Editorial
Why is a Fair Trial Critical for Pakistan?
A fair trial is a trial that an impartial judge conducts in an open court, where all parties are treated equally and have fair and proper opportunities to prove innocence. It is a fundamental guarantee of human rights and the rule of law aimed at ensuring the administration of justice. A fair trial eliminates bias or prejudice for or against the accused, the witness, or the cause being tried. It is the best way to separate the guilty from the innocent and protect the innocent from injustice.
A fair trial is critical for justice because it ensures that all people, regardless of their guilt or innocence, are entitled to due process of law and are considered innocent until proven guilty through a fair trial. This helps maintain law and order in a society, deter crime and hold criminals accountable for their actions. Fair trials help establish the truth and are a cornerstone of democracy. They also prevent the abuse of power by government and state officials and are essential for maintaining the rule of law.
In Pakistan, the right to a fair trial is provided by Article 10-A of the Constitution. This article was added through the 18th Amendment Act in 2010. It states that “a person is entitled to a fair trial and due process for the determination of his civil rights and obligations or in any criminal charge against him.”
This constitutional right is further supported by various legislative and legal provisions, such as the Code of Criminal Procedure, 1898; the Qanun-e-Shahadat Order, 1984; the Anti-Terrorism Act, 1997; and the Pakistan Penal Code, 1860. These laws provide for various aspects of a fair trial, such as the right to an impartial jury, the right to legal counsel, the right to confront/call witnesses, the right to a public hearing, the right to a speedy trial, and the right to appeal.
Pakistani society must ensure the implementation of the fundamental right of fair trial because it protects individuals from false accusations and ensures that justice is served. It also promotes trust and confidence in the judicial system and enhances its credibility and legitimacy. Moreover, it upholds the dignity and respect of human beings and safeguards their civil liberties and freedoms. Lastly, the state and society must protect each citizen’s fundamental rights.
