2005 MLD 844 BAR-COUNCIL-TRIBUNAL-NWFP Side Appellant : Mst. RAHAM BIBI Side Opponent : AZMAT HAYAT KHATTAK, ADVOCATE ---Ss. 41, 42 & 43---Complaint against counsel---Appeal before Tribunal---Complainant, who was real mother of respondent/accused Advocate had alleged that she engaged him as counsel in her civil suit which he conducted and was decreed in her favour, but said counsel subsequently challenged said decree alleging it fictitious and forged---Complainant had alleged in her complaint that respondent being her counsel could not challenge vires of decree passed in her favour by Court in which respondent appeared as her counsel and by doing so respondent Advocate had violated the canon of professional conduct prescribed for Advocates---Complainant had prayed for stern legal act ion against the Advocate---Parties submitted written arguments and members of Disciplinary Committee of Bar Council considered said written arguments and data available on record and adjourned complaint sine die vide impugned order against which appeal had been filed by complainant---Respondent Advocate by challenging vires of a decree secured by complainant in which he was counsel, admittedly had violated the norms of Professional ethics and the rules framed under provisions of Legal Pract itioners and Bar Councils act , 1973 Advocate enjoyed a very high position in the society, and the Courts of law as well general public reposed great trust in Advocates---Advocates were expected to maintain the dignity of legal profession and not to betray sacred trust in them---Advocate, in the present case, had act ed in a very irresponsible and callous manner with his own mother who was his client---Advocate having been found guilty of professional misconduct, he was suspended from profession for a period of five years with the costs of proceedings.
Posted on: Sun, 26 Jan 2014 11:37:26 +0000
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