LHC judge raises key questions over CCTV evidence in murder case

Justice Muhammad Amjad Rafiq of the Lahore High Court (LHC) has raised important legal and technical questions

LAHORE: Justice Muhammad Amjad Rafiq of the Lahore High Court (LHC) has raised important legal and technical questions regarding the admissibility, reliability and evidentiary value of CCTV footage and other video recordings in criminal trials.

The questions emerged during the hearing of a murder appeal filed by Raja Shahid, who was convicted and sentenced to life imprisonment. During the proceedings, the court examined CCTV footage related to the murder and played the recording in open court.

The court observed that the faces of the alleged accused could not be clearly identified in the footage presented by the prosecution. The observation prompted Justice Amjad Rafiq to examine whether video evidence, particularly CCTV footage, can independently establish the identity and guilt of an accused without sufficient corroboration.

The court framed six key questions concerning the use of electronic evidence in criminal proceedings.

The first question was whether an accused can legally be convicted solely on the basis of CCTV footage. The second concerned the legal status of privately installed CCTV recordings obtained without being in state custody.

The third question examined whether witness statements can be discarded or given reduced weight merely because CCTV footage is available. The fourth focused on the standards required for pixel enhancement, image processing and forensic re-analysis when video footage is used to identify suspects.

The fifth question dealt with possible investigative shortcomings when law-enforcement agencies rely heavily or exclusively on video evidence. The sixth concerned the Shariah and legal status of video and electronic evidence in criminal trials.

To assist the court in examining the technical, legal and evidentiary aspects of the matter, Justice Amjad Rafiq appointed two Amicus Curiae — Advocate Supreme Court Sheeba Qaiser and Deputy Prosecutor General Punjab Muhammad Naveed Umar Bhatti.

The court directed the amici to provide assistance regarding the effective collection, interpretation, authentication and evidentiary assessment of video and electronic material in criminal cases.

The LHC also issued notices to Prosecutor General Punjab Chaudhry Irfan Sadiq Tarar and the Director General of the Punjab Forensic Science Agency (PFSA). They have been asked to assist the court regarding existing forensic procedures and protocols for the authentication, enhancement and identification of individuals appearing in video footage.

The proceedings assume wider significance as CCTV cameras have become increasingly common in public places, businesses, residential areas and private properties across Pakistan. While such recordings can provide valuable investigative leads, questions surrounding authenticity, chain of custody, image quality, identification and possible manipulation remain important in criminal trials.

Legal experts believe the questions framed by the LHC could help develop clearer standards for courts and investigating agencies dealing with digital evidence.

The matter also highlights the need for investigators to properly preserve original recordings, document the chain of custody and obtain appropriate forensic analysis before presenting electronic material as evidence.

The court has adjourned further proceedings until next week. The Prosecutor General and DG PFSA have been directed to appear with proposals concerning standard operating procedures for the collection, preservation and forensic examination of video evidence.

The outcome of the proceedings could have implications beyond the present murder appeal and may contribute to clearer judicial guidelines on the use of CCTV and other forms of electronic evidence in criminal cases.