' PERVAIZ INAYAT MALIK (MEMBER).---This appeal is directed against the order, dated 2-12-2006 passed by learned Executive Committee of the Punjab Bar Council, Lahore vide which the complaints filed against the appellant, by the respondents were accepted and a criminal case was directed to be registered against Mr. Ilyas Hussain Rehan present appellant, with a further direction to refer the matter to' discplnary committee of Punjab Bar Council, for onward submission to the Misconduct Tribunal. For ready reference the operative para. No,9 of the impugned order is reproduced hereunder:--- "(9) In the light of the above observations, the three petitions filed by Messrs Muhammad Aslam Cheema, Sakeena Bibi and Ambreen Naila, are accepted therefore, taking strict action of the act of the respondent, the Secretary Punjab Bar Council is directed to get register criminal case against Mr. Ilyas Hussain Rehan respondent advocate in. Accordance with law. The matter is referred to the Disciplinary Committee of Punjab Bar Council for onward submission to the Tribunal Punjab Bar Council for the suspension/cancellation .Of the license to practice as an advocate of the respondent.
(Sd.)
' Chairman and Members of Executive Committee"
' Aggrieved of the above said order, Mr. Ilyas Hussain Rehan Advocate has preferred this appeal praying that the impugned order may be set aside.
2. Briefly stated facts as those emerge out of the appeal are that three complaints were filed by respondents Nos. 1 to 3 before learned respondent No,4, out of which two complaints related to alleged commission of professional misconduct, whereas one related to his alleged failure to perform the duties as President District Bar Association Gujranwala in as much as, he allegedly failed to display the voters list within the time stipulated under the rules, for the purpose. The learned respondent No,4 consolidated all the three complaints and proceeded to allow through single order, which has been impugned before us.
' The complaints were registered in the office of this bar council on 8-1-2007 hereafter notices were directed to be issued to the respondents. ' Interim order sheet reveals that on 26-1-2007 the respondents appeared before this committee and sought adjournment for filing written objection to the appeal and thereafter the appeal was adjourned for one reason or the other.
3. The appellant assails the, impugned order inter alia on the grounds that the learned Executive"
Committee of the Punjab Bar Council lacks jurisdiction in matters/complaints arising out of commission of alleged professional misconduct and that the allegations levelled against him were false and frivolous and that he was contesting elections for the office of President DBA for the 3rd time and his rivals have managed submissions of false complaints, with a view to get undue advantage in the forthcoming elections and that he was innocent and had committed no misconduct or offense of whatsoever nature. He adds that he is the member of the bar for the last more than 20 years and there has never ever been any complaint qua his professional conduct and that for that reason he has continuously held various elected offices, submits that he was elected finance secretary of the DBA, Gujranwala during the year, 1995, twice secretary during the year, 1997 and 1999 respectively, was elected President DBA twice in the years, 2002 and 2006 and was still holding the office of President when these complaints were lodged and that he was twice elected as member of Punjab Bar Council during the year, 1999 and 2004. According to him, since the learned Executive Committee comprises of learned Chairman and all the members who hail from the rival group, therefore, with a view to malign him and to punish him for exercising his right of vote in favour of candidates of opposition group of Punjab Bar Council, he was being victimized and in fact the learned respondent No,4 encouraged filing of frivolous complaints against him.
According to him the appellant inspite of all negative campaign and victimization, won the election for the office of President for the third time. According to him the complaints against him are tainted with malice and mala fide, as all those were filed with a delay of 5/6 months and that too at a time when he had announced his candidature for the slot of President DBA.
4. The respondents through their written objections have vehemently opposed the contentions of the appellant and in respect of two complaints submit that the appellant who was/is enjoying very high and responsible offices of the provincial bar council as well as District Bar Association, has allegedly cheated and committed fraud with them and the Punjab Bar Council and that he deliberately and wilfully embezzled the amount in question, which had been handed over to him for onward deposit in the Bank, in the accounts of the Punjab Bar Council, as enrolment fee, whereas regarding third complaint it is the case of the respondents that the appellant by misusing his authority, deliberately delayed display of the voters list to get undue advantage of his position as holder of office of President DBA, and thus committed gross professional misconduct.
5. We have heard the appellant at length and perused the record. The respondents despite repeated notices are absent, however, Malik Shaukat Ali Advocate/President District Bar Association, Gujranwala has appeared before us on behalf of respondent Nos.1 to 3 and requested for adjournment, which being not convincing is declined. We have noticed that same conduct was demonstrated by respondents on previous dates of hearing as well. The matter is pending adjudication since January, 2007 and cannot be allowed to be delayed any further. We therefore, proceed to decide the appeal on its own merits.
