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19 May 2004
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Wednesday
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28 Rabi-ul-Awwal 1425
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LHC wants power cancel licences of lawyers
By Mahmood Zaman
LAHORE, May 18: The Lahore High Court has proposed an amendment to its rules with a view to seeking powers to cancel licences of lawyers practising at the high court, it is learnt.
In its proposal to the Law and Justice Commission of Pakistan, the LHC wants volume V of its rules amended. If approved, the high court will be able to maintain a roll of its lawyers in line with the Supreme Court practice.
Its administrative committee will then have powers to proceed against lawyers on complaints and also take suo moto action besides initiating proceedings on reference from the LHC.
The LHC will also be delegated powers to conduct test and interview of lawyers who become eligible for practice at the high court level after completing a two-year practice following registration with the Punjab Bar Council.
Under the law, a lawyer qualifies to do practice at the high court two years after taking up law as profession. The qualification for the Supreme Court is a standing of 15 years at high courts.
JUDGE TRANSFER: Lahore High Court Chief Justice Iftikhar Husain Chaudhry and representatives of the bar on Tuesday agreed to resolve the conflict at Lahore sessions court with acceptance of key demands of the bar.
Leaders of the Pakistan Bar Council, Punjab Bar Council, Lahore High Court Bar association and the Lahore Bar Association called on the chief justice in the morning and later told a news conference that their demands for transfer of Lahore District and Sessions Judge Khalil Ahmad Chaudhry and withdrawal of criminal charges against the agitating lawyers had been accepted.
The lawyers, in reply, withdrew the call for a province-wide boycott of courts on Wednesday and dispensed with their protest camp at Aiwan-i-Adal. The strike call had been issued by the Punjab Bar Council, conditional to acceptance of lawyers' demands.
Punjab Bar Council vice-chairperson Chaudhry Tanviru Rehman Randhawa, Pakistan Bar Council secretary Farooq Zaman Qureshi, Lahore High Court Bar Association president Ahmad Awais and Lahore Bar Association president Mirza Haneef Baig praised the chief justice's "positive" attitude towards the conflict.
They were of the view that the stand taken by lawyers' representative bodies, particularly the LBA, stood vindicated as no lawyer was to be penalized for the unfortunate incidents at sessions court.
However, what they did not divulge was that the dispute was resolved when they assured the chief justice that lawyers responsible for the incident would be proceeded against and might have their licences cancelled.
According to sources, the meeting discussed both aspects of the affair and it was agreed that if the Lahore High Court initiated proceedings against the offending judicial officers, the bars would fix responsibility on those who fanned the conflict with their highhandedness. The names of two lawyers who had misbehaved with Judicial Magistrate Dr Nawaz Gondal were particularly mentioned in this regard.
Mr Awais said the chief justice had taken a strong exception to professional misconduct on the part of additional sessions judges, civil judges and judicial magistrates who acted like a trade union to mount pressure on the superior judiciary by tendering their resignations.
According to him, the Lahore High Court had initiated an inquiry into the matter of resignations. He said the episode presented a dangerous trend in the subordinate judiciary. It was unbecoming of the members of lower judiciary to behave the way they did on May 14.
He said the incident was an attempt of the vested interests to divert the attention from lawyers' sublime objectives of restoring the rule of law, independence of judiciary and strict constitutional discipline in all walks of national life.
Meanwhile, District and Sessions Judge Khalil Ahmad Chaudhry did not attend office for the second day on Tuesday. He is likely to be transferred in a few days. Before that he would be considered on "leave".
Some lawyers believe the transfer of a district and sessions judge is a major step unthinkable in normal circumstances. The news conference was attended by a number of lawyers, including all office-holders of the LHCBA and the LBA and some members of the Punjab Bar Council, including Chaudhry Mohammad Ramzan and Pir Masood Chishti.
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