Islamabad:
The Supreme Court has decided that the right to a fair trial is a fundamental law under Article 10-a of the Constitution, which emphasizes that proper process must be maintained at all levels of governance and judgment.
“Due Process is a prerequisite that need to be respected at all strata. The right to fair hearing and fair trial necessitates that no one should be penalized by the decision upset and afflicting his right or legitimate Expectations unless he is given a fair chance to apply to say a fair. Explicate/Present The Case, “Observed an 11-Page Judgment Authored by Justice Muhammad Ali Mazhar in A Case Relating To A Property Dispute Between Private Individuals and The Evacuee Trust Property Board (ETPB).
The judgment emphasized that every citizen enjoys the inalienable right to protect the law and to be treated in accordance with it.
“The conclusion of Article 4 of the Constitution is to attribute and integrate the doctrine of equality before law or equal protection of the law, and no action that is detrimental to life and freedom of life can be taken without proper law process,” it noted.
It also noted that “the principles of natural justice require the criminal to have a fair opportunity to converge, explain and compete before being found guilty and condemned”.
The bench emphasized that the principles of natural justice and fair-mindedness are embedded in the philosophy of giving a right to the audience before taking any harmful action.
“In our Constitution, right to justifying trial has also become a fundamental right under Article 10-a. The principle of natural justice is based on the arousency and clear visibility by giving a right to the audience before taking any judgmental acts, therefore it is an inevitable obligation for all judicial, quasi-judgmental and administrative authorities to ensure justice under the law of law.”
According to the case register, the petries have run a company under the name and style of M/S. Yamin & Company. The disputed property – an open space that measures 16,481.35 square meters located at Wadhomal Odharam quarter, Karachi – was acquired by the petitions in 1974 through auction.
Possession was handed over in two stages: 13,778 square meters in 1978, and the remaining 2,706 square meters in 1982. A 99-year-old indentation was carried out on March 28, 1992.
The lease had been executed by ETPB, Pakistan’s government, through its deputy generator of Karachi, in line with a letter of approval issued by ETPB on November 20, 1991.
On September 17, 2020, however, Respondent # 6 issued a notice of cancellation in which he claimed that the lease in favor of the petitions was “false and false”. The petries responded to cancellation and notice of show reasons, but claimed that they were subsequently threatened by removal.
Lack of any quick or appropriate legal remedy under the Evacuee Trust Property (Management & Disposal) Act, 1975, especially section 14, the petitioners filed a constitutional petition who tried to sell the cancellation message.
However, Sindh High Court rejected their petition.
