Judicial Dictionary - A
Judicial Dictionary
Legislative Dictionary
Audi alteram partem
Category | A |
---|---|
Title | Audi alteram partem |
Details | "No one should be condemned unheard," is a settled principle of law which is embodied in the maxim audi alteram partem.
Whenever any person, or body of persons, the Supreme Court of Pakistan
says in the Dhaka University Case, is empowered to take decision after expost facto
investigation into facts which would result in consequences affecting
the person, property or other right of another person, then in the
absence of any express words in the enactment giving such power
excluding the application of the principles of natural justice, the
Courts of law are inclined generally to imply that the power so given is
coupled with a duty to act in accordance with such principles of
natural justice as may be applicable in the facts and circumstances of a
given case. What these principles of natural justice are it is not
possible to lay down with any exactness, but Hamoodur Rahman, J.
has pointed out in the aforesaid case that "Nevertheless, the general
consensus of judicial opinion seems to be that in order to ensure the
"elementary and essential principles of fairness" as a matter of
necessary implication, the person sought to be affected must at least be
made aware of the nature of the allegations against him, he should be
given a fair opportunity to make any relevant statement putting forward
his own case and "to correct or controvert any relevant statement
brought forward to his prejudice". It has been further observed, in
other words, "in order to act justly and to reach just ends by just
means" the courts insist that the person or authority should have
adopted the above "elementary and essential principles" unless the same
had been expressly excluded by the enactment empowering him to so act." ( Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD) [1693] ) |
Created On | June 8, 2014, 7:06 AM |
Hits | 348 |