ARTICLE ARTICLE 10-A 10- A OF 1973 CONSTITUTION: 1. INTRODUCTION
The “right to fair trial” is seen as an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict quashed. The right is enshrined in numerous declarations which represent customary inte intern rnat atio iona nall law law, such such as the the Univ Univer ersa sall Decl Declar arat atio ion n of uma uman n !igh !ights ts "UD!#.$arious rights associated with a fair trial are e%plicitly proclaimed in Article &' of the Universal Declaration of uman !ights, the (i%th Amendment to the United (tates )onstitution, and Article * of the +uropean )onvention of uma uman n !igh !ights ts,, as well well as nume numerou rouss othe otherr const constit itut utio ions ns and and decl declar arat atio ions ns throughout the world. 2. OBJECT
The aim of the right is to ensure the proper administrat administration ion of ustice. ustice. The right to a fair trial is a norm of international human rights law designed to protect individual individualss from the unlawful unlawful and arbitrary curtailment curtailment or deprivation deprivation of other basic rights and freedoms, the most prominent of which are the right to life and liberty of the person. 3. DEFINITION Black’s La D!c"!#$a%& '9"( E)!"!#$*+ ,a- /7/
A trial by an impartial and disinterested tribunal in accordance with regular procedure; procedure; esp., a criminal trial in which the defendant’s defendant’s constitutional and legal rights are respected.
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RELA RELATIONS TIONSI, I, OF RI RIT T TO FA FAIR TRIAL TRIAL IT IT OTER OTER RITS
The rights conferred through Article -,,&',&/,&0 and /1 of 2a3istan constitution. The right to equality before the law is sometimes regarded as part of the rights to a fair trial. The right entitles individuals to be recogni4ed as
subect, not as obect, of the law. Thus important right is also provided in 1 th and *th American constitutional amendment. The right to fair trial is guaranteed by Article &' of universal declaration on human rights &-5 and by Article &- 'f covenant on civil and political rights &**. 4. 10 A A UARANTEED FUNDA5ENTAL RIT
6ow after the insertion of Article &'7A "!ight to fair Trial# in )hapter 8 & "9undamental !ights#, )onstitution of 2a3istan, &:0 the !ight to 9air Trial is one of the guaranteed 9undamental !ights and by virtue of Article 5 of the )onstitution of 2a3istan, &:0 if any law, or any custom or usage having the force of law, insofar as it is inconsistent with the 9air Trial right, to the e%tent of such inconsistency, be void, and under the )onstitutional ;urisdiction the (uperior )ourts of the )ountry may declare such law, custom or usage having the force of law, to the e%tent of such inconsistency, void.
/. CO5,ARATI6E ANALSIS OF RIT TO FAIR TRIAL
,A8ISTAN =%#css. ?F#>@! F#>$)a"!#$ a$) a$#"(% ;s. S(a!->%-R(a$
6>! &5- (); -'0?, in which the doctrine of due process of law has been summari4ed as follows@77 &.
e shall have due notice of proceedings which effect his rights.
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e shall be given reasonable opportunity to defend.
0. The Tribunal or )ourt before which his rights are adudicated is so constituted as to give reasonable assurance of its honesty and impartiality and -.
That it is a )ourt of competent urisdiction.
FAIR TRIAL RITS IN UNITED STATES
The 9ifth and 9ourteenth Amendments to the United (tates )onstitution each contain a Due 2rocess )lause. Due process deals with the administration of ustice and thus the Due 2rocess )lause acts as a safeguard from arbitrary denial of life, liberty, or property by the Bovernment outside the sanction of law. C&* The (upreme )ourt of the United (tates interprets the )lauses as providing four protections@ procedural due process "in civil and criminal proceedings#, substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Eill of !ights. FAIR TRIAL RITS IN ENLIS LA Cla>s 39 # "( 5a$a Ca%"a,
;ohn of +ngland promised as follows@ ?6o free man shall be sei4ed or imprisoned, or stripped of his rights or possessions, or outlawed or e%iled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, e%cept by the lawful udgment of his equals or by the law of the land.? ,(%as due process of law
first appeared in a statutory rendition of Fagna )arta in A.D. &01- during the reign of +dward <<< of +ngland, as follows@ ?6o man of what state or condition he be, shall be put out of his lands or tenements nor ta3en, nor disinherited, nor put to death, without he be brought to answer by due process of law.?C* J>%!s" E)a%) C#k
freedom to have a fair trial or not to be punished without trial.
7. ESSENTIALS OF FAIR TRIAL RITS
The right to a fair trial is one of the most litigated human rights and substantial case law has been established on the interpretation of this human right. Despite variations in wording and placement of the various fair trial rights, international human rights instrument define the right to a fair trial in broadly the same terms. As a minimum the right to fair trial includes the following fair trial rights in civil and criminal proceedings@ T( %!(" "# < (a%) <& a C#="$"+ I$)=$)$" a$) !=a%"!al T%!<>$al The basic institutional framewor3 enabling the enoyment of the right to a fair trial is that proceedings in any criminal case "or in a suit at law# are to be conducted by a competent, independent and impartial tribunal established by law . The rationale of this provision is to avoid the arbitrariness andGor bias that would potentially arise if criminal charges were to be decided on by a political body or an administrative agency.
