Barrister MASROOR SHAH vs N.-W.F.P. BAR COUNCIL and another
This petition for leave to appeal challenged a Peshawar High Court judgment dismissing a writ petition filed under Article 199 of the Constitution. The petitioner, an advocate, sought exemption from the two-year lower court practice requirement to qualify for a High Court license under Section 27(c) of the Legal Practitioners and Bar Councils Act, 1973. His application to the N.-W.F.P. Bar Council remained pending for over one and a half years, despite a statutory adjudication period of six months under Rule 5.7 of the N.-W.F.P. Bar Council and Legal Practitioners Rules, 1996. The Supreme Court agreed that the inordinate delay, not attributable to the petitioner, adversely affected his seniority in the legal profession. Consequently, the Court converted the petition into an appeal, allowed it, and set aside the impugned High Court judgment.
- Can inordinate delay by a Bar Council in adjudicating an application for an advocate's license, beyond the statutory period, prejudice an applicant's rights?
- Does a delay in processing an advocate's license application, not attributable to the applicant, affect their seniority in the legal profession?
- Can a High Court judgment dismissing a writ petition concerning administrative delay by a Bar Council be set aside by the Supreme Court?
- Article 199, Constitution of the Islamic Republic of Pakistan
- Section 27(c), Legal Practitioners and Bar Councils Act, 1973
- Rule 5.7, N.-W.F.P. Bar Council and Legal Practitioners Rules, 1996
' IJAZ-UL-HASSAN KHAN, J.---Through instant petition, Barrister Masroor Shah, petitioner, seeks leave to appeal against judgment dated 10-4-2007 passed by learned Peshawar High Court, Peshawar, dismissing Writ Petition No, 490 of 2007 filed by the petitioner under Article 199 of the Constitution of the Islamic Republic of Pakistan.
2. The petitioner applied to respondent No,1 i,e, N.-W.F.P. Bar Council, Peshawar, through its Secretary, for grant of licence to appear, act and plead as an Advocate to lower Courts, which was granted on 30-6-2001. The petitioner on 2-7-2001 submitted an application to respondent No,1, claiming exemption from condition of two years practice before the lower Courts in order to qualify for the grant of licence to appear, act and plead as an Advocate of the High Court, under section 27(c) of the Legal Practitioners and Bar Councils Act, 1973 (hereinafter referred to as the 'Act'). The application was forwarded to the Administration Committee of the Peshawar High Court, where it remained pending adjudication for more than one and a half years. Ultimately, the exemption sought was granted and licence to practice law before the High Court was issued on 8-2-2003. The grievance of the petitioner in nutshell is, that by reason of inordinate delay caused by the respondents in adjudicating upon the petitioner's application under section 27(c) of the Act within the statutory period of six months as enunciated by law, the rights of the petitioner have been materially prejudiced.
3. We agree with the petitioner that by reason of an inordinate delay caused by the respondents in adjudicating upon the petitioner's application within the statutory period of six months as enunciated by Rule 5.7 of the N.-W.F.P. Bar Council and Legal Practitioners Rules, 1996, the petitioner's seniority in the legal profession has been adversely A affected with any fault on his part.
The delay is not attributable to the petitioner.
4. In view of the above, while converting the petitioner into appeal, we allow the same and set aside the impugned judgment dated 10-4-2007 of the Peshawar High Court, Peshawar.