KARACHI, April 17: The Sindh High Court on Tuesday suspended the Sindh Bar Council decision to remove the PML-Q Lawyers Wing president’s name from the roll of advocates.
Petitioner Mahfoozyar Khan submitted that the SBC issued him no notice and condemned him unheard following publication of reports that he had arranged a lawyers’ convention at the Chief Minister’s House and led a rally from the Supreme Court registry here to the press club in support of the president’s decision to move the Supreme Judicial Council against the chief justice.
He said he had a constitutionally-guaranteed right to join and support any political party. Besides, the SBC members who debarred him from legal practice had not followed the provisions of the Legal Practitioners and Bar Councils Act and Rules. He said he was flying out to London to attend a lawyers’ convention there and would suffer irreparable loss if his licence was not restored.
Appearing on court notice, Additional Advocate-General Sarwar Khan and SBC Secretary G. A. Bhangar submitted that under Section 41 (4) of the Legal Practitioners and Bar Councils Act, only the disciplinary committee could consider a complaint of misconduct against an advocate. It may reject the complaint or forward it to the SBC disciplinary tribunal headed by a high court judge for adjudication. Only the tribunal was empowered to cancel or suspend the licence of a practicing lawyer.
Vehemently contesting the petition along with SBC member M. Aqil Lodhi, Advocate Khawaja Mansoor submitted that council’s disciplinary committee could also cancel or suspend a lawyer’s licence. An SBC notice was carried by the press, though the notice sent to the petitioner was not served on him. He said lawyers working against the rule of law were liable to be removed from the bar council rolls.
A division bench consisting of Justices Sarmad Jalal Osmany and Ali Sain Dino Metlo observed that only the SBC tribunal had the power to take action against a lawyer on the recommendation of the disciplinary committee. Just as the SBC executive committee could not assume the functions of enrolment committee, it could not appropriate the functions of the disciplinary committee. Adjourning further hearing, the bench stayed the operation of the impugned SBC circular debarring Advocate Mahfoozyar Khan.