Matloob Hussain V. State 2004 5LD 1101
9acts@urtado was convicted of murder in california and sentenced to be hanged .)alifornia law provided for indictment by “information”prepared by the prosecuting attorney,rather than by a grand ury. Iss>@ Does the Due 2rocess )lause of the 9ourteenth Amendment require states to secure grand ury indictments in order to prosecute defendants for Hfelonies
#l)!$@ 6o, the 9ourteenth Amendment did not incorporate the grand ury .requirement, nor does due process require grand ury indictments
Mir Ghous Bahsh Ba!en"o V. #he State 19/9 ,.C%. L. J 991
“+veryone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of I any criminal charge against him.”
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The right to a public hearing means that the hearing should as a rule be conducted orally and publicly, without a specific request by the parties to that effect. The court or tribunal is, inter alia, obliged to ma3e information about the time and venue of the public hearing available and to provide adequate facilities for attendance by interested members of the public, within reasonable limits. There must be an equal and reasonable opportunity for all parties to present a case .The right to a fair hearing depends on many issues ,such as the presentation of evidence and the behaviours of members of court, public and press. The significant part about &'a is that now in future no law repugnant to these elements can be ever made. 5!% Al! A(a) ;s ,%#;!$c # s" ,ak!s"a$ ,LD 194/ 8a%ac(! 237
Under the sindh distt municipal Act &'&,the sindh govt had power to supersede any municipality on the grounds available in the Act.The sindh govt under s.&: of the Act superseded the tandu municipality without giving opportunity to defend. #l)!$ !ight of practice affected so the govt should act udicially and even if the administrative action affected rights,principle of hearing should be given.
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Mureed V. State 2010 5LD 31
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The right to be provided and communicate with counsel is the most scrutini4ed specific fair trial guarantee in trial observation practice, because it has been demonstrated to be the one that is most often violated. 2rinciple & of the Easic 2rinciples on >awyers states that “all persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.” This right is particularly relevant in case of pre7trial detention. owever the right to counsel is also an important element of the right to adequate facilities for the preparation of a defense.
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Hida$atullah V. #he State 2007 LR 1311
+%peditious and fair trial is the right of every accused.The purpose of trial is not to punish the accused without trial.
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%a!eer &h'ed alias (apu V. State 2010 LR 722
+%peditious and fair trial is a fundamental right of accused person .The intention of law is that the criminal case must be disposed of without unnecessary delay.
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The U( supreme court held that privilege of self7incrimination was not immutable principle of ustice .
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“6o one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country” .
The prohibition of ne bis in ide' or of double eopardy is aimed at preventing a person from being tried and punished for the same crime twice. . A,,LICABILIT OF RIT TO FAIR TRIAL
The right to a fair trial applies not only to udicial proceedings, but also administrative proceedings.
Article &'a confers right to fair trial and due process not only in respect of criminal prosecutions but also e%tends these rights for the determination of civil rights and obligations. Due process is the conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights before a competent tribunal. JUSICE O5ES
Whatever disagreements there may be as to the phrase due process of “ ”.law.It is actually the fair trial-----the opportunity of hearing . 10. DUE ,ROCESS
The )onstitution states that the government cannot ta3e away a personKs basic right Mlife, liberty or property, without due process of law.
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/ue (rocess & funda'ental constitutional )uarantee that all le)al proceedin)s will be fair and that one will be )i*en notice of the proceedin)s and an opportunit$ to be heard before the )o*ern'ent acts to tae awa$ one2s life libert$ or propert$. &lso a constitutional )uarantee that a law shall not be
unreasonable &3B4#3&3 or capricious.
Mian Mohibullah aa hail *olu'e 1
Due 2rocess of >aw.77The word ?due? in the e%pression ?due process of law? in the American )onstitution is interpreted to mean ust, according to the opinion of the (upreme )ourt of U.(.A. That word imparts urisdiction to the )ourts to pronounce what is ?due” from otherwise, according to law. Staurt *s pal'er -7 % 18
“Due process of law is based upon the principle of natural law,which is older than written constitution ,that a citi4en should not be deprived of his life,liberty or property without an opportunity to be heard in defence of his rights,and the constitutional provision that no person shall be deprived of these without due process of law.” R!(" >a%a$") U$)% D> ,%#css Cla>s •
!ight to a fair and public trial conducted in a competent manner
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!ight to be present at the trial
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!ight to an impartial ury
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!ight to be heard in oneMs own defense
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>aws must be written so that a reasonable person can understand what is criminal behavior
11. ARTICLE 10 A IS CONCERNED IT ,ROCEDURAL DUE ,ROCESS OF LA
S> =%#css require legislation to be fair and reasonable in content and to further a legitimate governmental obect.
,%#c)>%al )> =%#css refers to the procedure government must follow before depriving a person of his life and liberty.Article &'a is concerned with procedural due process of law.
