Human trafficking cases: LHC directs enactment of special rules of evidence

LAHORE: The Lahore High Court (LHC) has directed the government to enact special rules of evidence in criminal justice system to deal with the organised crime of human trafficking.

The court passed this direction during the proceedings of a post arrest bail of Muhammad Tahir, a co-accused in a case of human trafficking.

The court allowed him post arrest bail to the satisfaction of the trial court and directed the petitioner to surrender his passport, if any, and shall make him available for the investigation/ trial as and when required.

The court said in the course of investigation, documents produced by the accused to facilitate smuggling cannot be treated as forged unless their authenticity is verified by the issuing authority.

The court giving guidelines for investigation of such cases, said the investigators must trace the origin of such papers, seize the equipment used in their preparation, and demonstrate its capacity by producing sample prints. The investigators must collect tangible documentary and digital evidence, such as registers, ledgers, receipts, laptops, mobile devices, CNICs, travel documents, cheque books, or any other items linking the accused to the premises, the court added.

The court said, electronic material, including WhatsApp chats, videos, images, and bank statements of both accused and victims, is crucial where it reveals transfers of money intended for illegal migration or suspicious transactions connecting the accused to organised groups.

The court said that digital footprints, including social media activity, recorded calls, and call detail records (CDRs) mapping the accused’s location and associations, must be carefully summarized and authenticated by authorized officers.

The court said the evidentiary requirement demands that the prosecution establish the accused’s direct involvement through concrete proof, rather than relying solely on presumptions or suspicion. The inquiry extends further to print, electronic, and social media, where relevant material must be collected and formalized into admissible formats, the court added.

The court said that proof of travel agency licenses, photographs of signboards, pamphlets, and handouts may all serve as supporting evidence. This includes photographing the premises, annotating notable articles found, and verifying ownership or tenancy records to tie the location back to the accused, the court added.

The court said conspiracies and acts of abetment are uncovered through witness testimony, forensic traces, and digital evidence to prove offence. Yet the principle remains clear that mere transfer of funds into an accused’s account is not sufficient proof unless it is directly connected to their involvement or linked to an organized group, the court added.

Such rigor is achievable only if a competent prosecution branch works in close collaboration with investigators, the court concluded.

Copyright Business Recorder, 2026