PESHAWAR: Peshawar High Court has suspended the licences of two lawyers for their absence from the hearing into a criminal appeal for more than a year despite receiving the fee from the appellant.
A bench consisting of Chief Justice SM Attique Shah and Justice Mohammad Ijaz Khan issued show-cause notices to lawyers Irfan Ali Khan and Fida Mohammad Yousafzai requiring them to explain why the matter should not be referred to the Khyber Pakhtunkhwa Bar Council for appropriate disciplinary proceedings in accordance with the law.
It observed that the conduct displayed by the two lawyers, prima facie, constituted professional misconduct.
“Their [lawyers’] replies shall be submitted within a fortnight. In the meanwhile, their professional licences shall remain suspended,” the court declared while fixing the next hearing for Nov 12.
Issues show cause notices to them
It also directed lawyer Irfan Ali to contact the son of the convict-appellant and refund the entire professional fee of Rs680,000 to him in a lump sum forthwith against a proper receipt, which should be annexed with his written reply to be made part and parcel of the records of the appeal.
The bench also declared that the son of convict-appellant Makhdum Khan is at liberty to engage another counsel of his choice in the case.
It added that a copy of the order sheet should be sent to the chairman and vice chairman of the Khyber Pakhtunkhwa Bar Council as well as to the district and sessions judge of Swabi for information and necessary action.
The issue surfaced when the bench was hearing an appeal of convict Makhdum Khan that was filed by Mr Irfan on his behalf on May 6, 2025.
The court observed that the entire order sheets revealed that after the filing of the appeal, the counsel neither appeared himself nor deputed his associate, Mr Fida, to appear on his behalf, even on a single date of hearing.
“For more than one year, the matter has been adjourned from time to time on account of the unavailability of the learned counsel for the convict-appellant. Even today, the position remains unchanged, which clearly demonstrates that he has continued to remain instrumental in aggravating and multiplying the hardships and agonies suffered by the appellant, who has been languishing behind bars,” the bench pointed out.
It added that the provision of inexpensive and expeditious justice to litigants was a mandatory constitutional obligation under Article 37(d) of the Constitution, 1973.
The son of the convict-appellant, who was present in the court, claimed that the counsel, despite having received a substantial amount of Rs680,000 as professional fee in the case, didn’t take interest in appearing and arguing the matter.
On the court’s orders, Mr Irfan appeared through a video link and insisted that as his client had taken back the brief, he was handicapped in appearing and arguing the case.
“However, this plea is devoid of substance, as the records reveal that on 03.06.2026, the appeal was adjourned at the request of the clerk of the learned counsel for the appellant,” it observed.
Published in Dawn, October 8th, 2026
