ISLAMABAD: The Supreme Court on Friday issued a show cause notice to a senior counsel representing the Bahria Town real estate tycoon over charges of misconduct, which if established, may lead to the cancellation of the counsel’s licence to practise law in the apex court.

“We are inclined to the view that Ali Zafar, the counsel of Messers Bahria Town (Pvt) Limited has been guilty of misconduct and conduct unbecoming of an advocate,” an eight-page verdict authored by Justice Jawwad S. Khawaja stated.

While heading a three-judge Supreme Court bench, Justice Khawaja had taken exception to a four-page letter by Mr Zafar, addressed to Chief Justice Nasirul Mulk, requesting that the case be transferred to a bench other than the one headed by Justice Khawaja.

The court then provided Mr Zafar an opportunity to explain his apprehensions about Justice Khawaja’s sitting on the bench and when the same was furnished, the bench decided to go through it and pass an order.

In his explanation, Mr Zafar had regretted that despite a general adjournment during his visit abroad, which the chief justice had allowed from March 24 to April 1, his case was fixed on March 25 and heard by the bench headed by Justice Khawaja.

Ali Zafar had written to CJP, objecting to Justice Khawaja’s presence on bench hearing Bahria Town case

The counsel had also expressed serious apprehensions, alleging that the court had already made up its mind to decide the case against his client in the absence of its counsel.

The Supreme Court is seized with a case relating to allegation of encroachment upon forest lands in Rawalpindi and causing a loss of billions to the Punjab government.

The judgement highlighted four “misstatements” that Mr Zafar had made in his explanations and observed that since no valid explanation was forthcoming from him, the court had no option but to show cause the counsel under Order IV Rule 30 of the Supreme Court rules, that allows the top court to suspend or even remove a counsel from practicing in the court.

“The dignity and high-standing of the legal profession and of judges and courts has to be defended for the sake of the independence of the judiciary and the bar and for the effective administration of justice,” the verdict observed.

Justifying why the court had to show cause Zafar for misconduct it said: “This has to be done, if necessary, especially in the face of misconduct or conduct which is unbecoming of an advocate. Such conduct must be curbed if the honour and dignity of the bar and the bench are to be preserved.”

It is not at all the duty of the court to perform duties which advocate on records (AoRs) or advocates of the Supreme Court (ASCs) are bound to perform. This submission is wholly untenable.

Mr Zafar had also mentioned that “issuance of directions against the party to litigation without its lawyer is also against the principles of due process, fair trial and access to justice”. “We do not see how this general statement can be applied to the circumstances of the case. If ASC and AoR are not present when the case is called it is for the court to proceed in the matter or if considered appropriate, to adjourn the case as was done to accommodate Mr Zafar and his client Bahria Town,” the judgement recalled.

Referring to the question of bias of the court against Bahria Town, the judgement noted Zafar had explained that it was an apprehension of Malik Riaz Hussain, the Bahria Town chairman. However, there was no valid basis for such an apprehension, which was wholly unfounded considering that cases against the Bahria Town have been dealt with in the usual course and in the usual manner.

Published in Dawn, April 18th, 2015

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