2000 PLP 1271 (MLD)
EJAZ AHMED ‑‑‑Applicant Versus STATE‑‑‑Respondent
| Citation | 2000 PLP 1271 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Amanullah Abbasi, J |
| Parties | EJAZ AHMED ‑‑‑Applicant Versus STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 2000 PLP 1271 (MLD)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 1271 (MLD)?
The case was heard and decided by the Karachi bench comprising: Amanullah Abbasi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1271 (MLD) (EJAZ AHMED ‑‑‑Applicant Versus STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S. 302‑‑‑Qanun‑e‑Shahdat (10 of 1984), Art.17‑‑‑Tazkiya Al‑Shuhood‑‑ Determination of competence of witnesses‑‑‑Observation made by Trial Court in the impugned order to the effect that question would be put to the witnesses before,recording their evidence in compliance with Art.17 of the Qanun‑e‑Shahadat, 1984, though their credibility would finally be determined under Tazkiya Al‑Shuhood at the time of passing the judgment, was not open to any serious objection'‑‑‑For the purpose of imposing a Hadd punishment it was necessary that standards of evidence prescribed in Qur'an and Sunnah were met and accordingly Tazkiya Al‑Shuhood was determined on the basis of principles laid down by Supreme Court in Ghulam Ali's case reported in PLD 1986 SC 740 and Muzakki would also have to be examined at the time of putting questions to the witnesses. Ghulam Ali v. The State PLD 1986 SC 741 ref. Shahadat Awan for Applicant Miss Rana Khan for the State
Judgment & Decree
Ghulam Ali v. The State PLD 1986 SC 741 ref. Shahadat Awan for Applicant Miss Rana Khan for the State The applicant has been charged with commission of Qatl‑e‑Amd under section 302 of Pakistan Penal Code. The applicant submitted an application that Tazkiyat‑ul‑Shahood be conducted in respect of all prosecution witnesses, whereupon the learned trial Court passed impugned order dated 13‑10‑1999 it was observed that credibility of witness under Tazkiyat‑ul‑Shahood will be considered at the time of passing judgment, but in compliance with section 17 of the Qanun‑e‑Shahadat Order questions will be put to the witness before recording his evidence. The applicant does not seem to be satisfied with this order and has moved this Court under section 439, Cr.P.C. I have heard Mr. Shahadat Awan, learned counsel for the applicant and Miss Rana Khan, Advocate for the State, at great length. Mr. Awan has argued that in case the charge for Qatal liable to Qisas (which is a Hadd punishment) is to be pressed, the standards of evidence according to Holy Qur'an and Sunnah have to be met in terms of section 304, P.P.C., though the applicant may be subjected to Ta'zir punishment even if such standards are not met. Therefore, he argued that Tazkiat‑ul‑Shahood was required to be conducted according to the method elaborately laid down by the Honourable Supreme Court (Shariat Appellate Bench) in Ghulam Ali v. The State PLD 1986 SC
741. I have carefully gone through the requirements prescribed by the Honourable Supreme Court, pointed out by the learned counsel. Viewed in the above context, no serious objection can be found to the observations of the learned trial Court to the effect that questions will be put to the .witness (to determine his credibility) before recording his evidence, though his credibility will finally be determined at the time of passing judgment. Mr. Awan, however, has pointed out that mere putting of questions to a witness for determining Tazkiat‑ul‑Shahood is not the only requirement of law. In the circumstances, to allay any misapprehension it may be observed that for the purpose of imposing a Hadd punishment, it is necessary that standards of evidence prescribed in Qur'an and Sunnah are met and accordingly Tazkiat ul‑Shahood is determined on the basis of principles laid down by the Honourable Supreme Court in Ghulam Ali v. The State PLD 1986 SC
741. Accordingly, Muzakki's will also have to be examined at the time when questions are being put to witnesses. With these observations, application stands disposed of alongwith miscellaneous applications. N.H.Q./E‑3/K