Law: Legal Practitioners and Bar Councils Act, 1973

Section: 10,41,43,44

Law: Punjab Legal Practitioners and Bar Councils Rules, 1974

Section: R.4.11,6.1

Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----Ss.10, 41, 43 & 44---Punjab Legal Practitioners and Bar Council Rules, 1974, Rr. 4.11 & 6.1---Complaint---Jurisdiction to adjudicate---Scope---Executive Committee of Provincial Bar Council entertained complaint against advocate and directed to get criminal case registered against the accused advocate and further directed to refer the matter to Disciplinary Committee for onward submission of case to Misconduct Tribunal---Validity---Nowhere, in Legal Practitioners and Bar Councils Act, 1973 and Punjab Legal Practitioners and Bar Council Rules, 1974, framed by Pakistan Bar Council, the Executive Committee had been given powers to entertain any complaint against advocate---Only the Disciplinary Committee could entertain a complaint against advocate on its Roll for commission of misconduct---Disciplinary Committee either could reject the complaint summarily, if complaint was by private individual, or forward the same to Misconduct Tribunal for award of punishment or otherwise---In any case Executive Committee had no authority to entertain such complaint---Order passed by Executive Committee on complaint filed against accused advocate was without jurisdiction and the same was set aside---Appeal Committee of Pakistan Bar Council remanded the matter to 'Provincial Bar Council for placing same before concerned committee for decision afresh---Appeal was allowed accordingly. THIS ORDER PASSED BY: PERVAIZ INAYAT MALIK (MEMBER).--- This appeal is directed against the order, dated 242-2006 passed by learned Executive Committee of the Punjab Bar Council, Lahore vide which the complaints filed against the appellant, by the respondents were accepted and a criminal case was directed to be registered against Mr. Ilyas Hussain Rehan present appellant, with a further direction to refer the matter to the disciplinary committee of Punjab Bar Council, for onward submission to the Misconduct Tribunal. For ready reference the operative para. No.9 of the impugned order is reproduced hereunder:--- "(9) In the light of the above observations, the three petitions filed by Messrs Muhammad Aslam Cheema, Sakeena Bibi and…

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