Legal advisers: SHC seeks report from finance secretary

Court orders report on criminal cases lodged against countries that failed to adhere to law of hiring legal advisers.

KARACHI: The court ordered finance secretary to file a report by February 3 on criminal cases lodged against companies that failed to adhere to the law of hiring legal advisers.

The petition was filed in 1993 by Muhammad Amin Lakhani, the then president of Karachi Bar Association (KBA) against the Ministry of Finance and Securities and Exchange Commission of Pakistan (SECP).

The petition came for hearing before a division bench, headed by Chief Justice Sarmad Jalal Osmany, Muhammad Amin Lakhani and Javed Haleem counsel for KBA. They stated that the law ‘The Companies (Appointment of Legal Advisers) Act 1974’ was being violated with impunity by the SECP and its listed companies. This is sheer contempt of the court and also invokes criminal proceedings against defaulting companies,” the counsel stated.

The bench gave a last chance to the Ministry of Finance and SECP, and directed finance secretary to get the criminal cases registered and file a report before the bench.

The said act also makes it binding upon a lawyer from becoming a legal adviser for more than three enlisted companies. It also empowers the SECP to cancel the licence of a company violating this law.

Published in The Express Tribune, January 15^th, 2011.