' RASHID AZIZ KHAN, J.---Facts in brief leading to the filing of this petition for leave to appeal are that petitioner is a practising Advocate. He was engaged in a case emanating out of F.I.R. No,842, dated 18-11-2000, under sections 365, 364, 324, 452, 148, 149/302, P.P.C. Registered at Police Station Phool Nagar, District Kasur. Petitioner in his capacity as an advodate applied for bail of one of the convicts before Judge, Special Court (Anti-Terrorism) No,2. Lahore, on which notice to the State as we11 as direction to the Police to produce the record of the case was issued. On the next date of hearing, record was not made available by the Police. Case was adjourned. Petitioner himself went to the office of S.P. (Crimes) to convey him the direction of the Court for producing the record on the next date. On the next date the Investigating Officer brought this fact to the notice of the Court that the petitioner in his capacity as an advocate had come to the Police Station. The learned Judge held that petitioner by this act had become a witness therefore, was not competent to represent the accused. Petitioner challenged the said order before a Division Bench of Lahore High Court, who vide its order dated 9-4-2001 dismissed the Writ Petition and held that the petitioner was debarred from appearing on behalf of the accused in the said case. In the present petition, the order of the learned Division Bench of the Lahore High Court has been impugned.
2. We have heard both the sides at length and perused the live. We agree with the submissions of the learned Assistant Advocate-General that the petitioner only conveyed the order of the Court to the Police for production of the record. In such circumstances, by no stretch of imagination, it cannot be held that he had become a witness. After having gone through the order impugned, we find that it cannot sustain because it is against the facts as well as law. Therefore, we convert this petition into appeal, allow the same and set aside the order impugned. There will, however be no order as to costs.