LEGAL PRACTICE (DISQUALIFICATIONS) ORDINANCE, 1964
ORDINANCE NO. II OF 1964
30TH JANUARY, 1964
An Ordinance to provide for disqualifications for legal practice in certain cases.
Whereas it is expedient to provide for disqualifications for legal practice in certain cases ;
and whereas the national interest of Pakistan in relation to the achievement of uniformity within the meaning of clause (2) of Article 131 of the Constitution requires Central legislation in the matter ;
and whereas the National Assembly is not in session and the President is satisfied that circumstances exist which render immediate legislation necessary ;
Now, therefore, in exercise of the powers conferred by clause (1) of Article 29 of the Constitution, and of all other powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :—
1. Short title and commencement. — (1) This Ordinance may be called the Legal Practice (Disqualifications) Ordinance, 1964.
(2) It shall come into force at once,
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,—
(a) “ Judge of a High Court “ includes any person who has, at any time after the fourteenth day of August, 1947, held office in Pakistan as the Chief Justice or the Chief Judge, or as a Judge of any High Court or Chief Court in Pakistan, or as a Judicial Commissioner or as a Member of a Judicial Commissioners Court in Pakistan, but does not include a temporary, acting or additional Judge of High Court or Chief Court ; and
(b) “ Judge of the Supreme Court “ includes any person who has, at any time after the fourteenth day of August, 1947, held office in Pakistan as the Chief Justice or as a Judge of the Federal Court of Pakistan or the Supreme Court of Pakistan, but does not include a temporary, acting, additional or ad hoc Judge.
3. Disqualification for legal practice in certain cases. Notwithstanding anything contained in any other law for the time being in force, a person shall be disqualified, and, if he had been carrying on legal practice, or had been enrolled as an advocate or pleader, before commencement of this Ordinance, shall, upon such commencement, stand disqualified, from pleading or acting,—
(a) if such person has held office as a Judge of the Supreme Court, in or before any Court, authority or tribunal in Pakistan ; and
(b) if such person has held office as a Judge of a High Court, in or before any Court, authority or tribunal in Pakistan except— (f) the Supreme Court, and
(ii) the High Court the territorial limits of whose jurisdiction do not extend to any area which was within the territorial jurisdiction of the Court in which he last held office as such judge.
4. Repeal. The Retired judges (Legal Practice Order, 1962, is hereby repealed