| Citation(s) |
|---|
| 1988 SLG 735 1988 SLD 735 1988 PLD 190 |
Supreme Court (AJ&K)
Criminal Appeals Nos.2 and 1 of 1984, decision dated: 2-05-1988.
MUHAMMAD KHURSHID KHAN, C, J
Manzoor Hussain Gillani Advocate General for the State.
Criminal Appeals Nos.2 and 1 of 1984, decision dated: 2-05-1988.
MUHAMMAD KHURSHID KHAN, C, J
Manzoor Hussain Gillani Advocate General for the State.
ABDUL RAZAQ and another
VS
THE STATE
Law:
Section:
(a) Islamic jurisprudence-- ---Evidence--"Tazkiya" ''means purgation of witnesses--Object of "Tazkiya".--[Evidence.]. 'Tazkiyal means purgation of witnesses. 'Tazkiya' of the witnesses is conducted primarily with the object to know, their competency, and other virtues in order to place implicit faith in their statements -to record conviction in cases of 'Hudood' and 'Qissas'. Naturally, the procedure adopted to conduct 'Tazkiya' must satisfy that it is done by persons whose conduct in also above-board. 'Tazkiya' conducted by any person whose conduct is not shown to be above-board, cannot be considered to .be 'Tazkiya' known in the Islamic Law. Dictionary of Islam by Thomas Patrick Hughes, 534; Al Maida Ayat No.11 VIII; Al A'raf Ayat No.105 (VII, 105); At Talaq: 2 (LXV 2); Ayat of Holy Quean (S.XLIII 86) and Abdul Ha'daya (Urdu), Vol. 3 (Kitabush Shahadat) p. 339 ref. (b) Islamic jurisprudence-- ---Evidence--Purgation--Secret purgation how to be conducted.-[ Evidence ]. A secret purgation is made by a Qazi writing a letter, privately, to a 'Muzzaki' or purgator (that is; a person whose business it is 'to inquire into the character of others), and describing to him 'the family and countenance of the witnesses, and likewise their place of abode; and the purgator, .in like manner, returning his answer privately to the Qazi, lest if it were known to a party, he might attempt to injure 'him. The secret inquiry is called in legal and technical language 'mestureh'. It is conducted by writing. For such an inquiry the Judge is to put in writing the names of the parties and the subject-matter of the action, and the names and generally known names of the witnesses and their trade and conditions, and the places where they live, and the names of their fathers and grandfathers, or if they are well known, only their names, and generally known names. The Judge should place it in an envelope and seal it and then send the same to those who are chosen to ascertain the character of the witnesses. The persons chosen after opening and reading the "mestureh', if the witnesses are competent, would write.' under the names that they are competent as regards the evidence, and, if they…
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