Pendency of proceedings

2026 PLD 126 SUPREME-COURT Judicial Precedent

Art. 10-ARight to fair trialMedia trialPendency of proceedingsReporting of a crimeEffect

News regarding a crime is always of interest to people, particularly when case is of high profile or nature of crime is of interest to general public

Unusual interest of public leads to a media trial and consequences can be irretrievable, not only for accused but victims as well

Public interest may also be harmed by preventing actual perpetrators of crime from being held to account and instead facilitating conviction of an innocent person on the basis of a perceived imputation of guilt

Such phenomenon and its adverse consequences becomes more important in sensitive cases when it is an unseen occurrence and victim is a child

Media has enormous power and ability to create narratives which may be true or false

Media can cause irretrievable damage to reputations by ruining lives of accused and their family members

Media has unique power to make heroes or villains, intentionally or unintentionally and such powers are susceptible to be abused in a society where State suppresses freedom of expression and manipulates media

Greater responsibility rests with media to strictly observe high standards of ethical codes in order to strike balance between rights of parties involved in criminal proceedings and public interest i.e. what information should be disseminated to general public

Bedrock of criminal justice system is to ensure in each case the right to a fair trial

Fundamental principle of right to fair trial is presumption of innocence; every accused is presumed to be innocent unless proven guilty by a competent Court and by observing safeguards and requirements in the context of a fair trial.

2020 PTD 444 SINDH-REVENUE-BOARD Judicial Precedent

Amendment in lawRetrospective effectPendency of proceedingsSubstantive and procedural lawsApplicabilitySubstantive law is that, which defines rights of parties, while procedural law determines remediesLaw of procedure may be defined as that branch of law which governs process of litigationLimitation of passing of order comes within ambit of procedural law

When law is changed/altered during pendency of proceeding, substantive right of parties are to be decided according to law as it existed at time when action was initiated unless legislature has made its intention clear that amendment will apply retrospectively

Exception to rule is that law beneficial to subject and procedural law can be applied retrospectively.

2015 PLD 39 PESHAWAR-HIGH-COURT Judicial Precedent

Ss. 12(2) & 115Setting aside of judgment decree or orderForumPendency of proceedings

Judgment and decree passed by Trial Court was maintained by Lower appellate Court as well as High Court and matter was pending before Supreme Court

Petitioners filed application under S.12(2), C.P.C. before Lower Appellate Court for setting aside its judgment maintaining that of Trial Court

Lower Appellate Court dismissed the application on the ground that it has to be filed before the last court affirming judgments of courts below

Validity

Application under section 12(2), C.P.C. was to be filed before the court, which was last in series except where an appeal revision or leave to appeal was dismissed on any ground except merit

High Court did not find any patent infirmity, irregularity or legal flaw in the judgment passed by Lower Appellate Court as the same was based on correct appreciation of law

Revision was dismissed in circumstances.