Ali Muhammad vs State Ss — 2025 YLR 2538 KARACHI-HIGH-COURT-SINDH

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Ali Muhammad VS State Ss. 302(a) & 311---Criminal Procedure Code (V of 1898), S.340(1)---Constitution of Pakistan, Art. 10-A---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd---Appreciation of evidence---Accused-appellant not represented by a defence counsel---Legality---It was an admitted position that the appellant faced the trial in a case involving capital punishment---Such like cases could only be proceeded with on the appearance of a qualified legal practitioner engaged by the accused himself or engaged for the accused by the Court at Government expense---Article 10(1) of the Constitution, also provided that the accused shall not be denied the right to consult and be defended by a legal practitioner of his choice---Under section 340(1), Cr.P.C., an accused has the right to be defended by a pleader in his trial before any criminal Court---Such right is of paramount importance and must be zealously guarded to protect the life and liberty of the citizens---If adequate opportunity of defence through a pleader is not provided to an accused, it would also be violative of the fundamental right regarding security of person enshrined under Arts.9 & 10-A of the Constitution---In the absence of proper opportunity of defence through counsel, an accused may be deprived of his life or liberty in violation of the law and would be denied fair trial and due process---Enjoying the protection of law and to be treated in accordance with the law is an inalienable right of every citizen as laid down under Art.4 of the Constitution---Record showed that earlier an advocate was appearing on behalf of the appellant before the Trial Court, who subsequently withdrew and, thereafter, the Trial Court examined three prosecution witnesses, recorded statement of the appellant under S.342, Cr.P.C. and convicted and sentenced him to death on the basis of evidence partly recorded in the absence of a counsel to which the appellant was entitled under the law---Thus, the conviction and sentence was not sustainable due to violation of said provision---Therefore, the case was remanded to the Trial Court with directions to enquire from the appellant if he intended to make his own arrangements for legal assistance, if not, a counsel be employed at Government expenses---Appeal was allowed, accordingly.

Ali Muhammad vs State Ss — 2025 YLR 2538 KARACHI-HIGH-COURT-SINDH

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