| Case ID |
3d47d748-31c7-449c-9ada-21d7eeda6f48 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 123 of 1956 |
| Decision Date |
May 10, 1956 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the habeas corpus petition filed by Khair Muhammad Khan and Abdul Latif, who were detained under the Frontier Crimes Regulation after being accused of an offence under the Explosive Substance Act. The court held that trials conducted under the Frontier Crimes Regulation, particularly when denying the right to legal counsel, are inconsistent with Article 7 of the Constitution of Pakistan, which guarantees the right to consult and be defended by a legal practitioner. The court emphasized that Article 7 should be considered part of every law related to trials for any offence. The court directed that no evidence should be recorded against the accused before providing them an opportunity to defend themselves by a legal practitioner. However, the court acknowledged that the detention under the Deputy Commissioner's authority did not infringe the rights outlined in Article 7, given the inherent authority of the Deputy Commissioner as a Magistrate. The court concluded that while the jirgah trial lacks formal legal representation, it should adhere to the principles of fairness and justice as enshrined in the Constitution. |
| Summary |
This case revolves around the legality of trials conducted under the Frontier Crimes Regulation (FCR) in Pakistan, specifically concerning the rights of the accused to legal representation. The Lahore High Court examined the implications of Article 7 of the Constitution of Pakistan, which ensures that no person shall be detained without being informed of the grounds for arrest or denied the right to legal counsel. The court found that the practices under FCR violated these constitutional provisions, particularly in denying accused individuals the right to engage legal counsel during their trials. The court's ruling emphasized that all trial laws must incorporate constitutional rights, thereby reinforcing the importance of legal representation in maintaining justice. The decision also highlighted the need for procedural reforms in the administration of justice within the framework of the Frontier Crimes Regulation, advocating for a balance between traditional practices and constitutional guarantees. This case serves as a pivotal reference for future legal interpretations regarding the rights of detainees and the necessity of legal representation in Pakistan's judicial system. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. R. KAYANI,
MUHAMMAD YAQUB ALI
|
| Lawyers |
Khan Abdul Qayyum Khan,
S. A. Mahmood
|
| Petitioners |
ABDUL LATIF,
KHAIR MUHAMMAD KHAN
|
| Respondents |
THE GOVERNMENT OF WEST PAKISTAN
|
| Citations |
1956 SLD 120,
1956 PLD 668
|
| Other Citations |
Not available
|
| Laws Involved |
Frontier Crimes Regulation (III of 1901),
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
2(b),
3,
4,
11,
7(2),
344
|