PHC seeks bar councils’ response to plea against suspension of lawyers’ licences
PESHAWAR: The Peshawar High Court on Friday issued notices to the Pakistan Bar Council (PBC) and Khyber Pakhtunkhwa Bar Council (KPBC), seeking their response to petitions of two noted lawyers against the suspension of their licences by the two forums.
A bench consisting of Justice Syed Arshid Ali and Justice Dr Khurshid Iqbal heard petitions of advocates Shabbir Hussain Gigyani and Ali Azim Afridi, whose licences were recently suspended by the PBC and KPBC, respectively, for violating a strike call given by them.
Also, Justice Ijaz Anwar of a single-member bench heard contempt pleas of the lawyers against the two councils’ office-bearers as well as president and general secretary of the PHC Bar Association for “violating” the high court judgements from 2023 and 2025 to stop lawyer bodies from passing resolutions to bar legal practitioners from exercising the right to practice and their entitlement to practice by choice.
Hearings into the cases were adjourned by the benches to Oct 14.
Gigyani, Afridi were recently barred by PBC, KPBC from practice for violating strike call
Mr Gigyani contended before the two-member bench that he often highlighted issues of grave public importance, including legality of internment centres established under the KP Action (in Aid of Civil Power) Ordinance, 2019, which was declared unconstitutional by the high court.
He said that the issue cropped up from the suspension of his membership by the Peshawar Bar Association on Sept 27 as he extended legal assistance to a police official, Syed Behramand Shah, named in a Charsadda murder case.
The petitioner said that he contacted Mr Azim Afridi about the issue who agreed to file a petition on his behalf and plead his case.
He contended that while his petition was fixed for hearing on Oct 1, a large number of lawyers informed the court that no hearing should take place due to the strike called by the bar council.
Mr Gigyani claimed that attempts were also made to attack him and Mr Afridi on Oct 3 on the premises of the high court.
“Out of nowhere, the right to engagement of counsel by choice was viewed with a jaundiced eye and declared professional misconduct by a few,” he said.
The petitioner said the impugned order was issued by the PBC on Oct 8, suspending his licence on the grounds contrary to multiple provisions of the Constitution, including Articles 10 and 10-A, and the mandate assigned to the PBC under the Legal Practitioners and Bar Council Act.
He contended that the respondents had taken for granted the earlier judgement of the high court delivered on June 20, 2025, disallowing such resolutions to bar legal practitioners from their right to practice and their entitlement to practice by choice.
Mr Afridi contended that during a PHCBA general body meeting on Oct 4, a complete ban was announced on his and his clerk’s entry to the PHC and all other courts.
He added that on Oct 8, the KPBC issued the order to suspend his practicing licence on the grounds of his appearance before the court during strikes.
The petitioner referred to a Jan 24, 2023,high court judgement in support of his contention, saying the respondents violated it and thus, committing contempt of the court.
Published in Dawn, October 11th, 2025