Legal Practitioners and Bar Councils Act, 1973 — section 41

41. Punishment of advocates for misconduct..—[(1) An advocate may, in the manner hereinafter provided, be reprimanded, suspended, removed from practice or be made to pay such amount of compensation, fine or penalty as may be ordered, if he is found guilty of professional or other misconduct.]

(2)A complaint that an advocate has been guilty of misconduct may be made by any Court or person.

(a)in the case of an advocate of the Supreme Court to the Pakistan Bar Council; and

(b)in any other case, to the Provincial Bar Council [and Islamabad Bar Council as the case may be].

(3)Every complaint against an advocate made under sub-section (2), except where the complaint has been made by a Court, shall be accompanied by [such fee as may be prescribed by the Pakistan Bar Council from time to time.]

(4)Upon receipt of a complaint under sub-section (2) against any advocate, the disciplinary Committee of the Bar Council may, unless it summarily rejects the complaint, after making such enquiry and giving the parties such opportunity of being heard as it may consider necessary either reject the complaint or refer the same to a Tribunal for decision: Provided that the disciplinary Committee shall not summarily reject a complaint made by the Supreme Court or a High Court; [Provided further that if the Disciplinary Committee while referring the matter to the Tribunal is of the opinion that the Respondent Advocate has committed an act of grave indiscipline or grave professional misconduct and his immediate suspension from practice is expedient or necessary in the interest of administration of justice, it may suspend him for the maximum period of three months and in such a case the Tribunal shall decide the complaint within a period of three months after receipt of reference from the Disciplinary Committee.] [(4A) If a Bar Council has reasons to believe that an advocate has been guilty of professional or other misconduct, it may of its own motion refer the case to its disciplinary Committee.]

(5)Any person whose complaint is rejected by the disciplinary Committee under sub-section (4) may within thirty days of the day on which the order of the Committee is communicated to him, prefer an appeal to the tribunal, whose decision in such appeal shall be final.