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P L D 1998 LAHORE 249

DR. MUHAMMAD USMAN AWAN
V/S
SABAH MOHY-UD-DIN DISTRICT AND SESSIONS JUDGE, ISLAMABAD

Per Raja Muhamamd Khurshid, J.Constitution of Pakistan (1973) Arts. 8,9,14,15,26 & 199–

I have considered the foregoing submission which involved some factual matters about which inquiry cannot be made in this writ petition vis-a-vis banning of entry of the petitioner in the office of Mr. Sabzwari, Advocate or his rustication as a student from Islamic University, Islamabad as it would be out of the scope of this petition. It is enough to say that the petitioner is a young man, who according to his own showing is a student of law and has a burning desire to become a lawyer for which he has been allegedly visiting the Courts to learn the professional working. Needless to say that the petitioner has not yet taken the degree in law nor he has a licence issued under the Bar Councils Act to appear in any Court. IN such an event, it is obvious that he cannot attend any Court nor represent any party as a lawyer nor he can appear on behalf of any lawyer as he has done once or twice as reported by the learned District and Sessions Judge, Islamabad. Had the learned Sessions Judge taken cognizance of this issue, it would have been actually a serious matter calling for some cognizable action against the petitioner. However, the learned District and Sessions Judge, Islamabad was liberal enough not to take cognizance of such appearance by petitioner on behalf of another lawyer while he was not competent to appear in the Court to pursue a case. However, the learned District and Sessions Judge has submitted further that the petitioner may enter or sit in his Court-room provided he has any matter to pursue in his personal capacity as his Court is open to every one.

In view of the foregoing facts, I am of the view that there is no violation of any fundamental right of the petitioner as alleged in this petition, which is totally misconceived. It is accordingly dismissed. [p. 251 & 252]A

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