FCC Rules Lawyers Cannot Be Suspended for Representing Clients During Strikes]

In a landmark ruling, the Federal Constitutional Court (FCC) has affirmed that bar associations and bar councils cannot suspend a lawyer’s license solely for representing a client or appearing in court during a strike.

The judgment, authored by Justice Aamer Farooq, condemns the frequent strike calls made by legal bodies, deeming them unlawful and contrary to the constitutional right of access to justice for litigants.

“When strike calls are enforced, lawyers are prevented from appearing before courts, thereby depriving litigants of legal representation and causing case postponements without progress,” the court observed, describing such actions as a denial of access to justice.

The two-member FCC bench, also comprising Justice Rozi Khan Barrech, addressed two key issues: whether high courts have jurisdiction under Article 199(1)(c) to issue writs against regulatory bodies like bar councils, and whether suspending lawyers’ licenses for strike participation violated their fundamental right to practice under Article 18.

The court answered both questions affirmatively, emphasizing that preventing lawyers from approaching courts strikes at the heart of economic freedom guaranteed under Article 18, which protects the right to pursue a lawful profession.

The case emerged after the murder of a young lawyer, leading to protests demanding prosecution of the implicated station house officer (SHO). When the SHO surrendered and retained Advocate Shabbir Hussain Gigyani, the Khyber Pakhtunkhwa Bar Council banned advocates from representing him. Advocate Azim Afridi was subsequently suspended by the KP Bar Council for appearing in court during a strike, a decision upheld by the Peshawar High Court.

The FCC ruled that while provincial bar councils may suspend licenses for professional misconduct, no justification existed for preventing lawyers from representing an accused murderer. The judgment highlighted that Pakistan’s overloaded courts, burdened with lengthy cause lists and prolonged case delays, cannot afford additional disruptions caused by strike calls that further hamper litigants seeking justice.

Source link