Tag Archives: court

Human Rights Series: Everybody Deserves A Fair Trial

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Right to a fair trial is one of the oldest human rights in human history. The principles of justice surrounding “fair trial” are applicable worldwide. Even Islam promotes these and requires these principles to be applied whenever someone faces a trial. Article 10-A of the Constitution of Pakistan, 1973 provides this basic right to each and every person in Pakistan facing a court trial.

Roughly speaking, there are two basic principles of natural justice which should be practiced in every case:

  • No man should be a judge in his own cause. This means that the judge should be an unbiased person.
  • No man should be condemned unheard. This means that every person facing a trial should have a right to defend himself either personally or through a lawyer.

Article 10-A ensures that every person, even if he is a foreigner, gets a fair trial. This right also applies to the actions of government servants who have to use their judgement to make a decision. They also need to be ‘fair’ and impartial. Like other fundamental rights, this right cannot be violated at all. If you feel like your right has been violated, you can approach the High Court which will make necessary orders to restore your rights.

Human Rights Series: Rights After Arrest

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Whenever someone is arrested in Pakistan, he has certain rights which must be made available to him. Every person, whether he is a Pakistani or not, has this protection under Article 10 of the Constitution of Pakistan, 1973. Article 10 makes it a duty of the police to do the following acts after arresting someone:

  1. Tell the arrested person why he was arrested. The arrested person can demand to see his arrest warrant (if any).
  2. Allow the arrested person to call his lawyer.
  3. Present the arrested person in front of a Judge within 24 hours. The Judge will either release him or continue his arrest for more days.

It is crucial to know that this 24-hour rule also applies on Eid and public holidays. Police cannot tell you that tomorrow is a holiday so you’ll have to stay in lockup for 2 days! There are special duty courts which are open on these holidays, and you can be produced before them. If a court is not open, police should take you to the house of a Judge but never keep you arrested for more than 24 hours.

Like every other law, this law comes with an exception. An arrested person can be denied these rights if he is arrested under a law for “preventive detention”. Concisely speaking, these laws are made for arresting terrorists, spies, and other persons working against Pakistan. They can be arrested for 3 months, and after this period, they are presented before some Judges of High Court or Supreme Court (depending on the crime) who can allow extension of 3 more months or release them.

If you are a common man and feel that your fundamental rights have been violated, you can approach the court which, if convinced, will punish the police. These violations can be a big factor in a case against you, and in some instances you can be acquitted (بری ہونا) on this ground. If someone has been arrested for more than 24 hours, immediately call your lawyer. The lawyer will file an application in the court, and the court will either order the police to bring that arrested person or it will conduct a raid in the police station.

The home-wrecking fraud

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Note: Names have been changed to protect the identity of the clients.

Nadir was happily married when he moved to Iran for work. His wife had to stay in Pakistan. He used to visit his wife whenever he had some holidays. One day, he called his beloved wife to tell her a surprise: he had landed Pakistan and was coming to meet his love. But alas! His love had an even bigger surprise ready for him. She forbade him to come home because, she said, she had already obtained Khula (Divorce) from him.

“How could this happen?”, thought Nadir. The answer was complicated – The lady approached the court for a decree of Khula but never told the court that her husband was not in Pakistan. She mislead the court into believing that her husband was deliberately not appearing before the court. Gaining the sympathy of the Honorable Court, she also managed to get an order that Nadir will pay her a certain maintenance amount for every month he has been absent.

Now, what remedy does the poor soul have?

We at Aijaz & Usman carefully studied the case and decided to challenge the decision of the Honorable Court. We went to the Appellate Court – a court you go to when you are dissatisfied with an order – and challenged the said order on the basis of fraud and misrepresentation. The Appellate Court entertained our submissions and after hearing arguments at length, directed that the trial will be held de novo i.e. the whole case will be heard again from the beginning.

This gave the couple a chance at redemption. This meant that the once-happy husband and wife could reconcile their differences and become one again. Yes, there must have been some differences which led to this feud, but anyway this is the law: The court will allow both parties to sit and talk out the differences and try to resolve their issue without breaking the marital tie. The question of monthly maintenance will also be decided again.

Whoever was initially in the wrong will now face a fair trial with lawyers on both sides to protect the interests of their clients. Fingers are crossed, and legal research is on full swing to make sure that this time no party may face any hardship and speedy justice is served.