P L D 2014 Lahore 324 (PLP)

IBAD-UR-REHMAN LODHI, J.

The petitioners are aggrieved of the insertion of Rule 175-H(c) in the Pakistan Legal Practitioners and Bar Councils Rules, 1976, which for the convenience is re-produced herein-below:-- "175-H Code of conduct for contesting Election of Bar Association:- (a) No contesting candidate or his supporter shall canvass for votes through advertisements, banners, placards, stickers and posters. (b) No meal/lunch/dinner by a contesting candidate or his supporter will be given to voters directly or indirectly in connection with election campaign. (c) It shall be the pre-requisite that contesting candidate for an office of Bar Association is purely a professional practicing Advocate and is member of the Bar Association concerned for not less than three years having active length of practice as under:- Post Length of Practice President (i) 10 years in case of Tehsil/ Taluka Bar Association; and (ii) 15 years in case of District and/or High Court Bar Association. Vice-President (i) 7 years in case of Tehsil/Taluka Bar Association; (ii) 10 years in case of District Bar Association; and (iii) 12 years in case of High Court Bar Association. Secretary (i) 5 years in case of Tehsil/Taluka Bar Association; (ii) 7 years in case of District Bar Association and (iii) 10 years in case of High Court Bar Association Other offices i.e. Finance Secretary Library Secretary/Members, Executive Committee 3 years Explanation:- (i) To meet the requirement being of a professional practicing Advocate the candidate shall file certified copies of powers of attorney at least of 15 cases per year relating to preceding 3 years; and (ii) The length of practice as mentioned above means practice as an Advocate of Subordinate Courts for contesting election against an office of the District/Taluka Bar Association and practice as an Advocate of the High Court for contesting election for an office of the High Court for contesting election for an office of the High Court Bar Association.

2. The learned counsel appearing for the petitioners has argued on two fold basis. Firstly, he is of the view that the Pakistan Bar Council is not competent to insert such rules by making amendments in the already existing rules and secondly he has termed the newly added rule as one hit by the provision of Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973.

3. The Pakistan Bar Council is a body competent to make rules in view of section 55 of Legal Practitioner and Bar Councils Act, 1973 (XXXV of 1973). Section 13 of the said Act provides the functions of Pakistan Bar Council. Clause (ld) of section 13 gives power to Pakistan Bar Council to give directions in accordance with the provisions of the Act to the Provincial Bar Council in respect of the recognition, de-recognition and functioning of the Bar Association. What emerges from the joint reading of section 13(1d) and section 55 of the Act is that Pakistan Bar Council is competent to make rules regulating the functioning of the Bar Association and by no stretch of imagination, it would be argued that said Council lacks any jurisdiction to make rules in this regard.

4. The newly inserted Rule 175(H) provides different length of practice for different offices of Bar Association and intention behind such insertion is obvious as to enhance the professional status of the legal fraternity and its elected bodies. The rule, under challenge, is not discriminatory in nature for the reason that the equal protection of law is available to similarly placed persons and the learned counsel for the petitioners has failed to point out as to whether any person or any class of persons on the basis of some discriminatory attitude is being deprived to contest election for the office of any Bar Association and a similarly placed person or class of persons at the same time is being permitted to participate in the elections. The fundamental rights provided in Chapter-I of the Constitution are always enforceable subject to reasonable restriction of law and when a competent body has introduced certain conditions for the persons aspiring for different offices of Bar Association, it cannot be said that the same are violative to any fundamental right.

5. The Pakistan Bar Council is the supreme elected body of the lawyers community and it is high time that discipline in elected bodies of lawyers be once again introduced and insertion of Rule 175-H in Pakistan Legal Practitioners and Bar Councils Rules, is a step towards such positive efforts, which must be appreciated instead of criticizing.

6. The fresh entrants in the profession must first focus on use of all their energies to become a good lawyer. Once one becomes a good lawyer, the offices will be offered by the community itself to such a good lawyer and he should not be a claimant himself for such office. The real grace is to become a good lawyer. The fresh entrants in the profession must be desirous to achieve such noble goal. The offices of Bar Association for a reputed lawyer are immaterial. One must have command not only in lawyer community but in public at large with a repute of a good lawyer and this will be the beauty of a lawyer. A member of the Bar should wait for the time that he reached to a destination, when the consensus of the Bar invites him to grace the office of Bar Association instead of asking for such office, in order to add some grace in his person by virtue of such office.

7. The Bar Council has taken a positive and healthy step in order to maintain the discipline and dignity in the Bar Association and that should not be discouraged.

8. I find no force in this writ petition filed by the fresh entrants in the Bar Association and the same is dismissed. MWA/F-7/L Petition dismissed.