The principle with the Latin tag audi alteram partem
(hear the other side) is so deeply ingrained in our common law traditions, this would never happen in England or Cyprus.
In ancient times, democratic was founded on sine qua nons of honesty, merit (aret), nationalism, spirit of sacrifice, corruption-free public services, across-the-board military-civil accountability, audi alteram partem
, truthfulness, practicing religion, and welfare of the masses.
He contended that the SECP was required to give opportunity of hearing before it issued the Impugned Directive and drew our attention to PLD 2004 SC 441, where it has been held that the principle of Audi alteram partem is applicable to judicial as well as non-judicial proceedings and it is read in every statute as its part if right of hearing has not been specifically provided therein PLD 1982 Lah.
Right of opportunity of hearing is not merely a technical right, it is linked with the tangible, factual and legal aspects of the case and it would depend upon the facts and circumstances thereof as to whether observance of the technical rule of audi alteram partem by a lower forum and the ritualistic performance in this behalf would serve the ends of justice or it would negate the ends of justice.
Yet little attention has been paid to audi alteram partem
, a principle of natural justice that compels us to 'hear the other side' to make a fair assessment of the facts at hand.
La condamnation de citoyens dans ce genre de circonstances semble clairement se faire sans respect pour les principes de justice naturelle, notamment la regle audi alteram partem
, le droit d'etre entendu.
It seems clear that condemning individuals in circumstances of this sort violates the principles of natural justice, in particular audi alteram partem
, the right to be heard.
Natural Justice states that Audi alteram partem
(Hear other side) and Nemo judex in causa sua (No man a judge in his own case).
He said the returning officers move was against principle of audi alteram partem
as the consolidation of votes had taken place in absence of parties.
It is still used to sum up the principles of our legal system - audi alteram partem
, the principle of hearing both sides of the story before reaching a verdict - because Latin expresses ideas more succinctly than our own amorphous tongue.