Karachi: The Sindh High Court (SHC) ruled that the Karachi Bar Association (KBA) cannot prohibit its members from representing clients in cases involving lawyers and their families.
The two judges of the SHC, led by Justice Mohammad Karim Khan Agha, said the ban violated various constitutional provisions, especially fair trials, freedom of association and the fundamental rights of professionals in practice.
It also advises attorneys to file a complaint with the SHC if the KBA is harassed or prevents them from handling such cases and the court will review these complaints to determine whether such restrictions involve violin Section 10-A constitution.
Under its order, the judge: “We pass this order to maintain a balance between the parties. No member of the Karachi Bar Association wishes to take action in a case involving a murder or a rape of a defense lawyer shall prevent this.”
Substitute instructions
Hearing a petition filed by a lawyer against the KBA and others, the petitioner believed that he was forced to withdraw his client’s bail application (lawyer’s power) to his Spakalatnama (power of attorney), in which a lawyer was blamed in the case, while the petitioner imposed the responsibility of the KBA and the petitioner by the KBA and others, whose position was forgotten, whose position was in their position, whose position belonged to their position.
He also stated that last March, the KBA passed its members’ resolution to defend the case against lawyers and their families unconstitutional because it discriminated against litigants who opposed advocates.
The bench also pointed out that KBA President Amir Nawaz Warraich appeared and said that the KBA passed the KBA resolution on March 12, 2024, which clearly violated the fundamental rights outlined in the Constitution, especially A, 17 and 18.
He further stressed that KBA members cannot be prohibited from appearing in this situation.
“If members of the Bar Association choose to act in a case, they cannot be restricted or prevented from doing so and should continue to be subject to their discretion and the authorizations provided by the Constitution. The defendant has the right to appoint a lawyer of his or her choice.
It also instructs the KBA not to restrict any resolution in the future from any member involved in the KBA and not to adopt any coercion or threat from any member who chooses to act for such defendants.
The KBA president also assured the judge that the association would disciplinary action against any members of the KBA if they attempt to put pressure or intimidate attorneys acting in response to the March 2024 resolution.
The bench said: “In view of the above facts and circumstances of the case and in accordance with the statement of the KBA President, it was ruled that the Karachi Bar Association (KBA) cannot prohibit its members from taking on cases involving other KBA members in Pakistan.
“The KBA President acknowledged the unconstitutionality of previous resolutions and was committed to ensuring that attorneys can act freely. He also promised to take disciplinary action against any members who harass or impose lawyers on such treatment.”
Posted at Dawn on September 21, 2025
