ویڈیو لنک کے ذریعے سے گواہ کا بیان قلمبند کرنے کا طریقہ کار ۔

2020 P Cr. L J 1184
[Lahore (Multan Bench)]
Before Tariq Saleem Sheikh and Sadiq Mahmud Khurram, JJ
MUNAWAR HUSSAIN and another---Appellants
Versus
The STATE---Respondent

Therefore, whenever in the course of an inquiry, a trial or other proceedings under the Code a witness is required to be examined through video link the following protocols should be observed:2

(i) The video conferencing should be held at the place approved by the Court.

(ii) If the witness is in Pakistan, a commission should be issued to the Magistrate of the first class under section 503 or 506 of the Code to facilitate and supervise the process as hereinafter mentioned.

(iii) If the witness resides in any country with which Pakistan has reciprocal arrangements, a commission as aforesaid should be issued to such Court or Judge having authority in this behalf as may have been specified in terms of subsection (2-B) of section 503 Cr.P.C. However, where no such arrangements exist, the statement of the witness must be recorded in Pakistan Embassy/High Commission or Consulate or, if the Court permits, in a Notary's office in the presence of an officer of that Embassy/High Commission or Consulate or the Notary, as the case may be.3

(iv) The judge, magistrate, officer of the Pakistan Embassy/High Commission, Consulate or Notary, as the case may be, must ensure that the witness is alone at the time of video conference and is not coached, tutored or prompted and he must submit his certificate to this effect to the Court.

(v) Before examination of the witness under audio-video link starts he must submit to the judge, magistrate, officer of the Pakistan Embassy/High Commission, Consulate or Notary, as the case may be, his original identity card, passport, driving licence or other document to prove his identity along with an affidavit (signed and thumb marked) duly verified before a Judge, or a Magistrate or a Notary that the person who is shown as the witness is the same person who is going to depose on the screen. The said identification document and affidavit must be shown on the screen to the other side and the officer concerned must forward a copy of these papers duly attested by him in a sealed cover to the Court (for which expenses must be paid to him in advance) which must make it part of the record.

(vi) As soon as the identification part is complete, oath should be administered to the witness (if required by law) through the media according to the Oaths Act, 1873, or any other law for the time being in force.

(vii) The witness should, as far as possible, be examined during the working hours of the Courts in Pakistan.

(viii) The proceedings must be conducted, as far as practicable, without any interruption and no adjournment should be granted unless the Court thinks that it is extremely necessary to meet the ends of justice.

(ix) The Court must provide to the witness copies of any documents that he may be entitled to demand under any law for the time being in force.

(x) The Court must record any remark as is material regarding demeanour of the witness while on the screen and should note the objections raised during the proceedings either manually or mechanically.

(xi) Deposition of the witness either in the question-answer form or in the narrative form must be reduced to writing by the Court and must be read over to the witness and if possible his digital signature must be obtained as a proof of its correctness. After that the Presiding Officer must also sign it and make the same part of record.

(xii) The visual must be recorded at the Court's end, secured with the seal of the Court and made part of the record.

(xiii) If a video link fails during the proceedings, the Court may adjourn the proceedings or make such other order as it may deem appropriate.

(xiv) In case of perjury the Court would be competent to proceed not only against the witness who gave false evidence but against the person who abetted it.

(xv) Unless the Court directs otherwise, the expenses for the arrangements should be borne by the applicant who wants this facility. The same should be deposited with the Court in advance.

(xvi) The Court may put such other conditions and issue directions as may be required in the circumstances of a case to meet the ends of justice and attain the object.

(xvii) Depositions of the magistrates in terms of Letter No.2045/MIT/HC/2017 dated 27.1.2017, supra, and other official witnesses should be recorded in accordance with the instructions issued by this Court from time to time.

(xviii) The Court may at any time vary or revoke a direction/ permission for examination of a witness on video link.

(xix) The Court must not make a direction for examining a witness on video link if:

(a) the necessary facilities are not available or cannot reasonably be made available, or

(b) the Court is satisfied that the evidence can more conveniently be given or made in the courtroom, or

(c) the Court is satisfied that the direction would be unfair to any party to the proceedings, or

(d) the Court is satisfied that the person in respect of whom the direction is sought would not give evidence or make the submission.