LHC’s Landmark Verdict for Pervaiz Elahi Fair Trial Against NAB
The Lahore High Court (LHC) in a historic decision, has imposed a exemplary of Rs0.2 million on the National Accountability Bureau (NAB) for failing to uphold the fundamental right to a fair trial for former Punjab Chief Minister Ch Pervaiz Elahi and other accused in a corruption reference. The judgment delivered by way of a division bench headed by means of Justice Tariq Saleem Sheikh has already caused waves within the legal world. In precise words, the judgment rebukes NAB for denying all relevant case crucial points and statements made to the accused, actions declared unconstitutional and in opposition to the standards of justice.
Case Brief!
The controversy arose because of an accountability courtroom directing the NAB to provide complete case facts. It included the declarations of two people who later emerged as approvers. The bench termed the withholding of exculpatory proof by NAB as indefensible and a violation of the proper granted to the accused to prepare a sound defence.
Right to Fair Trial: A Constitutional Mandate
The LHC, in its brief judgment, highlighted the importance of Article 10-A of the Constitution, which ensures every citizen the right to a fair trial and due process. The bench decided that this right cannot be compromised at any cost. It also clarified that:
1. Right to Examine Evidence: Defendant human beings have the right to access proof against them as soon as formal fees have been paid. This is critical in ensuring a fair trial process.
2. Inquiry vs. Investigation: Though evidence gathered during the course of a preliminary inquiry may no longer automatically be disclosed, the scenario changes when the inquiry becomes an investigation in its own right.
Statutory Rights of the Accused
The judgment highlighted the provisions of part 18(c) of the National Accountability Ordinance (NAO), which mandates that the inquiry report, including all aiding proof and witness statements, be supplied to the accused as soon as the inquiry is transformed into an investigation. It dominated that:
Section 265-C cannot abrogate the constitutional guarantee of a fair trial under Article 10-A.
The proviso to section 18(c) of the NAO clearly imposes a mandate on NAB to provide the inquiry document and evidence to the accused.
A Critical Win for Justice
This judgment is a grand success for the tenet of justice and honest rights to trials. It cements the answerability of such investigating agencies like NAB and enshrines the fact that, even in high profile cases, procedural equality will no longer be traded off.
Legal experts have termed the verdict as a step forward in reinvigorating the role of the judiciary as the protector of constitutional rights. The economic loss inflicted upon NAB by the LHC sent a strong message: pursuing accountability should not be at the cost of equity and due process.
Implications for NAB and Future Cases
This judgment forms a crucial precedent for how investigation authorities must conduct investigations and inquiries. It also establishes the importance of transparency in prison proceedings, ensuring that accused persons can exercise their rights without undue hindrance.
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