January 2, 2025
By Aitzaz ibrahim
LAHORE
Advocate Mian Ali Ashfaq on Thursday challenged the suspension of his practising licence by the Punjab Bar Council (PbBC) before the Lahore High Court, arguing that the disciplinary action taken against him was unlawful. The petition was heard by Justice Malik Muhammad Awais Khalid, who adjourned further proceedings until January 5.
During the hearing, Advocate Ashfaq requested time to implead the Karachi Bar Association as a party to the case. The court accepted the request and deferred further hearing to allow the petitioner to complete procedural requirements.
The suspension was ordered earlier this week by the Punjab Bar Council’s Executive Committee, which barred Advocate Ashfaq from practising law with immediate effect over allegations of professional misconduct linked to his appearance before a Karachi court during a lawyers’ strike.
According to the Punjab Bar Council, the action was taken following a formal complaint submitted by the president and general secretary of the Karachi Bar Association. The complaint referred to an incident in which Advocate Ashfaq appeared before the Karachi City Courts to represent YouTuber and TikToker Rajab Butt despite an ongoing strike announced by Karachi Bar Association.
The strike had been called to protest the alleged victimisation of Naseer Muhammad Kalhoro, the former librarian of the Karachi Bar Association. During the strike, judicial proceedings were prohibited within the city courts’ premises, and lawyers were expected to observe the boycott in line with bar directives.
An order issued by Punjab Bar Council Executive Committee Chairman Zabiullah Nagra stated that a video circulating on social media showed Advocate Ashfaq appearing in court during the strike. The order further claimed that the advocate entered the court premises allegedly accompanied by private guards or individuals, which was described as a violation of strike restrictions and professional norms.
The order also alleged that during court proceedings, Advocate Ashfaq made remarks against the legal fraternity. The Punjab Bar Council described these remarks as serious professional impropriety, stating that they contributed to confrontation and discord among lawyers.
According to the council, Advocate Ashfaq’s conduct created an atmosphere of dispute and disharmony that gravely damaged the reputation, unity, and collective integrity of the legal community. The executive committee noted that maintaining discipline and professional standards among lawyers was essential for the functioning of the justice system.
The order outlined Advocate Ashfaq’s professional background, stating that he was enrolled as an advocate with the Punjab Bar Council in 2010 and was admitted to practise before the high court in 2012. It added that as a practising lawyer, he was duty-bound to uphold the dignity and high standing of the legal profession at all times.
Following deliberations, the Punjab Bar Council’s executive committee unanimously decided to suspend Advocate Ashfaq’s licence to practise law with immediate effect. The committee also referred the matter to the council’s disciplinary committee for further proceedings regarding the possible permanent cancellation of his licence in accordance with the law.
Speaking to media, PbBC Chairman Zabiullah Nagra said the council, as a statutory regulatory body, was not required to issue a prior notice before suspending a lawyer’s licence in cases involving professional misconduct. He said that every enrolled advocate was presumed to have full knowledge of the code of conduct prescribed under the Bar Council rules and was obligated to comply with it.
The controversy emerged amid tense scenes at the Karachi courts earlier this week. On Monday, YouTuber Rajab Butt was physically assaulted at a sessions court in Karachi during the hearing of a case registered against him for allegedly hurting religious sentiments. The hearing, in which Advocate Ashfaq was representing Butt, was disrupted by violence and chaos.
Advocate Ashfaq has also appeared as counsel for former spymaster Faiz Hameed in proceedings before a military court, where the trial against him has since concluded.