Summary Federal Constitutional Court ruled lawyers’ strike calls illegal, saying they violate citizens’ right to justice, delay cases, and burden courts; lawyer’s license restoration upheld
ISLAMABAD (Dunya News) – The Federal Constitutional Court has ruled that strike calls issued by bar associations and bar councils are unlawful, stating that such actions violate citizens’ constitutional right to access justice.
Justice Aamer Farooq issued a detailed judgment explaining that strikes by lawyers obstructed the justice system and deprived litigants of legal representation.
The court noted that when strike calls are issued, lawyers are effectively prevented from appearing in courts, leading to routine adjournments without progress in cases.
The judgment highlighted that Pakistan’s judicial system is already under significant pressure, with a large backlog of cases. It observed that litigants often wait for years for the resolution of their disputes, and such strikes further delay proceedings.
The court further stated that even if the purpose behind a strike is considered legitimate, it cannot justify depriving citizens of their constitutional right to access justice in any form.
Referring to related proceedings, the court noted that the Khyber Pakhtunkhwa Bar Council had previously barred lawyers from representing a police station house officer accused in a murder case. In response, a lawyer’s license was suspended for providing legal representation to the accused.
The affected lawyer challenged the suspension before the Peshawar High Court, which restored the license. The Federal Constitutional Court upheld that decision, maintaining the reinstatement of the lawyer’s license.
