MUHAMMAD NAWAZ vs HABIBULLAH AND Other
This matter before the Supreme Court of Pakistan arose from an order granting leave to appeal against the acquittal of the respondents by the High Court. The primary issue concerns the propriety of the High Court's procedure in acquiring, verifying, and comparing the handwriting of a key eye-witness for the first time during appellate proceedings, leading the High Court to deem the witness thoroughly unreliable despite being found reliable by the trial court. The Supreme Court granted leave to appeal to examine whether the High Court, in forming its opinion regarding the credibility of the eye-witness, took all relevant factors into consideration and whether its conclusions could reasonably be drawn from the evidence. Additionally, the Supreme Court ordered the issuance of bailable warrants against the respondents returnable to the District Magistrate, Sargodha.
- Whether the High Court can properly procure, verify, and compare handwriting evidence for the first time in appellate proceedings to assess witness credibility?
- Whether the High Court took into consideration all relevant factors in discrediting an eye-witness relied upon by the trial court?
- Whether the conclusions drawn by the High Court regarding witness credibility could reasonably be drawn from the material on record?
ORDER
1. SHAFI-UR-REHMAN, J.-The acquittal of the respondents is based, inter alia, on the proceedings taken in the High Court for the first time, for procuring, verifying and comparing the handwriting of an eye-witness who was on the basis of such proceedings held to be "thoroughly unreliable person."
2. Leave to appeal is granted to examine among other questions. Whether the High Court in forming the opinion that it did, took all the relevant factor into consideration and has drawn conclusions which could reasonably by drawn with regard to the credibility of an eye-witness who had been considered reliable by the trial Court.
3. Bailable warrants in the sum of Rs. 2,500 with two sureties (each respon--sible individually and jointly) in the like amount to the satisfaction of and returnable to District Magistrate Sargodha to issue.