1. Registrar's note of today seen. It be read as part of this Order.
2. I did have an uneasy feeling that Mr. Hamid Khan was not such an Advocate; who would do such a thing for any personal reason; but unfortunately he did not like to obey the order for placing on record the certificate as required in the last part of the judgment, dated 28th October, 1991.
3. Though belated, the A.O.R. Has now certified amongst others that the petitioner who is an Advocate was extremely worried .... It was on his insistence and specific solicitation that the C.P.L.A. Was filed at Rawalpindi ... " The further reason in the certificate that the petitioner wanted to obtain an immediate interim relief/stay order can now be interpreted in a certain manner, but that will not reflect on the conduct of either of the counsel. They cannot be aware of all the motivations of the client and thus they now stand absolved, in the light of the certificate of the A.O.R. It should and could have been furnished by the A.O.R. Even if not by the learned Advocate. But keeping in view my personal assessm ent of his general conduct and demeanour in Court, which has almost always been not only good but also pleasant, the Court will not now insist on a certificate from him also.
4. That being so to that extent and related context, would recommend the review of the order dated 28th October, 1991.
5. Before placing this opinion for consideration of the other Honourable JJ on the Bench, I would like to make some further remarks for sympathetic consideration of my learned brothers on the Bench.
6. One, that the office has objected to the maintainability of the review application. The office may not be wrong; but we have recently ruled that suo motu review power can be exercised in fit cases.
7. Here, as the conduct (and may be career) also of two members of the honourable profession of law is involved, it is a fit case, in my opinion, for exercising discretion in favour of suo motu review, rather than rejecting it on technical grounds.
8. Two, it is true that a suspicion had arisen that certain resolution/s passed by the Pakistan Bar Council could have effect on the outcome of these review proceedings. But proper enquiry having been made by the office on this question; no direct evidence to take the matter farther than mere suspicion is forthcoming to link this case with the resolution/s of Pakistan Bar Council. Therefore, there is no need to keep it pending for indefinite period, so as to await any further probe in that issue. The same would be the conclusion if the recent resolution passed by the Full Court, constituting a Committee of the senior most Honourable JJ of the Court to discuss and resolve difference of opinion, if any, which the Pakistan Bar Council feels; exists regarding the application of certain laws, is kept in view.
9. Three, a question has been raised in the grounds of the review; regarding the advice/direction and/or orders, by the Court in connection with its power and duty to effectively control the proceedings. There are indications enough in the age old practice and the laws applicable including the code of conduct that such power rather duty does exist. No more comment is needed in that behalf.
10. For all the above reasons, to the extent indicated, I would review the order, dated 28th October, 1991.
11. The case now shall be placed before the Honourable JJ for their opinion.
12. (Sd.)
13. CHIEF JUSTICE 14-4-1992 Registrar: Registrar's note of 14-4-1992 mentioned at the beginning of Honourable C.J: s order is reproduced below:-- "Mr. Ejaz Ahmad Khan, Advocate-on-Record for the petitioner Muhammad Mustafa in Civil Petition No.224 of 1991, has submitted an application stating that the petition was filed at Rawalpindi at the insistence and specific solicitation of the petitioner.
14. Submitted for order.
15. (Sd.)
16. REGISTRAR 14-4-1992.
17. H.CJ. Submitted for-order.
18. (Sd.)
19. REGISTRAR 15-4-1992.
20. I agree.
21. (Sd.)
22. WALL MUHAMMAD KHAN, J.
23. The third Honourable Judge of the Bench, Mr. Justice Naimuddin has retired.
24. (Sd.)
25. REGISTRAR 15-4-1992.
26. Place it before HJ(8) as third Honourable Judge.
27. (Sd.)
28. CHIEF JUSTICE 15-4-1992.
29. 1 agree.
30. (Sd.)
31. MUHAMMAD AFZAL LONE, J