ISLAMABAD: The government on Friday moved an application before the Pakistan Bar Council (PBC)’s disciplinary committee requesting to initiate proceedings against senior advocate Kamal Azfar for professional misconduct, as he appeared before the Supreme Court on behalf of the federation in a review petition against the National Reconciliation Ordinance (NRO) verdict.
The application was filed by a solicitor of Law and Justice Ministry before the Disciplinary Committee of PBC, stating that Latif Khosa had replaced Kamal Azfar in the NRO review petition on October 6 and the court had also allowed Khosa to argue the case on October 13.
It was contended in the application that after October 13, 2010, there was no relationship as client and counsel between the federation and Barrister Kamal Azfar.
He was in no way justified legally, morally or professionally to give statements, which embarrassed the position of the federation before the Supreme Court, the application stated.
The federation said Kamal Azfar wrote an unauthorised letter to the Supreme Court registrar on October 30, 2010, stating that he was available to argue the National Reconciliation Ordinance review plea after tendering resignation as adviser to the prime minister.
In this way, Kamal Azfar committed gross misconduct by shaking the confidence of his client (federation)
and has rendered himself liable to disciplinary proceedings by the Pakistan Bar Council, the application stated.
The federation requested the Disciplinary Committee of Pakistan Bar Council that by misrepresentation before the apex court, Kamal Azfar was liable to face disciplinary proceedings in accordance with law.
It is pertinent to mention here that Kamal Azfar had requested the apex court the other day to relieve him from arguing the case in the review petition filed by the federation after receiving threats from one Abu Bakar Zardari, a lawyer.
The said lawyer, however, denied the allegations and said he had great respect for Kamal Azfar.
The court, however, had directed the IGP Islamabad to conduct an inquiry into the incident and submit report within three days with the registrar of the Supreme Court.
Meanwhile, senior advocate Supreme Court Hashmat Habib has said that the application filed by the federation does not come under the jurisdiction of Pakistan Bar Council
as the matter is pending before the court.
He said by filing such an application the government aimed to balance the situation as Kamal Azfar the other day had disclosed the intensions of the government to the Supreme Court that the government was not interested in pursuing the National Reconciliation Ordinance case and had made him adviser to PM.
He said Kamal Azfar could sue the federation as the matter is pending before the court while the apex court had allowed him to argue the case in accordance with Rule 26 of the Rules of the Supreme Court.
Hashmat Habib said the federation could face contempt of court under Article 204 read with Contempt of Court Act 1976.
