In a significant legal development, the Punjab Bar Council (PBC) has reinstated the practising licence of Advocate Mian Ali Ashfaq, the legal representative for controversial YouTuber Rajab Butt. The decision marks a reversal of the council's earlier action and follows judicial intervention from the Lahore High Court.
Court Hearing Precedes Restoration
The PBC's move came just one day after Justice Malik Awais Khalid of the Lahore High Court (LHC) conducted a hearing on a petition filed by Ashfaq. The advocate had challenged the suspension of his licence, prompting the judge to seek the complete record of the case from the bar council for review.
In a written order issued on Tuesday, PBC Vice Chairman Muhammad Ashfaq Kahooti stated that the council decided to restore the licence after considering the facts and circumstances. The order explicitly noted that the original suspension violated Article 10-A of the Constitution of Pakistan, which guarantees the fundamental right to a fair trial and due process. The order simply declared, "The licence of Ali Ashfaq to practice law is hereby restored."
Background of the Suspension
Ashfaq's licence was initially suspended on December 31. This action was taken based on a complaint lodged by the president and general secretary of the Karachi Bar Association (KBA). A key point of contention was that the PBC had suspended the licence without providing Ashfaq an opportunity to present his defence or be heard, a point he successfully argued violated natural justice.
In his petition to the LHC, Ashfaq contended that the suspension order was illegal as it was issued in his absence and without allowing him to respond to the allegations. He firmly denied any professional misconduct and characterized the KBA's complaint as biased, mala fide, and driven by certain members of its cabinet.
Council's Authority Upheld
While restoring the licence, the PBC order also addressed Ashfaq's challenge to its authority. It clarified that his contention regarding the alleged lack of power of the PBC's executive committee was "misconceived." The order emphasized that under Section 41(1) and (2) of the relevant Legal Practitioners and Bar Councils Act, the council is fully empowered to reprimand, suspend, or penalize advocates found guilty of professional misconduct.
This case highlights the delicate balance between a bar council's disciplinary powers and the constitutional rights of legal practitioners. The swift restoration following the High Court's involvement underscores the judiciary's role in ensuring due process is followed, even within professional regulatory bodies.
