PESHAWAR, Feb 13: A full bench of the Peshawar High Court on Monday ruled that a fugitive from law loses his right of hearing before an appellate court. The bench comprising Justice Shehzad Akber Khan, Justice Ijaz Afzal and Justice Saleem Khan observed that the appellate forums should decide the appeals on merit without giving the right of hearing to an absconding respondent.

The court also observed that the appellate court could request any lawyer for assistance.

The bench was constituted for deciding the issue which originated in five appeals filed by the state against acquittal of different accused people mostly in murder cases.

While the high court benches were hearing the appeals, it transpired that the acquitted accused, who were respondents in the appeals, had not been turning up before the court and were declared absconders.

The counsel of the respondents contended that even if the accused remained absent he had the right to be heard during the appeal.

Additional Advocate-General Pir Liaqat appeared for the state whereas advocates Asthagfirullah Khan, Nek Nawaz Khan and Lal Jan Khattak represented the respondents.

Mr Liaqat contended that it was mandatory for the accused to appear before the appellate court hearing the appeal. He argued that a fugitive had no right to be represented before a court. He added that in such cases the court might decide the appeal on merit in absence of an accused.