Disciplinary action

2015 SCMR 658 SUPREME-COURT Judicial Precedent

O. IV, R. 30Contempt of Court Act (LXIV of 1976), S. 3Constitution of Pakistan, Arts. 186 & 204

Reference to the Supreme Court under Art. 186 of the Constitution by the President of Pakistan to revisit the case of death sentence awarded to late Zulfiqar Ali Bhutto, former Prime Minister of Pakistan reported as PLD 1979 SC 38 & 53

Contempt of court

Attempt to ridicule the Supreme Court by counsel appearing for the President

Conduct unbecoming of an Advocate of the Supreme Court

Disciplinary action

Temporary suspension of licence to appear before the Supreme Court

Advocate Supreme Court who was appearing on behalf of the President in the Reference was issued with a contempt of court notice in respect of a press conference addressed by him

Said Advocate, after receipt of such notice, addressed the electronic media and through his utterance and gestures attempted to ridicule the Supreme Court

Attitude shown by Advocate in question after receipt of contempt notice, compelled the Supreme Court to issue him a notice in terms of O. IV, R.30 of the Supreme Court Rules, 1980 to explain as to why his name should not be removed from the Roll of the Advocates of the Supreme Court

Contention of Advocate in question was that he may be allowed time to engage a counsel

Validity

More than sufficient time was granted to the Advocate in question and as the present Bench was seized with one of the most important cases, i.e., the Reference sent by the President of Pakistan under Art. 186 of the Constitution concerning the death sentence awarded to late Zulfiqar Ali Bhutto, former Prime Minister of Pakistan, therefore, the Supreme Court had to proceed with the said case, as early as possible, without causing delay in any manner

Unless the question of notice, which had been issued to the Advocate in question under O. IV, R. 30 of the Supreme Court Rules, 1980, was decided, it would not be appropriate to proceed with the said Reference

Supreme Court granted Advocate in question time to engage a counsel and file his reply, but at the same time to ensure dignity and respect of the Court, his licence to appear before the Supreme Court was temporarily suspended

Supreme Court observed that good relationship between the Bench and the Bar depended upon mutual respect; that the Supreme Court, being the apex Court under the Constitution, deserved to be respected by all concerned, particularly the Advocates and the members of the legal fraternity to whom licences were issued for appearing before the Supreme Court; that if an institution like the Supreme Court was not respected and an attempt was made to lower its prestige in the eyes of the general public, then it would be very difficult to administer justice because Supreme Court was the court whose working/decisions sent a message down to the court of the Magistrate and the Civil Judge that they should administer justice without fear or favour, and that if the Supreme Court was maligned by anyone, then it would not be possible to maintain its dignity and status

Supreme Court directed the Attorney General to inform the President of Pakistan that the licence of the Advocate appearing on his behalf had temporarily been suspended, therefore, it would be appropriate if another counsel was appointed to address arguments in the Reference, which indeed was one of the most important cases in the history of the Supreme Court

Order accordingly.