2025 PLD 737 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

VS “Transitional justice”---Scope and purpose---In post-authoritarian regimes, “transitional justice” forms a crucial part of the transition from repressive authoritarianism to constitutional democracy---It involves uncovering the crimes of former authoritarian rulers and holding them accountable for past human rights violations, including unlawful detentions, imprisonments and politically motivated trials---Transitional justice, however, is not about vengeance or retribution but about a principled approach to healing and justice---Courts globally have affirmed that they must address the demands of victims for truth and justice while laying the foundation for societal reconciliation and systemic transformation---This dual focus on accountability and restoration is what sets transitional justice apart from ordinary judicial processes---Transitional justice, therefore, encompasses a set of methods through which states that have experienced fundamental human rights violations seek to distance themselves from that past and move forward in a manner consistent with the need for justice for those who have suffered from these violations---These methods of transitional justice include truth and reconciliation commissions and the criminal prosecution of former authoritarian rulers---Furthermore, holding both executive and judicial institutions accountable for their actions during the period of authoritarian repression, as well as exonerating past victims of state repression and miscarriages of justice, is essential for facilitating the transition of these state institutions toward greater respect for, and promotion of, the rule of law and fundamental human rights---Transitional justice encompasses broader mechanisms, including revisiting flawed judicial decisions made during authoritarian regimes through compromising due process and fair trial requirements---This process helps restore fairness and legitimacy in the legal system---By revisiting and rendering opinions on the fairness and legitimacy of such decisions, the Court delivers justice to affected individuals and sends a powerful message: judicial complicity with authoritarianism will not be shielded from scrutiny---This approach reinforces judicial independence, ensures accountability for regime-orchestrated injustices, and establishes a precedent for discrediting flawed judicial decisions rendered under oppressive regimes---Such actions underscore the judiciary's commitment to constitutional principles, reminding past and future judges of their duties and the need to resist authoritarian pressure---Ultimately, this helps safeguard democracy, the rule of law and human rights.

Case information

Judgment text as reported

Other judgments reported in 2025 PLD