"The judge and the lawyer should remember, first and foremost, that in weighing and balancing rights and privileges they are building together a monument in the Temple of Justice that is, as Daniel Webster once put it, "the greatest interest of man on earth."
This is an appeal against Order dated 6.5.2016 passed by the learned single Judge of this Court whereby the license of the appellant namely; Imran Raza Chaddar, Advocate was suspended and the proceedings were converted into a complaint under sections 41 and 54 of the Legal Practitioners and Bar Councils Act, 1973 and forwarded to the Pakistan Bar Council.
2. The relevant portion of order dated 25-4-2016 reproduced in the impugned order dated 6-5- 2016 captures the unfortunate incident that transpired in the court of the learned single Judge and is as follows: the meanwhile, Mr. Imran Raza Chadhar, Advocate, learned counsel for the applicant/accused started shouting in a loud voice by stating that instant application relates to criminal matter, whereas, the aforesaid civil revision was a civil matter, therefore, this application should not be ordered to be heard along with aforesaid matter. He also shouted that this Court is blind and unable to understand the matter and kept on uttering derogatory remarks about this Court. The attitude adopted by learned counsel (Mr. Imran Raza Chandhar, Advocate) was unbecoming and contemptuous. I tried to pacify the learned counsel and told him that he was interfering into the process of this Court but Mr. Imran Raza Chadhar, Advocate did not give any heed to the direction of this Court and behaved before this Court which was contrary to the norms and decorum of the Court. He, due to his conduct, frustrated the proceedings of the Court and did not allow this Court to dictate the order. When this Court told him that he was committing contempt of the Court and1 that this Court can issue notice to him in this regard, he said that he do not care for any such notice and kept on using arrogant and rough language. In the meanwhile, some of the learned advocates intervened and took the learned counsel outside the Court. While leaving the Court Mr. Imran Raza Chadhar, Advocate kept on uttering the objectionable and contemptuous words. The contemptuous attitude and misconduct of Mr. Imran Raza Chadhar, Advocate has become intolerable, therefore, I find no other option but to take action against him.
5. In view of the matter, a notice under Sections 3 and 4 of Contempt of Courts Ordinance, 2003 read with Article 204 of the Constitution of Islamic Republic of Pakistan, 1973 is issued to Mr. Imran Raza Chadhar, Advocate for displaying/adopting unethical and abusive attitude before this Court at the time when this Court was dictating the order which is unbecoming of an advocate thereby acting in a manner which tends to bring the authority of this Court and the administration of law into disrespect or disrepute and to obstruct, interfere and interrupt the process of law which squarely falls within the ambit of contempt of Court.
6. Mr. Imran Raza Chadhar, Advocate shall submit written reply to the notice within ten days, failing which, it will be presumed that he has nothing to say in his defence and matter will be proceeded in accordance with law. Meanwhile, professional licence of the alleged contemnor to practice as an advocate of the High Court is suspended, till the next date of hearing. Office to prepare separate file in this regard."
3. Learned counsel for the appellant have argued this appeal, filed under section 19 of the Contempt of Court Ordinance, 2003, on the question of maintainability for the last two days. During the course of hearing we noticed that senior members and leaders of the Bar present in Court, for this case, appeared desirous and interested to resolve this unfortunate issue between the Bar and the Bench. Keeping this in view, we during the course of hearing, without prejudice to the merits of the case, granted the Bar a window of opportunity to resolve the issue.
4. The Bar was asked to propose a solution keeping in mind the paramount principle that the prestige, dignity, respect and honour of the Court is supreme and can never be compromised.
Recognizing that institutions are larger than individuals and it is an obligation of every member of the institution to respect and honour the institution at all times. The Bar is aware that respect, knowledge and decency is the foundational toolkit of good advocacy. The strength of the Bar is not in its number but in its ability to stand up for justice and fair play on the strength of reason, law and equity. The mark of a good lawyer is his unwavering boldness and unfaltering courage to stand and fight for what is right. Law is a noble profession and requires noble men - full of knowledge and respect for the law and the judicial institution. It cannot be permitted that an advocate first hurls insults at the Court, tarnishing the prestige and honour of the Court in public and then tenders an apology at the end of the day. Defiling the dignity, honour and prestige of the court cannot be tolerated at any cost. Learned Advocate aggrieved of the conduct of the judicial officer may take legal recourse provided under the Constitution or the Law and in no other manner. "It is the duty of an advocate to maintain toward the Court a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance, judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the Bar against unjust criticism and clamor. At the same time whenever there is proper ground for complaint against a judicial officer, it is the right and duty of an advocate to ventilate such grievances and seek redress thereof legally."
5. The respected Bar members cognizant of the above principles submitted that they wish to invoke the parental jurisdiction of this Court and proposed, with the consent of the appellant, that the suspension of the appellant be maintained for a period of one month and the appellant be allowed to deposit a sum of Rs,500,000/- with the Diagnostic Center of the Lahore High Court Bar2 Association, as a token of respect for the Institution. In return they pray that the complaint directed to the Pakistan Bar Council be filed after the lapse of the above period.
6. In the interest of resolving this unfortunate incident, we are open to a resolution which honours the above principles and is wholeheartedly supported by leaders and elders of the Bar in the interest of the Institution. Even though we were minded to maintain the suspension of the license of the appellant for a period of three months as mandated under section 54 of the Legal Practitioners and Bar Councils Act, 1973, but considering the unanimous request of the Bar leaders and elders and having been assured that such an unfortunate event will not be repeated at the Lahore High Court by any member of the Bar, we accept the proposal of the Bar on behalf of the appellant.
7. As a result this appeal is disposed of in the following manner:
(i) The professional license of the appellant (Mr. Imran Raza Chaddar, Advocate) shall remain suspended for a period of one month till 25.5.2016 (w.e.f, 25-4-2015, when it was first suspended by the learned single judge).
(ii) The appellant shall deposit a sum of Rs,500,000/- with the Diagnostic Centre of the LHCBA before 25.05.2016 as a token of respect for the institution.
(iii) The appellant has once again tendered unconditional apology and assures the Court that such an event will not be repeated. Bar elders have also deprecated such conduct.
(iv) Once the period of suspension is gracefully honoured by the appellant and the amount mentioned above is duly deposited, the complaint will be deemed to have been filed and will not be forwarded to the Pakistan Bar Council by this Court.
8. It is clarified that this order does not address the appeal on merits or the question of its maintainability. Joe B. Hamiter Forum Juridicum: The Ideal Relationship Between the Bench and the Bar - Louisiana Law Review, June, 1960. Canon 159 - Canons of Professional Conduct and Etiquette of Advocate