ISLAMABAD: The Federal Constitutional Court has declared strike calls issued by bar associations and bar councils as illegal, saying they violate citizens’ constitutional right to access justice.
In a detailed judgment authored by Justice Aamer Farooq, the court said strikes that paralyze the judicial system not only harm litigants but also place additional pressure on an already burdened judiciary.
The court observed that when lawyers’ bodies announce strikes, advocates are prevented from appearing in courts. As a result, hearings are repeatedly adjourned without progress, causing severe hardship to litigants. It noted that Pakistan’s legal system is already burdened with a large backlog of cases and long delays, forcing citizens to wait years for decisions.
The judgment further stated that no matter how noble the intent behind a lawyers’ strike may be, obstructing access to justice cannot be justified under any circumstance. It said such actions amount to a violation of constitutional principles.
The court also referred to a separate case involving a lawyer’s licence. It noted that the Khyber Pakhtunkhwa Bar Council had barred a lawyer from practice for representing a police station house officer (SHO) nominated in a murder case, resulting in the suspension of his licence.
The affected lawyer challenged the decision before the Peshawar High Court, which ruled in his favour and restored his licence.
Upholding the High Court’s verdict, the Federal Constitutional Court said restricting a lawyer’s right to legal representation goes against constitutional principles. It added that the restoration of the licence strengthens the rule of law and the fundamental right of access to justice.
