1. The applicant has moved the instant application stating therein that this committee has already passed an order dated 03.08.2017 for re-verification of degrees of the applicant and further proceedings against the applicant has been stopped/stayed till the final decision of the appeal pending before Pakistan Bar Council (Appeal Committee), but surprisingly the Disciplinary Committee of the Punjab Bar Council has withdrawn the order of this Committee and suspended the License of the applicant while referring the matter to the Misconduct Tribunal.
2. We have minutely perused the orders dated 26.08.2017 & 09.09.2017 passed by the Disciplinary Committee of Punjab Bar Council and perusal of both the orders reveals that order of Anti- Corruption Committee was withdrawn by the Disciplinary Committee and the License of the applicant to practice as an advocate has been suspended
3. So far as the controversy before us is concerned, we fell that we have to decide and address overselves to the following issues just to resolve the controversy:-- ISSUES:
(i) Whether order passed by one Committee of the Punjab Bar Council can be withdrawn by other committee, of the Punjab Bar Council?
(ii) Whether the complaints regarding verification of degrees come within the jurisdiction of Anti- Corruption Committee or Disciplinary Committee of the Punjab Bar Council?
(iii) Whether the Disciplinary Committee of the Punjab Bar Council has any power vests in it or provided under the law to suspend the license of an advocate?
While deciding above said three issues it will be appropriate to reproduce the relevant provisions of Legal Practitioner and Bar Council Act, 1973 and the rules made there under as:
(i) Section 10(3)
"A Provincial Bar Council (and Islamabad Bar Council) may constitute, from amongst its members such other committees as it may deem necessary for the performance of its functions under this Act and may authorize any such committee to co-opt as its members any other persons, not exceeding such number as the Council may determine."
(ii) Section 10(4)
"The Chairman of every committee shall be entitled to vote and: in case of equality of votes among the members of the committee, shall have a second vote.'
(iii) Section 13(2)
"Any person aggrieved by an order or decision of a Provincial Bar Council, (Islamabad Bar Council), (the Supreme Court Bar Association or a Bar Association at national level) may, within thirty days of such order or decision, prefer an appeal to the Pakistan Bar Council, whose decision in such appeal shall be final".
(iv)Section 41(4)
"Upon receipt of a complaint under sub-section (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."
(v) Section 42(5)
"On Completion of the inquiry, the Tribunal may either dismiss the complaint or, where the complaint referred to the Tribunal was made at the motion of a Bar Council, direct that the proceedings be filed; or it may make an order imposing any of the penalties referred to in sub- section (1) of Section 41".
(vi)Rule 4.7 of 1974 "A committee shall have the power to decide upon its own procedure in matters not covered by the Rules".
(vii) Rule 6.2 of 1974 "For the purpose of deciding whether the complaint against an advocate is to be summarily rejected, the complaint shall be placed before the (Committee) which may unless it rejects it summarily, ask the Advocate to reply the allegations and after enquiry may refer the matter to the Tribunal under Section 41.
(viii) Rule 6.10 of 1974 "The Secretary of the Punjab Bar Council shall be responsible for compliance with the rules of Punjab Bar Council.
4. We have examined the entire law on the subject, in particular Act, 1973, Rules 1976 framed by Pakistan Bar Council and Rules 1974 framed by Punjab Bar Council and has also taken guidelines from the judgments of the Honourable High Court & Supreme Court of Pakistan.
Reported as2009 M LD 207 PLJ 2003 Tr.0 116 PLJ 2000.Tr.0 737 AIR 1934.Lahore 251 It would be advantageous to narrate the brief facts regarding constitution of the ACC as well as the relevant provisions of law dealing with this subject. The ACC was formed during the year 1995, in view of various complaints regarding corruption/mal-practice in the Lower Judiciary/ Executive as well as from within the profession of law. The ACC was entrusted to task to receive complaints against members of the Lower Judiciary/Executive who were notorious for corruption and after due probe, at it's own level to submit reports to the Hon'able Chief Justice, Lahore High Court, Lahore for appropriate action against the corrupt officials. However, with the formation of the present Bar Council, in view of very serious complaints and with a view to curb corruption from the Lower Judiciary as well as from within the profession of law.
5. Perusal of the above said judgments clearly reveals that ACC has exclusive jurisdiction to detect any person or persons falling within the following categories and appropriate action against them:-- a. Member of Lower Judiciary/Executive notorious for corruption. b. Those who obtained their licenses from the Punjab Bar Council on the basis of forged B.A./ LL.B degrees. c. Those who obtained their licenses while they were engaged in some profession/business/vocation or employed in the Government/Semi-Government/private Departments/ Institutions by submitting false affidavits and concealing these facts. d. Those who after obtaining licenser joined Government/ Semi Government/Private Services/business/vocation, without getting their licenses suspended from Punjab Bar Council, BESIDES the ACC was also entrusted with the enquiries pertaining to casesof embezzlement/corruption regarding affairs of the Punjab Bar Council itself including the allegations of corruption against its own employees.
