Law: Constitution of Pakistan, 1962

Section: 98,6,133(3)

Law: Bar Councils Act (XXXVIII of 1916)

Section: 10

In the matter of: Syed AKHLAQUE HUSAIN, ADVOCATE   Constitution of Pakistan (1962), [as amended], Arts. 98, 6 & 133 (3)-Vires of enactment challenged-Reliefs mentioned in Art. 98 not appropriate remedy-Petitioner can claim relief by way of declaration that Fundamental Right conferred by Constitution is not affected by that particular enactment -High Court for purpose of granting or withholding such declaration competent to consider and give finding on question of vires of impugned enactment qua rights of petitioner.   Mr. Fazlul Quader Chowdhry v. Mr. Muhammad Abdul Haque P L D 1963 S C 486 ref.   Bar Councils Act (XXXVIII of 1916), S. 10-Legal Practitioner-Cannot be removed from practice except on grounds enumerated in section-Legal Practice (Disqualifications) Ordinance (II of 1964), S. 3.   Section 10 (1) of the Bar Councils Act, 1926, lays down that the High Court may, in the manner provided, reprimand, suspend or remove from practice any Advocate of the High Court whom it finds guilty of professional or other misconduct. No provision exists in the Act for removal from practice on any other ground. To become Judge of a High Court can, by no stretch of imagina tion, be such a misconduct. In disqualifying Judges from pleading' or acting in the High Court the Legal Practice (Disqualifications) Ordinance, 1964 has, in effect, partially disbarred them and their disbarment is clearly not on the ground of misconduct.   Bar Councils Act (XXXVIII of 1926)-----Basic enactment governing admission of persons as Advocate-Right to practice in High Court-Matter within exclusive jurisdiction of High Court and Bar Council.   The basic enactment by which admission of persons as Advocates of High Court is governed is the Bar Councils Act, 1926. The determination of the right of an Advocate to practice in a High Court is intended by the Act to be a matter within the exclusive jurisdiction of that Court and the Bar Council.   Legal Practitioner----General law relating to and principles governing admission to practice-Examined.   Bar Councils Act (XXXVIII of 1916)----Scheme of Act in concord with system prevailing in U, S, A.…