Evidence required for just decision must be summoned, examined: LHC

LAHORE: The Lahore High Court held, “It is mandatory for the court to summon and examine the evidence if the same is necessary for just decision of the case.”

The court passed these directions in a petition of Zaheer Ahmad who approached the court against the decision of a special banking court which rejected his application for comparison of signature of his deceased father.

The court allowed the petition and directed the special court to have comparison of signatures of deceased father of the petitioner available on the disputed cheques with the admitted signatures of the deceased available from Punjab Forensic Science Agency in accordance with law.

The court observed, it is well settled principle of law that criminal justice system is not adversarial rather inquisitorial and court has to reach at just decision of the case.

The court said, any piece of evidence which is essential for just decision of the case, has to be brought on record irrespective of the fact that either it favours one party or goes against other.

To fill lacuna in the case is immaterial if said piece of evidence is otherwise necessary for securing ends of justice, the court added.

Earlier, the petitioner’s counsel submitted that the impugned order is against the law and facts of the case.

He further submitted that since huge amount was withdrawn from accounts of the petitioner’s father while putting forged signatures on the disputed cheques, therefore, it was necessary for having comparison of the signatures of his deceased father for just decision of the case.

He said the impugned order is not sustainable in the eyes of law rather liable to be set aside. According to the details the petitioner’s father Ch Muhammad Rafique died on September 17, 2020, who in his life time maintained two bank accounts first in First Women Bank, Gujranwala and second in Habib Bank Ltd. G T Road Branch, Gujranwala.

Before the death the age of his father was more than 80 years and he was unable to move himself and even sign any document.

After death of his father, petitioner approached the respondents’ bank officials for provision of bank statements of his deceased father. When statements of accounts were provided to the petitioner, it revealed that accused persons illegally and unlawfully withdrew huge amount of approximately rupees 44.2 million from aforementioned bank accounts of his father.

Copyright Business Recorder, 2023