Legal Case Summary

Case Details
Case ID 20e2e315-736b-4b19-b0a5-0713f42a0ece
Body View case body.
Case Number Criminal Appeal No. Q-1 of 1981
Decision Date Feb 10, 1983
Hearing Date
Decision The court held that the appointment of the two advocates to represent the accused was improper since there was no record showing that they had the requisite authority to do so. The accused had been conducting his own defense and had explicitly stated he did not authorize these advocates. The court's actions in proceeding with the case based on the statements of the advocates, without confirming their authority, constituted a serious legal error. The evidence presented by the prosecution witnesses, who were not cross-examined by the accused, was deemed inadmissible. The court also noted that the right to cross-examine witnesses is a fundamental right of the accused, and denying this right compromises the integrity of the trial. Therefore, the court concluded that the proceedings against the accused were flawed and ruled in favor of the accused.
Summary This case revolves around the principles of legal representation and the rights of the accused during a criminal trial. The Supreme Court of Pakistan addressed significant issues regarding the authority of advocates to represent defendants in court. The accused, who had been conducting his own defense, challenged the legitimacy of two advocates appointed by the court without his consent. The court ruled that the lack of authority of these advocates invalidated their representations and any evidence presented without cross-examination. The ruling emphasized the fundamental right of the accused to challenge evidence against them and highlighted the importance of proper legal representation. The case serves as a critical reference for similar instances in criminal law, reinforcing the necessity for due process and the protection of defendants' rights in legal proceedings.
Court Supreme Court of Pakistan
Entities Involved Government of Pakistan
Judges MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN BURHANUDDIN KHAN, JJ, Nasim Hasan Shah, Al. S. H. Quraishi, Mian
Lawyers Fakhr-ud-Din G. Ibrahim, Senior Advocate Supreme Court, Muhammad Afkal Siddiqi, Advocate-on-Record, Raza A. Khan, Deputy Attorney-General of Pakistan, Ch. Akhtar Ali, Advocate-on-Record
Petitioners MUHAMMAD HALEEM
Respondents THE STATE THROUGH THE SECRETARY, MINISTRY OF INTERIOR, GOVERNMENT OF PAKISTAN
Citations 1983 SLD 426, 1983 PLD 291
Other Citations Khadim v. Crown P L D 1954 Lab. 69, Muhammad Sharif v. State P L D 1973 Lab. 365, Emperor v. Sukh Dev A I R 1929 Lab. 705
Laws Involved Holders of Representative Offices (Punishment for Misconduct) Order, 1977
Sections 5(3), 6(3)