1997 PLP 569 (SCMR)
MUHAMMAD ILYAS KHAN, ADVOCATE and others‑‑‑Petitioners Versus ASAD ALI BILGRAMI, ADVOCATE and others‑‑‑Respondents
| Citation | 1997 PLP 569 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui, Muhammad Bashir Khan Jehangiri |
| Parties | MUHAMMAD ILYAS KHAN, ADVOCATE and others‑‑‑Petitioners Versus ASAD ALI BILGRAMI, ADVOCATE and others‑‑‑Respondents |
| Primary Law | Supreme Court Rules, 1980‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 569 (SCMR)?
This judgment primarily cites: Supreme Court Rules, 1980‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 569 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui, Muhammad Bashir Khan Jehangiri.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 569 (SCMR) (MUHAMMAD ILYAS KHAN, ADVOCATE and others‑‑‑Petitioners Versus ASAD ALI BILGRAMI, ADVOCATE and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Petitioner in person with Raja Abdul Ghafoor, Advocate‑on‑Record for Petitioner (in Cr. Review No.24 of 1995).
- Date of hearing: 18th December, 1996.
- MUHAMMAD ILYAS KHAN, ADVOCATE and others‑‑‑Petitioners
- ASAD ALI BILGRAMI, ADVOCATE and others‑‑‑Respondents
- ‑‑‑‑O.XXVI, Rr.1, 31 & O.IV‑‑‑Constitution of Pakistan (1973), Art.188‑‑ Review by Supreme Court‑‑‑Petitioners (Advocates) on having been found guilty of conduct unbecoming of an Advocate of the Supreme Court for having made forcible entry into the Chamber of the Chief Justice of Pakistan without his permission when he was busy in discussing some matters with the Attorney General of Pakistan and the Acting Chief Justice of High Court, were suspended from practice of Supreme Court for a period of two years with the direction for making such entry in the record‑‑‑Written apology subsequently tendered by the petitioners had satisfied the Court that they had genuinely expressed their remorse over the incident and had thus purged themselves of the act of contempt‑‑‑Review petitions filed by petitioners were consequently accepted and the order debarring them from practising as Advocates of Supreme Court for a period of two years was recalled. ‑[Contempt of Court].
- SAIDUZZAMAN SIDDIQUI, J.‑‑‑The abovementioned review petitions arise from the order of this Court dated 30r8‑1995 passed in proceedings initiated under Rules 30 and 31 of Order IV of Supreme Court Rules, 1980 against the petitioners and Mr. Syed Sami Ahmed, Advocate.
- 2. The petitioners alongwith Sami Ahmed, Advocate were charged with the act of making forcible entry into the Chambers of Hob'ble Chief Justice of Pakistan, in the High Court Building, Karachi on 2‑10‑1994 without permission p while the Hon'ble Chief Justice was busy in discussing some matters with the then Attorney‑General of Pakistan and the Acting Chief Justice of High Court of Sindh. The explanation offered by one of the petitioners (Muhammad Ilyas Khan, Advocate), before the Bench of this Court in the above proceedings was as follows:‑‑
- "4. We are, therefore,, convinced that S. Sami Ahmed, Muhammad Ilyas Khan and Asad Ahmed Bilgrami, Advocates are guilty of conduct unbecoming of an Advocate of the Supreme Court, punishable under rule 30 of Order IV of the Supreme Court Rules, 1980. So, they are suspended from practice of the Supreme Court for a period of two years from today. Resultantly, they are barred from practice as Advocates bf Supreme Court of Pakistan for the said period and such entry may be made in the record. "
- "2. Mr. Ilyas Khan and Asad Ali Bilgrami, Advocates/petitioners in seeking review of the order passed by this Court on 30‑8‑1995 in Criminal Miscellaneous No. 19‑K/1994, throw themselves at the mercy of this Court and offer unqualified apology to this Court as well as to the Hon'ble Chief Justice of Pakistan for the shocking incident which took place on 2nd October, 1994, in consequence whereof they are debarred from practising as Advocate of Supreme Court of Pakistan for a period of two years.
- Taking into consideration the overall conduct of the petitioners in the above cases, we feel satisfied that the petitioners have genuinely expressed their remorse over the unfortunate incident of 2‑10‑1994 and have thus purged themselves of the act of contempt. We, accordingly, accept the review petitions and recall the order dated 30‑8‑1995 debarring them from practising as Advocates of this Court for a period of two years.
