LAHORE: The Lahore High Court (LHC) has held that access to justice for individuals in custody seeking legal remedy must be ensured as they cannot appear in a court to defend or prosecute any suit, unless the court orders for their production.
The court observed if a trial court is reported that the defendant or complainant is in jail, the court should direct the jail superintendent to produce him before it enabling his participation in civil proceedings.
The court passed this order in a petition of a jail inmate, Abdur Rehman, against the decision of a trial court for initiating ex-parte proceedings against him in a cheque default case.
The court observed that the detention limits one’s physical mobility and ability to make legal arrangements or file necessary responses without external assistance or intervention of the courts. This restriction, if not addressed by the courts, can lead to denial of fair trial and violation of natural justice which amounts to a serious infringement of constitutional guarantees, the court added.
The court said ensuring access to justice for those in custody upholds the principles of equality, due process, and fair hearing. It noted that the petitioner was detained in the jail prior to the institution of the suit, having no knowledge about the lis.
The court said that once it was reported to the trial court by the process server that the petitioner was detained in jail in connection with some criminal cases the trial court ought to have issued directions for his production before it.
The court said that failure of the trial court to summon the petitioner from jail, after knowing of his detention, amounts to a legal error. It also observed that by not doing so, the trial court failed to discharge its duty to ensure procedural justice and thereby erred in law.
The court; therefore, allowed the petition and set aside the impugned trial court’s order to proceed against the petitioner ex-parte.
Copyright Business Recorder, 2025
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