Principle of Natural justice In Pakistan

 

The principle of natural justice in Pakistan refers to the fundamental legal principles that ensure fairness and justice in administrative and judicial proceedings. These principles are derived from the concept of due process, which is a fundamental right guaranteed by the Constitution of Pakistan.

The principle of natural justice encompasses two main principles: the rule against bias and the right to a fair hearing. These principles aim to protect individuals from arbitrary decisions and ensure that they are given a fair opportunity to present their case.

The rule against bias requires that decision-makers be impartial and free from any actual or perceived bias. This means that they should not have any personal interest in the outcome of the case and should approach it with an open mind. In Pakistan, this principle is enshrined in Article 10-A of the Constitution, which guarantees the right to a fair trial.

The right to a fair hearing ensures that individuals are given an opportunity to present their case and be heard before a decision is made. This includes the right to be informed of the charges or allegations against them, the right to legal representation, the right to call witnesses, and the right to cross-examine witnesses presented by the opposing party. The principle also requires that decisions be based on evidence and not on arbitrary or discriminatory grounds.

In Pakistan, the principle of natural justice is applicable in various contexts, including administrative proceedings, disciplinary actions, and judicial proceedings. Administrative bodies, such as tribunals and regulatory authorities, are required to adhere to these principles when making decisions that affect individuals' rights or interests.

The judiciary in Pakistan plays a crucial role in upholding the principle of natural justice. The courts have consistently emphasized the importance of fairness and due process in their judgments. They have held that any decision made in violation of natural justice is void and can be challenged through judicial review.

It is important to note that while the principle of natural justice is recognized and protected in Pakistan, there may be instances where it is limited or restricted by law. For example, in certain cases involving national security or public interest, the right to a fair hearing may be subject to reasonable restrictions.

In conclusion, the principle of natural justice in Pakistan ensures fairness and justice in administrative and judicial proceedings. It encompasses the rule against bias and the right to a fair hearing, which are fundamental rights guaranteed by the Constitution. The judiciary plays a crucial role in upholding these principles and ensuring that decisions are made in accordance with due process.

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