ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D-1731 of 2016

 

Date

               Order with signature of Judge

 

1.    For order on C.M.A No. 4946/2016.

2.    For Katcha Peshi.

3.    For hearing of C.M.A No. 4763/2016.

 

04-05-2016

 

The petitioner in person.

Syed Sardar Ali Shah Jilani advocate (respondent No.5)

Mr. Shafique Ahmad Khan, Learned State counsel.

Mr. Mansoor Ahmad Laghari, Chairman Executive Committee, Sindh Bar Council Karachi. (respondent No.4)

.-.-.-.-.-.-.-.-.-.-.-.-.

            Pursuant to court notice, Mr. Mansoor Ahmed Laghari, the Chairman Executive Committee Sindh Bar Council Karachi has shown appearance and placed copy of order on the diary sheet dated 16.04.2016 in Case No. 18/2016 and submits that since the petitioner was not appearing before the Executive Committee of Sindh Bar Council, pursuant to a complaint filed by respondent No.5, after service of notice, therefore, in order to secure his attendance, his license was suspended. However, when the Chairman Executive Committee Sindh Bar Council was confronted to refer to any relevant Section/Rule of the Legal Practitioners And Bar Councils Act, 1973, whereby, on account of non appearance of an advocate before the Executive Committee pursuant to a complaint, the license of such advocate could be suspended, he has candidly conceded that there is no provision of law whereby license of advocate could be suspended, unless he is convicted for an offence of mis-conduct etc. He has submitted that the petitioner may be directed to appear before the Executive Committee Sindh Bar Council in the aforesaid matter on a date which may be fixed by this Court, and in the meanwhile, operation of  impugned order and the Notification may be suspended.

            The counter affidavit has been filed by respondent No.5, along with annexures, which is taken on record, copies whereof have been supplied to the petitioner.

            We have heard the petitioner and the respondents, perused the impugned order and circular and the comments filed on behalf of respondents and relevant provisions of the Legal Practitioners And Bar Councils Act, 1973, which reflects that during pendency of a complaint against an advocate before the Executive Committee, the license to practice as an advocate cannot be suspended merely on the ground of his non-appearance on the date of hearing, whereas, in the instant case, the petitioner has categorically denied even the service of notice by the Executive Committee of the Sindh Bar Council.

            In view of above facts, instant petition is disposed of with directions to the petitioner to appear before the Executive Committee on 07.05.2016 at 11:00 a.m. in respect of Complaint No. 18/2016 and submit his response in accordance with law. In the meanwhile, the operation of impugned Circular dated 18.04.2016 issued by the Secretary Sindh Bar Council and the order dated 16.04.2016 passed by the Executive Committee as referred to hereinabove shall remain suspended.

            While disposing of instant petition, we may observe that the petitioner and respondent No.5 shall make an effort to ensure that either the matter may be settled or resolved between them amicably or they shall conduct themselves strictly in accordance with law while maintaining the highest moral standards and the professional ethics as expected from an advocate under the Legal Practitioners And Bar Councils Act, 1973. Disposal of instant petition in the above terms, however, will not in any manner affect the proceedings pending before Executive Committee or any other forum, which will be decided strictly in accordance with law and the relevant rules.

            Instant petition stands disposed of in the above terms along with listed applications.

 

                                                                                             Judge

                                                                      Judge

Abdul Salam/P.A