Strike by Lawyers

               

 

                   2023 SCMR 421

 Strikes by lawyers causing delay in of trial Breach of Fundamental rights of accused --- Accused person like any other has the inalienable right to enjoy the protection of law and to be treated in accordance with law ' but if advocates strike and trials are postponed this constitutional right of the accused is negated. 
If the trial of a detained accused is delayed on account of strike (s), and subsequently , the accused is acquitted then the additional incarceration suffered by the accused would have been detrimental to his liberty. 
•••√Prestige of the legal profession should not be undermined by advocates who strike for a lesser cause than to protect and defend the Constitution in the public interest.
  •Courts are the only place where it is believed that justice is administered, and that is why people approach them to get justice and their rights. But, regrettably in Pakistan, the situation is contrary to it, for there is neither the rule of law nor is quick justice provided to the common man.
•Unfortunately, despite the backlog of millions of cases and the judiciary’s ranking at 130 out of 139 in the World Justice Project Ranking, the clashes between judges and the bar members have not reduced.
•The courts in Malir are a case in point, where the strike by bar against the conduct and administration of a district judge recently led to a halt in proceedings in all cases. Such a rift between the bench and the bar affects only the people who, despite their harsh economic conditions, take time out and wait outside the courts from 8am, hoping that it would be the day when they would get at least an inch closer to getting justice. But that does not happen often.
• 2023 SCMR 421, held that the strikes by “lawyers for their personal means consequently injures the fundamental rights i.e. right of due process of law, fair trial, liberty, right of equal protection of law guaranteed by the Constitution, of an accused, who is behind the bar, are violated”.
•Besides, it also held that the “prestige of the legal profession should not be undermined by the advocates who strike for a lesser cause than to protect and defend the Constitution in the public interest”.
•The lawyers should refrain from holding strikes, and, if they do, the authorities should take necessary steps to overcome this issue in the larger public interest.