Law: Constitution of Pakistan, 1973

Section: 10(1), 185(3)

(a) Constitution of Pakistan (1973)  Art. 10(1)-Right to be defended by counsel-Constitution though entitles accused to be defended by counsel of his own choice yet not necessarily at State expense-Accused may engage counsel he likes but when not able to do so he has to be satisfied with counsel assigned by Court-Counsel in such case not required to file vakalatnama -Condemned prisoner, if not satisfied with counsel appointed may object to him. It is no doubt true that, under the Constitution, an accused person has a right to be defended by counsel of his own choice but not necessarily at State expense. He can engage any counsel he likes; but, when he is not able to engage one, then the choice is no longer available to him. He has to be satisfied with the counsel assigned by the Court. In such cases, the counsel so engaged is not required to file a vakalatnama. If the condemned prisoner is not satisfied with the counsel, he can, of course, object to him. (b) Constitution of Pakistan (1973) Art. 10(1)-Counsel appointed to defend condemned prisoner at State expense-Not under legal duty to interview accused in jail or obtain his personal instructions either at appellate or revisional stage. The counsel appearing for an accused person at the appellate or revisional stage at State expense is under no legal duty to interview the accused in jail or to obtain his personal instructions, because, at this stage, he is only con cerned with the case, as it transpires on the record, for, normally no additional evidence can be brought in at this stage. However, if the counsel so desires, he can, if he considers it necessary, interview the accused in jail, with the permission of the Court. No legitimate complaint can be made if the counsel engaged in the case did not consider it necessary to interview the accused in jail. (c) Constitution of Pakistan (1961) Art. 58(2)(b)-Appeal as of right-Contention that under Constitution of 1962 appeal lay as of right where High Court enhanced sentence from transportation for life to death-Decision of question in P L D 1969 S C 362, held, final word-Appeal as of right lies only where High Court passes sentence of death or…