ISLAMABAD - The Supreme Court on Monday directed the Sessions Judge of Narowal to proceed against a policeman on the charges of commission of perjury in a murder case.
The orders were issued by a three-judge bench headed by Chief Justice Asif Saeed Khosa with the resolve of eliminating the scourge of false testimony and perjury causing loss to justice system.
“We are starting journey towards truth from today— March 4 and all witnesses should be aware. We are eliminating the culture of false testimonies and initiative is being taken from this perjurer (Hayat),” observed the chief justice, adding that the entire testimony is disregarded if any part of it is found to be false.
He further observed, “The perjurers have destroyed the justice system and Islam also accords that entire statement get rejected if a piece of it is found to be untrue.”
Assistant Sub-Inspector (ASI) Khizer Hayat was summoned by the top court over the allegations of recording false testimony in a murder case.
During the hearing, it was revealed that the said ASI was performing his duty in Wahdat Colony Lahore and gave testimony in the case of commission of murder in Narowal.
Chief Justice Khosa observed that the ASI was on leave according to police record. He grilled the policeman for perjury and observed that high court also pointed out the same.
During the hearing, the bench was informed that the statement was given on the oath. However, the chief justice remarked that giving false statement of an incident on oath is a crime. “You should have fear of God, if not the fear of people,” the CJ remarked.
He further remarked, “According to law, penalty for perjury is imprisonment for life and the entire witness statement stands rejected if a piece of it is proven to be false.”
“Either, you were not on duty on the day or you have such sharp eyesight that you witness the incident in Narowal while sitting in Lahore,” the chief justice told the policeman accused of perjury.
Meanwhile, the top court issued 11-page judgment in the case of then magistrate Kanwar Anwar Ali, who was issued notice on account of dereliction of duty and lack of sufficient legal knowledge and not fulfilling the legal obligations in identification parade due to which an accused was wrongly implicated and awarded death sentence on murdering a student namely Adil Butt.
The top court had acquitted Asfandyar Khan, who already served 10 years of his life imprisonment in jail, observing lacunas in prosecution case but issued notice to then magistrate Ali.
The judgment authored by Chief Justice Asif Saeed Khosa referred to the observations of Justice Khalilur Rehman Ramday, when he was judge of Lahore High Court (LHC), which he rendered in a landmark judgment given in 1989.
The instant judgment pointed out that the matter of taking of different steps in holding of a proper test identification parade in connection with a criminal case has developed over many decades and the requirements of such a parade have elaborately been detailed in the judgment of Justice (Retd) Ramday.
“We wholeheartedly approve the said requirements and safeguards which are to be meticulously followed and observed in all the test identification parades held in connection with criminal cases.”
The instant judgment also observed that during a test identification parade the requirement regarding specifying by a witness the role of an individual accused person in commission of an offence had also been identified and emphasized by more than dozen of judgments of this court.
“Identification of many accused persons in one line and in one go during a test identification parade has also repeatedly been held by this court to be improper and it has been clarified by this court on a number of occasions that every accused person is to be put to a separate test identification parade.”
Chief Justice Khosa further observed that the precedent set by the top court and the best practices mentioned therein have been consolidated in the present order so that any confusion regarding the legal position in respect of a test identification parade may be removed and all concerned may stand instructed and guided in that regard in future.
The judgment further ruled that a serious exception may henceforth be taken to any non-compliance or disregard of the requirements and safeguards mentioned in the precedents set by the top court.
It has also been directed that the copy of instant judgment be sent to the registrars of all the high courts in the country with a direction to send a copy of the same to every judge and magistrate within the jurisdiction of each high court handling criminal cases at all levels for their information and guidance.
The judgment acquitting Asfandyar Khan observed: “It is unfortunate that the magistrate conducting the test identification parade in this case was completely oblivious of such judgments holding the field.”
Chief Justice Khosa, however, accepted the reply of then magistrate Ali and discharged the notice.
He observed in the judgment that the explanation put forward by Ali who is presently posted as deputy secretary (P&D Department) Government of the Punjab, and the peculiar circumstances mentioned therein have been found to be plausible and thus no occasion has been found for proceeding against him in any manner or for passing any adverse remark against his conduct.