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28 August 2004 Saturday 11 Rajab 1425






Govt 'agrees' to amend Bar Councils Act

By Mahmood Zaman


LAHORE, Aug 27: The federal government has reportedly agreed to introduce a 'mild amendment' to the Legal Practitioners and Bar Councils Act, 1973.

The amendment to section 54(A) of the act will retain bar councils' powers to take disciplinary action against lawyers for indiscipline and professional misconduct, but the judiciary will also have jurisdiction to proceed against offending lawyers 'in extreme cases'.

The amendment, which the government wants to move in the bill already pending with the Senate, will also define 'extreme cases' and give limited powers to judges of superior courts to discipline lawyers.

The superior courts' judges will have a suo moto power to take action for lawyers indiscipline by way of the amendment which will have, for all practical purposes, an overriding affect.

The government took the decision to introduce the amendment after the bar councils and bar associations launched a countrywide agitation against the move which stripped the bar councils of the disciplinary powers and authorized the judges of superior courts to discipline lawyers.

Legal experts. however, understand that even the 'mild' version of the amendment will not be acceptable as it will not end the conflict because the lawyers will continue to remain under threat in discharging their professional duty independently.

Lawyers want the government to completely withdrawal the move to amend in any way the bill which has been prepared by the Pakistan Bar Council and which envisages only the bar councils to take disciplinary action against offending lawyers.




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