Appeal against SHC order in ETPB case: Right to fair trial must be ensured by courts: SC

ISLAMABAD: The Supreme Court ruled that right to fair hearing and fair trial necessitates that no one should be penalised by the decision upsetting and afflicting his right or legitimate expectations unless he is given a fair chance to answer it and present the case.

A three-judge bench, headed by Justice Muhammad Ali Mazhar, held that in an appeal against the order passed by the Sindh High Court in Evacuee Trust properties case.

The compendium of facts unveil that the petitioners (Tahira Begum and others) acquired an open space measuring 16481.35 Sq. Ft at Wadhomal Odharam Quarters, Karachi through auction in 1974. They are running a business under the name and style of M/s Yamin & Company.

The lease was executed by the Evacuee Trust Property Board (ETPB), Lahore, through its Deputy Administrator, Karachi on 20.11.1991, for 99 years. However, the lease was cancelled by secretary Ministry of Religious Affairs & Interfaith Harmony (respondent No.6) vide letter dated 17.9.2020 with the allegations that the lease granted in favour of the petitioners was bogus and fake.

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The petitioners responded to the notice of cancellation and show cause but the respondents extended threats of dispossession. Since the petitioners had no expeditious and appropriate remedy under the law especially with reference to Section 14 of the Evacuee Trust Property (Management & Disposal) Act 1975, (ETP Act), they filed the constitutional petition against the respondents for setting aside the notice of cancellation of lease but the Division Bench of Sindh High Court (SHC) dismissed the constitution petition by means of impugned order. Hence, the appeal before the apex court.

The judgment, , authored by Justice Mazhar, noted that the High Court nonsuited the petitioners on hyper technical grounds and failed to advert to the order dated 14.09.2020 was passed behind the back of the petitioners and for the first time placed in the High Court during the hearing of Constitution Petition, hence, there was no occasion to file revision against the order which was not communicated to the petitioners and after declining adjournment, no date was fixed in the case for any purpose and order was reserved, which was otherwise a wrong exercise of powers, the Chairman ETPB should have given the exact date for announcing the order without keeping it in limbo.

It said: “Due process is prerequisite that needs to be respected at all strata. To enjoy the protection of law and to be treated in accordance with the law is an inalienable right of every citizen.” The judgment maintained that the principles of natural justice require that the delinquent should be afforded a fair opportunity to converge, explain and contest before he is found guilty and condemned.

It said: “In our Constitution, right to fair trial has also become a fundamental right under Article 10-A. The principle of natural justice is grounded on the astuteness and clear-sightedness of affording a right of audience before any prejudicial action is taken, therefore it is an inescapable obligation of all judicial, quasi-judicial and administrative authorities to ensure justice according to the sagacity of the law.

Copyright Business Recorder, 2025