The court issued this statement while hearing the appeal of a Frontier Constabulary (FC) official, who had objected against his transfer and demotion without due process. The court said that the right to a fair trial was a fundamental right of every citizen of Pakistan.
The case was heard by a division bench headed by Justice Sardar Tariq Masood and including Justice Muhammad Ali Mazhar, who also authored a seven-page judgment.
“On adding this fundamental right in our Constitution, the court is bound to analyse the facts and circumstances of the case to ascertain whether this indispensable right was afforded or not,” observed Justice Muhammad Ali Mazhar.
According to the appeal, the appellant had been transferred by the Frontier Constabulary from one platoon to another, as punishment on August 16, 2017. Through another office order on November 28, 2017, the appellant was made the junior-most in the new platoon.
The bench noted that no individual should be prosecuted for the same offence more than once. “In the case in hand, it is apparent that the appellant was vexed twice for the same alleged offence of making false complaint against his colleagues, who were found innocent after inquiry,” the judgment said.
“The punishment of transfer as well as declaring him junior while upsetting the seniority through another office order issued in continuation are for the one and the same cause is also hit by the doctrine of double jeopardy which provides a legal defence to shield a person from being tried again for the same indictments after an acquittal or conviction,” it added.
The Supreme Court set aside his transfer and demotion. It also made it clear that in case of future allegations of misconduct, the Frontier Constabulary may issue a show cause notice and if the reply is found to be unsatisfactory, it may lead to a proper inquiry.