Everyone facing the trial should be given the opportunity of hearing at length and each case should be decided on merits as per law.
One of the fundamental rights which is guaranteed by the constitution of the Islamic Republic Of Pakistan, 1973 is the fair trial. The article 10-A of the said constitution provides opportunity to the accused or any party involved in the litigation to get the fair trial. The Criminal Justice System is based on the Latin maxim, “Audi Alterm Partem” which provides that no one should be condemned unheard. It is duty of the court who hears the case to give full-fledged opportunity of hearing to the parties without any discrimination.
In the recent history of Pakistan, former justice Shaukat Aziz Siddiqui of the Islamabad High Court was sacked by the Supreme Judicial Council on delivering his speech to the legal fraternity in the Rawalpindi Bar Association on 18th July, 2018 wherein he revealed in his address that the intelligence agencies’ are interfering in the judicial affairs and even getting involved in formation of the benches.
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The supreme judicial council initiated the proceedings against the former justice Shaukat Aziz Siddiqui under article 209 of the Constitution of Pakistan, 1973 and formed the opinion of his removal from the office and subsequently notification of his removal was issued by the government. Moreover, the former Justice Shaukat Aziz Siddique preferred appeal against order of the Supreme Judicial Council and notification of the government to set-aside by the Supreme Court.
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Ultimately, appeal of the Justice Siddiqui was taken up by the incumbent Chief Justice of Pakistan Justice Qazi Faez Issa and appeal of the former Justice Shaukat Aziz Siddiqui was allowed by setting aside the order of the Supreme Judicial Council and notification of the government. The former justice Shaukat Aziz Siddiqui shall be deemed to have retired justice of the Shaukat Aziz Siddiqui as he attains the age of 62 years where the high court judge gets retirement.
It was held by the Supreme Court Of Pakistan in case of justice Siddiqui that former Justice Shaukat Aziz Siddiqui was not afforded the opportunity of being heard and he was not heard which was requirement of law under the Article 10-A of the constitution. The fair trial is the basic right of every citizen and everyone who is facing the trial should be given the opportunity of hearing at length and each case should be decided on merits as per scheme of law.
Irshad Ahmed Memon
Larkana Sindh
