P L D 2021 Islamabad 169
(a) Pakistan Legal Practitioners and Bar Councils Rules, 1976---
----Rr. 134, 152 & 172---Duty of enrolled advocate---Professional honour---Code of conduct---Honour of profession is advanced when an advocate renders professional services or give advice undertaking exact compliance with the strictest principles of moral law---Integral part of prescribed code of conduct is that an advocate himself has to observe and advices his client to obey and respect statute law---Advocate has his/her highest honour in a deserved reputation for fidelity to private trust and to public duty as an honest man and or a patriotic and loyal citizen---Status of enrolled advocate in a society is extraordinary and unique---Advocates are foot soldiers of no one except the Constitution and law, they have distinction of being members of the most noble amongst the professions---Advocates are guardians of the Constitution and law and their professional obligation requires each member of legal fraternity to serve the society---Legal profession is not a business but service to the society and the nation---Every enrolled advocate is to act in the best interest of society having regard to strict compliance with enforced laws.
(b) Pakistan Legal Practitioners and Bar Councils Rules, 1976---
----R. 175-A---Professional misconduct---Regulatory bodies, duty of---Scope---Non-observance or violation of professional conduct and etiquettes are deemed to be professional misconduct under R.175-A of Pakistan Legal Practitioners and Bar Councils Rules, 1976, exposing him to disciplinary proceedings---Respective statutory Bar Councils are competent forums to regulate conduct of enrolled advocates and hold them accountable for violations of canons of conduct and etiquettes---Enrolled advocates cannot indulge in deception or betrayal of public---If giving advice to a client in any manner, in violation of law is misconduct then it is a graver misconduct for an enrolled advocate to take law into his or her own hands---Such enrolled advocate besides committing misconduct, is no more eligible to be certified as 'fit and proper' by High Court to be considered for pleading or appearing before Supreme Court---Enrolled advocate who has taken law into his or her own hands also cannot be certified as having 'character and conduct' worthy of being considered for being enrolled as advocate of High Court.
(c) Constitution of Pakistan---
----Art. 9---Right to life---Unregulated and illegal construction---Effect---Unregulated and illegal construction has profound consequences in the context of irreversible damage to environment---Enforcing existing enforced laws and regulatory framework in Islamabad Capital Territory has become inevitable because right to life guaranteed under Art.9 of the Constitution is being flagrantly violated.
(d) Pakistan Legal Practitioners and Bar Councils Rules, 1976---
----Rr. 134, 152, 172 & 175-A---Capital Development Authority Ordinance (XXIII of 1960), S.12---Illegal possession---Amenity and public utility plots---Restoring status of plots---Petitioner alleged that allotments made to advocates by Islamabad District Bar in playground or elsewhere were without lawful authority and jurisdiction and sought restoring the status of amenity plots---Validity---Allotments made to advocates by Islamabad District Bar in playground or elsewhere without lawful authority and jurisdiction---Office bearers of District Bar were exposed who were involved in such illegal acts to disciplinary proceedings for misconduct---Enrolled advocates who accepted such illegal allotments had also no lawful justification to construct chambers on State land---High Court declared purported allotments made by Islamabad District Bar in playground as illegal, void and without jurisdiction and authority---Encroachments on any State land and any construction thereon in violation of Capital Development Authority Ordinance, 1960, and rules or regulations made thereunder were illegal, void and liable to be removed---Any advocate who took law into his or her own hands or had violated law in any manner whatsoever was not eligible to be certified by High Court as 'fit and proper' to plead and appear before Supreme Court---Any enrolled advocate who volunteered to take law in his/her own hands could not be certified as having 'character and conduct' for the purposes of being enrolled as an advocate of High Court---High Court directed members of Bar to clear illegal construction and restore playground for public use as small fraction of total number of members of Islamabad District Bar were beneficiaries of illegal construction of chambers---High Court further directed Federal Government and Capital Development Authority to restore the playground for use of public in case the same was not restored within specified time---High Court also directed Federal Government to enquire into inaction of public functionaries and to proceed against those officials who were responsible for depriving general public from exercising constitutionally guaranteed rights-
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