LHC upholds recall of witnesses in murder case

Lahore High Court has upheld a trial court’s decision allowing witnesses to record their statements again in a murder case, reported 24NewsHD TV Channel.

Justice Muhammad Amjad Pervaiz issued a six page written verdict while dismissing a petition filed by Shamshad Bano against the re examination of witnesses.

The court held that recalling witnesses is not meant to correct weaknesses in the prosecution’s case, but can be allowed to ensure a fair dispensation of justice.

It noted that courts have broad powers under Section 540 of the Code of Criminal Procedure to recall witnesses and that such powers should not be restricted on merely technical grounds.

The case involved witnesses who had not previously given statements regarding the recovery memo of the murder weapon.

The court also mentioned that the recovery documents were already part of the judicial record and copies had been provided to the accused.

The LHC ruled that recalling the witnesses would not affect the accused’s right to cross examination, as the defence would have a full opportunity to question them on their fresh statements.

The court upheld the prosecution’s request to recall the witnesses, observing that criminal proceedings should not be allowed to obstruct justice because of technical shortcomings.

Shamshad Bano had challenged the trial court’s June 17 decision, but the high court ruled that she failed to establish any legal flaw in the trial court’s order.