ISLAMABAD- The Islamabad High Court (IHC) Tuesday suspended the licenses of two lawyers including the former president of district bar association for their alleged role in storming of the judicial compound on February 8 and intimidating and threatening public functionaries and using inappropriate language on January 16.
A three-member larger bench of the IHC comprising Chief Justice of IHC Justice Athar Minallah, Justice Miangul Hassan Aurangzeb and Justice Ms. Lubna Saleem Pervez conducted hearing of the complaint filed by the IHC Registrar.
During the hearing, Zafar Khokhar former President of District Bar Association Islamabad along with his counsel appeared before the bench and filed an affidavit wherein he admitted the incident that had taken place on January 16, 2021 at the police station. The video footage of the incident had gone viral showing respondent Zafar Khokhar using inappropriate language while the other respondent namely Hafiz Liaqat Manzoor Kamboh had threatened to burn down the police station.
In his affidavit, the respondent Zafar Khokhar took the plea that he was not in uniform and that the video footage may have been edited.
The IHC bench noted in its verdict that submitting a false affidavit could have serious consequences and an act of grave misconduct on part of an enrolled Advocate. “The onus is obviously on the respondent namely Zafar Khokhar to satisfy this Court that the video footage which had gone viral had been edited or was not genuine. The other respondent namely, Hafiz Liaqat Manzoor Kamboh has preferred not to submit his affidavit,” maintained the court.
It added, “Both the respondents were arrested in the criminal case registered in relation to the storming of Islamabad High Court and rendering it dysfunctional on the 8th of February, 2021.”
Respondent Zafar Khokhar was released on bail while the other respondent, Hafiz Liaqat Manzoor Kamboh is incarcerated at the Central Prison, Rawalpindi.
The IHC bench also noted in the order, “The reply of Zafar Khokhar regarding his role and involvement in the incident of storming of the High Court on 8th of February, 2021 has also not been found to be satisfactory.” It said that as President of the District Bar Association, he is alleged to have been involved in illegal allotment of spaces for construction of purported chambers on public streets, pathways and car parks.
“Prime-facie, case for sending reference/complaint for further disciplinary proceedings to the concerned regulatory authority is made out unless the respondents are able to satisfy us otherwise,” added the court.
It also noted that besides the alleged involvement of the respondents in the incident of storming High Court on 8th of February, 2021, intimidating and threatening public functionaries and using inappropriate language amount to acts of grave misconduct on part of enrolled Advocates because it undermines rule of law and erodes the confidence of the people in the State.
Justice Athar stated that such conduct tarnishes the image of the entire legal fraternity, which has always stood firm for upholding rule of law and the Constitution. “The above described acts, prima-facie, appear to fall within the definition of misconduct as provided under the Legal Practitioners and Bar Councils Act 1973, read with the rules made thereunder. In order to meet the ends of justice, we are affording the respondents another opportunity to satisfy this Court why their cases should not be sent to the respective regulatory bodies for further disciplinary proceedings and cancellation of their licenses,” maintained the IHC Chief Justice.
The court also gave an opportunity to Zafar Khokhar to satisfy the court regarding his plea that the video footage relating to the incident of 16th of January, 2021 was edited to his disadvantage. The bench further said that he is also expected to satisfy the court that the affidavit submitted by him does not contain any false statement failing which the consequences would ensue.
The court directed the IHC Registrar to obtain a report from the Inspector General of Police, Islamabad Capital Territory regarding the incident that had taken place in the police station Margalla on 16th of January, 2021.
Justice Athar said, “In exercise of powers conferred under section 54(i) of the Act of 1973, pending further proceedings, we hereby order suspension of the licenses of the respondents namely Zafar Khokhar and Hafiz Liaqat Manzoor Kamboh. Later, the court deferred the hearing till April 8 for further proceedings.