ISLAMABAD: Taking notice of the tendency of exhibiting boorish behaviour in courts by lawyers, the Supreme Court on Tuesday bemoaned over lethargic attitude of the Punjab Bar Council despite receiving almost 5000 complaints of litigants against advocates accused of professional misconduct.

“This is a sorry state of affairs that 5000 complaints have been lodged over the past few years but to date only 17 disciplinary actions have been taken and that too against non-professional lawyers,” observed Justice Jawwad S. Khawaja while referring to a report submitted by Chairman of Executive Committee of the Punjab Bar Council Chaudhry Abdus Salam.

Justice Khawaja was heading a two-judge Supreme Court bench that had taken a case relating to Oct 24, 2013, recommendation by a tribunal especially set up by the Punjab Bar Council to scrutinise the demeanour and conduct of a lawyer Malik Haider Zaman.

The court had asked the bar councils to assist the Supreme Court in examining the Legal Practitioners and Bar Councils Act, 1976, which deals with the code of conduct to ensure discipline among advocates.

The Punjab Bar Council got tangled in the matter when Haider Zaman allegedly displayed inappropriate behaviour and hurled allegations against the presiding judge Farhat Jabeen Rana while seeking a bail from the trial court in Sheikhupura district for his client Salamat Ali, alias Chamma.

Though the trial court exercised extreme restrain, the conduct of the counsel was recorded in its July 21, 2012, order as unbecoming of a lawyer. His client Salamat Ali was facing charges of attempted to murder, unlawful assembly, damaging property and indulging in riots registered under the Pakistan Penal Code (PPC) at the Police Station Muridkaey (Sheikhupura).

Zaman later challenged the order of the trial court in the Lahore High Court which maintained the findings. Subsequently an appeal was moved in the Supreme Court.

During the previous proceedings, the Supreme Court had appreciated the approach taken by the trial court in the face of provocation and trying circumstances and had directed the Punjab Bar Council to initiate disciplinary proceedings against the counsel.

Consequently, the provincial bar council notified a tribunal which held an inquiry but its findings were declared by the Supreme Court to be unsatisfactory and prima facie fallen short of the standards set for the advocates in the code of conduct prescribed in the law.

On Tuesday, Chaudhry Abdus Salam assured the court that the provincial bar was fully cognizant of circumstances and disciplinary proceedings will be taken proactively so that such lawyers were dealt with in accordance with the law.

The chairman executive committee also admitted that there were certain persons who were masquerading as lawyers and appearing before the courts but they will surely be proceeded against.

The court ordered the rest of the three provinces to submit reports suggesting how many complaints have been received by the provincial bar associations and what action have been taken by them.

Justice Khawaja, however, appreciated that Balochistan was the best province in terms of the behaviour on part of lawyers. The case will be taken up after two weeks.

Published in Dawn, February 4th, 2015

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