Bahrain: Court Upholds Engineer’s Right To Open Own Firm
The Court of Cassation has granted a Bahraini engineer the right to open his own engineering firm, reversing a previous decision that prohibited him from doing so.
The engineer had previously faced charges for practising his profession after the license of the firm he worked for had expired.
However, the Court of Cassation ruled that this offence did not constitute a crime of moral turpitude, which would have disqualified him from obtaining a license to practice independently.
The case began when the engineer’s application to open his own firm was rejected by the relevant administrative authority. The authority cited his prior conviction for practising engineering without a valid license, which they considered a crime of moral turpitude. The engineer challenged this decision, but both the administrative court and the High Court of Appeals upheld the authority’s decision.
Moral turpitude
In return, the engineer appealed to the Court of Cassation, arguing that his offence did not constitute a crime of moral turpitude. The Court of Cassation agreed, finding that the engineer’s actions did not reflect a lack of character or dishonesty. The court noted that the circumstances surrounding the offence did not indicate a deliberate disregard for ethical principles.
Consequently, the Court of Cassation overturned the previous rulings and ordered the issuance of a license to the engineer, allowing him to practice his profession independently. This decision sets a precedent for future cases and clarifies that minor technical offences should not automatically disqualify individuals from pursuing their chosen careers.
