Law: Constitution of Pakistan, 1973

Section: 9, 10, 10A, 18, 199(1)(c), 199(5)

Constitution of Pakistan, 1973-- ----Arts. 9, 10, 10A, 18, 199(1)(c) & (5)--Murder of a young lawyer--Resolution passed prohibiting advocates from representing accused police officer--Licence of Advocates suspended for representing accused--Writ petitions--maintainability of writ petition--challenge--Maintainability--Enforcement of Fundamental Rights--Expression “Any Person”--Scope--Private persons--Bodies corporate--Regulatory bodies--Bar Councils--Advocates’ licences--Suspension of licence--Representation of accused person--Lawyers’ strike--Appearance before Court during strike--Right to profession--Access to justice--Right to fair trial--Fundamental Rights--Constitutional petition maintainable--Peshawar High Court judgment affirmed--This demonstrated that High Court was justified in holding writ petition to be maintainable against Petitioners, since its primary purpose was enforcement of Respondents’ fundamental rights--It was clearly seen that under Article 199(1)(c) High Court was not confined to issuing writs for enforcement of fundamental rights only in connection to State functionaries or governmental bodies--It could even be issued against private persons--There was no reason to limit rule and hold that regulatory bodies like Bar Councils were immune from writ jurisdiction or that High Court was not empowered to enforce fundamental rights when regulatory bodies like Bar Councils were involved--It was well-settled that lawyers had no right to go on strike or to give a call for boycott and abstain from appearance in Courts in pursuance of a call for strike or boycott--It was held that preventing lawyers from representing their litigants, or from approaching or appearing before Courts, was wholly impermissible--This, in essence, was very situation that Economic Freedom Clause was designed to safeguard--The Federal Constitutional Court agreed with reasoning of Peshawar High Court and found no infirmity in aforementioned reasoning--Leave to appeal refused. [Pp. 55, 58, 59 & 60] A, E, F & G Constitution of Pakistan, 1973-- ----Art. 199(1)(c)--Power of the High Court--Fundamental right-- It was held that, under…