| Citation(s) |
|---|
| 2023 SLG 551 2023 SLD 551 2023 CLD 421 |
Supreme Court of Pakistan
Criminal Petition No. 1496 of 2022, decided on 9th January, 2023. (Against the order Dated 24.10.2022 passed by Lahore High Court, Multan Bench, Multan in Crl. Misc. No. 2448-B/2022). Date of hearing: 5th January, 2023.
QAZI FAEZ ISA AND MUHAMMAD ALI MAZHAR, JJ
Shakir Ali, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Ch. M. Sarwar Sidhu, Additional P.G. Punjab for the State. Usman Sharif Khosa, Advocate Supreme Court for
Respondent No.2.
Criminal Petition No. 1496 of 2022, decided on 9th January, 2023. (Against the order Dated 24.10.2022 passed by Lahore High Court, Multan Bench, Multan in Crl. Misc. No. 2448-B/2022). Date of hearing: 5th January, 2023.
QAZI FAEZ ISA AND MUHAMMAD ALI MAZHAR, JJ
Shakir Ali, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Ch. M. Sarwar Sidhu, Additional P.G. Punjab for the State. Usman Sharif Khosa, Advocate Supreme Court for
Respondent No.2.
SHAHBAZ AKMAL---Petitioner
VERSUS
The STATE through Prosecutor General Punjab, Lahore and another-----Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Constitution of Pakistan, 1973
Section: 4(1),4(2)(a),10A
(a) Criminal Procedure Code (V of 1898)--- ----S. 497--- Second/subsequent bail application, filing of---Maintainability---Another bail application on the same ground cannot be repeated before the same court; and, if a bail application is withdrawn during the subsistence of a ground on which bail is sought it cannot be taken again if the bail application was withdrawn. PLD 2014 SC 241 and PLD 2015 SC 41 ref. (b) Pakistan Legal Practitioners and Bar Councils Rules, 1976--- ----R. 166---Constitution of Pakistan, Arts. 4(1), 4(2)(a), 10A---Criminal trial---Strikes by lawyers causing delay in conclusion 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. A detained accused must not be made to suffer because his advocate elects to strike or does so in solidarity with his colleagues. Duty of the Advocate is to appear in Court when a matter is called and make satisfactory alternative arrangements if he is unable to. An Advocate representing an accused must discharge his duty towards his client. If an advocate representing a detained accused does not attend court, he fails to perform his professional duty and breaks his clients trust. An 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. The Constitution also mandates that no action detrimental to the liberty of anyone be taken except in accordance with law therefore, if the trial of a detained accused is delayed on account of strike(s),…
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