Sirajuddin Shaikh vs Spl; Judge Anticorruption Provicial Sukkur An Other
This criminal revision application challenges an order dated 17-11-2020 passed by the Special Judge Anticorruption (Provincial), Sukkur, which dismissed the applicant's request under Section 540 of the Code of Criminal Procedure 1898 to recall a prosecution witness, Ghulam Hussain, for cross-examination. The applicant contended that the denial of the opportunity to cross-examine a crucial witness violated the principles of a fair trial. The Deputy Prosecutor General for the State did not oppose the application. The Court held that cross-examination is an essential mechanism that assists both the accused and the Court in reaching a just decision. The Court emphasized that denying such an opportunity undermines the right to a fair trial. Consequently, the impugned order was set aside, and the trial court was directed to recall the witness for cross-examination. The judgment affirms the principle that the right to cross-examine witnesses is integral to the constitutional guarantee of a fair trial, ensuring that the determination of rights and obligations in criminal proceedings remains transparent and just.
- Does the denial of an opportunity to cross-examine a prosecution witness violate the constitutional right to a fair trial?
- Is the recall of a witness for cross-examination permissible under Section 540 of the Code of Criminal Procedure 1898?
- Does the right to a fair trial under Article 10-A of the Constitution of Islamic Republic of Pakistan 1973 apply to the process of cross-examination in criminal proceedings?
- Section 540, Code of Criminal Procedure 1898
- Article 10-A, Constitution of Islamic Republic of Pakistan 1973
ORDER
1. Application for urgent hearing is granted.
2. Over ruled.
3. The applicant by way of instant revision application has impugned an order date 17-11-2020 passed by learned Special Judge Anticorruption (Provincial) Sukkur Division @ Sukkur whereby his application u/s 540 Cr.P.C for recalling PW Ghulam Hussain for purpose of cross examination has been dismissed.
It is contended by learned counsel for the applicant that the applicant has been denied right of cross examination to very important witness, which is against the spirit of fair trial. By contending so, he sought for setting a side of the impugned order .
Learned DPG for the State, who being available in the Court, after waiving the notice has recorded no objection to grant of instant revision application.
I have considered the arguments and perused the record.
It is the cross examination, which not only help the accused, but the Court itself to arrive at just decision of the case, same could hardly be denied, if denied, would negate the mandate contained by article 10-A of the Constitution of Islamic Republic of Pakista n 1973 which prescribes fair trial to every citizen for determination of his rights/obligations in civil as well as in criminal proceedings.
In view of above, the impugned order is set aside with direction to learned trial Court, to recall PW Ghulam Hussain for purpose of cross examination.
Instant revision application is disposed of accordingly .