An Assessment of Right to Fair Trial Under the Constitution of Pakistan, 1973: A Comparative Study of the US and Pakistan

Abstract

Right to fair trial is considered as the basic right affirmed by Islam and recognised by different international documents i.e., ICCPR, UDHR, etc. In Pakistan, the notion of fair trial has been incorporated through Article 10-A through 18th constitutional amendment. The two amendments were made in the US Constitution in 18th and 19th century i.e., 6th and 14th amendments which safeguards right to speedy trial, impartial jury, public trial and equal protection of law. The Investigation for Fair Trial Act, 2013, permits the use of new methods in collection of evidence and also bridles arbitrary powers from being used. However, being dissimilar to the essence of the Constitution, 21st Amendment was made to adopt Pakistan Army Act, 2015 in order to control the extremism. The key purpose of the article is to assess how far the efforts for the enforcement of right to fair trial in Pakistan are sufficient?