While dealing with the criminal matters at Bench, it has been noticed with concern that being oblivious of their fundamental and foremost duty of dispensing with the justice to the litigants, after fulfillment of the requirements of a fair trial, sometimes the trial Courts instead of adopting a proactive approach prefer to sit idol while deciding the cases and only depend upon the material/evidence so produced by the parties. Needless to observe that the Courts being bastion of justice are enjoined upon to exercise their jurisdiction in accordance with the statutory provisions of law. However, the Courts while exercising such powers vested with them are permitted to absorb the changing realities of life, and as such the same should be reflected through their decisions. Needless to observe that unless a society as a whole is innately and zealously desirous to seek benevolence of justice to concretize its foundations, the belligerent factions like the litigants by exploiting the loopholes and the weaknesses of the system, continue to take advantage in their favour. It is observed with anguish that for countless reasons with the passage of time, instead of treading valiantly on the hard and bumpy path to occupy an honourable place in the comity of civilized and developed nations, we as a society are victim to stagnation. Such a state of affair has resulted into a gradual decay almost in all walks of life. It is the lesson of history if one intends to learn that neither any individual nor any nation can make advancement without sheer hard work and without adhering to best guiding norms of life. Unless a society as a whole has its firm belief in the benevolence of justice in every field of life as a virtue, the judicial system under any constitution and law alone cannot create an egalitarian society, i.e. the ultimate aspiration of the humans irrespective of their religion, creed and caste. However, the Courts while exercising their jurisdiction with a progressive outlook and proactive role can make a contribution for sustaining of, otherwise a dwindling society. It may further be observed that it is expected from the Courts with bona fide and a firm belief that the courts will not deter in exercising their jurisdiction in a progressive manner to cater justice. The status of the litigants is always of a justice seeker only. The litigants under their respective persuasions can adopt and exercise all possible options including the tactics available to them while taking refuge behind the technicalities to attain their goals. It is the sacred duty of the Courts only to dispense with the justice to the litigants. Under Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, to have a fair trial, is the fundamental right of the litigants while following the enabling provisions of the Qanun-e-Shahadat Order,1984 and the Code of Criminal Procedure, 1898, during trial. In this backdrop, a reference to Section 540 Cr.P.C may not be out of context, which upon its bare reading reflects that where some evidence is essential for just decision of case, it is obligatory upon the Court to exercise its discretionary power even suo-motu while guarding itself against the exploitation of exercise of such power by the litigants in the light of guiding principles in the ends of justice. There is no dearth of case law elaborating the guiding principle for exercising powers in this regard.
Crl. Appeal No.14750 of 2022
Zeeshan Iftikhar alias ShaniVersus The State, etc.
Crl. Rev. No.14749 of 2022
Zaheer-ud-Din BabarVersus Zeeshan Iftikhar etc.
 of Qanun-e-Shahadat Order 1984 can be drawn against that party for withholding such evidence,..............){kind=link}
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