Fair trial is a fundamental right: SC
ISLAMABAD: The Supreme Court has held that a fair trial is a fundamental right guaranteed under Article 10A of the Constitution, and that courts and quasi-judicial authorities are bound to analyse the facts and circumstances of each case to determine whether this indispensable right was afforded or denied. A three-member bench headed by Justice Muhammad Ali Mazhar heard the Punjab government’s…
The Supreme Court ruled that a fair trial is a fundamental right protected by Article 10A of the Constitution. The three-member bench, led by Justice Muhammad Ali Mazhar, examined the case brought by the Punjab government against a Lahore High Court's decision. The court emphasized that natural justice principles demand that anyone facing action be given a fair chance to be heard, explain themselves, and contest allegations before being found guilty.
The judgment clarified that even if a statute remains silent on the right to a fair trial, the principles of natural justice must still be strictly followed. In the case at hand, the Board of Revenue was obligated to provide a reasonable opportunity for the respondent to present a case before cancelling the land on unilateral decision-making.
The court found that this was not done, as there was no notice issued and no opportunity for hearing before the land was canceled without any contestation.
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