Pakistan Supreme Court Bars Adverse Action Without Fair Hearing

Date:

Pakistan Supreme Court Bars Adverse Action Without Fair Hearing

ISLAMABAD, PAKISTAN — WEB DESK: The Supreme Court of Pakistan has ruled that courts and quasi-judicial authorities must ensure due process and provide affected parties a reasonable opportunity to be heard before taking adverse action, reinforcing the constitutional protection of the right to a fair trial.

The ruling came in a 10-page judgment authored by Justice Muhammad Ali Mazhar, as the Supreme Court dismissed a Punjab government appeal arising from a Lahore High Court order concerning the cancellation of land by revenue authorities without first giving the affected purchasers an opportunity to present their case.

A three-member bench led by Justice Mazhar held that the right to a fair trial under Article 10A of the Constitution is a fundamental right and that courts and quasi-judicial bodies must examine whether this right has actually been provided in the circumstances of each case.

The judgment emphasised that due process requires decision-making to be rational rather than arbitrary or haphazard. Authorities have a duty to ensure fair treatment and an adequate right of audience in accordance with the principles of natural justice.

Vested Rights Cannot Be Cancelled Unilaterally

The court said legally secured or vested rights cannot simply be overturned through unilateral administrative action where the applicable law itself requires the affected party to be heard.

The dispute involved land purchased for valuable consideration. The Supreme Court held that the purchasers should have been provided an opportunity to present their position before the land was cancelled.

The judgment referred to Section 32(2) of the Punjab Colonization of Government Lands Act, 1992, saying the requirement to provide a reasonable opportunity to show cause before resuming land, reducing its area or issuing a related order is a substantive legal safeguard rather than a procedural formality.

Failure to comply with that requirement, the court held, rendered the action an illegal exercise of power.

According to the judgment, the Board of Revenue had neither issued a notice nor provided an opportunity for a hearing before taking unilateral action to cancel the land.

No Special Treatment for Government Departments

In another significant part of the judgment, the Supreme Court ruled that government departments should not receive preferential treatment when seeking condonation of delays in filing cases.

The court criticised the Punjab government’s explanation for its lengthy delay, saying it demonstrated serious inefficiency and negligence by the department and its officials.

The judgment noted that government departments have access to their own legal machinery as well as assistance from the offices of the attorney general or relevant advocate general. They should therefore seek instructions promptly after receiving a court decision rather than allowing the statutory filing period to expire.

The court further held that a party seeking condonation must establish sufficient cause and explain the delay adequately.

Government departments, autonomous bodies and private organisations should be treated in the same manner as ordinary litigants when courts assess such requests, the judgment said.

The Supreme Court ultimately found no plausible justification for the department’s failure to file its civil petition within the prescribed period and dismissed its application for condonation of delay.

The ruling strengthens two important principles: that administrative authorities cannot deprive people of protected rights without following due process, and that government agencies cannot expect exceptional leniency from courts merely because they represent the state.

admin
adminhttps://dailyeveningnews.pk
Daily Evening News is a trusted digital news platform delivering breaking news, latest updates, and in-depth coverage from Pakistan and around the world. We are committed to accurate, timely, and unbiased journalism, keeping our readers informed about politics, business, sports, technology, entertainment, and current affairs

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Share post:

Subscribe

spot_imgspot_img

Popular

More like this
Related

PM Shehbaz Sets November Deadline for AI Projects Under Alibaba Partnership

Pakistan’s government is accelerating AI and digitalisation initiatives covering...

FM Ishaq Dar Meets Makkah Defence Pact Chief to Discuss Regional Peace

Pakistan’s foreign minister discusses the role of the Makkah...

At Least 30 Dead After Two High-Speed Trains Collide in Spain

Two high-speed trains collided in central Spain, derailing carriages...

Karachi Winter Expected to Begin in Mid-December: PMD

Karachi is likely to experience winter conditions from mid-December,...