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Mst. TAHIRA BEGUM vs FEDERATION OF PAKISTAN through Secretary Ministry of Religious Affairs and Interfaith Harmony, Government of Pakistan Ss — 2025 SCMR 1887 SUPREME-COURT

Case information

Citation
2025 SCMR 1887 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
Mst. TAHIRA BEGUM vs FEDERATION OF PAKISTAN through Secretary Ministry of Religious Affairs and Interfaith Harmony, Government of Pakistan Ss

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

Judgment text as reported

Mst. TAHIRA BEGUM VS FEDERATION OF PAKISTAN through Secretary Ministry of Religious Affairs and Interfaith Harmony, Government of Pakistan Ss. 14, 16, 17 & 21---Constitution of Pakistan, Arts. 4 & 10-A---Evacuee Trust property---Declaration---Remedy against---Due process of law and fair trial---Principle of natural justice---Applicability---Lease notification, cancellation of---Petitioner was aggrieved of notice issued by authorities regarding cancellation of lease---Validity---Due process is a pre-requisite that needs to be respected at all strata---Right to fair hearing and fair trial necessitates that no one should be penalized by decision upsetting and afflicting his right or legitimate expectations unless he is given a fair chance to answer it and a fair opportunity to explicate / present the case---To enjoy protection of law and to be treated in accordance with law is an inalienable right of every citizen---Purposefulness of Article 4 of the Constitution is to ascribe and integrate doctrine of equality before law or equal protection of law and no action detrimental to life and liberty of any person can be taken without due process of law---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---Principles of natural justice and fair-mindedness are grounded in philosophy of affording a right of audience before any detrimental action is taken---In the Constitution, right to fair trial has also become a fundamental right under Article 10-A of the Constitution---Principle of natural justice is grounded in astuteness and clear-sightedness of affording a right of audience before any prejudicial action is taken---This is an inescapable obligation of all judicial, quasi-judicial and administrative authorities to ensure justice according to sagacity of law---Supreme Court set aside orders passed by High Court and Chairman Evacuee Trust Properties Board and remanded the matter to the Chairman Evacuee Trust Properties Board to decide the matter afresh after providing ample opportunity of hearing to parties---Appeal was allowed.

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