Justice without fair trial, not a justice: CJP

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Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, while addressing International Convention on fair trial organized by Supreme Court Bar Association Saturday, has said that justice without fair and expeditious trial will not be a justice indeed.

“The colors in the panorama of the universe can only remain protected if the rights of the people are protected and the justice is administered without any fear or favour,” he said. “If the people are not treated equally before the law then they feel aggrieved and tend to take the law in their own hands, which ultimately proves fatal for the whole society and becomes a challenge for the maintenance of law and order and ultimately becomes a challenge in establishing the writ of the Government,” he remarked.
He went on to say that the right to fair trial was inserted as a fundamental right in the form of Article 10A in the constitution through the (Eighteenth Amendment) Act, 2010.

“Although this right was inserted through an amendment in the year 2010, there is a long list of judgments, wherein, this right had already been recognized by our superior Courts,” he said.

“It would be pertinent to mention here that in order to prevent the law enforcement and intelligence agencies from using their powers arbitrarily and to regulate their powers in accordance with law under proper executive and judicial oversight, “Investigation for Fair Trial Act, 2013” has been enacted,” he underlined.

“Although the right to fair trial is one of those human rights recognized in all the countries respecting constitutionalism and the rule of law yet this is one of the most litigated human rights as well,” he stated.

“I am sure that by ensuring the proper implementation of this right we can ensure the right of “access to justice to all”,” he added.

1 COMMENT

  1. It is also very important that all cases must 'come up' to be heard. It is common knowledge that fake cases are initiated by the strong and the powerful and big-name lawyers ensure that these do not come up for hearing for years and even decades. Is this justice ? The CJP must ensure that all cases must be finalised in a given time.

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