‘Fair Trial Bill’ Not So Fair (Letter to the Editor)

The Express Tribune, 20 December, 2012

Posted: 21 Dec 2012

See all articles by Farkhanda Zia

Farkhanda Zia

International Islamic University Islamabad

Shamreeza Riaz

International Islamic University Islamabad

Nuzhat Khan

Independent

Syeda Saima Shabbir

Senior Research Officer Supreme Court of Pakistan; International Islamic University, Islamabad

Date Written: December 20, 2012

Abstract

A parliamentary committee has, according to a recent report, approved the controversial ‘Investigation for Fair Trial Bill 2012’. If passed by parliament into law, it would authorise the law-enforcement agencies to tape phone calls and monitor SMSs and emails as part of their investigation into acts of terrorism or in probing alleged suspects of terrorist acts.

The very title of the proposed bill is misleading since it gives the impression that any investigation carried out after its passage will be intrinsically fair. We know that this isn’t necessarily the case, even in the most free of democracies.

The second point is that the passage of this bill will grant the government unlimited access to barge and violate the privacy of citizens, especially in their homes, which is clearly in violation of Article 14 of the Constitution of Pakistan. Third, the proposed bill is also in conflict with Article 8 of the Constitution, which provides that laws inconsistent with, or in derogation of, fundamental rights are void. Lastly, even if the bill has been approved in line with the best practices in the UK, the US and other developed countries, it does not seem practicable and would be open to widespread abuse.

Dr Farkhanda Zia, Chairperson Faculty of Shariah and Law, IIUI

Shamreeza Riaz, Researcher, IIUI

Nuzhat Mehmood Khan, Advocate of the High Court

Syeda Saima Shabbir, Research and Reference Officer of the Supreme Court of Pakistan

Keywords: Fair Trial Bill in Pakistan

Suggested Citation

Zia, Farkhanda and Riaz, Shamreeza and Khan, Nuzhat and Shabbir, Syeda Saima and Shabbir, Syeda Saima, ‘Fair Trial Bill’ Not So Fair (Letter to the Editor) (December 20, 2012). The Express Tribune, 20 December, 2012, Available at SSRN: https://ssrn.com/abstract=2192153

Farkhanda Zia

International Islamic University Islamabad

PO Box 1243
Islamabad, Islamabad Capital Territory 46000
Pakistan

Shamreeza Riaz (Contact Author)

International Islamic University Islamabad ( email )

Faculty of Shariah & Law, IIUI
H-10 sector
Islamabad, PA Fedral 44000
Pakistan
92-51-9258039 (Phone)
92-51-9258021 (Fax)

HOME PAGE: http://www.iiu.edu.pk/index.php?page_id=88

Nuzhat Khan

Independent

Syeda Saima Shabbir

International Islamic University, Islamabad ( email )

Islamabad, Islamabad Capital Territory 46000
Pakistan
051-9082308 (Phone)

HOME PAGE: http://https://www.supremecourt.gov.pk/

Senior Research Officer Supreme Court of Pakistan ( email )

Islamabad, Islamabad Capital Territory 46000
Pakistan
051-9082308 (Phone)

HOME PAGE: http://https://www.supremecourt.gov.pk/

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
215
PlumX Metrics