Law: Constitution of Pakistan, 1973

Section: 10A, 204(2)(b)

Law: Contempt of Court Ordinance, 2004

Section: 3, 5, 6, 17

Law: Legal Practitioners and Bar Councils Act, 1973

Section: 54

SUMMARY It is worth mentioning here that an advocate is not merely a representative of a client but also an officer of the court and a guardian of justice. The duty and conduct of an advocate before the court is therefore governed by high standards of ethics, fairness, integrity, and professionalism. The administration of justice depends not only on judges but also on the sincerity and uprightness of advocates and the foremost duty of an advocate is toward the court. Respectful behavior is one of the fundamental aspect of an advocate’s conduct. The court represents the rule of law and must be treated with dignity. An advocate should maintain decorum, address the judge courteously, and avoid interrupting or using immoderate language. Even in moments of disagreement, the advocate must address the court respectfully. Personal criticism of judges, opposing counsel, or parties has no place in professional practice. Mutual respect between the bench and the bar strengthens public confidence in the legal system. This Court, in exercising its jurisdiction to convict the Accused in absentia, finds statutory sanction in Section 17 of the Contempt of Court Ordinance, 2004. While Section 17(3) mandates that a court “shall fix a date for framing a charge in open court and proceed to decide the matter either on that date, or on a subsequent date or dates, on the basis of affidavits, or after recording evidence,” it also grants the court the discretion to “proceed to decide the matter” once the interest of justice so requires. This procedural mandate must be read in conjunction with the court’s inherent power to prevent the obstruction of justice. Where an accused, having been formally charged and having pleaded not guilty, willfully absents himself to frustrate the trial, the “opportunity of a preliminary hearing” and the “right of cross-examination” provided under Section 17 are not extinguished but are effectively waived by the contemnor’s own conduct. The law cannot be interpreted to allow a contemnor to paralyze the court’s hand by simply refusing to appear. This interpretation is fortified by the…