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ISLAMABAD: The Islamabad High Court (IHC) on Tuesday suspended the licences of two lawyers including the former president of district bar association for their alleged role in storming of the judicial compound on February 8 and intimidating and threatening public functionaries and using inappropriate language on January 16.

“In exercise of powers conferred under section 54(i) of the Act of 1973, pending further proceedings, we hereby order suspension of the licences of the respondents namely, Zafar Khokhar and Hafiz Liaqat Manzoor Kamboh,” said the IHC order.

A three-member larger bench comprising Chief Justice Athar Minallah, Justice Miangul Hassan Aurangzeb and Justice Lubna Saleem Pervez heard the complaint filed by the IHC Registrar.

During the hearing, former president of District Bar Association Islamabad Zafar Khokhar along with his counsel appeared before the bench and filed an affidavit, admitting the incident that had taken place on January 16, at the police station. He took the plea that he was not in uniform and the video footage might have been edited.

The IHC bench noted in its order that submitting a false affidavit could have serious consequences and an act of grave misconduct on part of an enrolled advocate. “The onus is obviously on the respondent [Zafar Khokhar] to satisfy the court that the video footage which had gone viral had been edited or was not genuine. The other respondent Hafiz Liaqat Manzoor Kamboh has preferred not to submit his affidavit,” said the order.

It added that both the respondents were arrested in the criminal case registered in relation to storming Islamabad High Court and rendering it dysfunctional on Feb 8, 2021.

Khokhar was released on bail while Kamboh is incarcerated at the Central Prison, Rawalpindi.

The IHC bench also noted: “The reply of Zafar Khokhar regarding his role and involvement in the incident of storming high court on 8th of February has also not been found to be satisfactory.”

It said as the president of District Bar Association, he is alleged to have been involved in illegal allotment of spaces for construction of purported chambers on public streets, pathways and car parks.

“Prime-facie, case for sending reference/complaint for further disciplinary proceedings to the concerned regulatory authority is made out unless the respondents are able to satisfy us otherwise,” added the court.

It also noted that besides the alleged involvement of the respondents in the incident of storming of High Court on 8th of February, intimidating and threatening public functionaries and using inappropriate language amount to acts of grave misconduct on part of enrolled Advocates because it undermines rule of law and erodes the confidence of the people in the State.

The order said such conduct tarnishes the image of the entire legal fraternity, which has always stood firm for upholding rule of law and the Constitution. “The above described acts, prima-facie, appears to fall within the definition of misconduct as provided under the Legal Practitioners and Bar Councils Act 1973, read with the rules made thereunder. In order to meet the ends of justice, we are affording the respondents another opportunity to satisfy this Court why their cases should not be sent to the respective regulatory bodies for further disciplinary proceedings and cancellation of their licenses,” it maintained.

The court also gave an opportunity to Zafar Khokhar to satisfy the court regarding his plea that the video footage relating to the incident of 16th January was edited. The bench further said he is also expected to satisfy the court that the affidavit submitted by him does not contain any false statement failing which the consequences would ensue.

The court directed the IHC Registrar to obtain a report from the Inspector General of Police, Islamabad Capital Territory regarding the incident that had taken place in the police station Margalla on 16th of January.

Later, the court adjourned the hearing till April 8.

Copyright Business Recorder, 2021

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