ISLAMABAD: The disciplinary committee of Pakistan Bar Council on Friday was requested to initiate proceedings in accordance with law against Barrister Kamal Azfar, Advocate Supreme Court, for his professional misconduct which he adopted during hearing of Federation's review appeal on annulled National Reconciliation Ordinance (NRO).
The application moved by Solicitor General Ministry of Law and Justice said that after October 13, 2010 there was no client-counsel relationship between Federation and Barrister Kamal Azfar.
That Barrister Kamal Asfar leveled uncalled for, false, frivolous and malicious allegations against the Federation in the following manner which appeared in daily Express in its issue dated 13-04-2011, the statement said while referring to yesterday's proceedings.
"He was in no way justified legally, morally or professionally to give the above statement which embarrassed the position of the Federation before the Supreme Court," it added.
Citing reason, it said in this way Kamal Afzar has committed gross misconduct by shaking the confidence of his client i.e, the Federation and has rendered himself to disciplinary proceeding by the Pakistan Bar Council.
"That by misrepresenting before Supreme Court of Pakistan, Barrister Kamal Azafar has committed gross professional misconduct which warrants initiations of disciplinary proceedings against him," it added.
The application also contained brief details of the previous proceedings and the stances taken by Barrister Kamal Azfar with relevant documents.
Barrister Kamal Azfar was appointed to represent the Federation in the case Civil Review Petition No.129 of 2010 by the Minister of Law Justice and Parliamentary Affairs.
He remained counsel till 06-10-2010 when he was appointed as Advisor to the Prime Minister of Pakistan. He was relieved of his assignment as his services were no more required by the Federation.
The Supreme Court was pleased to allow Sardar Muhammad Latif Khan Khosa, ASC to apeak on behalf of the Federation in the above mentioned Civil Review Petition No.129 of 2010 on 13-10-2010 vide order passed in CMA No.2945/2010.
Kamal Azfar on October 30, 2010 wrote an unauthorized letter to the Registrar, Supreme Court, similarly, a letter dated 01-03-2011 to the Registrar of the Supreme Court in which he posed himself to be a counsel on behalf of federation. Relevant para is reproduced for reference:
"The above mentioned Civil Petition was fixed for hearing on October 13, 2010. I had submitted my resignation as Adviser to the Prime Minster and reached Islamabad on October 12 to be present in Court. Since Sardar Muhammad Latif Khan Khosa was appointed to represent the Federation on the eve of the hearing and it would have been improper for two Counsels to represent the same party, I returned to Karachi on October 13, 2010."
The Full Court was pleased, by its order dated October 13, 2010, to allow the substitution permitting Sardar Muhammad Latif Khan Khosa to argue on behalf of the Federation of Pakistan. Sardar Muhammad Latif Khosa sought time which was granted.
The petition was fixed on October 13, 2010 and had stated that he was available to argue the case. It is pertinent to mention here that his authority to represent the Federation was already withdrawn.
Barrister Kamal appeared on 11-04-2011 and stated before the Court, "that though it was always a privilege to appear and assist the apex Court, but in the instant case, the Federation of Pakistan had taken away brief from him, and instructed Dr. Khalid Ranjha to appear and argue the case."
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