| Case ID |
15d4ed41-8f91-478b-b70b-084a305ecf8c |
| Body |
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| Case Number |
Special Crl. A.T. Appeal No. 28 of 2010 |
| Decision Date |
Oct 17, 2017 |
| Hearing Date |
Jun 02, 2017 |
| Decision |
The court emphasized the importance of appointing advocates for paupers to ensure the right to a fair trial as guaranteed by Articles 9 and 10-A of the Constitution. The decision outlined that the appointment of advocates should not be a mere formality but should ensure proper representation, considering the experience and abilities of the counsel. The guidelines for appointing counsel were established to ensure a balanced approach, preventing any exploitation of the system and ensuring that pauper accused receive adequate legal representation. The court mandated a reasonable fee structure for advocates representing paupers and emphasized the need for a ready list of willing counsels to assist in legal proceedings, thereby upholding the principle of justice and fair trial. |
| Summary |
The Sindh High Court case discussed the constitutional right to legal representation for paupers under Articles 9 and 10-A of the Constitution of Pakistan. It underscored the necessity of appointing competent lawyers for individuals unable to afford legal fees, ensuring their right to a fair trial. The court established guidelines for the appointment of advocates, emphasizing the need for a comprehensive list of willing counsels and a reasonable fee structure. This case highlights the judiciary's commitment to uphold justice and prevent exploitation, ensuring that every accused, regardless of financial status, receives proper legal representation. Keywords: legal representation, fair trial, constitutional rights, Sindh High Court, pauper counsel. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Justice Salahuddin Panhwar,
Justice Muhammad Saleem Jessar
|
| Lawyers |
Mr. Shahadat Awan,
Mr. Muhammad Sabir Chipa
|
| Petitioners |
ALLAHDINO ALIAS BABOO
|
| Respondents |
STATE
|
| Citations |
2018 SLD 2798,
2018 PLJ 716
|
| Other Citations |
2012 SCMR 1235,
PLD 2007 Karachi 544
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
9,
10-A
|