Lawyers can’t be suspended for arguing cases during strike: FCC

Authored by Justice Aamer Farooq, the 20-page judgement also criticised the practice of frequent strike calls by bar associations and bar councils, observing that such strikes were not only illegal but also violated the constitutional right of access to justice of litigants and their counsel. “When a strike call is made, the lawyer bodies restrict lawyers from appearing before the courts. Consequently, a litigant, on that day, is deprived of his legal practitioner’s representation, and proceedings in his case are adjourned without any progress,” Justice Farooq noted. “This amounts to a denial of access to justice,” he asserted. While deciding the challenge to the Oct 15, 2025 judgement of the Peshawar High Court (PHC), the two-member constitutional court, which also included Justice Rozi Khan Barrech, framed two questions for determination. First, whether the jurisdiction of a high court under Article 199(1)(c) of the Constitution extends to issuing writs against “any person”, including regulatory bodies such as bar councils. Second, whether the suspension of the licences of two lawyers, one for representing a client and the other for appearing in court during a strike, infringed the fundamental right to practise a profession guaranteed under Article 18. The FCC answered both questions in the affirmative. The court held that preventing lawyers from representing litigants or from approaching and appearing before courts was wholly impermissible. It observed that such restrictions struck at