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Criminal Reference No. 2 of 1987, decided on 18th January, 1987.
‑‑‑O.IV, R.13‑‑Advocate reported to have appeared before Supreme Court when his name was not enrolled as an Advocate of that Court‑ Disciplinary Committee recommending his case for acceptance of his unconditional apology and consequent dropping of complaint against him‑ ‑Respondent, an Assistant Advocate‑General not appearing in his private capacity but on behalf of State, notice discharged and proceedings dropped in view of unqualified apology.
Imam Ali G. Kazi for the Attorney‑General.
A.A. Muhammadally, A.A.‑ G. for Respondent.
Hassan Akbar for the State.
The Registrar, Supreme Court of Pakistan had made a complaint against Mr. Hassan Akbar that he had appeared before the Supreme Court when he was not enrolled as an Advocate of that Court. The Disciplinary Committee had recommended the case for acceptance of his unconditional apology and consequent dropping of the complaint against him.
I have heard Mr. Imam Ali G. Kazi appearing on behalf of Attorney‑General and Mr. A.A. Muhammadally, A.A.‑G. for the State.
Mr. Imam Ali G. Kazi has referred to Rule 13 (Order IV) of the Supreme Court Rules, 1980 which provides that the Attorney‑General, a Deputy Attorney‑General, an Advocate‑General and an Additional Advocate‑General shall, by virtue of their offices, have the status of a senior Advocate in the Supreme Court, notwithstanding that their names are not borne on the Roll of Senior Advocates. Though the Assistant Advocate‑General has not been mentioned. But according to Mr. Imam Ali G. Kazi and supported by the learned A.A.‑G. by virtue of the provision of General Clauses Act the Assistant Advocate‑General also is included in the list, Mr. Hassan Akbar had appeared on behalf of the State and he had not appeared in his private capacity. He had tendered unqualified apology. In view of such matter the notice is discharged and proceedings dropped.
M.Y.H./R‑3/K Proceedings dropped.
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