Peshawar High Court rules that no bar can stop a lawyer from representing any citizen — reaffirming the constitutional right to a fair trial.

In a landmark ruling issued on 20 June 2025, the Peshawar High Court reaffirmed that the right to a fair trial and access to legal representation are fundamental constitutional guarantees that no individual or institution may undermine. The case, titled Shabir Khan v. State and others (TA No. 34-P/2025), was heard by Acting Chief Justice S. M. Attique Shah, who delivered a powerful judgment defending the independence of the Bar and the principle of equality before the law.

Background of the Case

The petitioner, Shabir Khan, sought the transfer of pre-arrest bail proceedings from Mardan to another district, citing fears of undue influence. The accused in the case—Ali Aslam and others—were reportedly influential members of the District Bar Association (DBA) Mardan. According to the petitioner, the Bar Association had issued a notice on 10 May 2025 instructing all lawyers to boycott his representation, effectively denying him the right to legal counsel.

Such a directive, the Court observed, constituted a serious violation of Article 10-A of the Constitution, which enshrines the right to a fair trial and due process. Justice Attique Shah emphasized that no individual should be deprived of legal representation due to fear, coercion, or institutional pressure.

Court Proceedings and Findings

During the proceedings, representatives from the Peshawar High Court Bar Association, the Khyber Pakhtunkhwa Bar Council, and other senior lawyers appeared before the Court. It was confirmed that the controversial boycott notice had been withdrawn, a move the Court described as “commendable in the peculiar circumstances of the case.”

Nonetheless, the judgment went beyond the specific dispute to address broader principles of justice. The Court declared that any action by a bar association or group that restricts legal representation violates both constitutional and international human rights standards, including the Universal Declaration of Human Rights (Article 10) and the International Covenant on Civil and Political Rights (Article 14).

Significance of the Judgment

Justice Attique Shah highlighted the historic role of Bar Associations in defending constitutionalism, recalling the 2007 Lawyers’ Movement as a defining moment in Pakistan’s democratic struggle. The judgment stressed that the Bar is not merely a professional collective but a constitutional guardian of the rule of law, responsible for upholding justice “without fear or favor.”

The Court’s decision reaffirms that Bar Associations cannot issue directives that undermine individual rights or obstruct access to justice. It directed that copies of the judgment be circulated among all bar councils and associations across Khyber Pakhtunkhwa to ensure awareness and compliance.

Conclusion

This ruling stands as a powerful reminder that justice cannot exist without the freedom to choose legal counsel and receive a fair trial. By upholding Article 10-A and censuring collective restrictions by bar associations, the Peshawar High Court has set a constitutional benchmark for safeguarding judicial independence and the rights of litigants in Pakistan.