Law:

Section:

Legal Practitioners and Bar Councils Rules, 1976----R. 173---Soldiers Litigation Act (IV of 1925), Ss. 7 & 12---Professional misconduct---On filing suit for maintenance and custody of children by plaintiff/wife, Family Court issued summons against defendant husband who was serving in Army---Brother of defendant husband wrote a letter to Judge Family Court on behalf of Commanding Officer that defendant being committed on operational military exercise, was not in a position to attend Court on date fixed for appearance with a request that case be adjourned to some other date--­Advocate representing plaintiff wife obtained a copy of letter (produced by brother of defendant to Family Court) and addressed a letter to complainant/brother of defendant seeking verification of that letter--­Complainant/brother of defendant had alleged in complaint filed before N.-W.F.P. Bar Council that Advocate was not authorised to correspond directly with Army Personnel contending that it was violation of provision of Ss.7 & 12 of Soldiers Litigation Act, 1925 and was against provisions of Legal Practitioners and Bar Councils Act, 1973 and Rules framed thereunder--­Complainant/brother of defendant had prayed that Advocate by doing so having committed professional misconduct, suitable action should be taken against him under relevant law---Held, only embargo placed on acts of an Advocate under 8.173 of Legal Practitioners and Bar Councils Rules, 1976 was that he could not communicate with nor could appear before a Public Officer without first disclosing his identity as an Advocate---Advocate having disclosed his identity as an Advocate/counsel for plaintiff wife, had not committed any professional misconduct as alleged by complainant/brother of defendant---Respondent Advocate had categorically written that he was seeking the verification of alleged letter, being counsel for plaintiff-wife, case was not hit by 8.173 of Legal Practitioners and Bar Councils Rules, 1976. JUDGMENT MUHAMMAD ALAM (MEMBER).--- On 8th August, 1996, Major Muhammad Arif filed a complaint in the N.-W.F.P. Bar Council, Peshawar against respondent No.l Mr. Sardar Bahadur Khan, Advocate Swabi, alleging…

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