KAURA KHAN vs State R — 2023 MLD 1260 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 1260 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: KAURA KHAN vs State R
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KAURA KHAN VS State R. 166---Constitution of Pakistan, Arts. 4(1), 4(2)(a) & 10A---Criminal trial--- Strikes by lawyers causing delay in conclusion of trial---Breach of Fundamental Rights of accused---Every advocate who had accepted a brief to attend the court could not subsequently refuse to attend court because a boycott call was given by the Bar Association---Courts were under an obligation to hear and decide cases brought before them and could not adjourn matters merely because lawyers were on strike otherwise it would tantamount to becoming a privy to the strike---No obligation on the part of the Court either to wait or to adjourn the case on such count---Speedy justice was the fundamental right of every litigant and cases appearing on the board should not ordinary be adjourned on account of the absence of the lawyers unless there were cogent reasons to do so---Advocates were answerable for the consequences suffered by their clients on account of non-appearance due to strike observed by the Bar association---Thus, the Courts were not bound either to wait or to adjourn the cases due to non-appearance of the advocates on account of strike observed by the Association---Duty of the Judges was to proceed with a case during Court hours---Courts should not surrender to pressure tactics, boycotts or threats.

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