Law: Constitution of Pakistan, 1973

Section: PartII,Chap.I,Arts,4,8,9,10,11,12,13,14, 15,16,17,18,19,20,21,22,23,23,24,25,26,2 7,28

(a) Review (Criminal)--- ----Criminal Procedure Code, 1898 does not contain any provision for reviewing the ---Once the is signed and announced, it cannot be reviewed. Rehmat Ali v. State 1971 SCMR 513; Muhammad Khan v. Muhammad Aslam 1971 SCMR 789; Gulzar Hassan Shah v. Ghulam Murtaza PLD 1970 SC 335; Juan Sullivan. v. State 1971 SCMR 618 and Muhammad Ismail v.. Hidayatullah 1981 SCMR 35 ref. Mst. Mumtaz Begum v. Shakil Hyder 1997 PCr.LJ Kar. 776 distinguished (b) Constitution of Pakistan (1973)--- ----Arts., 9 & 4---Access to justice---Accused .person involved in an offence carrying imprisonment of any description and unable to engage an advocate, is entitled to be represented by an advocate, and such right of the accused is his Fundamental Right as enshrined in Art.9 of the Constitution---Representation by a counsel and assistance by a person learned in law is a sine qua non for enjoying protection of Arts. 9 & 4 of the Constitution and a fair trial cannot be visualized without such an accused being represented by a counsel of his choice or by a counsel on State expense---Trial and proceedings without a counsel, in case of such an accused would be violative of Art.9 of the Constitution---Accused from the very stage of his arrest till final disposal of the case is required to be defended or represented by a legal expert viz. advocate, if he is poor, indigent or pauper the State is responsible to provide such assistance to him on State expense---Principles---No scheme to deal with such matter being under consideration with the Government nor any adequate arrangements being made available to them to cater with the requirements of such poor accused persons, High Court observed that it was expected that Government would give very serious consideration to prepare and implement, on urgent basis, a scheme in respect of providing free legal assistance to poor, indigent or incommunicado accused persons and provide guidelines in that respect---High Court also clarified that present order Had no retrospective effect and shall not affect cases past and closed nor would invalidate the s, orders or sentences passed nor the proceedings which may have become final,…

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