| Case ID |
e1fc480a-1ccb-4446-8a1e-09906533c6ad |
| Body |
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| Case Number |
D-1310 of 2004 |
| Decision Date |
Dec 23, 2004 |
| Hearing Date |
Dec 01, 2004 |
| Decision |
The court held that the amendments to the Legal Practitioners and Bar Councils Act, 1973, specifically the increase in the qualifying practice period from 7 years to 10 years, could not operate retrospectively to the disadvantage of the petitioners. The court recognized that the petitioners had acquired a vested right to contest elections once they filed their proposals on 25-10-2004. The notification issued by the Returning Officer on 5-11-2004 was declared void ab initio, and the elections to the Provincial Bar Council were to be conducted based on the unamended Act. The decision emphasized the importance of protecting vested rights against retrospective legislative changes, ensuring that the petitioners' rights to representation in the Provincial Bar Council were preserved. |
| Summary |
In the case of Hanif Ahmed Bhatti vs. Federation of Pakistan, the Sindh High Court addressed significant legal issues regarding the amendments to the Legal Practitioners and Bar Councils Act, 1973. The court's decision focused on the implications of increasing the qualifying practice period for advocates from 7 to 10 years, which adversely affected the petitioners' ability to contest elections for the Provincial Bar Council. The court ruled that such amendments could not be applied retrospectively, thus safeguarding the vested rights of the petitioners. This case is pivotal in understanding the protection of legal practitioners' rights and the application of constitutional provisions ensuring equal representation and protection under the law. The ruling reinforces the principle that amendments should not infringe upon previously established rights, especially in matters of election and representation. This case is relevant for advocates, legal practitioners, and policymakers, as it highlights the balance between legislative changes and the protection of individual rights within the legal framework. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Bar Council,
Sindh Bar Council
|
| Judges |
Sarmad Jalal Osmany,
Amir Hani Muslim
|
| Lawyers |
Raja Qureshi,
Abdul Hafeez Lakho,
Ghulam Shabbir,
Rasheed A. Rizvi,
Abrar Hassan,
Anwar Manzoor Khan,
Nadeem Azhar Siddiqui
|
| Petitioners |
Hanif Ahmed Bhatti
|
| Respondents |
Federation of Pakistan
|
| Citations |
2005 SLD 1903,
2005 PLD 364
|
| Other Citations |
PLD 1998 SC 388,
PLD 1984 Quetta 117,
PLD 1965 Pesh. 46,
PLD 1964 SC 673,
PLD 1969 SC 599,
PLD 1961 (W.P.) Lah. 842,
PLD 1966 Lah. 900,
PLD 1986 Lah. 310,
PLD 1995 SC 66,
PLD 1999 SC 1026,
PLD 1999 Kar. 372,
1992 SCMR 563,
PLD 1993 SC 341,
PLD 2001 AJ&K 60,
1998 SCMR 1404,
2003 PLC 143,
2002 SCMR 272,
1993 SCMR 1905,
1986 SCMR 1917
|
| Laws Involved |
Legal Practitioners and Bar Councils Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
5-A,
199,
25
|