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PLJ 2021 Lahore 777

Mukhtar Ahmad Qureshi, Advocate vs Learned Advocate General

CitationPLJ 2021 Lahore 777
CourtLahore High Court
Case No.W,P. No. 37313 of 2021
Date2021-06-14
Judge(s)Faisal Zaman Khan
ResultDismissed in Limine

ORDER

Through this petition following prayer has been made: "Under the afore-mentioned circumstances, it is most respectfully payed that the respondents may very graciously be directed to supply the certified copies of the final show cause notice dated 06.01.2021, order dated 03.01.2021 passed by the Respondent No. 2, the inquiry proceedings and recommendations made therein by the so-called inquiry officer/Respondent No. 4 and order dated 08.01.2021 whereby the license of the petitioner was suspended, in the interest of justice, fair play and equity ."

2. At the outset of hearing learned counsel for the petitioner has been confronted with the fact that. Bar Associations/Bar Councils and their office bearers are not amenable to the jurisdiction of this Court in terms of Article 199 of the Constitution of the Islamic Republic of Pakistan (Constitution ), therefore, this petition is not maintainable.

3. In spite of his earnest effort, learne d counsel for the petitioner has not been able to give any plausible explanation.

4. Arguments heard. Record perused.

5. The Honourable Supreme Court of Pakistan in its judgment reported as Government of Sindh through Secretary Education and Literacy Department and others v. Nizakat Ali and others (2011 SCMR 592) has held that every Court prior to taking cognizance of and adjudicating upon an issue should first resort to the question of assumption of jurisdiction of the Court. If it comes to the conclusion that jurisdiction can be assumed only then it can adjudicate upon the issue. The question of assumption of jurisdictio n and its exercise has very comprehensively been dealt with and decided by the Honourable Supreme Court of Pakistan in judgments reported as Fauji Foundation and another v. Shamimur Rehman (PLD 1983 SC 457) and The State v. Zia ur Rehman and others (PLD 1973 SC 49 ).

6. The Honourable Supreme Court of Pakistan in judgments reported as Syed Iqbal Hussain Shah Gillani v.

Pakistan Bar Council and others (2021 SCMR 425) and Mirza Muhammad Nazakat Baig v. Federation of Pakistan through Secretary , Ministry of Law and Justice, Islamabad and another (2020 SCMR 631) has held in clear and unequivocal terms that Bar Associations/Bar Councils are not amenable to the jurisdiction of this Court exercised under Article 199 of the Constitution thus no direction can be issued to them.

7. In view of the above, this petition being not maintainable is dismissed in limine.

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