2009 PLP 1419 (YLR)
ABDUL HAMEED — Appellant Versus PUNJAB BAR COUNCIL through Chairman and another — Respondents
| Citation | 2009 PLP 1419 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Maulvi Anwarul Haq and Syed Asghar Haider, JJ |
| Parties | ABDUL HAMEED — Appellant Versus PUNJAB BAR COUNCIL through Chairman and another — Respondents |
Q1: What are the key laws and sections cited in 2009 PLP 1419 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 1419 (YLR)?
The case was heard and decided by the Lahore bench comprising: Maulvi Anwarul Haq and Syed Asghar Haider, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1419 (YLR) (ABDUL HAMEED — Appellant Versus PUNJAB BAR COUNCIL through Chairman and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- ----S. 26---Punjab Legal Practitioners and Bar Councils Rules, 1972, Rr.5.1 & 5.2---Law Reforms Ordinance (XII of 1972), S.3---Infra-court appeal---Application for enrolment---Appellant and the others had complained that applications for the enrolment were not even put up before the Enrolment Committee of the Punjab Bar Council and were returned as not entertainable---Appellants, contention was that their applications ought to have been decided by the Enrolment Committee of the Bar Council; so that in case it felt aggrieved, they could file appeals before the Pakistan Bar Council---Counsel for Bar Council, had no objection if the applications were filed to be considered and decided by the said Committee---Since the matter pertained to the Council/Association of the Advocates, where provision of appeal was also available and appellate powers in fact had been exercised to declare the statutory provision to he ultra vires, Intra -court appeal as well as constitutional petition were disposed of with the direction that appellant as well as the other aggrieved persons shall file their applications in the prescribed manner within 30 days and said applications were to be processed and put up before the Enrolment Committee of the Punjab Bar Council for consideration and decision.
- Imran Masood for Respondents.
- 6. Since the matter pertains to the said Council/Association of the learned Advocates wherein provision of appeal is also there and appellate powers, in fact, have been exercised to declare the statutory provisions to be ultra vires, we proceed to dispose of the ICA as well as all the said writ petitions with the directions that the appellant as well as the other writ petitioners to file their applications in the prescribed manner within 30 days from today. These applications to be processed and put up before the Enrolment Committee of the Punjab Bar Council for consideration and decision. It is hoped that the process will be completed within two months of the filing of the respective applications. Needless to state that in case the appellants and the other writ petitioners still feel aggrieved of any decision to be made in the said applications, they will have a right to agitate the matter in appeal before the competent authority in the manner prescribed. No orders as to costs.
Judgment & Decree
MAULVI ANWARUL HAQ, J.
This judgment shall decide I.C.A. No.60/08, W.P. No.5728/08, W.P. No.7439/08, W.P. No.17138/08, W.P. No.17520/08 W.P. No.17633/08, W.P. No.17688/08, W.P. No.1398/09 and W.P. No.1619/09 as common questions are involved.
2. The I.C.A. proceeds against judgment dated 14-3-2008 of a learned Single Judge, in Chamber, of this Court, whereby W.P. No.990/08 questioning the vires of Rules 5.1 and 5.2 of the Punjab Legal Practitioners and Bar Councils Rules, 1974, as added on 12-12-2006, has been dismissed. In the remaining writ petitions, similar relief has been prayed for as has been refused by the learned Single Judge in the said Writ Petition No.990/08.
3. Learned counsel for the appellant draw our attention to a judgment dated 10-5-2008 passed by Enrolment Committee of the Pakistan Bar Council headed by an Honourable Senior Judge of Supreme Court of Pakistan whereby similar provisions in N.-W.F.P. Legal Practitioners and Bar Council Rules, 1974, were set aside after being declared to be illegal and void and ultra vires of section 26 of the Legal Practitioners and Bar Councils Act, 1973, to urge that the said provisions in the Punjab Legal Practitioners and Bar Councils Rules, 1974, are also liable to be struck down.
4. It has also been complained by the appellant as well as the other writ petitioners that the applications for the enrolment were not even put up before the Enrolment Committee of the Punjab Bar Council and were returned as not entertain-able. The precise contention is that the applications ought to be decided by the Enrolment Committee of the said Bar Council so that in case the appellants/ petitioners still feel aggrieved they may file appeals before the Pakistan Bar Council.
5. Learned counsel for the respondent-Bar Council has stated that he will be having no objection if the applications are filed to be considered and decided by the said Committee.
6. Since the matter pertains to the said Council/Association of the learned Advocates wherein provision of appeal is also there and appellate powers, in fact, have been exercised to declare the statutory provisions to be ultra vires, we proceed to dispose of the ICA as well as all the said writ petitions with the directions that the appellant as well as the other writ petitioners to file their applications in the prescribed manner within 30 days from today. These applications to be processed and put up before the Enrolment Committee of the Punjab Bar Council for consideration and decision. It is hoped that the process will be completed within two months of the filing of the respective applications. Needless to state that in case the appellants and the other writ petitioners still feel aggrieved of any decision to be made in the said applications, they will have a right to agitate the matter in appeal before the competent authority in the manner prescribed. No orders as to costs. H.B.T./A-50/L Order accordingly.