6. The minute examination of record would reveal that the facts of the case are almost undisputed.
The controversy between the parties arises where the complainant/respondents 1 to 3 level personal allegations against the appellant which are denied by him.
7. Apart from apposing the appeal on merits, the respondents have raised preliminary objection regarding limitation as well.
' We find that the impugned order was passed by learned Executive Committee of Punjab Bar Council on 2-12-2006, copy whereof was furnished to the appellant on 5-1-2007 and on the same date the appeal was submitted before one of us (Chairman Appeal Committee Punjab-II) who was pleased to admit the same for regular hearing and notices were issued. We therefore, feel no hesitation in holding that the present appeal was filed by the appellant within the time prescribed by law. The objection of the respondents is over ruled.
8. The main thrust of the arguments of the appellant is that learned Executive Committee has no jurisdiction to entertain and adjudicate upon the matter. In that he has referred to various provisions of the Legal Practitioners and Bar Councils Act, 1973 and the Punjab Legal Practitioners and Bar Council Rules, 1974. Submits that as per law, even if alleged misconduct is admitted, without conceding, still it is the disciplinary committee and the misconduct tribunal which had the exclusive jurisdiction. He has drawn our attention to provisions of sections 10 of the Act, 1973 and the rules 4.11 and 6.1 of the rules 1974 to canvas that the impugned order has been passed in excess of jurisdiction and is thus without lawful authority. According to him the action against him is tainted with malice and mala fide and is result of political rivalry. He adds that criminal case registered as a result of the impugned order was investigated by responsible police officers and the appellant has been found innocent.
9. On merits: he denies the factum of receipt of money by him, however admits deposit of files of the complainants, seeking enrolment as advocates in the Punjab Bar Council. Appellant submits that he did not personally receive any amount from the complainants/respondents and he has nothing to do with the alleged less deposit in the accounts of the Punjab Bar Council and that in fact the complainants approached his clerk namely Kazim, who is responsible for the sorry state of affairs and that he himself has got a criminal case to the above named and also expelled him from his office.
10. After hearing the appellant and minutely perusing the record, in particular the provisions of Law referred to by the appellant we find that the learned Executive Committee of the Punjab Bar Council had no jurisdiction to entertain the complaints regarding professional misconduct. The cognizance taken by the Executive Committee by itself was an act illegal, unlawful, without jurisdiction and without lawful authority. The law on the subject is very clear, relevant provisions of Act, 1973 are reproduced hereunder:-- "(9) tions of a Provincial Baruncils.---(1) Subject to the provisions of this Act- and the rules made thereunder, the functions of a Provincial Bar Council shall be--
(c) to entertain and determine cases of misconduct against Advocates on its rolls and to order punishment in such cases;
(10) mittee of Provincial Bar Councils.---(1)Provincial Bar Council shall constitute the following standing committees, namely:--
(aa) a disciplinary committee consisting of not more than five members to be elected by the Council from amongst its members;
(2) Each of the aforesaid committees shall have powers and functions as may be prescribed.
(41)nishment of advocates for misconduct.---(1)advocate may, in the manner hereinafter provided, be reprimanded, suspended or removed from practice if he is found guilty of professional or other misconduct.
(2) A complaint that an advocate has been guilty of misconduct may be made by any Court or person--
(a) in the case of an advocate of the Supreme Court to the Pakistan Bar Council; and
(b) in any other case, to the Provincial Bar Council.
(3) Every complaint against an advocate made under the subsection (2), except where the complaint has been made by a Court, shall be accompanied by a fee of ten rupees.
(4) Upon receipt of a complaint under subsection (2) against any advocate, the disciplinary committee of the Bar Council may, unless it summarily rejects the complaint, after making such enquiry and giving the parties such opportunity of being heard as it may consider necessary either reject the complaint or refer the same to a Tribunal for decision; ' Provided that the disciplinary committee shall not summarily reject a complaint made by the Supreme Court or a High Court.
(5) Any person whose complaint is rejected by the disciplinary committee under subsection (4) may within thirty days of the day on which the order of the committee is communicated to him, prefer an appeal to the Tribunal, whose decision in such appeal shall be final.
(42) ibunals of Bar Councils.---(2) A Provincial Bar Council may constitute one or more Tribunals each consisting of two of its members elected by it for the purpose and a Judge of the High Court nominated by the Chief Justice of that Court, who shall be the Chairman.
(43) ,Procedure in inquires.---(1) In inquiries relating to conduct of advocates, the Tribunal shall, except as hereinafter provided, follow such procedure as may be prescribed:--
(2) The Tribunal shall fix a date for the hearing of the case and shall cause notice of the days of fixed to be given to the complainant, to the advocate concerned and to the Advocate-General of the Province and shall afford to the complainant, the advocate concerned and the Advocate- General and opportunity of leading evidence, if any, and of being heard before orders are passed in the case.