6. That the complaint in hand falls within the categories mentioned in Clause-b of Para No, 5, so we are of the considered view that only Anti-Corruption Committee has the jurisdiction to adjudicate upon such like matters but question arise as to what kind of penalties can be awarded by ACC against the persons falling within the categories mentioned in Para No,
5. Answer of this question has thoroughly been discussed in Javed Ahmad Beitu's case reported in PLJ 2000 Tr.0 737 and perusal of this judgment as well as rules discussed above we feel no hesitation in concluding that following penalties can be awarded against the persons falling within the categories mentioned in Para No, 5 above:
(i) Those who may be found practicing law without obtaining valid license from this Bar Council can be prosecuted criminally by getting registered cases against them under the provisions of the Act, 1973, as well as Pakistan Penal Code.
(ii) Those who obtained their licenses through submission of false affidavit by concealing material facts, can be awarded penalty of cancellation of licenses as well as registration of criminal cases against them, keeping in view the gravity of charge.
(iii)Those who after obtaining their licenses joined any service in the Government/Semi Government/Statutory Corporation/Private Institutions or started running private businesses, without getting their licenses cancelled/suspended, may be awarded penalty of cancellation/suspension of their licenses or additionally may even be refused licenses after they have such service or business, in view of their conduct.
7. Section 41 of Legal Practitioner and Bar Council Act, 1973 empowered the Disciplinary Committee to take cognizance of the matter on the receipt of the complaint against any advocate and the committee either reject the complaint or refer the matter to the Tribunal for decision after making enquiry. Perusal of this Section clearly shows and indicate that Disciplinary Committee can only inquire into the matter of professional misconduct or any other conduct but power of decision lies with the Misconduct Tribunal. The sentence "any other conduct" mentioned in Section 41 of Legal Practitioner and Bar Council Act, 1973 has been misused by the Disciplinary Committee just to assume the jurisdiction. The sentence "any other conduct" mentioned in Section 41 has been thoroughly discussed and interpreted as under: "This misconduct needs not be necessarily between counsel and client or directly touching the performance of professional duties of an advocate. It was held by the Superior Courts in above reported judgments that if the misconduct is the remote result of the acts of an advocate, while he is in legal profession that is amenable to the jurisdiction of Bar Council and legal action can be initiated against the advocate"
8. From the perusal of the afore-stated provisions of law, rules & case law, we feel no hesitation in concluding that under Section 42(5) of Legal Practitioner and Bar Council Act, 1973 only Misconduct Tribunal has exclusive power to impose any penalty provided" under the law which includes suspension of license etc. The Disciplinary Committee by passing the orders has assumed the jurisdiction which in no way vests in it as per relevant provisions of Legal Practitioner and Bar Council Act, 1973, whereunder only Tribunal of the. Bar Council if finds an advocate after due process guilty of misconduct can award some punishment as provided under the law which' includes suspension of practicing license as advocate.
9. That according to Section 13(2) of Legal Practitioner and Bar Council Act, 1973 any person aggrieved by an order or decision of the Provincial Bar Council may within 30 days of such order or decision prefer an appeal to the Pakistan Bar Council whose decision in such appeal shall be final.
Perusal of this Section clearly indicate that order of Anti-Corruption Committee either legal or illegal can only be challenged before Pakistan Bar Council within stipulated time and the Members of the Disciplinary Committee have got no power to set-aside or withdraw the order of other Committee, so the order passed by the Disciplinary Committee by way of which order of Anti- Corruption Committee was withdrawn is ultra-wires, without jurisdiction and without lawful authority, we feel that Disciplinary Committee has transgressed his power while passing order dated 09.09.2017. In our considered view Committees of the Punjab Bar Council should avoid from becoming a party to any such proceedings and their attitude should be parental and being a part of an independent and autonomous body institution, should decide each case on its own merits within jurisdiction.
10. Under Rule 6(10) of Legal Practitioner and Bar Council Rules 1974. the Secretary of the Punjab Bar Council is duty bound for compliance with the Rules of the Punjab Bar Council and for this purpose copy of this order is transmitted to the Secretary Punjab Bar Council for compliance and copy of this order be also transmitted to the Honourable Vice Chairman and Chairman Executive Committee of Punjab Bar Council for information.