Courts must ensure right to fair trial, SC observes.

ISLAMABAD -- Every court must analyse in each case whether or not it had honoured the right of an accused to a fair trial under Article 10A of the Constitution, the Supreme Court observed on Monday.

'On adding this fundamental right in our Constitution, the court is bound to analyse the facts and circumstances of the case to ascertain whether this indispensable right was afforded or not,' observed Justice Muhammad Ali Mazhar.

A two-judge Supreme Court bench, consisting of Justice Sardar Tariq Masood and Justice Muhammad Ali Mazhar, had taken up an appeal by Sohail Ahmed against the Federal Services Tribunal over rejection of his plea on Nov 15, 2018.

The catchphrase, 'complete justice', is actually a wide-ranging and all-inclusive expression aimed at doing justice at all costs so that the principles of fairness are not compromised or distorted on the basis of mere technicalities.

Authored by Justice Mazhar, the judgment emphasised the principles of natural justice required that a court afford an opportunity to a delinquent to defend himself and contest the charges brought against him before pronouncing its judgement in a case.

Through an office order of Aug 16, 2017, the Frontier Constabulary took punitive action against Sohail Ahmed on allegations of misconduct and transferred him from Malakand to Daryoba.

As further punishment, the appellant was declared the most junior in his platoon at Daryoba.

Sohail Ahmed lodged a departmental appeal on Jan 3, 2018, against the decision and then another on Aug 16 the same year, but the Frontier Constabulary made no reply to the pleas.

He then took his grievance to the Federal Services Tribunal, but it dismissed the plea on grounds of limitation without touching upon the merits of the case. Having exhausted all options, Sohail Ahmed filed an appeal before the apex court.

Under Article 10A of the Constitution, the right to a...