The Federal Constitutional Court has declared calls for strikes by bar associations and bar councils illegal, ruling that such action violates litigants’ constitutional right to access justice.
In a written order issued, Justice Aamer Farooq said lawyers’ strikes add to the burden on an already overstretched judicial system and cause unnecessary delays in court proceedings.
The court noted that when lawyers observe strikes, they usually boycott hearings, which leads to adjournments and slows down the disposal of cases.
Justice Farooq said Pakistan’s judicial system is already under severe pressure due to a massive backlog of cases, forcing litigants to wait years for decisions. He observed that even if a strike is called for what may be seen as a noble cause, it does not offer a real solution to underlying issues.
The ruling came in a case involving the cancellation of a lawyer’s license after he chose to represent a police station house officer nominated in the murder case of his colleague, despite pressure from the KP Bar Council not to appear for the official.
The affected police official challenged the cancellation before the Peshawar High Court, which later restored the lawyer’s license.
The Federal Constitutional Court has now upheld the high court’s decision, reinforcing the view that professional pressure and strike calls cannot override the legal rights of litigants or advocates.
