LHC observes cases with weak evidence put burden on judicial system, cost state resources

Lahore Hight Court has ordered that incomplete evidence cases should be dismissed so that burden of cases can be minimized, reported 24NewsHD TV Channel.

LHC Justice Amjad Rafiq issued 8-page order which has been called as a example by the jurists.

The court ruled that cases with weak evidence not only put an unnecessary burden on the judicial system but also cause a waste of state resources. The court clarified in its decision that if the evidence on record in a case is insufficient, the court has the power to discharge or acquit it instead of sending it for trial. 

According to the judgment, the court may also order the discharge of the accused, agreeing with the opinion of the prosecution.

The judgment further stated that the role of the prosecution should not be a mere formality but an effective filtering system so that weak and baseless cases are stopped at the initial stage. 

LHC emphasized that effective investigation of the police report and investigation of evidence is the primary responsibility of the prosecution. The court observed that baseless cases waste valuable time of the courts, therefore the prosecution must make its screening process more effective so that only strong cases reach trial. 

The court said that that if further evidence comes to light in a case later, it is legally possible to reopen it, however, it will depend on the new material and legal requirements. The court, while quashing the previous orders of the magistrate and additional sessions judge, held that the petitioner has the right to file a fresh application as per the law. During this case, relief was also provided to a citizen in the matter of character certificate, which the court described as an important legal aspect. 

The judgment also stated that the prosecution is not just a formal party but a filtering authority whose purpose is to prevent weak cases from proceeding. The Lahore High Court, in its judgment, emphasized that in all criminal cases falling under the jurisdiction of the Lahore High Court, the principle should be kept in mind that cases with weak evidence should not be brought to trial. 

This judgment is being seen as an important judicial guidance in future criminal cases, which is expected to reduce the number of unnecessary cases in the judicial system.

Reporter: Malik Ashraf