PHC orders action against officials over false testimony

Chief Justice Shah stresses strict evidence protocols

PESHAWAR:

The Peshawar High Court (PHC) has taken a firm stance against judicial and administrative lapses in a narcotics case, ordering disciplinary action against a trial court, public prosecutor, and excise officials for recording false testimony.

PHC has also summoned detailed reports from the Peshawar District and Sessions Judge and other relevant authorities to ensure accountability and prevent miscarriage of justice.

A division bench comprising Chief Justice SM Atiq Shah and Justice Ijaz Khan issued the directives while hearing the appeal of Muhammad Sabir, who had been sentenced by a trial court to life imprisonment and fined Rs1 million in a drug trafficking case.

The High Court overturned the conviction, remanded the case to the trial court, and instructed it to rehear and decide the matter afresh, highlighting multiple procedural and evidentiary irregularities in the original proceedings.

In a 31-page written judgment, Chief Justice Atiq Shah underlined the necessity of recording witness statements in narcotics cases through both audio and video means. The bench emphasized that any instance of false testimony or presentation of forged evidence must be met with strict legal consequences to uphold the rule of law. The judgment also stressed that investigative lapses are a major reason why convictions in drug-related cases often fail, despite arrests and recoveries.

The defense counsel, Muhammad Saeed Khan, contended that the prosecution had failed to establish the alleged recovery from the accused's vehicle according to legal standards. He argued that the accused was neither arrested at the scene nor was any contraband recovered from his possession. Khan further pointed out contradictions in witness statements and circumstantial evidence, raising serious doubts about the veracity of the prosecution's case.

During the proceedings, the court observed significant clerical errors, including the recording of a constable named Hidayat as "Qaiser Khan" in official records. Neither the witness's identity card nor service card was presented in court, creating further uncertainty and raising the possibility that the witness may have deliberately provided false information. The bench directed a re-verification of both officials involved to ensure fairness in the ongoing case.

The High Court also issued comprehensive instructions for future narcotics trials. These include weighing and sealing seized drugs before sending them to forensic laboratories, protecting case property from tampering, recording witness statements via audio and video, verifying witnesses' identities, and ensuring service card presentation by government officials.