(44) Order as to costs.---(1) A Disciplinary Committee and a Tribunal may make such order as to costs of proceedings before it as it may deem fit; and where the Committee or, as the case may be, the Tribunal is of the opinion that a complaint made against an advocate is false and vexatious, it may, without prejudice to any other remedy available to the advocate, impose upon the complainant compensatory costs not exceeding a sum of five hundred rupees:--.
' Provided that no order under this subsection shall be made against a Court or the presiding officer of a Court.
(2) The Tribunal may on an application made to it in this behalf within the prescribed period, revise any order passed by a Disciplinary Committee under subsection (1) or, of its own motion or on application so made, review any order passed by the Tribunal under that subsection and may, in either case, maintain, vary or rescind the same, as it thinks fit.
(3) Subject to subsection (2), every order of the Disciplinary Committee of the Tribunal under subsection (1) shall be executable-
(a) if the Committee is appointed, or the Tribunal is constituted, by the Pakistan Bar Council, as if it was an order of the Supreme Court; and
(b) if the Committee is appointed, or the Tribunal is constituted, by a Provincial Bar Council, as if it were an order of the High Court.
(45) Powers of the Tribunal and Disciplinary Committee in inquiries.---(1) For the purpose of any such inquiry as aforesaid, a disciplinary committee and a Tribunal shall have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:--
(a) enforcing the attendance of any person
(b) compelling the production of documents, and
(c) issuing commissions for the examination of witnesses: ' Provided that the disciplinary committee or the Tribunal shall not have power to require the attendance of the Presiding Officer of any civil or criminal Court save with the previous sanction of the High Court or, in the case of the presiding officer of a Revenue Court, of the Provincial Government.
(2) Every such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860); and a disciplinary committee and a Tribunal shall be deemed to be a Civil Court for the purpose of sections 480 and 482 of -the Code of Criminal Procedure, 1898 (Act V of 1898).
(3) For the purpose of enforcing the attendance of any person or of compelling the production of documents or issuing commissions:--
(a) the local limits of the jurisdiction of a disciplinary committee and a Tribunal shall be those of the jurisdiction of the Bar Council by which the Committee has been appointed or, as the case may be, the Tribunal has been constituted; and
(b) a disciplinary committee and a Tribunal may send to any civil Court having jurisdiction in the place where the Committee or, as the case may be, the Tribunal is sitting, any summons or other process for the attendance of a witness or the production of a document required by the Committee or Tribunal, or any commission which it desires to issue, and the Civil Court shall serve such process or issue such commission, as the case may be, and may enforce any such process as if it were a process for attendance or production before itself.
(4) Proceedings before a disciplinary committee or a Tribunal in any such inquiry shall be deemed to be civil proceedings for the purposes of Article 15 of Qanoon-e-Shahadat, 1984 (P.O. No,10 of 1984) and the provisions of that Article shall apply accordingly."
11. We have examined the entire Law on the subject, in particular Act, 1973, Rules, 1976, framed by Pakistan Bar Council and Rules, 1974 farmed by Punjab Bar Council, no where the Executive Committee has been given such powers. It is the Disciplinary Committee who can entertain a complaint against advocate on its Roll for commission of misconduct and either it can reject it even summarily, if complaint is by private individual or forward to the misconduct Tribunal for award of punishment or otherwise. In any case the Executive Committee had not authority to entertain such a complaint.
' We are therefore of the firm view that the impugned order passed by learned Executive Committee was without jurisdiction consequently we allow this appeal and set aside the impugned order, dated 2-12-2006.
12. Since the appeal is being allowed on the ground of lack of jurisdiction, without adjudication on merits, therefore we direct that the complaints against appellant shall be deemed pending before Punjab Bar Council, which shall be placed before concerned Committee. We may observe that the matter is an old one, expeditious disposal whereof, would be entirely in the interest of justice.
13. This appeal was allowed through short order, dated 19-9-2008 which reads as follows:- "The appellant is present in person. Malik Shaukat Ali, President, District Bar Association, Gujranwala is also present. He informed that respondent No, 1 being heart patient, is not in a position to come to Islamabad and as such had requested for adjournment and fixation of next date of hearing at Lahore. Mr. Jabran Khalid is present with record of the Punjab Bar Council.
' The request for adjournment being not convincing, is declined.
' After due hearing of parties present and perusal of record, impugned order is set aside and the Appeal is allowed with the observation that the matter will deem to be pending with the Punjab Bar Council." revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.