SHAHBAZ etc. vs STATE
This matter concerns a petition for pre-arrest bail filed by the petitioners in relation to FIR No. 662/05, registered under Sections 354, 34, and 337-A(ii) of the Pakistan Penal Code 1860 at Police Station Shera Kot, Lahore. The core legal question addressed by the Court was whether a bail application is maintainable when the counsel has willfully suppressed the fact that a previous bail application for the same accused had been dismissed by the Court only one day prior. The Court held that the petition must be dismissed due to this dishonest suppression of material facts, which constitutes an unethical practice. The Court emphasized that such conduct is inconsistent with the traditions of the legal profession and undermines the integrity of judicial proceedings. Consequently, the Court directed the Punjab Bar Council to initiate disciplinary action against the counsel involved for professional misconduct. The judgment establishes the principle that the suppression of material facts, particularly the dismissal of prior bail applications, warrants the immediate dismissal of subsequent petitions and necessitates disciplinary intervention by the relevant Bar Council.
- Does the willful suppression of the dismissal of a previous bail application warrant the dismissal of a subsequent bail petition?
- What is the responsibility of the Bar Council when a lawyer engages in the unethical practice of suppressing material facts before the Court?
- Section 354, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
ORDER
1. The petitioners filed this application for bail before arrest in FIR No, 662/05, dated 27.10.2005, under Section 354, 34, 337-A(ii) PPC registered at P.S. Shera Kot, Lahore.
2. 2.It is very unfortunate that lawyers file bail applications and other petitions without disclosing that bail application of the same accuse person already stands dismissed by the Court. This wilful and dishonest suppression of fact is on increase. This attitude is inconsistent with the tradition and name of this profession. Sadly, some members of the Bar are determined to pollute the good name of this profession. They are following the unethical practice recklessly without being afraid of any punishment, etc. 3.This is a high time that the Punjab Bar Council should realize their moral and statutory duty to purge the community by taking an appropriate action against such members of the Bar. The petitioners filed Ca Misc. No, 15/B/2006, Abbas, etc. vs. The State, which was dismissed vide order dated 6.1.2006. Despite that, the learned counsel filed present petition, Cr1. Misc. No, 255/B/06 on the following day i,e, 7.1.2006, suppressing dismissal of earlier bail application on 6.1.2006. For the same reason, this bail application is dismissed.
4. The Vice-Chairman, Punjab Bar Council and Secretary Punjab Bar Council are directed to take appropriate action against Ch. Muhammad Ramzan, Advocate High Court/Sessions Court, Lahore, CC No, P.Lh.14758, in the light of decision of the Hon'ble Supreme Court of Pakistan known as Zubair's case, PLD 1986 SC 173 and the Punjab Legal and Practitioner Act. The Secretary, Punjab Bar Council is also directed to place a report of action taken against the said counsel through the Registrar of this Court in six weeks.
3. Note: It is clarified that Ch. Muhammad Ramzan, Advocate High Court/Sessions Courts, Lahore, CC.
4. No, PLH. 14758 is not Muhammad Ramzan Chaudhry, Advocate, Supreme Court of Pakistan, Ex- Member and Vice-Chairman, Punjab Bar Council, now Member Pakistan Bar Council having Computer Code No, PLH. 1479."