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2009 YLR 294

Malik MUHAMMAD JAMEEL AKHTAR vs ADDITIONAL SESSIONS JUDGE and 7

Citation2009 YLR 294
CourtLahore High Court
Judge(s)Syed Hamid Ali Shah, Khawaja Farooq Saeed
ResultAppeal dismissed

' KHAWAJA FAROOQ SAEED,

1. This Intra Court Appeal has been filed against the order of learned Single Judge in Chamber, dated 10-3-2005, passed in Writ Petition No,3255 of 2003. Through the said order, the objection raised by the petitioner has been dismissed.

2. Supporting his claim that the respondents Nos. 2 and 3 had furnished forged and fake document in respect of their LL. B degree and that the matter had been accepted by the Anti-Corruption Committee of the Punjab Bar Council, ignoring the same, he has referred various A documents one by one. He claims that the same have been produced before the learned Judge in Chamber also.

He does not deny that in the subsequent decision of the Anti-Corruption Committee of Punjab Bar Council, these letters were duly considered. The review by the said Committee in fact is based upon a subsequent verification by the Punjab University, which obviously has not been challenged before any Court of law in any form, hence has attained finality. When the Punjab University itself confirms the genuineness of the LL.B result card of the respondents, after having disowned the previous letter on the basis of which the A Committee had cancelled the practicing license, there does not appear any reason for interference. Since the finding of the Anti-Corruption Committee is clear, unequivocal and based upon the evidence, there was obviously no reason for the learned Judge in Chamber to agree with the present appellant, who even otherwise had no locus standi to file the writ petition against the respondent being not an aggrieved person. For ready reference relevant para from the order of the Anti-Corruption Committee, Punjab Bar Council, is reproduced as the same contains reference to the letters used as evidence. The para reads as follows:- - "That originally order, dated 14-7-2001, passed by this committee in ACC. 66 of 2001 without hearing the applicant and through this review petition immediately put his appearance and his version which was properly supported by the record of Punjab University who declared the LL.B Result Card of the applicant as original/genuine and valid document. And University of Punjab totally disowns his previous letter of verification, therefore, we presently left no other alternative except to re-call and review our order, dated 14-7-2001. In ACC. 66 of 2001, dated 14-7-2001.

' Consequently, the licence of the applicant which was called by us by order, dated 14-7-2001 stands restored."

The order is self-speaking. There obviously no reason before the le Judge in Chamber to intervene.

The petition has rightly been rejected.

3. Even otherwise, as already mentioned, writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, was not to be entertained against the respondents being by a person who is not an aggrieved party. In this regard, reference to Muhammad Jamil Akhtar and another v.

Appellate Authority, District Judge, Rawalpindi and 4 others (2003 SCM R 400) by the learned Judge in Chamber is also applicable on all fours of this case. There is absolutely no merit in this Intra Court Appeal. The same is dismissed.

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