NADEEM AKBER vs THE STATE
This criminal revision petition concerns an application filed by the accused seeking to recall a prosecution witness, Ghulam Habib, for the purpose of further cross-examination before the trial court. Initially, the court required the applicant to justify the necessity of recalling the witness. However, during the subsequent hearing, the complainant voluntarily expressed no objection to the request, and the Assistant Advocate General similarly offered no opposition. In light of this consensus and in the interest of justice, the High Court allowed the application by consent. The court directed the trial court to summon the witness for further cross-examination, stipulating that this process should be completed expeditiously, preferably within fifteen days of receiving the order. The judgment underscores the principle that where parties consent to the recalling of a witness for further cross-examination, and such a request is made in the interest of justice, the court may exercise its discretion to permit the recall to ensure a fair trial and the proper administration of justice.
- Can a prosecution witness be recalled for further cross-examination if the complainant consents to the request?
- Does the court have the discretion to allow the recalling of a witness for further cross-examination in the interest of justice?
ORDER
1. ' On the last date of hearing learned counsel for the applicant partly argued the matter and was required to satisfy as to why the witness be recalled for further cross-examination. But today when the matter was taken up the complainant voluntarily agreed and stated that he has no objection if the witness Ghulam Habib for whom the application was moved before trial Court for his recalling for the purpose of further cross-examination is allowed.
2. ' Learned A.A.-G. Has also no objection.
3. In view of the no objection of complainant and A.A.-G. And in the interest of justice I allow this application by consent and order that witness Ghulam Habib may be recalled by the trial Court for the purpose of further cross-examination by the accused or his learned counsel. Accordingly this Criminal Revision stands disposed of alongwith listed application. The trial Court is directed to summon witness Ghulam Habib for further cross-examination as early as possible preferably within fifteen (15) days from the date of receipt of this order.