P L D 2008 Supreme Court 575 (PLP)
Barrister MASROOR SHAH — Petitioner Versus N.-W.F.P. BAR COUNCIL and another — Respondents
| Citation | P L D 2008 Supreme Court 575 (PLP) |
| Forum / Court | High Court |
| Bench Members | Abdul Hameed Dogar, C.J., Ijaz-ul-Hassan Khan and Ch. Ejaz Yousaf, JJ |
| Parties | Barrister MASROOR SHAH — Petitioner Versus N.-W.F.P. BAR COUNCIL and another — Respondents |
| Primary Law | Legal Practitioners and Bar Councils Act (XXXV of 1973) |
Q1: What are the key laws and sections cited in P L D 2008 Supreme Court 575 (PLP)?
This judgment primarily cites: Legal Practitioners and Bar Councils Act (XXXV of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2008 Supreme Court 575 (PLP)?
The case was heard and decided by the High Court bench comprising: Abdul Hameed Dogar, C.J., Ijaz-ul-Hassan Khan and Ch. Ejaz Yousaf, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2008 Supreme Court 575 (PLP) (Barrister MASROOR SHAH — Petitioner Versus N.-W.F.P. BAR COUNCIL and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qari A. Rashid, Advocate Supreme Court, G.N. Gohar, Advocate-on-Record and Naeem Pervaiz, Secretary Bar Council, N.-W.F.P.
- 2. The petitioner applied to respondent No.1 i.e. N.-W.F.P. Bar Council, Peshawar, through its Secretary, for grant of licence to appear, act and plead as an Advocate to lower Courts, which was granted on 30-6-2001. The petitioner on 2-7-2001 submitted an application to respondent No.1, claiming exemption from condition of two years practice before the lower Courts in order to qualify for the grant of licence to appear, act and plead as an Advocate of the High Court, under section 27(c) of the Legal Practitioners and Bar Councils Act, 1973 (hereinafter referred to as the `Act'). The application was forwarded to the Administration Committee of the Peshawar High Court, where it remained pending adjudication for more than one and a half years. Ultimately, the exemption sought was granted and licence to practice law before the High Court was issued on 8-2-2003. The grievance of the petitioner in nutshell is, that by reason of inordinate delay caused by the respondents in adjudicating upon the petitioner's application under section 27(c) of the Act within the statutory period of six months as enunciated by law, the rights of the petitioner have been materially prejudiced.
Headnotes / Summary
S. 27(c)
North-West Frontier Province Bar Council and Legal Practitioners Rules, 1996, R.57
Constitution of Pakistan (1973), Art.185(3)
Contention of the petitioner, a Barrister, was that, by reasons of inordinate delay caused by the Provincial Bar Council in adjudicating upon his application under S.27(c), Legal Practitioners and Bar Councils Act, 1973 within the statutory period of six months as enunciated by the law, rights of petitioner had been materially prejudiced
Held, by reason of an inordinate delay caused by the Bar Council in adjudicating upon the application of petitioner within the statutory period as provided by R.5.7 of N.-W.F.P. Bar Council and Legal Practitioners Rules, 1996, the petitioner's seniority had been adversely affected without any fault on his part when the delay was not attributable to the him
Supreme Court by converting petition for leave to appeal into appeal allowed the same and set aside impugned judgment of the High Court.
Judgment & Decree
IJAZ-UL-HASSAN KHAN, J.
Through instant petition, Barrister Masroor Shah, petitioner, seeks leave to appeal against judgment dated 10-4-2007 passed by learned Peshawar High Court, Peshawar, dismissing Writ Petition No. 490 of 2007 filed by the petitioner under Article 199 of the Constitution of the Islamic Republic of Pakistan.
2. The petitioner applied to respondent No.1 i.e. N.-W.F.P. Bar Council, Peshawar, through its Secretary, for grant of licence to appear, act and plead as an Advocate to lower Courts, which was granted on 30-6-2001. The petitioner on 2-7-2001 submitted an application to respondent No.1, claiming exemption from condition of two years practice before the lower Courts in order to qualify for the grant of licence to appear, act and plead as an Advocate of the High Court, under section 27(c) of the Legal Practitioners and Bar Councils Act, 1973 (hereinafter referred to as the `Act'). The application was forwarded to the Administration Committee of the Peshawar High Court, where it remained pending adjudication for more than one and a half years. Ultimately, the exemption sought was granted and licence to practice law before the High Court was issued on 8-2-2003. The grievance of the petitioner in nutshell is, that by reason of inordinate delay caused by the respondents in adjudicating upon the petitioner's application under section 27(c) of the Act within the statutory period of six months as enunciated by law, the rights of the petitioner have been materially prejudiced.
3. We agree with the petitioner that by reason of an inordinate delay caused by the respondents in adjudicating upon the petitioner's application within the statutory period of six months as enunciated by Rule 5.7 of the N.-W.F.P. Bar Council and Legal Practitioners Rules, 1996, the petitioner's seniority in the legal profession has been adversely affected with any fault on his part. The delay is not attributable to the petitioner.
4. In view of the above, while converting the petitioner into appeal, we allow the same and set aside the impugned judgment dated 10-4-2007 of the Peshawar High Court, Peshawar. M.B.A./M-37/S Appeal allowed.