Lahore:
The High Court of Lahore (LHC) ruled that the testimony of an accusation witness declared a proclaimed offender (PO) in other cases may be recorded.
The LHC Judge Tariq Saleem Sheikh heard a case involving a Husnain Ali Nasir who was a delinquent proclaimed in two cases, but his sister had filed a separate case.
Husnain’s sister made a request to a judicial magistrate praying for him to be authorized to record his evidence by the video link as he is in the United States for medical treatment after being injured in an attack.
His request was refused by an order dated March 28 of last year.
The complainant then filed a request before the additional judge of Daska, who was also rejected on May 29, 2024.
The two courts have judged that a “fugitive of the law will lose its normal rights”.
They noted that Husnain had left the country without the authorization of the court and had been declared a delinquent proclaimed after a regular procedure.
They observed that allowing him to testify via a video link in the event that he was a wounded pursuit witness is unfair to the respondents, in particular because he remained a delinquent proclaimed in two other cases deposited in 2019 by the same competitors.
After that, the petitioner Noseen Ali Nasir challenged orders before the LHC.
The legal questions that arose for examination were whether the testimony of a witness could be recorded via a video link in criminal procedures and such testimony could be recorded if the witness was a delinquent proclaimed in another case.
The Court observed that the video conference is a technological development which allows visual and audio communication in real time between individuals in different places. Its use in legal proceedings, including criminal trials, has developed considerably in recent years. The courts have adopted it to reduce delays, protect vulnerable witnesses and take up logistical or security challenges while maintaining procedural equity.
