The government on Friday pushed through a bill in the National Assembly aimed at empowering the Supreme Court and High Courts to take disciplinary action against advocates and re-fixing the number of seats of members of Provincial Bar Councils.
The government did not face any resistance during the passage of The Legal Practitioners and Bar Councils (Amendment) Bill, 2005, as the opposition had already boycotted the proceedings of the Lower House.
Taking full advantage of the opposition's absence, the treasury for the first time in the National Assembly's 27th session disposed of the whole agenda of the day.
Federal Law Minister Wasi Zafar moved the motion to pass the bill further to amend the Legal Practitioners and Bar Councils Act, 1973.
Speaker Chaudhry Amir Hussain dropped all the proposed amendments of the opposition lawmakers taking advantage of their absence from the House.
According to the amendment in section 5, Act XXXV of 1973, the number of seats for provincial bar councils have been re-fixed as Punjab Bar Council 75, Sindh Bar Council 33, NWFP Bar Council 28 while there would 7 seats in Balochistan Bar Council.
The law also earmarked district-wise allocations of seats for provincial bar councils.
As per amendment in section 22, Act XXXV of 1973; (a) an advocate of the Supreme Court shall be entitled as of right to practice throughout Pakistan and to appear, act and plead before any Court or Tribunal or any Judicial authority in Pakistan.
(b) an advocate of a High Court shall be entitled as of right to practice throughout Pakistan and to appear, act and plead before any Court, Tribunal or any Judicial authority in Pakistan except the Supreme Court
(c) any other advocate shall be entitled as of right to practice throughout the province where he is enrolled to appear, act and plead before any Court, Tribunal or any Judicial authority in such province other than the High Court.
Through another amendment in section 28A, a person shall be disqualified for being admitted as an advocate of any court if;
(a) he was dismissed or removed from service of government or of a public statutory corporation on a charge of involving in misconduct or turpitude.
(b) he has been convicted for an offence involving turpitude by a court or
(c) he has been declared a tout and such declaration has not been withdrawn.
According to an amendment in section 41, Act XXXV of 1973, (a) an advocate may, in the manner hereinafter provided, be reprimanded, suspended, removed from practice or be made to pay such amount of compensation fine or penalty as may be ordered, if he is found guilty of professional or other misconduct.
(b) if a Bar Council has reasons to believe that an advocate has been guilty of professional or other misconduct, it may of its own motion refer the case to its disciplinary committee.
Amendment in section 58, Act XXXV of 1973, sub section (1) says "any person who is not an advocate and practices the profession of law or any person who is not entitled under this Act to practice in the Supreme Court, a High Court or any other Court or Tribunal subordinate thereto practices before the said Court or Tribunal shall be punished with imprisonment for a term which may extend to three years, or with fine up to fifty thousand rupees, or with both."
According to some other amendments, the next elections of the provincial bar councils will be held between October 1, 2009 and December 31, 2009 and the term of the next Provincial Bar Councils would commence from January 1, 2010.
The statement of objects and reasons of the bill says the Legal Practitioners and Bar Councils Act, 1973 was enacted with a view to giving maximum autonomy to the elected bodies of lawyers and also to regulate the legal profession.
Under this act, some elections have been held and the experience shows that there are several inconsistencies and contradictions in the Act besides duplication of powers given to committees and tribunals.
Similarly, there are certain provisions under the Act, which negate the very object of its enactment. In order to maintain discipline in the profession, besides the Bar Councils, the High Courts and the Supreme Court are also being empowered to take disciplinary action against advocates guilty of misconduct.
On account of existing provisions of section 5 of the Act, the number of seats of members of provincial bar council have increased over the years to unmanageable extent, which apart from making functional problems and difficulties, is also causing extra financial burden on resources of the provincial bar councils. It necessitates reduction and re-fixation of number of seats of members of provincial bar councils. Besides passage of the bill, the government also presented reports of standing committees in the Lower House.
The standing committees reports on The National Development Finance Corporation (Repeal) Bill 2005, The Companies (Amendment) Bill, 2005, The Alternative Energy Development Board Bill, 2005 and The Tibb-e-Unani, Ayurvedic, Homeopathic, Herbal and any other non-Allopathic Medicine Bill, 2005 were presented before the House.
Federal Minister for Parliamentary Affairs, Sher Afgan Niazi laid two more ordinances before the House including The Pakistan Telecommunication (Re-organisation)(Amendment) Ordinance, 2005 and The Alternative Energy Development Board Ordinance, 2005.
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