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The government on Friday approached the Pakistan Bar Council (PBC), seeking disciplinary action against Barrister Kamal Azfar for what it called a 'professional misconduct' by him during the hearing of annulled NRO review case in Supreme Court.
The application was moved by law ministry which stated that after October 13, 2010 Kamal Azfar was no more a lawyer of the government in the case as he had been withdrawn from the case. When NRO review case was being heard by the apex court, Azfar levelled false and malicious allegations against the government which were reported in an Urdu daily on April 13.
The application said that he (Azfar) was in no way justified - legally, morally or professionally - to give such a statement which embarrassed the government before the Supreme Court. Afzar had committed a gross misconduct, shaking the confidence of his client (federation) and has rendered himself to disciplinary proceeding by PBC, said the application. "By misrepresenting before Supreme Court, he has committed gross professional misconduct which warrants initiations of disciplinary proceedings against him," it added.
Kamal Azfar was appointed to represent the government in the Civil Review Petition No 129 of 2010 by law ministry. He remained counsel till June 6, 2010 and afterwards appointed as advisor to prime minister. He was relieved of his assignment as his services were no more required by the government, the application added.
The Supreme Court allowed Latif Khosa (advocate) to represent the government in the said case on June 13, 2010. Azfar on October 30, 2010 wrote an unauthorised letter to registrar Supreme Court. Similarly, a letter dated March 01, 2011 was addressed to registrar Supreme Court in which he posed himself as counsel for the federation.
Extracts from the letter written by Kamal Azfar were reproduced in the application by the ministry, which said: "The above mentioned civil petition was fixed for hearing on October 13, 2010. I had submitted my resignation as adviser to prime minister and reached Islamabad on October 12 to be present in the court. Since Latif Khosa was appointed to represent the federation on the evening of hearing and it would have been improper for two counsels to represent the same party, I returned to Karachi on October 13, 2010."
The full court was pleased, by its order dated October 13, 2010, to allow the substitution permitting Latif Khosa to argue on behalf of the federation. Khosa sought time which was granted by the apex court. The petition was fixed on October 13, 2010 and had stated that he was available to argue the case.
The application said that his (Azfar) authority to represent the federation had already been withdrawn. He appeared on April 11 and stated before the apex court that though it was always a privilege to appear and assist the apex court, yet in the instant case, the government had taken away brief from him and instructed Dr Khalid Ranjha to appear and argue the case.

Copyright Business Recorder, 2011

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