The Supreme Court of Pakistan has declared that trial courts are legally and constitutionally obligated to record a witness's testimony verbatim and immediately rectify any errors, underscoring that fair trials and transparent judicial proceedings depend on an accurate record of evidence.
Bench and Case Background
A two-member bench, comprising Justice Jamal Khan Mandokhail and Justice Salahuddin Panhwar, issued detailed reasons for its short order in criminal petitions filed by Mst. Nayab. The court set aside earlier orders from the trial court and the Sindh High Court Circuit Bench in Hyderabad. It emphasized that procedural law serves as a means to achieve justice, not an impediment.
Petitioner's Grievance
The petitioner, Mst. Nayab, was a prosecution witness in FIR No. 33/2018 registered at a police station in Jacobabad district. Her testimony was recorded via video link. After obtaining a certified copy of her statement, she identified several material errors and inconsistencies. These included the incorrect recording of the incident date as May 30, 2018, instead of May 31, 2018, along with discrepancies in the cross-examination and other parts of the statement.
Court's Observations
The court noted that the trial court failed to comply with legal requirements for recording evidence. It stressed that accurate record-keeping is essential for upholding the right to a fair trial under Article 10A of the Constitution. The judgment stated: "A fair trial and transparent proceedings require that the evidence of a witness is recorded verbatim and any mistake is corrected forthwith."
Impact of the Ruling
This ruling reinforces the duty of trial courts to ensure precision in judicial records. It sets a precedent that errors in testimony transcripts can undermine the integrity of proceedings and must be corrected promptly. The decision also highlights the importance of technology-assisted testimony (video links) while ensuring accuracy remains paramount.
