Law: Constitution of Pakistan, 1973

Section: 199

Law: Qanun-e-Shahadat Order, 1984

Section: 59

  SUMMARY For proper administration of justice and determination of authenticity, correctness, and legality of mutations, forensic comparison of admitted and disputed thumb impressions of Mst. Alia Zahir and signatures of Muhammad Zahir constitutes corroborative evidence through expert opinion. While courts are empowered under the provisions of Qanun-e-Shahadat Order 1984 to compare signatures and thumb impressions themselves, the absence of material witnesses necessitates reliance on expert opinion to reach a just conclusion. The foundational principle of jurisprudence is that law exists to foster justice, fairness, and protection of rights. Rules of evidence must be interpreted to advance justice rather than defeat it. Expert opinion, in this context, causes no prejudice to either party but aids the court in resolving disputes where direct testimony is unavailable. Dismissal of the application by the trial and appellate courts, without plausible justification, amounts to miscarriage of justice.   Law/Sections Used: Article 199 Constitution of Pakistan, 1973, Article 59 Qanun-e-Shahadat Order, 1984, 2009 SCMR 264, 2012 SCMR 1258 Case Description (2 words): Forensic mutation       JUDGMENT This single judgement in the instant petition is also aimed to decide W.P. No. 1896-P/2025 titled “Wahid Rehman alias Waheed Khan & others Vs. Mst. Alia Zahir & 02 others” as an identical controversy pertaining to forensic examination of thumb impression/signature of the alleged vendor and her husband of mutation No. 5 dated 04.07.1991 and mutation No. 93 dated 22.12.1993 was sought by the petitioners/defendants and through impugned orders the application submitted in the respective suits was turned downed. Facts of the case of the instant petition are that Mst. Alia Zahir has sought declaration through her suit to the effect that she is owner in possession of the property as described in headnote “alif” of the plaint of revenue estate of Jhanda Tehsil and District Swabi being the legal heir of Muhammad Khursheed with which, defendants have got no concern, the entries of the revenue papers on the strength of mutation…