Headnotes / Summary
(For review of the orders of this Court passed in Criminal Miscellaneous No. 19‑K of 1994 on 30‑8‑1995). ‑‑‑‑O.XXVI, Rr.1, 31 & O.IV‑‑‑Constitution of Pakistan (1973), Art.188‑‑ Review by Supreme Court‑‑‑Petitioners (Advocates) on having been found guilty of conduct unbecoming of an Advocate of the Supreme Court for having made forcible entry into the Chamber of the Chief Justice of Pakistan without his permission when he was busy in discussing some matters with the Attorney General of Pakistan and the Acting Chief Justice of High Court, were suspended from practice of Supreme Court for a period of two years with the direction for making such entry in the record‑‑‑Written apology subsequently tendered by the petitioners had satisfied the Court that they had genuinely expressed their remorse over the incident and had thus purged themselves of the act of contempt‑‑‑Review petitions filed by petitioners were consequently accepted and the order debarring them from practising as Advocates of Supreme Court for a period of two years was recalled. ‑[Contempt of Court]. Petitioner in person (in Cr. Review No.25 of 1995).
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.‑‑‑The abovementioned review petitions arise from the order of this Court dated 30r8‑1995 passed in proceedings initiated under Rules 30 and 31 of Order IV of Supreme Court Rules, 1980 against the petitioners and Mr. Syed Sami Ahmed, Advocate.
2. The petitioners alongwith Sami Ahmed, Advocate were charged with the act of making forcible entry into the Chambers of Hob'ble Chief Justice of Pakistan, in the High Court Building, Karachi on 2‑10‑1994 without permission p while the Hon'ble Chief Justice was busy in discussing some matters with the then Attorney‑General of Pakistan and the Acting Chief Justice of High Court of Sindh. The explanation offered by one of the petitioners (Muhammad Ilyas Khan, Advocate), before the Bench of this Court in the above proceedings was as follows:‑‑ "Since the situation was charged and very tense and as we wanted to seek guidance and help immediately, we came down to the Chamber of Chief Justice of Pakistan to request the Hon'ble Chief Justice of High Court of Sindh to help us in that situation. I asked the Qasid that we wanted to see the Chief Justice of the Sindh and he told us that the Chief Justice of the High Court of Sindh was busy with the Chief Justice of the Supreme Court of Pakistan. Since the situation demanded immediate action and we also were quite tense and charged, therefore, we entered the Chamber of the Hon'ble Chief Justice of Pakistan."
3. The learned Judges, however, did not find the explanation offered by the petitioners satisfactory and accordingly passed the following order:‑‑ "
4. We are, therefore,, convinced that S. Sami Ahmed, Muhammad Ilyas Khan and Asad Ahmed Bilgrami, Advocates are guilty of conduct unbecoming of an Advocate of the Supreme Court, punishable under rule 30 of Order IV of the Supreme Court Rules, 1980. So, they are suspended from practice of the Supreme Court for a period of two years from today. Resultantly, they are barred from practice as Advocates bf Supreme Court of Pakistan for the said period and such entry may be made in the record. "
4. The petitioners thereafter submitted the above review petitions and expressed their remorse over the incident of 2nd October, 1994 and prayed for forgiveness. The review petitions, were heard by a learned Division Bench of this Court on 26‑11‑1996 and after considering the conduct of the petitioners passed the following order:‑‑ "
2. Mr. Ilyas Khan and Asad Ali Bilgrami, Advocates/petitioners in seeking review of the order passed by this Court on 30‑8‑1995 in Criminal Miscellaneous No. 19‑K/1994, throw themselves at the mercy of this Court and offer unqualified apology to this Court as well as to the Hon'ble Chief Justice of Pakistan for the shocking incident which took place on 2nd October, 1994, in consequence whereof they are debarred from practising as Advocate of Supreme Court of Pakistan for a period of two years.
3. Let the apology offered by the petitioners be tendered in writing before the Hon'ble Chief Justice of Pakistan where after the matter will be considered on merits.
4. At the request of Raja Muhammad Anwar, Sr. ASC, learned counsel for the petitioners, the case is adjourned to 18‑12‑1996."
5. The petitioners in pursuance of the above order have since submitted their written apology before the Hon'ble Chief Justice of Pakistan which has been considered. Taking into consideration the overall conduct of the petitioners in the above cases, we feel satisfied that the petitioners have genuinely expressed their remorse over the unfortunate incident of 2‑10‑1994 and have thus purged themselves of the act of contempt. We, accordingly, accept the review petitions and recall the order dated 30‑8‑1995 debarring them from practising as Advocates of this Court for a period of two years. N.H.Q./M‑3341/S Review petition accepted.