Calls for strikes given by lawyers are illegal, rules Federal Constitutional Court 

Declaring calls for strikes given by bar associations and bar councils ‘illegal’, the Federal Constitutional Court (FCC) on Wednesday noted that such calls constituted a violation of the constitutional right of litigants to have access to justice, reported 24NewsHD TV channel.

In a written order, Justice Aamer Farooq said that strikes put additional burden on the judicial system, which was already grappling with the issue of case backlog.

The judge wrote that when lawyers went on a strike, naturally they boycott court proceedings due to which hearings of cases were postponed.

He noted that already the country’s judicial system was under lot of stress as there existed long lists of pending cases. “Litigants have to wait for years for decisions in their cases,” Justice Farooq said, adding, “Even if the strike is observed for a noble cause, the truth of the matter is that it is no solution to different issues.”

The judgement was given in the case of cancellation of the license of a lawyer who had represented an SHO nominated in the murder case of his colleague despite the pressure put by the KP Bar Council on him not to represent the police official.

The affected police official had moved the Peshawar High Court (PHC) against the cancellation of his license.

The high court restored the lawyer’s license.

The FCC upheld the PHC’s decision in the case.

Reporter: Amanat Gishkori