Articulation of the Right to Fair Trial and Forensic Science in the Criminal Justice System of Pakistan

Constructing a limited sense of right to fair trial as it usually safeguards rights of accused, has a possibility of miscarriage of justice in not considering the interest of victim in vindication of injustice committed. This limiting approach in application of fundamental right to fair trial operates to result in general public’s distrust in state’s administration of justice. The scientific knowledge can be a pragmatic solution for the problem. Increasing the pieces of evidence can lead to outweigh any possibility of false evidence or forced confession or mistaken identification parade. This article suggests a practical solution for the problem that instead of demanding or waiting for legislation in this regard, the courts should adopt a judicial policy to use Constitutional of right of fair trial to extend it to all other cases of civil and criminal nature, which do not come under limited legal framework of paternity and sexual offences.