' 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.