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1. INTRODUCTION
The right to fair trial is seen as an essential right in all countries respecting
the rule of law. A trial in these countries that is deemed unfair will typically be
restarted, or its verdict quashed.
The right is enshrined in numerous declarations which represent customary
international law, such as the Universal Declaration of Human Rights
(UDHR).Various rights associated with a fair trial are explicitly proclaimed in
Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment
to the United States Constitution, and Article 6 of the European Convention of
Human Rights, as well as numerous other constitutions and declarations
throughout the world.
2. OBJECT
The aim of the right is to ensure the proper administration of justice. The
right to a fair trial is a norm of international human rights law designed to
protect
individuals from the unlawful and arbitrary curtailment or deprivation of other
basic rights and
freedoms, the most prominent of which are the right to life and liberty of the
person.
3. DEFINITION
Blacks Law Dictionary (9th Edition), Page- 676
A trial by an impartial and disinterested tribunal in accordance with regular
procedure; esp., a criminal trial in which the defendants constitutional and
legal rights are respected.
4.
subject, not as object, of the law. Thus important right is also provided in 5 th and
6th American constitutional amendment. The right to fair trial is guaranteed by
Article 10 of universal declaration on human rights 1948 and by Article 14 0f
covenant on civil and political rights 1966.
5. 10 A A GUARANTEED FUNDAMENTAL RIGHT
Now after the insertion of Article 10-A (Right to fair Trial) in Chapter 1
(Fundamental Rights), Constitution of Pakistan, 1973 the Right to Fair Trial is
one of the guaranteed Fundamental Rights and by virtue of Article 8 of the
Constitution of Pakistan, 1973 if any law, or any custom or usage having the
force of law, insofar as it is inconsistent with the Fair Trial right, to the extent of
such inconsistency, be void, and under the Constitutional Jurisdiction the
Superior Courts of the Country may declare such law, custom or usage having
the force of law, to the extent of such inconsistency, void.
2.
3.
The Tribunal or Court before which his rights are adjudicated is so
constituted as to give reasonable assurance of its honesty and impartiality; and
4.
Holding: No, the Fourteenth Amendment did not incorporate the grand jury
.requirement, nor does due process require grand jury indictments