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

Section: 164

Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 164--Modern devices--Production recording of evidence--video link--Suit for damages--Respondent instituted a suit for damages against petitioner, on basis of alleged defamation--Petitioner appeared herself in witness box as DW-4 in her defence evidence--On two dates of hearing, petitioner (DW-4) was cross-examined but her cross-examination could not be completed--In meanwhile, petitioner left for Canada and filed an application in trial Court for recording her remaining cross-examination from Canada through a video link--She was a mother of two children of 6 and 8 years of age, and it would cause her unnecessary expense and inconvenience in travelling--Principle of updating construction is in consonance with purposive approach, which this Court has consistently adopted while interpreting different statutes--The CPC is silent on matter of evidence recording through video conferencing--Petitioner is only defendant in suit, therefore, her evidence is very much essential to just decision of case--Present petition for leave to appeal is, therefore, converted into an appeal and same is allowed--Accepting application of petitioner for recording her remaining cross-examination through video conferencing--There is no dispute as to identity of petitioner, nor is there any serious apprehension that petitioner would be under influence of or tutored by any other person in course of recording her remaining cross-examination--Therefore, not inclined in present case to require petitioner to go to Pakistan Embassy in Canada and to involve any officer of Embassy in process of recording her remaining cross-examination through video conferencing--‘Purpose of cross-examination’, as observed by this Court in case of Muhammad Shafi, ‘is to assist Court in bringing truth to light by disclosing or clarifying matters which witnesses may wish to conceal or confuse from motives of partisanship’--Presiding officer of Court, judge, should not remain a silent spectator but should act as a vigilant supervisor, for right of cross-examination is neither unlimited nor unbridled--When judge observes that right of cross-examination is being…

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