| Case ID |
44dde7d6-65b3-4d5b-8f6a-7d29eb29a3be |
| Body |
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| Case Number |
W.P. No. 17204 of 2021 |
| Decision Date |
Nov 17, 2021 |
| Hearing Date |
|
| Decision |
The writ petition was dismissed as not maintainable due to the availability of an alternate remedy under the Legal Practitioners and Bar Councils Act, 1973. The Court ruled that the petitioner should have pursued an appeal before the Pakistan Bar Council instead of filing a constitutional petition. The decision of the Provincial Bar Council to suspend the petitioner's license was deemed to be subject to appeal, and the Court emphasized the necessity of exhausting all available legal remedies before seeking judicial intervention. The Court noted that the PBC is an autonomous body and not amenable to the constitutional jurisdiction of the High Court, reinforcing the principle that administrative actions by professional bodies should first be challenged within their own frameworks. The petitioner was encouraged to raise her grievances in the appropriate appellate forum. |
| Summary |
This case revolves around the suspension of the advocate's license under the Legal Practitioners and Bar Councils Act, 1973. The petitioner, Nasreen Majeed Chohan, challenged the order of the Punjab Bar Council that suspended her license to practice law, arguing that the decision was made without due process and did not follow the relevant provisions of the law. The Lahore High Court held that the petition was premature as the petitioner had an available alternative remedy to appeal the decision to the Pakistan Bar Council. The Court clarified the procedural requirements that must be followed in such cases, emphasizing the need for fair trial rights under Article 10-A of the Constitution. The ruling highlighted the autonomy of the Bar Council and the necessity for advocates to first utilize internal mechanisms before seeking relief through constitutional petitions. This case underscores key principles of administrative law and the rights of legal practitioners, making it a significant reference for future cases involving disciplinary actions against lawyers. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
JAWAD HASSAN, J.
|
| Lawyers |
Mr. Safdar Shaheen Pirzada, ASC with Petitioner,
Mr. Waqar Saeed Khan, Assistant Advocate General Punjab on behalf of Respondent No. 1,
Mr. Javed Imran Ranjha, ASC for Respondents No. 4 to 5
|
| Petitioners |
NASREEN MAJEED CHOHAN
|
| Respondents |
ADVOCATE GENERAL PUNJAB
|
| Citations |
2022 SLD 1514,
2022 PLJ 99
|
| Other Citations |
2021 SCMR 425,
2017 CLC 1173
|
| Laws Involved |
Legal Practitioners and Bar Councils Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
13(2),
199
|