ISLAMABAD – The Federal Constitutional Court (FCC) has declared that strikes called by bar associations and bar councils are unlawful and constitute a violation of citizens’ constitutional right to access justice, holding that such actions deprive litigants of legal representation and further strain an already overburdened judicial system.
In a detailed 20-page judgment authored by Justice Aamer Farooq, the court upheld a Peshawar High Court (PHC) decision that had reinstated the practice licences of two lawyers.
The FCC observed that the practice of lawyers’ strikes results in the denial of justice for litigants, stating that such actions cannot be justified under any circumstances, regardless of the cause.
The judgment noted that bar associations in the subcontinent frequently resort to strike calls, adding that the practice is not only unlawful but also infringes upon the constitutional right of access to justice of both litigants and their counsel.
The court further observed that when strikes are enforced, lawyers are prevented from appearing before courts, effectively leaving litigants without representation and causing routine adjournments without progress in pending cases.
The case originated from an incident involving the murder of a young lawyer, in which a police officer was named in an FIR and later surrendered before a court. The officer subsequently engaged counsel for his defence, which led to protests by members of the legal fraternity.
Following the developments, the Khyber Pakhtunkhwa Bar Council passed a resolution barring lawyers from representing the accused officer. In a separate disciplinary move, the licence of advocate Ali Azim Afridi was suspended after he appeared in court during a declared strike, which bar authorities termed misconduct.
The suspended lawyers challenged the decision before the Peshawar High Court, which ruled in their favour and restored their licences.
Affirming the PHC verdict, the FCC held that lawyers’ strikes effectively amount to a denial of justice in a system already burdened with delays and heavy caseloads.
The court remarked that strike calls, regardless of their stated purpose, are not a legitimate means of protest as they come at the expense of litigants awaiting resolution of their cases.
It further stated that any form of obstruction in court proceedings, including work stoppages or refusal to appear before courts, violates the constitutional guarantee of access to justice.
The FCC concluded that preventing lawyers from representing clients or participating in court proceedings is impermissible under the law.
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