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

Section: 132,150

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 132---Cross-examination of a witness, right of---Scope---Adverse party---Scope---Article 132(2) of the Qanun-e-Shahadat, 1984 describes that the examination of a witness by the adverse party shall be called his cross-examination---Expression "adverse party" is defined as "a party to an action whose interests are opposed to or opposite the interest of another party to the action"---In general, an adverse party is an opposing party in a lawsuit. Black's Law Dictionary, Sixth Edition at page 53 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 132 & 150---Cross-examination of a witness, right of---Conflict of interest---Adverse party---Scope---Powers of the Court---Scope---Question "whether a defendant has right to cross-examine the co-defendant?" If so, in what circumstances---In the suit filed by plaintiff, the petitioner was one of the defendants and so was a lady, however, said lady endorsed the claim of plaintiff and in her evidence as one of the defence witnesses supported his (plaintiff's) version, unlike other defendants who supported the stance of petitioner---Petitioner's/defendant's request to cross-examine defendant-in-question was turned down by the Trial Court, which order was maintained by the Appellate Court---Validity---There is no specific provision in the Qanun-e-Shahadat Order, 1984, providing opportunity to a defendant to cross-examine a co-defendant; however having regard to the object and scope of cross-examination, it is settled principle of law that when a statement is made against the interest of a party to the proceedings, before that evidence could be acted upon, the party should have an ample opportunity to cross-examine the witness, who had given the evidence against him---It is only after such an opportunity is given and the witness is cross-examined that the evidence becomes admissible---Evidence becomes admissible after only it passes through the process of cross-examination by the adverse party regardless of the fact that the adverse party is a plaintiff or co-defendant, however, the condition precedent is the conflict of interest---There is another eventuality where a witness…

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