| Case ID |
166ac7e4-c1d0-44c2-9432-088c1822bf3c |
| Body |
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| Case Number |
Civil Appeal No.1149 of 2007 |
| Decision Date |
Aug 21, 2008 |
| Hearing Date |
Apr 15, 2008 |
| Decision |
The appeal was allowed, setting aside the judgment dated 27-3-2007 of the Lahore High Court. It was determined that the objections filed by the respondents were invalid as they were based on privileged communication obtained during the course of employment as counsel for the appellant. The court emphasized that the constitutional jurisdiction cannot be invoked by a person with unclean hands and that the professional secrecy of communications between an advocate and their client must be upheld. The case highlighted the importance of maintaining ethical standards within the legal profession and the consequences of breaching such standards. |
| Summary |
In the case of Muhammad Maqsood Sabir Ansari versus District Returning Officer, the Supreme Court of Pakistan addressed significant legal principles surrounding the privilege of communications between an advocate and their client. The court ruled on the ethical implications of a counsel utilizing privileged information against their former client in an election dispute. The case underscored the importance of Article 9 of the Qanun-e-Shahadat, which protects professional communications, and the discretionary nature of the constitutional jurisdiction of the High Court. The decision reinforced the legal framework governing election qualifications and the necessity for transparency and integrity in the electoral process, particularly regarding the definitions of 'peasant' under the Punjab Local Government Ordinance. This ruling serves as a critical reference for advocates, legal practitioners, and individuals involved in electoral politics, emphasizing the need for adherence to ethical standards and the potential consequences of misconduct. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
ABDUL HAMEED DOGAR, C.J.,
CH. EJAZ YOUSAF,
MUHAMMAD FARRUKH MAHMUD
|
| Lawyers |
Dr. Babar Awan, Senior Advocate Supreme Court,
Arshad Ali Ch., Advocate-on-Record for Appellant,
Tariq Mehmood, Advocate Supreme Court,
G. N. Gohar, Advocate-on-Record
|
| Petitioners |
MUHAMMAD MAQSOOD SABIR ANSARI
|
| Respondents |
others,
DISTRICT RETURNING OFFICER, KASUR
|
| Citations |
2009 SLD 1211,
2009 PLD 28
|
| Other Citations |
Hakam v. Emperor AIR 1934 Lah. 269,
Gopilal and others v. Lakhpat Rai and others AIR 1918 All. 38,
State Bank of India v. Mrs. I.K. Sohan Singh AIR 1963 Pun. 27,
Muhammad Yaqoob Khan v. Adalat Khan 1983 CLC 976
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Punjab Local Government Ordinance (XIII of 2001),
Constitution of Pakistan (1973)
|
| Sections |
9,
152,
2(xxvi),
199
|