People are entitled to have access to findings: SHC

Private contractor files petition in court against blacklisting of his company.

KARACHI: The Sindh High Court has held that the Constitution of Pakistan mandates fair trial and everyone is entitled to have access to the findings of an inquiry recorded prejudicial to his interests. This was observed by Chief Justice Mushir Alam, who headed a division bench, when a federal law officer informed the court that findings of inquiry initiated by the Pakistan Navy against a civilian firm could only be shared with the judges in their chamber instead of open court.

A private contractor, Syed Shakil Hyder Rizvi, had approached the high court against black listing of his company, M/s Safdar and Company, by the Pakistan Navy. The petitioner said that he was summoned to appear on July 15, 2005 by the Naval Stores Depot in connection with an inquiry.

The inquiry committee said that the petitioner’s employee, Abdul Mujeeb, had taken some money from the elder brother of the Inspector of Naval Stores, Javed Ahmed. On the basis of this, petitioner’s company was black-listed and further ordered to surrender Dockyard entry passes issued to it.

The petitioner contended that his company was black-listed in unlawful manner as he had nothing to do with personal acts of his employee. He asked the court to call the record of the inquiry board so that he could proceed in accordance with law.

On Thursday, Deputy Attorney General Muhammad Ashraf Mughal stated that the inquiry findings could only be shared with the judges in their chamber.

The judges noted: “It may be observed that the Article 10-A inserted through the 18th Amendment mandates fair trial and in terms of Section 24-A of the General Clauses Act, and a person is entitled to be informed of findings recorded prejudicial to his rights and interest, if any.”

DAG Mughal requested for time to bring the legal position to notice of the authority concerned as well as the consequences of not sharing the information.

On his request, the hearing was adjourned to a date which is to be fixed by the office.

Published in The Express Tribune, November 9^th, 2012.