2023 YLR 2562
Article 161 of Qanun-e-Shahadat , 1984 has armed the judge with the most exhaustive powers possible for the purposes of getting at the truth . It is settled by now that courts of law are not to sit entirely unconcerned during proceedings , like a dummy nor is a court holding a criminal trial expected to act only as unthinking statute or as a mere referee in a technical bout leaving to the contestants to do what they like and nor interfering unless the rules of the game were violated . The Investigating Agency , the counsel , the parties and the witnesses before such courts are the instruments provided by law to reach a correct and just decision . The courts of law should not leave themselves to the mercy of the parties but required to actively participate in the proceedings to dig out the truth . Powers conferred under section 540 , Cr.P.C. and Article 161 of Qanun-e-Shahadat not only empower the courts to adopt such a course but in fact obliged them to do that . Asking question to any witness during trial to reach at a just conclusion , when the court feel necessary in the interest of justice can ask : any question ; in any form ; at any stage ; of any witness ; or of the parties ; about any fact relevant or irrelevant . The powers given under this Article are supplementary to the power of the Court provided in section 540 of the Code of Criminal Procedure , 1898 .
Examination of witnesses is very important for any case whether civil or criminal . Articles 130 to 161 of Qanun - e Shahadat , 1984 explain the examination of witnesses , which covers all the things , like who can first examine the witnesses and what are the relevant facts that are accepted during the examination of witnesses . It also covers what questions can or cannot be asked during cross examination . It also tells that power of Judges during the examination witnesses . It is the Judge's power or of right to put questions to witnesses related to a particular case which is expressly recognized in Article 161 Qanun - e Shahadat , 1984. It is expected from the judge as well as it is his duty to be well aware of all the evidence produced before the court to discover the truth . To give a fair verdict or judgment , it is mandatory for the judge to question witnesses on the points which the lawyers have willingly overlooked or left . If the judge is not satisfied with the way in examination of witness is conducted by which the counsel , he has the right and duty to interfere with questions . It is duty of a judge to discover the truth and for that purpose , he may ask any question in any form at any time to the witness about any fact relevant or irrelevant related to the must do without case but this he trespassing the function of a counsel and without appearing to frighten the witness.
There is no time limit for which the judge may ask a question and if he has not got the depth of the matter he should further go with the examination no matter whatever is the number of questions required to dig out the truth . Under Article 161 of Qanun - e - Shahadat , 1984 , the parties nor their agents are entitled to raise any objection to any such question , nor , without the leave of the court , to cross - examine any witness upon any answer given in reply to any such question . It is discretion of the judge to allow permission for cross - examination of the witnesses .
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