Gulzer vs The State
This criminal appeal challenges a conviction and sentence imposed by an Additional Sessions Judge regarding the possession of 'mainpuri' sachets. The appellant contended that the trial court failed to provide him with a fair opportunity to engage legal counsel, thereby violating the principles of natural justice. The Deputy Prosecutor General for the State did not oppose the request for a remand. Upon review, the Court found that the trial court had indeed failed to ensure the appellant was afforded a fair chance to secure representation. The Court held that this omission constituted a violation of the constitutional mandate guaranteeing the right to a fair trial. Consequently, the Court set aside the impugned judgment and remanded the matter to the trial court for a fresh trial, ensuring the appellant is given adequate opportunity to engage counsel. The Court further directed the appellant's release on bail pending the new trial proceedings, subject to the furnishing of fresh bail bonds, thereby upholding the fundamental right to due process and legal representation in criminal proceedings.
- Does the failure to provide an accused a fair chance to engage counsel violate the right to a fair trial under the Constitution of Pakistan?
- Can an appellate court set aside a conviction and remand a case if the trial court denied the accused the right to legal representation?
- Is a trial court required to ensure an accused has the opportunity to engage counsel before proceeding to judgment?
- Article 10-A, Constitution of Islamic Republic of Pakistan 1973
ORDER
The appellant for being in possession of 'mainpuri' sachet was reported upon by the police to face trial according to law. As per learned counsel for the appellant, without providing chance to engage a counsel the appellant has been convicted and sentenced by learned Additional Sessions Judge-I, Tando Muhammad Khan by way of judgment dated 12.10.2020 which is against the principle of natural justice. By contending so, he sought for remand of the matter to the Trial Court for fair trial.
2. Learned D.P.G for the State was fair enough to state that he would be having no objection, if the matter is remanded to learned Trial Court for fair trial.
3. I have considered the above arguments and perused the record.
4. Apparently the appellant has not been provided a fair chance to engage a counsel to represent him in the case by learned Trial Court, which is against the mandate contained by Article 10-A of the constitution of Islamic Republic of Pakistan, 1973 which prescribes right of fair trial for determination of civil/criminal rights and obligations to every citizen.
5. In view of above, the impugned judgment is set-aside with direction to learned Trial Court to proceed with the case afresh after providing a fair chance to the appellant to engage a counsel.
6. The appellant was enjoying the concession of bail at trial, therefore, he is directed to be released on bail by learned Trial Court on furnishing fresh bail bond in sum of Rs.30,000/- and P .R bond in the like amount.
7. The instant appeal is disposed of f accordingly together with the pending application.