Law: National Accountability Ordinance, 1999

Section: 17

Law: Qanun-e-Shahadat (10 of 1984)

Section: 161

Law: Criminal Procedure Code (V of 1898)

Section: 540

National Accountability Ordinance (XVIII of 1999)--- ----S.17---High Court/Lahore/Rules and Orders, Vol. III, Chap. 1-E---Qanun-e-Shahadat (10 of 1984), Art. 161---Criminal Procedure Code (V of 1898), S.540--System of trial under National Accountability Ordinance, 1999---Recalling of witness--- Principle--- Petitioner was facing trial under National Accountability Ordinance, 1999, and was aggrieved of order passed by Trial Court recalling prosecution witnesses whose evidence had already been recorded--- Validity--- Criminal justice system is not adversarial rather inquisitorial and Court has to reach at just decision of the case--- Any piece of evidence which is essential for just decision of case has to be brought on record irrespective of the fact that either it favours one party or goes against the other--- Any delay in filing any application for calling / recalling of witnesses or bringing any piece of evidence on record is immaterial--- Filling lacuna in case is immaterial if such piece of evidence is otherwise necessary for securing ends of justice i.e. essential for just decision of the case--- Evidence which was allowed by Trial Court to be brought on record of case was otherwise essential for just decision of the case and accused party had right to challenge veracity of such piece of evidence by way of cross-examination--- High Court declined to interfere in the order passed by Trial Court--- Constitutional petition was dismissed, in circumstances. Abdul Latif Aasi v. The State 1999 MLD 1069; Muhammad Azam v. Muhammad Iqbal and others PLD 1985 SC 95; The State v. Muhammad Yaqoob and others 2001 SCMR 308 and Farooq Hussain and others v. Sheikh Aftab Ahmad and others PLD 2020 SC 617 rel. ORDER Through instant petition filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with Section 561-A, Cr.P.C., Ch. Muhammad Anwar (petitioner) has challenged the vires of order dated: 08.12.2020 passed by learned Judge, Accountability Court No.IV, Lahore, whereby application for recalling of order dated: 26.11.2019 passed by said learned Court, has been dismissed; relevant portion of said order dated: 26.11.2019 is hereby…

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