Afreen Khan Vs Faramoz Khan

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IUDGMENT SHEET

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THE KHYBER PAKHTUNKHWA BAR

COUNCIL TRIBUNAT PESHAWAR

(ludicial Department) Tl8l20t4

JUDGMENT

Date of hearins:- 17.03.2018

Complainant-Applicant:- (Afreen Khanl bv Mr. Iqbal Akhtar. Advocate alonswith attornev of the comolainant. in oerson.

Resoondent:- (Faramoz Khant bv Oazi Zaki-ud-Din, Advocate alons with Respondent/Advocate, in oerson.

MOHAMMAD IBRAH|M KHAN. t.- The

proceedings calling for cancellation of license of Faramoz Khan Advocate having undergone initiation with an application is addressed to Secretary Khyber Pakhtunkhwa Bar Council Peshawar proffered by Afreen Khan a resident of Banr Mingora Swat. It recurs to the educational qualification of Faramoz Khan Advocate from passing of S.S.C exam under Roll No. I 1540 December 1967 , Bachelor of Arts (Graduation) under Roll No. 556 in February 1976. Provisional certificate under Roll No. 233 in the year 1976178 and Bachelor (Nrvrb) Eotr'bh Ctrimrtr ahc Khybcr Prkhautrkhf,r Brr Coutrcil Tdburl Pabrwrr

of Laws in November 1982 (Sessions 1976178).

The Advocate-Respondent however remained successful in obtaining license to practice law in subordinate Courts enrolled on 04.12.1980 for the year 1981. In addition during continuance of license he engaged m servlce m Family Planning Department. This act of the Respondent/advocate to have firmly obtained the license before he passed his L.L.B exam amounts to his conduct coming under the definition of the commission of cheating and fraud, thereby the license to practice in lower Courts and the Hon'ble Peshawar High Court require cancellation.

2.The Worthy members of learned

Disciplinary Committee put the

RespondenVadvocate on pre-admission notice for 24.7.2010 and was directed to submit written reply. It was submitted on 08.01.2011 wherein various legal and factual objections were raised. These facts were however in casuistical manner repelled, the license being obtained on the basis of provisional certificate.

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3.Thereafter, the learned Disciplinary Committee examined the rivals by each statement PW-l Afreen Khan and RW-l Faramoz Khan Advocate/Respondent.

4.It is through an order dated 28.6.2014 for all the detailed findings highlighting the facts as contained in, the Worthy members were unanimous with the recommendation that the Respondent/advocate has commiued cheating and fraud by obtaining license of the subordinate Courts and the Hon'ble High Court calling for cancellation.

However by the impugned order license of both the subordinate Courts and Hon'ble High Court remained under suspension.

5.Before the Tribunal, the parties appeared on 15.4.2017 and on this day a detailed order was passed wherein all facts under narration have been mentioned. This order sheet serves the purpose of show-cause notice as to why not extreme measures be taken for a definite penalty of misconduct under (Nrvrb) Eor'blc Chrlmro thc Khybc Prkhtutrkbrr Brr Couocll Tribuorl Pcrbrwrr

Section 41of the Legal Practitioners and Bar Council Act, 1973, which provides punishment for Advocates for misconduct, removal from practice and imposition of fine may be ordered if the show-cause notice is not properly explained.

6.Upon request on 20.5.2017 the Respondent/advocate submitted reply to the show-cause notice which is self-explanatory.

7.We have afforded a fair opportunity to the Respondent/Advocate, not only heard in person, rather his learned counsel namely Qazi Zaki-ud-Din Advocate was also heard with vehemence

8.There can be said without embellishment that RespondenUadvocate Faramoz Khan on the face of record regarding obtaining his license of subordinate Courts on 04.12.1980 is much earlier anticipated than qualiffing his LL.B exam in November 1982.

This fact is truly admifted by the Respondent/advocate in his cross-examination, (Nrvrb) Eo!'blc Cbrimrn thc Khybar PrLhturkhrr Brr Couocil Tribunrl Pcrherrr

examined as RW-l. The relevant cross- examination pertaining to his admission is reproduced as under:-

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,)v 6.fi 0.,)t,Jt 4 J * s)', -V { rtlrJl-rltr 7} "-A! Lfqso,)v,./ t)Lvtnt tl 6t G;rlez In the wake of provisional certificate found bogus which is Dera Ismail Khan dated 2l .5.1980 when the Respondent/Advocate has successfully obtained his LL.B degree in November 1982. When absolutely the degree of LL.B was not in existence, suffice it to s&y, this complaint is coming true. We are conciliatory with a solid opinion for implementing our order holding the Respondent/Advocate Faramoz Khan to have squarely been found cheating and commiuing fraud with the Khyber Pakhtunkhwa Bar Council at the time of forwarding of his application for obtaining the license of the subordinate Courts and even of the Hon'ble (Ntx.b) Eo!'blc Chimrtr ahc Xhybcr Prkhturkhwr Brr CouDcil Tribuld Pohrxrr

High Court. The conduct of the Advocate/Respondent in suppressing such material facts from Enrolment Committee is highly deplorable and unbecoming of the legal fraternity who enjoys very high and esteemed position in society. In this regard reliance is placed on 1996 MLD 513 (Bar Council Tribunal NWFPT " Oamar Zaman Shinwari V/S S. Nadir Shah Gillani Advocate." . His licenses to practice law, dated 04.12.1980 of the subordinate Courts as well as before the Hon'ble Peshawar High Court dated 22.01.2011 stand cancelled. Due to his financial prevailing status fine is not imposed upon the Respondent/Advocate as he is complaining about scarcity of the resources on account of his poor practice being lawyer, but even then his cancellation of license of the subordinate Courts and the Hon'ble High Court will serve the purpose as response to his misconduct for committing cheating and fraud with the Khyber (Nrvrb) Eoo'blc Chrirmu thc Khyb.r Prkhtunkhu Bu Coutrcil Trlbuml Pclhrwrr

Pakhtunkhwa Bar Council. The offrce of the Khyber Pakhtunkhwa Bar Council shall forthwith issue a Notification to the extent of cancellation of licenses of the

Respondent/advocate of both the subordinate Courts and of Hon'ble Peshawar High Court and be duly communicated to all concerned.

Announced Dt. 17.03.2018 CHAIRMAN

MEMBER

MEMBER

(Nrreb) Eor'blc Cbrimro thc Khyb.r Ptlbtuokhwr Brr Council Tribund Pcrhrwrr