Credibility of Witness (Pt-I)

(Shah Nawaz Bokhari, Rawalpindi)

Oath or Affirmation

Article 3 of the Qanoon-e-Shahadat Order 1984 deals with the competency of a witness. A witness is a person who deposes some relevant fact in an issue or testifies in order to prove or disprove any matter in question. A person who gives testimony against any accused person is called witness. There is some classification to testify their credibility in a Court. The Law of evidence/Qanoon-e-Shahadat Ordinance, 1984 define the role of witness in its Article (03) and way of testify the conditions. A witness should be fulfilled the tazkiyah shahood i.e purity of honesty. On the other hand, he should be far-away from major sins or criminality. Such statement like hearsay or dye declaration is a weak type of evidence. However, it is the duty of the Court to determine the credibility of witness in light of other evidences.

Unfortunately, in India and Pakistan 90% witness speaking untruth while Court call him/her for recording any statement. It is definitely, net result become an issue. Mostly, people blame upon Courts too not yet do justice. Some people said that it is a pressure game. Some said that it is krashma of influence or government smashed. Islam has given clear cut instruction to the people to speak the truth while giving any statement in any Court of law.

In my observation in recent cases i.e NAB Vs Mian Muhammad Sherif, 2019 (Money Laundering) or (Aven field) cases are worse example in entire judicial system even that the role of witness. Both the counsel of the parties has been given favor to the defendant (Mian Muhammad Nawaz Sherif) except the Court. All the prominent personalities of politics are using the shoulder of Court to shoot out. It is definitely, blame comes upon to the head of the executive. Allah knows the heart of the people.

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