2026 PLC(CS) 521 PESHAWAR-HIGH-COURT

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WASI-UD-DIN VS GOVERNMENT OF KHYBER PAKHTUNKHWA Principles of natural justice are applicable to domestic administrative tribunals and specially the authorities which are discharging quasi-judicial or administrative functions. arts.2-a, 4 & 10-a---Principles of natural justice, adherence to---Scope---Adherence to the principles of natural justice by the authority would normally depend upon; (i) There should be proper application of mind and scrutiny of the records before it, by the authority to enable it to record its satisfaction in terms of the law on the subject; (ii) It should pass a speaking order which would at least prima-facie show that the authority concerned has applied its mind to the various contentions or points of determination raised before it; (iii) No one should be condemned unheard and principle of audi alteram partem is read in every statute as its part if right of hearing has not been specifically provided therein. Natural justice---Definition---The phrase "natural justice" is not capable of a static and precise definition---It cannot be imprisoned in the straight-jacket of a cast-iron formula---Historically, 'natural justice' has been used in a way which implies the existence of moral principles of self-evident and unarguable truth---Rules of natural justice are not embodied rules---Being means to an end and not an end in themselves, it is not possible to make an exhaustive catalogue of such rules---But two fundamental maxims of natural justice are pre-eminently necessary to ensure that the law is applied impartially, objectively and fairly---Described in the form of Latin tags these twin principles are, (i) audi alteram partem and (ii) nemo judex in re sua. art.10-a---Right to fair trial---Maxims "audi alteram partem" and "nemo judex in re sua"---Meaning and scope---The first principle is a highly effective rule devised by the Courts to ensure that a statutory authority arrives at a just decision and it is calculated to act as a healthy check on the abuse or misuse of power---Hence its reach should not be narrowed and its applicability circumscribed---The purpose of this rule is to prevent miscarriage of justice---This principle when conjoins with the maxim 'nemo judex in re sua' these constitute the basic elements of a fair hearing as enshrined in art. 10-a of the Constitution, for fair trial and justice which is not the preserve of any particular class of people or institution, but is shared in common by everyone.

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