LHC upholds right to fair trial in key ruling

LAHORE:

The Lahore High Court (LHC) has ruled that an accused cannot be denied access to relevant case documents under the pretext of "public interest," declaring that such denial violates the fundamental right to a fair trial.

The judgment was issued by Justice Tariq Saleem Sheikh while allowing a petition filed by Shiraz Ahmad and others in a blasphemy case, where the trial court had refused to provide documents after terming them "sensitive."

Justice Tariq Saleem Sheikh issued a detailed nine-page judgment while deciding a petition filed by Shiraz Ahmad and others in connection with a blasphemy case registered by the Federal Investigation Agency Cyber Crime Wing. The case arose after a trial court refused to provide certain documents to the accused, declaring the material "sensitive".

The accused had sought copies of evidence and allegations through a formal application, but their request was rejected, prompting them to approach the high court.

In its ruling, the high court set aside the trial court's decision, terming it inconsistent with legal requirements.

Justice Sheikh observed that under the law, it is mandatory to supply all relevant documents to the accused to ensure a fair opportunity to defend themselves.

The judgment emphasised that all documents attached to the police report form an integral part of the case record and must be shared with the accused.