disciplinary Committee would have exclusive domain, wherein Executive Committee could not intervene---Executive Committee, though repository of Executive powers vesting in Bar Council, yet it could not claim any ascendency over Disciplinary Committee---Disciplinary Committee heard petitioner's case in exercise of powers vesting in it under S.41 of the Act and not as delegatee of Executive Committee---Executive Committee did not possess power to withdraw complaint from Disciplinary Committee and dispose it of itself---Respondent's reliance on R.6.2, Punjab Legal Practitioners and Bar Councils Rules, 1974 was misplaced for it did not authorise Executive Committee to withdraw case from Disciplinary Committee and to decide the same itself---Provision of S.41 of the Act would not yield to R.6.2 framed by Punjab Bar Council---Respondents' contention that certain party should not have been impleaded would be decided by Disciplinary Committee to whom case was being referred for decision afresh on complaint of…