1991 SCMR 2114




Per Muhammad Afzal Zullah, CJ.
(a) Constitution of Pakistan, 1973 Preamble and Article 2A

This Court has emphasized the vigilance to be exercised by the Courts and forums of law so as not to be duped by the interplay of technicalities which do not go to the root of the case in so far as the dictates of substantial justice are concerned, Since the introduction of Islamic Law and jurisprudence in our Constitutional set up including the Objectives Resolutions enacted by the first Constituent Assembly in 1949, the emphasis on real substantial justice has increased manifold. So much so that although it is not enshrined in the Constitution as a fundamental right, in the entire Constitutional set up mentioned above, the right to obtain justice as is ordained by Islam, has become inviolable right of citizens of Pakistan.
One who seeks justice must be ready to see justice being done to the other side. When the other side is the Government or any State Institution or functionary acting on behalf of the State, it is the duty of a litigant for justice against the State not to shirk the responsibility of being just to the adversary also. [p. 2116]B

(b) Constitution of Pakistan, 1973 Preamble and Article 2A

On the other hand deep understanding and keen observance of proceedings is a sine qua non for doing justice in the Constitutional set up of Pakistan. Those Rules of adversary system based merely on technicalities not reaching the depth of the matter, are now a luxury of the past. Neither of the parties can be permitted to trap an improperly defended or an undefended or an unsuspecting adversary by means of technicalities when the demand of justice is clearly seen even through a perfect trap. It will make no difference if the litigant parties are citizens high or low and/or is Government or a State institution or functionary acting as such. [p. 2117]D

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